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Records pertain to the Office of Science and Technology Policy.
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285790815
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International Science and Technology Center
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285790815
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International Science and Technology Center
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Records pertain to the Office of Science and Technology Policy.
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CF01756-019
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Records of the National Security Council (George H. W. Bush Administration)
Nicholas R. Burns and Ed Hewett Subject Files
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Originally Processed With FOIA(s):
FOIA Number:
2000-1126-F
2000-1126-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: National Security Council
Series:
Burns, R. Nicholas, Files and Hewett, Ed, Files
Subseries:
Subject Files
OA/ID Number:
CF01756
Folder ID Number:
CF01756-019
Folder Title:
International Science and Technology Center
Stack:
Row:
Section:
Shelf:
Position:
V
4
2
2
3
File :
395-3380
Int'al Science
and Technology
To:
Center
Copies Gorden Hewett
DAN
Ponem
Kah
Comments, pls.
FROM
Thanks- -
Jim O'Brien L-PM L.
Da
State Dept
LegAL Adviser's office
This is a rough draft of a Statute
for the Int'l Science ! Tech. Center
in Moscow. We hope to have preliminary
discussions about it next week in Moscow
(but not negotiations or detailed drafting
sessions). Please get me Any comments
by COB WEDNESDAY (if possible). My phone
number is 647 7838. FAX is 647 1037.
Thanks.
MAR 24 '92 12:17
6471037 PAGE. 001
INTERNATIONAL SCIENCE AND TECHNOLOGY CENTER
STATUTE
ARTICLE I
[NAME, LOCATION]
A. The International Science and Technology Center
(hereinafter "the Center") has been created by the Governments
of the United States of America, Japan, and the Russian
Federation, and the European Atomic Energy Community and the
European Economic Community (the European Community) in the
Agreement Establishing An International Science and Technology
Center (hereinafter "the Agreement"), which entered into force
on
1992.
B. The headquarters of the Center will be in the Russian
Federation.
ARTICLE II
[PURPOSE, POWERS]
A. The Center shall develop, approve, finance, and monitor
science and technology projects for the objectives set forth in
Article II of the Agreement.
B. The Center shall use its resources solely for the
accomplishment of those objectives.
C. The Center shall have the powers enumerated in Article III
of the Agreement.
ARTICLE III
[PARTIES, NEW PARTIES]
A. The Governments of the United States of America, Japan, and
the Russian Federation, and the European Community shall be the
initial parties to this Agreement.
B. Only after an application to accede or accept this
Agreement is approved in accordance with Article [ ] may a
Government become party to the Agreement. Only governments may
apply to become party to the Agreement.
MAR 24 '92 12:17
6471037 PAGE.002
- 2 -
C. States desiring to accede to the Agreement shall notify the
Executive Director and shall provide information requested by
the Executive Director on behalf of the Parties. The Executive
Director shall circulate requests for approval to
representatives on the Governing Board (Article [ J) without
delay. No later than thirty (30) days after receipt of such
notification, each representative shall communicate its
approval or rejection of the request to the Executive Director,
who shall communicate the Board's decision to the applying
Government. (Votes of individual representatives shall not be
communicated.) Failure to communicate a decision to the
Executive Director shall be construed as rejection of a
request.
ARTICLE IV
[STRUCTURE]
The Center shall have a Governing Board ("the Board") and a
staff, which shall include an Executive Director, Deputy
Directors, a Senior Review Committee, and other staff as
determined in accordance with Article [ ] of this Statute.
ARTICLE V
[BOARD PURPOSE, MEMBERSHIP, PROCEDURES]
A. The Governing Board shall be the principal policymaking
body of the Center. It shall be responsible for the duties set
forth in Article IV of the Agreement.
B. The Board shall initially have four members. The
Governments of the United States of America, Japan, and the
Russian Federation, and the European Community shall each
appoint one representative within forty-five days after the
Agreement's entry into force.
C. A party acceding to the Agreement may join the Board upon
the decision of the Board and upon the terms and conditions the
Board sets.
D. The Parties intend to expand the Board's membership. In
particular, it is anticipated that one acceding party that is a
state of the former Soviet Union shall have a representative on
the Board. The term of that Party's representative shall be
one year, and it is intended that a representative from another
such acceding state shall be appointed subsequently to an
identical term.
give ulcraine
a reat dever 1.
MAR 24 '92 12:18
6471037 PAGE. 003
- 3 -
E. (i) In the event that a State that is a member of the
European Economic Community or European Atomic Energy
Community requests Board approval to become Party to the
Agreement, that state and the relevant Community or
Communities shall declare before a decision is taken on its
request the extent of each's competence with respect to
matters governed by the Agreement.
(ii) The Community or Communities and member states shall
not be entitled to exercise rights under the Agreement
concurrently.
(iii) Member States of the European Economic Community or
European Atomic Energy Community shall not be admitted to
membership on the Governing Board in a voting capacity.
F. All decisions of the Board shall be by consensus of all its
members, except as provided otherwise in the Agreement or in
its rules of procedure.
G. The Board shall have a chair, who shall each serve for one
year in that capacity. The representative of the European
Community shall serve as the first chair.
