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

Article 6 - Exchange of Technical Data and Goods

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.


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)

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.

(b)

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.


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.


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.


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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