Article 6 - Exchange of Technical Data and Goods
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6.1 |
Except as otherwise provided in this
Article, each Party will transfer all technical data and goods considered to be
necessary (by both parties to any transfer) to fulfill its respective
responsibilities under this Agreement. In addition, NASA may request a
Cooperating Agency of a Space Station Partner to transfer directly to RSA
technical data and goods necessary to fulfill NASA's responsibilities under
this Agreement. NASA may also request RSA to transfer directly to a Cooperating
Agency of a Space Station Partner technical data and goods necessary to fulfill
RSA's responsibilities under this Agreement. Each Party undertakes to handle
expeditiously any request for technical data or goods presented by the other
Party for the purposes of this cooperation. This paragraph will not require
either Party to transfer any technical data and goods in contravention of its
national laws or regulations.
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6.2 |
The transfers of technical data and goods
under this Agreement will be subject to the restrictions set forth in this
paragraph. Technical data and goods not covered by these restrictions will be
transferred without restrictions, except as otherwise restricted by national
laws and regulations.
(a)
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The furnishing Party or a Cooperating Agency
of a Space Station Partner will mark with a notice, or otherwise specifically
identify, the technical data or goods that are to be protected for export
control purposes. Such notice or identification will indicate any specific
conditions regarding how such technical data or goods may be used by the
receiving Party and its contractors and subcontractors, and by the
Cooperating Agency of a Space Station Partner and its contractors and
subcontractors. These conditions will include: (1) that such technical data
or goods will be used only for the international Space Station program to
fulfill responsibilities of the Parties or of a Cooperating Agency of a Space
Station Partner, and (2) that such technical data or goods will not be used
by persons or entities other than the receiving Party, its contractors or
subcontractors, and by the Cooperating Agency of a Space Station Partner, its
contractors or subcontractors, or for any other purpose without the prior
written permission of the furnishing Party.
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(b)
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The furnishing Party or a Cooperating Agency
of a Space Station Partner will mark with a notice the technical data that
are to be protected for proprietary rights purposes. Such notice will
indicate any specific conditions regarding how such technical data may be
used by the receiving Party and its contractors and subcontractors, and by
the Cooperating Agency of a Space Station Partner and its contractors and
subcontractors, including (1) that such technical data will be used,
duplicated, or disclosed only for the international Space Station program to
fulfill responsibilities of the Parties or of a Cooperating Agency of the
Space Station Partner, and (2) that such technical data will not be used by
persons or entities other than the receiving Party, its contractors or
subcontractors, the Cooperating Agency of a Space Station Partner, its
contractors or subcontractors, or for any other purpose without the prior
written permission of the furnishing Party.
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6.3 |
Each Party will take all necessary steps
to ensure that technical data and goods received by it under subparagraphs
6.2(a) or 6.2(b) above will be treated by the Receiving Party, and other
persons and entities (including Cooperating Agencies of the Space Station
Partners, contractors and subcontractors) to which the data and goods are
subsequently transferred in accordance with the terms and conditions of the
notice. (The Cooperating Agencies of the Space Station Partners and their
respective Governments have obligations under the IGA to protect data and goods
transferred by RSA under this Agreement.) Each Party will 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 and goods.
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6.4 |
It is not the intent of the Parties to
grant, through this Agreement, 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.
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6.5 |
For purposes of this cooperation,
interface, integration, safety and testing data (excluding detailed design,
manufacturing and processing data, and associated software) shall be exchanged
by the Parties without restrictions as to use or disclosure, except as
specifically required by national laws and regulations relating to export
controls.
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