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Records pertain to the Office of Science and Technology Policy.
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285792703
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Department of Transportation
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285792703
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Department of Transportation
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Records pertain to the Office of Science and Technology Policy.
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62096-008
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Records of the White House Office of Science and Technology (George H. W. Bush Administration)
John F. O'Neil Subject Files
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Originally Processed With FOIA(s):
FOIA Number:
2005-0336-F
2005-0336-F
FOIA
MARKER
This is not a textual record. This is used as an
administrative marker by the George Bush Presidential
Library Staff.
Record Group/Collection:
George H.W. Bush Presidential Records
Collection/Office of Origin:
Science and Technology Policy, Office of (OSTP)
Series:
O'Neil, John F., Files
Subseries:
Government Organization Files
OA/ID Number:
62096
Folder ID Number:
62096-008
Folder Title:
Department of Transportation
Stack:
Row:
Section:
Shelf:
Position:
0
0
0
0
AGREEMENT BETWEEN
THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND
THE GOVERNMENT OF THE UNION OF SOVIET SOCIALIST REPUBLICS
ON COOPERATION IN TRANSPORTATION SCIENCE AND TECHNOLOGY
The Government of the United States of America and the
Government of the Union of Soviet Socialist Republics,
(hereinafter referred to as "the Parties");
Recognizing that cooperation in the field of transportation
science and technology can promote the well-being and
prosperity of both countries;
Affirming that cooperation will strengthen friendly
REPRODUCED AT GOVERNMENT EXI ENSE
relations between both countries;
Desiring to establish closer and regular cooperation
between appropriate scientific and technical organizations and
individuals in both countries;
-
Noting the General Agreement between the Government of the
United States of America and the Government of the Union of
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Soviet Socialist Republics on Contacts, Exchanges, and
Cooperation in Scientific, Technical, Educational, Cultural and
Other Fields, signed on November 21, 1985;
Recalling the Helsinki Final Act;
Have agreed as follows:
- 2 -
ARTICLE I
1. The Parties will develop and implement cooperation in
the following areas of mutual interest:
(a) Civil aviation;
(b) Railroad safety;
(c) Highway bridge construction; and
(d) Highway and traffic safety.
2. The list of agreed initial topics for cooperation
within the framework of areas of mutual interest is set forth
in Annex I, which is an integral part of this Agreement.
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3. Cooperation will be based on the principles of
equality, reciprocity and mutual benefit and will be aimed at
solving common transportation problems and improving the safety
level and usefulness of transportation systems in each country.
ARTICLE II
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Cooperation under this Agreement may involve:
1. Exchanges of scientists, specialists and
researchers;
2. Exchanges of scientific and technical information,
documentation, and, where appropriate, scientific
equipment;
3. Joint conferences, seminars and workshops;
- 3 -
4. Joint planning, development and implementation of
research projects and programs; and
5. Such other forms of cooperation as may be mutually
agreed.
ARTICLE III
1. Implementation of this Agreement will be carried out by
governmental organizations within the framework of agreed
cooperative activities.
2. In addition, the Parties may encourage, as appropriate,
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cooperation involving other interested organizations in the
area of transportation science and technology.
ARTICLE IV
1. The Parties will establish a Joint Committee on
Cooperation in Transportation Science and Technology
(hereinafter, the "Joint Committee"), which normally will meet
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once a year, alternately in the United States and the Soviet
Union, unless otherwise agreed.
2. The Joint Committee will review cooperative activities
under this Agreement and submit an annual report to the Parties
on the status of such activities.
- 4 -
3. The Joint Committee may make recommendations to the
Parties on ways to improve cooperation, on changes in the list
of areas of mutual interest and on changes in topics for
cooperation within such areas, and on such other matters
related to cooperation in the field of transportation science
and technology as it deems appropriate.