H. The Board shall meet, upon thirty (30) days notice from the
Chair, at least twice annually.
I. Representatives to the Board may cast their votes in person
or, when appropriate, in writing, including facsimile
transmission, or by telephone to the Executive Director.
ARTICLE VI
[STAFF]
A. The staff of the Center shall consist of the Executive
Director, the Deputy Directors, an Executive Secretary to the
Board, and other staff.
B. The Executive Director shall supervise the daily
administration /of the Center and shall be responsible for
implementing the policy guidance of the Board. The Executive
Director shall be appointed for a two-year term and may be
dismissed at the will of the Parties. The Executive Director
shall be in residence at the headquarters of the Center. The
first Executive Director shall be nominated by the Government
of the United States and subject to approval by the Board.
C. There shall be three Deputy Directors, who shall each serve
a two-year term. The Governments of Japan and the Russian
Federation, and the European Community, shall each nominate one
Deputy Director, who shall be subject to approval by the
Board. The Executive Director shall determine the division of
responsibilities among the Deputy Directors.
MAR 24 '92 12:19
6471037 PAGE. 004
- 4 -
D. The Executive Director shall appoint an Executive
Secretary, who shall serve as liason between the Director and
the Board.
E. Other staff shall be appointed by the Executive Director,
subject to the approval of the Board, and may be dismissed by
the Executive Director.
F. Under the guidance of the Executive Director, the staff
shall be responsible for, inter alia:
(i) Disseminating information about Center procedures and
objectives;
(ii) Receiving project proposals and for information
required in accordance with Article VII of these Statutes;
(iii) Soliciting project proposals and statements of
interest, including areas of expertise, from institutions
in parties that are states of the former Soviet Union;
(iv) Coordinating the review of projects for scientific and
technical merit;
(v) Communicating with those submitting projects to the
Center;
(vi) Proposing an activity plan and a budget for each year;
and
(vii) Preparing an Annual Report of the Center's
activities, with the first Report to be submitted to the
Parties one year after the first meeting of the Governing
Board.
ARTICLE VII
[PROJECT APPROVAL]
A. A project must be approved by the Governing Board to be a
"Center project." The Board shall decide whether a project is
to be approved and whether it shall be funded by the Center.
B. Submission /of projects to the Governing Board:
(i) Any person, institution, or government may submit a
proposal.
(ii) Proposals for projects shall be submitted to the
Governing Board through the Executive Director, who shall
transmit them to the Governing Board.
(iii) Parties represented on the Governing Board may
present projects directly to the Governing Board. To the
extent practicable, such Parties shall provide the
information required in paragraph C.
MAR 24 '92 12:19
6471037 PAGE 005
- 5 -
C. Information required in submissions:
(i) Project title;
(ii) Project participants, including principal
collaborators, their institutional affiliations, and
contact persons;
(iii) Description of the project, including a 500-word
summary, the project's purpose, the work to be done, the
location of the work, and sufficient information to permit
a review of the project's scientific merit and its
consistency with the Center's objectives, as described in
Article II of the Agreement;
(iv) Financial information, including a cost estimate, a
recommended budgetary schedule, any financial support
anticipated from non-Center sources (including relevant
documentation). and whether a project will require
assistance from the Center in obtaining financing;
(v) Any intellectual property or research results likely to
arise from the project, along with arrangements concluded
for allocating and protecting any such results or
intellectual property;
(vi) Provisions for monitoring projects, if any;
(vii) The written concurrence of the participating
individuals and institutions and of involved states,
including both any sponsoring states and any states of the
former Soviet Union in which the project is to be carried
out;
(viii) Merit: whether the project has undergone independent
peer review and, if so, the results of that peer review;
(ix) Access and monitoring assurances from participating
states and institutions as required by the Agreement.
(x) Any other information specified in the Center's call
for proposals or requested by the Executive Director
concerning a particular proposal.
This information shall be provided in a format to be described
by the Executive Director. The Executive Director, in his
discretion, may seek to obtain the above information on behalf
of those proposing a project or may require that those
proposing a project obtain the information themselves.
D. The Executive Director shall transmit projects to the
Governing Board after the information required in paragraph C
has been provided. The Executive Director shall also attach:
(i) A determination by the Executive Director that the
project is in accordance with the objectives of the Center,
as described in Article II of the Agreement;
(ii) The results of a scientific review conducted in
accordance with Article VIII of these Statutes, if
available; and
(iii) When deemed appropriate by the Executive Director,
his or her recommendation for approval or disapproval of a
project.
MAR 24 '92 12:20
6471037 PAGE. 006
- 6 -
E. Approval of projects by the Governing Board:
(i) When transmitting a project, the Executive Director
shall specify a date by which a Governing Board member's
decision on the project shall be communicated to the
Executive Director. That date shall be not fewer than [ ]
weeks but not more than [ ] weeks from the date on which
the project was transmitted, except when the Board agrees
otherwise.
(ii) A Board member's failure to communicate shall be
deemed to be disapproval.
