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Laws & Regulations Database of The Republic of China (Taiwan)

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1.Signed on November 7 and June 4, 2008; Entered into force on November 7, 2008.
 
Article I - Scope
This Coordination Arrangement between the Taipei Economic and
Cultural Representative Office in the United States (TECRO) and
the American Institute in Taiwan (AIT) provides a framework by
which TECRO, through its designated representative, the National
Space Organization (NSPO) of Taiwan, can receive technical
guidelines from and coordinate with AIT, through its designated
representative, the National Aeronautics and Space
Administration (NASA), regarding NSPO's FORMOSAT-3 satellite
system, to prevent unacceptable interference to the missions of
AIT's designated representative, NASA, inclusive of the NASA
FAST, GALEX, HESSI, ICESAT, SAMPEX, SWAS, TIMED, TRACE, and
GLORY satellite systems, from NSPO's FORMOSAT-3 satellite
system, from transmissions during normal operations of the
FORMOSAT-3 satellite system and during "special uplink
operations" performed by TECRO's designated representative,
NSPO, for the FORMOSAT-3 satellite system.

Article II - Objectives
The broad objective of this Coordination Arrangement is to
establish a framework to allow TECRO, through its designated
representative, NSPO, to receive technical guidelines from and
coordinate with AIT, through its designated representative,
NASA, regarding NSPO's FORMOSAT-3 satellite system. The
technical objectives of this Coordination Arrangement are:
A.To provide technical guidelines regarding "special uplink
operations" performed by TECRO's designated representative,
NSPO, for the FORMOSAT-3 satellite system; and
B.To provide technical guidelines that will prevent unacceptable
interference to the missions of AIT's designated
representative, NASA.

Article III - Parameters
The FORMOSAT-3 satellite system of TECRO's designated
representative, NSPO, is the third of six non-geostationary
satellites in circular orbit with an altitude of 750 kilometers
and 72 degrees inclination. The FORMOSAT-3 satellite system has
downlinks in the 2213 - 2215 megahertz (MHz) band and uplinks in
the 2039.468 - 2039.532 MHz band. Attachment 1 to this
Coordination Arrangement contains the Advance Publication
Information contained in the International Telecommunication
Union (ITU) Ap4/V Forms for the FORMOSAT-3 satellite system. Any
limitations on operations of the FORMOSAT-3 satellite system of
TECRO's designated representative, NSPO, established in this
Coordination Arrangement take precedence over those contained in
Attachment 1. The earth station transmit antenna gains and
locations of TECRO's designated representative, NSPO, are
specified in Table 3-1. There are potential interference impacts
in both the uplink and downlink directions with each of the
satellite systems of AIT's designated representative, NASA,
listed in Article I of this Coordination Arrangement.

Article IV - Normal FORMOSAT-3 Operations
TECRO, through its designated representative, NSPO, will ensure
that the conditions specified under Paragraphs IV.1 and IV.2,
below, will be met during normal operations of the FORMOSAT-3
satellite system, in order to ensure that the uplinks and
downlinks of the FORMOSAT-3 satellite system will not exceed the
ITU-Radiocommunication (ITU-R) Recommendation SA. 609-1 criteria
and, thus, no unacceptable interference will occur to the
satellite systems of AIT's designated representative, NASA:

IV.1 - Uplink
Uplink transmissions from each of the earth stations of TECRO's
designated representative, NSPO, will begin when the elevation
angle from the earth station to the FORMOSAT-3 satellite is
greater than or equal to 10 degrees, and the transmissions to
the FORMOSAT-3 satellite will last for a maximum of three
minutes for each pass of the FORMOSAT-3 satellite. Exceptions to
this mode of operation are detailed in Article V.
The maximum uplink transmitted spectral power density for the
earth stations of TECRO's designated representative, NSPO, will
not exceed the values specified in Table 4.1-1.

IV.2 - Downlink
Downlink transmissions from the FORMOSAT-3 satellite of TECRO's
designated representative, NSPO, will begin when the elevation
angle from the earth station to the FORMOSAT-3 satellite is
greater than or equal to 10 degrees; and the transmissions from
the FORMOSAT-3 satellite will last for a maximum of four minutes
for each pass of the FORMOSAT-3 satellite.
The downlink emission parameters of the FORMOSAT-3 satellite
network of TECRO's designated representative, NSPO, will be in
accordance with the values specified in the Advance Publication
Information contained in Attachment 1. In accordance with
Attachment 1, the maximum transmitted spectral power density of
the FORMOSAT-3 satellite network will be -63.6 dBW/Hz; and the
maximum transmit antenna gain will be 3.4 dBi.

Article V - FORMOSAT-3 "Special Uplink Operations"
There will be certain situations when the uplinks to the
FORMOSAT-3 satellite of TECRO's designated representative, NSPO,
will need to operate for longer than the three minutes for each
pass of the FORMOSAT-3 satellite, as specified in Article IV.1.
These occurrences will be rare, approximately once or twice per
year, and will be for the purpose of uploading Global
Positioning System (GPS) data to the FORMOSAT-3 satellite and
will be performed using only the North Pole and Kiruna earth
stations. It is anticipated that these uplinks will last for a
period of about one day during these operations. TECRO, through
its designated representative, NSPO, will inform AIT, through
its designated representative, NASA, of the details of these
uplinks at least two weeks in advance of the scheduled time for
the uplinks. AIT, through its designated representative, NASA,
will contact TECRO, through its designated representative, NSPO,
within at least five working days if there are any potential
interference concerns with these uplinks. In the case that there
are interference concerns, both TECRO, through its designated
representative, NSPO, and AIT, through its designated
representative, NASA, will, before such uplink operations take
place, further coordinate these operations in order to avoid, if
possible, any harmful interference to the satellite systems of
AIT's designated representative, NASA.