ARTICLE V
1. Each Party will have an Executive Agent. The Executive
Agent for the United States of America will be the Department
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of Transportation. The Executive Agent for the Union of Soviet
Socialist Republics will be the State Committee on Science and
Technology.
2. The Executive Agents will be responsible for
coordination and supervision of cooperative activities under
this Agreement. The Executive Agents will establish a joint
working group for each of the areas of cooperation listed in
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Article I to assist them in carrying out their functions.
ARTICLE VI
1. All activities under this Agreement, including
exchanges of technical information and equipment, exchanges of
specialists, and the carrying out of cooperative activities,
will be conducted in accordance with the international
- 5 -
obligations, national laws and regulations of the Parties and
within the limits of available funds.
2. Each Party or participating organization will bear the
costs of its participation in carrying out cooperative
activities under this Agreement, unless otherwise mutually
agreed.
ARTICLE VII
With respect to cooperative activities under this
Agreement, each Party, in accordance with its international
obligations, national laws and regulations, will:
(a) ensure that qualified specialists may participate
in activities under this Agreement, whether or not
they are affiliated with institutions participating in
the implementation of this Agreement;
(b) facilitate prompt and efficient entry into and
REPRODUCED AT GOVERNMENT EXPENSE
exit from its territory of participants of the other
Party, as well as provide access to its institutions,
organizations, relevant geographic areas, information,
materials, and individual specialists; and
(c) facilitate prompt and efficient entry into and
exit from its territory of necessary equipment and
instrumentation of the other Party.
- 6 -
ARTICLE VIII
Protection of intellectual property and rights thereto will
be as set forth in Annex II, which is an integral part of this
Agreement.
ARTICLE IX
Scientific and technological information derived from
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AT
cooperative activities under this Agreement, other than
information not disclosed for commercial or industrial reasons,
will be made available, unless otherwise agreed in writing, to
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the world scientific community through customary channels and
in accordance with Article VIII and Annex II of this Agreement,
and the normal practices and regulations of the Parties.
ARTICLE X
This Agreement will be without prejudice to the cooperation
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of either Party with other States and international
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organizations.
ARTICLE XI
1. This Agreement will enter into force upon signature by
the Parties and will remain in force for five years.
ANNEX I
AREAS AND TOPICS FOR COOPERATION
In the area of civil aviation:
1. Microwave landing system;
2. Air traffic control requirements, including
Mode S secondary radar requirements/data link,
collision avoidance systems, and satellite
civil aviation applications;
3. Accident investigation; and
4. Aviation medicine.
In the area of railroad safety:
1. Locomotive engineer selection and training;
2. Human factors affecting crew performance;
3. Rail traffic safety; and
4. Railway bridge inspection.
REPRODUCED AT GOVERNMENT EXI CNSE
In the area of highway bridge construction:
1. Streambed degradation;
2. Deck construction techniques;
3. Segmental construction techniques;
4. Concrete studies; and
5. Electroslag welding.
In the area of highway and traffic safety programs:
1. Human factors studies; and
2. Physical factors (highway).
REPRODUCED AT GOVERNMENT EXPENSE
ANNEX II
INTELLECTUAL PROPERTY
Pursuant to Article VIII of this Agreement:
I. GENERAL
A. For purposes of this Agreement, "intellectual property" is
understood to have the meaning found in Article 2 of the
AT
Convention Establishing the World Intellectual Property
Organization, done at Stockholm July 14, 1967.
B. The Parties shall ensure adequate and effective protection
for intellectual property created or furnished under this
Agreement.
II. COPYRIGHTS
REPRODUCED AT GOVERNMENT EXPENSE GOVERNMENT REPRODUCED
The Parties and their Executive Agents shall take
appropriate steps to secure copyright to works created under
this Agreement in accordance with their respective national
laws, except as otherwise specifically agreed. The following
provisions shall apply to copyright protection for works
created under this Agreement:
1. Except as otherwise agreed, each Party is entitled to a
nonexclusive, irrevocable, royalty-free license under a
- 2 -
copyright, secured in accordance with the national laws of
either Party, to translate, reproduce, publish, and distribute
published scientific, technical, and medical works in its own
territory, with the right to grant sublicenses in its territory
in accordance with that Party's laws and practices. Any such
copyrighted work shall indicate the names of all persons who
participated in the joint work. Either Party is entitled to a
license in third countries upon request.
