4-2-2-16 AGREEMENT AMONG THE GOVERNMENT OF CANADA,GOVERNMENT OF THE EUROPEAN SPACE AGENCY,THE GOVERNMENT OF JAPAN,THE GOVERNMENT OF THE RUSSIAN FEDERATION,AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA CONCERNING COOPERATION ON THE CIVIL INTERNATIONAL SPACE STATION

Article 19

Exchange of Data and Goods

Expect as otherwise provided in this paragraph, each Partner, acting through its Cooperating Agency shall transfer all technical data and goods considered to be necessary (by both parties to any transfer) to fulfill the responsibilities of that Partner's Cooperating Agency under the relevant MOUs and implementing arrangement. Each Partner undertakes to handle expeditiously any request for technical data or goods presented by the Cooperating Agency of another Partner for the purposes of Space Station cooperation. This Article shall not require a partner State to transfer any technical data and goods in contravention of its national laws or regulations.

The partners shall make their best efforts to handle expeditiously requests for authorization of transfers of technical data and goods by persons or entities other than the partners or their Cooperating Agencies (for example, company- to-company exchanges which are likely to develop), and they shall encourage and facilitate such transfers in connection with the Space Station cooperation under this Agreement. Otherwise, such transfers are not covered by the terms and conditions of this Article. National laws and regulations shall apply to such transfers.

The Partners agree that transfers of technical data and goods under this Agreement shall be subject to the restrictions set forth in this paragraph. The transfer of technical data for the purposes of discharging the Partner's responsibilities with regard to interface, integration and safety shall normally be made without the restrictions set forth in this paragraph. If detailed design, manufacturing, and processing data and associated software is necessary for interface, integration or safety purposes, the transfer shall be made in accordance with paragraph 1 above, but the data and associated software may be appropriately marked as set out below. Technical data and goods not covered by the restrictions set forth in this paragraph shall be transferred without restriction, expect as otherwise restricted by national laws or regulations.

(a)	The furnishing Cooperating Agency shall mark with a notice, or otherwise specifically identify, the technical data and goods that are to be protected for export control purposes. Such a notice or identification shall indicate any specific conditions regarding how such technical data or goods may be used by the receiving Cooperating Agency and its contractors and subcontractors, including (1) that such technical data or goods shall be used only for the purposes of fulfilling the receiving Cooperating Agency's responsibilities under this Agreement and the relevant MOUs, and (2) that such technical data or goods shall not be used by persons or entities other than the receiving Cooperating Agency, its contractors or subcontractors, or for any other purposes, without the prior written permission of the furnishing Partner State, acting through its Cooperating Agency.
(b)	The furnishing Cooperating Agency shall mark with a notice the technical data that are to be protected for proprietary rights purposes. Such notice shall indicate any specific conditions regarding how such technical data may be used by the receiving Cooperating Agency and its contractors and subcontractors, including (1) that such technical data shall be used, duplicated, or disclosed only for the purposes of fulfilling the receiving Cooperating Agency's responsibilities under this Agreement and the relevant MOUs, and (2) that such technical data shall not be used by persons or entities other than the receiving Cooperating Agency, its contractors or subcontractors, or for any other purposes, without the prior written permission of the furnishing Partner State, acting through its Cooperating Agency.
(c)	In the event that any technical data or goods transferred under this Agreement are classified, the furnishing Cooperating Agency shall mark with a notice, or otherwise specifically identify, such technical data or goods. The requested Partner State may require that any such transfer shall be pursuant to a security of information agreement or arrangement which sets forth the conditions for transferring and protecting such technical data or goods. A transfer need not be conducted if the receiving Partner State does not provide for the protection of the secrecy of patent applications containing information that is classified or otherwise held in secrecy for national security purposes. No classified technical data or goods shall be transferred under this Agreement unless both parties agree to the transfer.

Each Partner State shall take all necessary steps to ensure that technical data or goods received by it under subparagraphs 3 (a), 3 (b), 3 (c) above shall be treated by the receiving Partner State, its Cooperating Agency, and other persons and entities (including contractors and subcontractors) to which the technical data or goods are subsequently transferred in accordance with the terms of the notice or identification. Each Partner State and Cooperating Agency shall take all reasonably necessary steps, including ensuring appropriate contractual conditions in their contracts and subcontracts, to prevent unauthorized use, disclosure, or retransfer of, or unauthorized access to, such technical data or goods. In the case of technical data or goods received under subparagraph 3 (c) above, the receiving partner State or Cooperating Agency shall accord such technical data or gods a level of protection at least equivalent to the level of protection accorded by the furnishing Partner State or Cooperating Agency.

It is not the intent of the Partners to grant, through this Agreement or the relevant MOUs, any rights to a recipient beyond the right to use, disclose, or retransfer received technical data or goods consistent with conditions imposed under this Article.

Withdrawal from this Agreement by a Partner State shall not affect rights or obligations regarding the protection of technical data and goods transferred under this Agreement prior to such withdrawal, unless otherwise agreed in a withdrawal agreement pursuant to Article 28.