Article VI - Choice of Law
The federal law applicable in the territory of the authorities
represented by AIT governs this Coordination Arrangement for all
purposes, including, but not limited to, determining the
validity of the Coordination Arrangement, the meaning of its
provisions, and the rights, obligations and remedies of the
Parties.

Article VII - Financial Arrangements
The Parties and their designated representatives will each bear
the costs of discharging their respective responsibilities.
Further, it is understood that the ability of the Parties and
their designated representatives to carry out their obligations
is subject to the availability of appropriated funds.

Article VIII - Intellectual Property Rights and Transfer of
Goods and Technical Data
A.AIT, through its designated representative, NASA, and TECRO,
through its designated representative, NSPO, support the
widest practicable and appropriate dissemination of
information resulting from activities undertaken pursuant to
this Coordination Arrangement.
B.Nothing in this Coordination Arrangement shall be construed as
granting or implying any rights to, or interest in, patents or
inventions of the Parties, their designated representatives,
or the contractors or subcontractors of the Parties of their
designated representatives.
C.AIT is obligated to transfer, through its designated
representative, NASA, only those technical data and goods
necessary to fulfill its responsibilities and those of its
designated representative, NASA, in implementation of this
Coordination Arrangement in accordance with laws and
regulations applicable in the territory of the authorities
represented by NASA.
1.In the event AIT finds it necessary to transfer, through its
designated representative, NASA, technical data in carrying
out its responsibilities and those of its designated
representative, NASA, in implementation of this Coordination
Arrangement that are proprietary or subject to export
control and for which protection is to be maintained, such
technical data will be marked with a notice indicating that
they shall be used and disclosed by TECRO, or its designated
representative, NSPO, only for the purposes of fulfilling
their responsibilities under this Coordination Arrangement,
and that the technical data shall not be disclosed or
retransferred to any other entity without prior written
permission of the furnishing party. AIT agrees to abide by
the terms of any similar such notice from TECRO, or its
designated representative, NSPO, and to protect any such
marked technical data from unauthorized use and disclosure
and shall ensure that its designated representative, NASA,
shall abide by the terms of any similar such notice from
TECRO, or its designated representative, NSPO, and to
protect any such marked technical data from unauthorized use
and disclosure. Should AIT have need to transfer, through
its designated representative, NASA, a furnishing party's
marked data or identified goods to institutions acting on
AIT's behalf, or on behalf of its designated representative,
NASA, or to contractors and/or subcontractors of AIT, or its
designated representative, NASA, AIT, through its designated
representative shall first obtain the written approval of
the furnishing party, as applicable, and shall obtain the
written agreement of the institution, contractor or
subcontractor to abide by the terms of the furnishing
party's or designated representative's marking or notice.
Nothing in this Coordination Arrangement requires AIT, or
its designated representative, NASA, to transfer technical
data or goods contrary to national laws and regulations
relating to export control or control of classified data
applicable in the territory of the authorities represented
by AIT.
2.The Parties and their designated representatives are under
no obligation to protect any unmarked technical data or
unidentified goods. However, all technical data and goods
transferred under this Coordination Arrangement shall be
used exclusively for the purpose of fulfilling the Parties'
responsibilities under this Coordination Arrangement.

Article IX - TERM OF COORDINATION ARRANGEMENT
This Coordination Arrangement becomes effective upon the date of
the last signature below and will remain in force until the
FORMOSAT-3 satellite system is deactivated or until June 30,
2015, whichever is sooner; or until it is terminated by one
Party providing written notice of its intention to terminate the
Coordination Arrangement to the other Party, and
contemporaneously, to such other Party's designated
representative at least 90 days before the desired termination
date. This Coordination Arrangement may be renewed or amended by
mutual consent of the Parties.

Article X - CONSULTATION/SETTLEMENT OF DISPUTES
Under the above conditions, coordination between TECRO and its
designated representative, NSPO, and AIT and its designated
representative, NASA, for the FORMOSAT-3 satellite system and
NASA's satellite systems operating in S-band, is complete. In
the case that any harmful interference occurs during the normal
operations of the FORMOSAT-3 satellite system of TECRO's
designated representative, NSPO, to the satellite systems of
AIT's designated representative, NASA, AIT through its
designated representative, NASA, will inform TECRO through its
designated representative, NSPO, about this interference and
TECRO and AIT through their respective designated
representatives will work together in good faith to resolve any
interference problems.



FOR THE TAIPEI ECONOMIC FOR THE AMERICAN INSTITUTE
AND CULTURAL REPRESENTATIVE IN TAIWAN
OFFICE IN THE UNITED STATES

________________________ _________________________
Barbara J. Schrage
Deputy Representative Managing Director

________________________ _________________________
Date Date
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