2. Rights to other copyrighted works and copyrighted works
that may also be protected as business-confidential information
shall be allocated in the same manner as inventions, Article
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III, Paragraphs B-E of this Annex. A Party receiving rights
pursuant to this provision to copyrighted works which embody
business-confidential information shall protect such
information in accordance with Article IV of this Annex.
III. INVENTIONS
A. For purposes of this Annex, "invention" means any invention
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REPRODUCED AT GOVERNMENT EXPENSE
made in the course of cooperation under this Agreement which is
or may be patentable or otherwise protectable under the laws of
the United States ot America, the Union of Soviet Socialist
Republics, or any third country. An invention "made" means one
conceived or for which an application for patent or other title
of protection has been filed or which has otherwise been
reduced to practice.
- 4 -
cooperative activity that involves only the visit or exchange
of scientific and technical personnel:
a. The Receiving Party has the right to obtain all
rights and interests in the invention in all countries
in accordance with applicable national laws of such
countries;
b. In any country where the Receiving Party decides
not to obtain such rights and interests, the Assigning
Party has the right to do so.
D. For other forms of cooperation, such as joint research
projects with an agreed scope of work, each Party has the right
REPRODUCED AT GOVERNMENT EXI XIENSE
to obtain all rights and interests in any invention made as a
result of such cooperation in its own country, whereas the
Party in whose country the invention was made has first option
to secure legal protection of that invention in third
countries, as well as the right to license or transfer such
rights and interests in third countries.
REPRODUCED AT GOVERNMENT EXPENSE
E. Notwithstanding the foregoing, if an invention is of a type
for which exclusive rights are available under the laws of one
Party but not cf the other Party, the Party whose laws provide
for exclusive rights shall be entitled to all rights in all
countries which provide rights to such invention. The Parties
may agree, however, to a different allocation of rights to such
invention.
- 5 -
F. The Parties shall disclose to one another inventions made
in the course of programs of cooperative activities and furnish
to one another any documentation and information necessary to
enable them to secure any right to which they may be entitled.
The Parties may ask one another in writing to delay publication
or public disclosure of such documentation or information for
the purpose of protecting their respective rights related to
inventions. Unless otherwise agreed in writing, such
restriction shall not exceed a period of six months from the
date of communication of such information. Communication shall
be through the Parties.
REPRODUCED AT GOVERNMENT EXPENSE
IV. BUSINESS-CONFIDENTIAL INFORMATION
A. The Parties do not expect to furnish or create, or have
their Executive Agents furnish or create, business-confidential
information in the course of cooperation under this Agreement.
In the event that such information is inadvertently furnished
or created or the Parties agree to furnish such information,
REPRODUCED AT GOVERNMENT EXPENSE
the Parties and their Executive Agents shall give full
protection to such information in accordance with their laws,
regulations, and administrative practices.
B. For purposes of this Annex, "business-confidential
information" means information of a confidential nature which
meets all of the following conditions:
- 6 -
1. it is of a type customarily held in confidence for
commercial reasons;
2. it is not generally known or publicly available
from other sources;
3. it has not been previously made available by the
owner to others without an obligation concerning its
confidentiality; and
4. it is not already in the possession of the
REPRODUCED AT GOVERNMENT EXI ENSE
recipient Party or Executive Agent without an
obligation concerning its confidentiality.
C. Any information to be protected as "business-confidential
information" shall be appropriately identified by the Party or
Executive Agent furnishing such information or asserting that
it is to be protected, except as otherwise provided in the
Parties' laws, regulations, and administrative practices.
