Article 9 1. The Organisation, acting on behalf of the Participants, shall be the owner of the Spacelab elements developed under the programme, as well as of the facilities and equipment acquired for its execution. 2. The terms and conditions for making available to NASA the elements developed under this Arrangement, as defined in annex A, shall be fixed by the Memorandum of Understanding between the Organisation and NASA and, as appropriate, by the intergovernmental Arrangement between the Participants and the Government of the United States, referred to in article 10 below. Any transfer of facilities and equipment acquired shall be decided on by the Programme Board, in consultation with the Council of the Organisation.