(iv) The Executive Director shall communicate the Board's
decision (but not votes of individual representatives) to
the applicant upon receiving all votes or within one week
of the date established in accordance with paragraph C(i),
whichever is sooner.
(v) Upon receiving the approval of the Governing Board in
accordance with Article V of the Agreement, a project may
be described as a Center project, as that term is used in
the Agreement.
F. In deciding whether to approve a project, the Governing
Board will consider the following criteria:
(i) Importance of participating institution in the state of
the former Soviet Union to threat of proliferation;
(ii) Number of target scientists, engineers, and facilities
participating;
(iii) Contribution to the elimination of capabilities in
nuclear, biological, or chemical, or other weapons
development;
(iv) Lead time required for impact;
(v) Duration of impact;
(vi) Availability of non-Center financing for participating
personnel and institutions outside the former Soviet Union;
(vii) Consistency with Parties' international legal
obligations;
(viii) Likelihood of assisting CIS in transition to market
economy;
(ix) Potential for economic returns or economic
self-sufficiency, e.g., for producing a commericially
viable product or resulting in a commercially viable
service;
(x) Ease of ensuring accountability of funds and resources
and transparency of activities.
MAR 24 '92 12:20
6471037 PAGE.007
1 7 -
G. Funding of Center projects:
(i) The Governing Board shall consider sources of financing
for Center projects, unless the information submitted with
the project states that financing has been obtained or will
be sought from non-Center sources.
(ii) Center projects may be financed by the Center, by
nongovernmental organizations, intergovernmental
organizations, or by governments.
(iii) A project may be financed by the Center only upon a
decision of the Governing Board. Each Governing Board
member shall, when communicating a decision to approve a
project, state whether the project will merit further
consideration for financing with Center funds. When the
Board agrees that a project merits further consideration,
the Executive Director shall prepare a paper for the Board
explaining the availability of funds and containing a
recommendation on the Center's financing a project. The
Board shall make a final decision with two weeks of
receiving that paper. The failure to reach a decision
shall be deemed a negative decision.
(iv) The Governing Board may instruct the Executive
Director to assist in obtaining financing from sources
other than the Center.
ARTICLE VIII
[SCIENTIFIC REVIEW]
A. A Senior Review Committee (SRC) shall be constituted, with
membership of two individuals named by each signatory Board
member. Each Board member admitted in accordance with Article
[ ] shall be entitled to appoint one further member.
B. The SRC shall meet within forty-five days of the initial
meeting of the Board to provide advice on the method for
obtaining technical review of individual projects.
C. Unless decided otherwise by the SRC, the review of
individual project proposals for technical and scientific merit
shall be obtained by fax review from at least three individual
experts from different states. / Each independent review
conducted by a state Party to this Agreement shall be
considered to be one of the three reviews. Experts for
additional reviews, if necessary, shall be selected from lists
provided by SRC members to the Center staff.
MAR 24 '92 12:21
6471037 PAGE. 008
- 8 -
ARTICLE IX
[INTELLECTUAL PROPERTY RIGHTS]
A. Intellectual property arising from, or exchanged under,
Center projects, shall be adequately protected.
B. The allocation of rights to intellectual property arising
from Center projects shall be determined by the parties to a
project in accordance with a project agreement, to be concluded
before the project begins.
C. The Parties to the Agreement shall make their best efforts
to ensure that, through project agreements, individuals who
create intellectual property are entitled to receive a share of
royalties resulting from the dissemination of such intellectual
property.
D. The Parties shall make their best efforts to provide
assistance to states of the former Soviet Union in developing
means to transfer intellectual property arising from projects
under the Agreement from the governmental sector to the private
sector.
ARTICLE X
[MONITORING/AUDITING]
A. The Governing Board shall cooperate with Parties that are
financing a project in determining how to audit and monitor
projects, in accordance with Article VIII of the Agreement.
The Governing Board will seek to reduce the Center's
expenditures on auditing and monitoring to the minimum,
consistent with ensuring accountability and transparency.
B. The Governing Board may appoint [five] auditors, from a
list supplied by the Executive Director, to conduct audits of
projects.
C. An auditor/selected from that list shall conduct an annual
audit of the Conter's financial status and activities and shall
report to the Governing Board.
ARTICLE XI
[AMENDMENT OF STATUTES]
These Statutes may be amended by written agreement of all
the Parties on the Board.
ARTICLE XII
[ADMINISTRATIVE DETAILS]
MAR 24 '92 12:22
6471037 PAGE.009 I
- 9 -
ARTICLE XIII
[PARTICIPATION OF IOs and NGOs]
A. Inter-governmental organizations and non-governmental
organizations may be invited to participate in Board
deliberations in a non-voting capacity.
B. Inter-governmental organizations
C. Non-governmental organizations
ARTICLE XIV
[INTERIM ARRANGEMENTS]
The Parties shall take necessary steps to ensure that the
first approvals of projects by the Governing Board shall be
communicated to persons proposing projects the Executive
Director not later than [June 1]. In particular, scientific
reviews by the state of the former Soviet Union and by at least
one Governing Board member shall be regarded as sufficient.
What else do we need?
MAR 24 '92 12:22
6471037 PAGE.010