REPRODUCED AT GOVERNMENT EXPENSE
Subject to the aforesaid laws, regulations, and administrative
practices, unidentified information will be assumed not to be
information to be protected, except that a Party to the
cooperative activity may notify the other Party in writing,
within a reasonable period of time after furnishing or
transferring such information, that such information is
business-confidential information under the laws, regulations,
- 7 -
and administrative practices of its country. Such information
will thereafter be protected in accordance with Paragraph A
above.
V. OTHER TYPES OF INTELLECTUAL PROPERTY
"Other types of intellectual property" means any
intellectual property protectable in accordance with the laws,
regulations, and administrative practices of either Party or
any third country other than those described in Articles II,
III, and IV above and includes, for example, mask works and
trademarks. Rights to other types of intellectual property
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REPRODUCED AT GOVERNMENT EXTENSE
shall be determined in the same manner as for inventions,
Article III, Paragraphs B-D of this Annex. If an intellectual
property is one for which protection is available under the
laws of one Party but not of the other Party, the Party whose
laws provide such protection shall be entitled to all rights in
all countries which protect such intellectual property. The
Parties may agree, however, to a different allocation of rights
to such intellectual property.
REPRODUCED AT GOVERNMENT EXPENSE
REPRODUCED AT GOVERNMENT EXPENSE
VI. MISCELLANEOUS
A. Each Party and its Executive Agent shall take all necessary
and appropriate steps to provide for the cooperation of its
authors, inventors, and discoverers which is required to carry
out the provisions of this Annex.
Withdrawal/Redaction Sheet
(George Bush Library)
Document No.
Subject/Title of Document
Date
Restriction
Class.
and Type
01. Agreement
[Russian] (14 pp.)
(b)(1)
Collection:
Record Group:
Bush Presidential Records
Office:
Science and Technology Policy, Office of (OSTP)
Series:
O'Neil, John F., Files
Subseries:
Government Organization Files
WHORM Cat.:
File Location:
Department of Transportation
Date Closed:
5/27/2010
OA/ID Number:
62096-008
FOIA/SYS Case #:
2005-0336-F
Appeal Case #:
Re-review Case #:
Appeal Disposition:
P-2/P-5 Review Case #:
Disposition Date:
AR Case #:
MR Case #:
AR Disposition:
MR Disposition:
AR Disposition Date:
MR Disposition Date:
RESTRICTION CODES
Presidential Records Act - [44 U.S.C. 2204(a)]
Freedom of Information Act - [5 U.S.C. 552(b)]
P-1 National Security Classified Information [(a)(1) of the PRA]
(b)(1) National security classified information [(b)(1) of the FOIA]
P-2 Relating to the appointment to Federal office [(a)(2) of the PRA]
(b)(2) Release would disclose internal personnel rules and practices of an
P-3 Release would violate a Federal statute [(a)(3) of the PRA]
agency [(b)(2) of the FOIA]
P-4 Release would disclose trade secrets or confidential commercial or
(b)(3) Release would violate a Federal statute [(b)(3) of the FOIA]
financial information [(a)(4) of the PRA]
(b)(4) Release would disclose trade secrets or confidential or financial
P-5 Release would disclose confidential advice between the President
information [(b)(4) of the FOIA]
and his advisors, or between such advisors [a)(5) of the PRA]
(b)(6) Release would constitute a clearly unwarranted invasion of
P-6 Release would constitute a clearly unwarranted invasion of
personal privacy [(b)(6) of the FOIA]
personal privacy [(a)(6) of the PRA]
(b)(7) Release would disclose information compiled for law enforcement
purposes [(b)(7) of the FOIA]
C. Closed in accordance with restrictions contained in donor's deed of
(b)(8) Release would disclose information concerning the regulation of
gift.
financial institutions [(b)(8) of the FOIA]
(b)(9) Release would disclose geological or geophysical information
PRM. Removed as a personal record misfile.