Space Law TOP
Contents Intoroduction Preliminaries Chapter 1 Chapter 2
Chapter 3 Chapter 4 Appendix Index

Article X: Exchange of technical data and Goods

Each Party is obligated to transfer to the other Party only those technical data and goods which both Parties agree are necessary to fulfill the responsibilities of the transferring Party under this Implementing Agreement, subject to the following:

1.

Interface, integration, training and safety data (excluding detailed design, manufacturing, and processing data, and associated software) will be exchanged by the Parties without restrictions as to use or disclosure, except as otherwise restricted by national laws or regulations relating to export controls.

2.

In the event a Party finds it necessary to transfer technical data other than that specified in paragraph 1 above, in carrying out its responsibilities under this Implementing Agreement that are proprietary, and for which protection is to be maintained, such technical data will be marked with a notice indicating that it shall be used and disclosed by the receiving Party and its contractors and subcontractors only for the purposes of fulfilling the receiving Party's responsibilities under this Implementing Agreement, and that the technical data shall not be disclosed or retransferred to any other entity without prior written permission of the furnishing Party. The receiving Party agrees to abide by the terms of the notice, and to protect any such marked technical data from unauthorized use and disclosure.

3.

In the event a Party finds it necessary to transfer technical data and goods in carrying out its responsibilities under this Implementing Agreement that are export-controlled, and for which protection is desired, the furnishing Party will mark such technical data with a notice and identify such goods. The notice or identification will indicate that such technical data and good will be used and such technical data will be disclosed by the receiving Party and its contractors and subcontractors only for the purposes of fulfilling the receiving Party's responsibilities under this Implementing Agreement. The notice or identification will also provide that such technical data will not be disclosed, and such technical data and goods will not be retransferred, to any other entity without prior written permission of the furnishing Party. The Parties will abide by the terms of the notice or identification and will protect any such marked technical data and identified goods.

4.

The Parties are under no obligation to protect any unmarked technical data or unidentified goods.



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