Article I - Parties and Scope
This Agreement between the Taipei Economic and Cultural
Representative Office in the United States (TECRO) and the
American Institute in Taiwan (AIT) provides a framework through
which TECRO and AIT, (hereinafter referred to as the Parties),
through their respective Designated Representatives, the
Aviation Safety Council in Taipei (ASC), and the National
Transportation Safety Board (NTSB) can exchange transportation
accident investigation information, technical services,
expertise and training, some of which may be provided on a
reimbursable or in-kind basis, in areas of mutual interest
concerning transportation safety and accident investigations,
particularly in the area of civil aviation.

Article II – Objectives
The broad objective of this Agreement is to set forth the
principles of a cooperative working relationship among the
Parties and their Designated Representatives in the area of
transportation accidents and incident investigations. The
Parties and their Designated Representatives have a mutual
interest in training in accident investigation theory and
techniques that contribute to international aviation safety. The
Parties ’ Designated Representatives, the ASC, and the NTSB, an
Independent Agency of the United States of America.investigate
transportation accidents and determine the circumstances and
causes thereof with the aim of improving safety. The Parties,
through their Designated Representatives will, to the extent
authorized by applicable laws, regulations, and policies,
cooperate in transportation accident investigations, training in
investigation techniques and procedures, and the sharing of
information and expertise by:
(1) Promoting and advancing transportation safety;
(2) Coordinating investigation activities to enhance
cooperation, and increase efficiency, and achieve consistent
investigation standards, policies, guidelines, and
procedures relating to civil aviation safety;
(3) Identifying common concerns for sustaining an equivalent
level of safe operation of civil aircraft; and
(4) Supporting each other ’ s investigations and sharing
expertise and training opportunities;
The specific objectives of cooperation are in the following
areas of mutual interest:
(1) Accident investigation support;
(2) Provision of accident investigation expertise and facilities
;
(3) Provision of opportunities to observe each other ’ s
investigations, in order to enhance accident investigation
expertise;
(4) Provision of opportunities for training and courses for
investigators;
(5) Exchange of information on the use of specific investigative
techniques, methodologies, standards and procedures;
(6) Joint development of such techniques, methodologies,
standards and procedures;
(7) Exchange of information on investigation and operational
experiences and policy development; and
(8) Advancement of public understanding of independent accident
investigations.

Article III – Cooperative Activities
A. Other specific cooperative activities related to accident
investigations and training may be determined after
consultation between TECRO and its Designated Representative,
ASC, and AIT and its Designated Representative, NTSB.
B. Activities under this Agreement may include joint research
and development projects, collaboration on scientific
elements of accident investigation and investigation
techniques, exchanging technical information to the extent
permitted by law, exchanging scientists and technical
experts, convening seminars and meetings, training
participants, and engaging in other forms of cooperation in
the areas of transportation accident investigations and
related technologies, as may be mutually agreed.
C. There shall be an Implementing Arrangement that describes any
specific technical scope of the activities that are described
generally in this Agreement, covering management
responsibilities, specific funding arrangements, cost and
schedule estimates, specific procedures to be followed,
treatment of intellectual property (if any), liability and
other appropriate matters. The Implementing Arrangement shall
be subject to the terms of this Agreement, and if there is a
conflict between any provision(s) of the Implementing
Arrangement and this Agreement, the applicable provisions of
this Agreement shall govern.
D. All Cooperative activities undertaken pursuant to the
specific Implementing Arrangement under this Agreement shall
be subject respectively to the laws, regulations, policies,
funding, and administrative procedures applicable in the
territories of the authorities represented by TECRO and AIT.

Article IV - Coordination
Overall coordination of the activities covered by this Agreement
and its Implementing Arrangement and the provision for use of
any administrative facilities and support for this Agreement
shall be the responsibility of TECRO and AIT and their
Designated Representatives. Responsibility for managing the
specific activities undertaken and the roles and
responsibilities of other entities in these activities shall be
determined mutually by TECRO and AIT and their Designated
Representatives, and specified in the Implementing Arrangement.

Article V - Responsibilities of TECRO
Pursuant to this Agreement, TECRO, through its Designated
Representative, ASC, shall:
A. Determine staffing requirements and select personnel,
institutions and organizations as necessary to fulfill TECRO
’ s responsibilities for implementation of its activities
under this Agreement. This selection process will be carried
out on the basis of professional capability, academic
qualifications, experience and other merit factors. Any
procurement actions conducted for the benefit of AIT and its
Designated Representative, NTSB, will be conducted in
accordance with standard AIT and NTSB procedures. TECRO,
through its Designated Representative, ASC, will provide
information to AIT ’ s Designated Representative NTSB
regarding these selections as requested;
B. Make available upon request to AIT or its Designated
Representative NTSB, releasable written records of activities
covered by this Agreement;
C. Subject to availability of funds and in-kind reimbursement
and funding, support activities described by this Agreement
by cash reimbursement and/or through-in kind deliverables as
may be further described in the Implementing arrangement and
in Article VII below;
D. Use its best efforts to assure that AIT and its Designated
Representative, NTSB, are held free and clear of all customs
duties and imposition of charges by the authorities TECRO
represents. Neither AIT not its Designated Representative,
NTSB, shall be required to pay any duties or taxes in
executing the terms and conditions of this Agreement.

Article VI– Responsibilities of AIT
Subject to the determination by AIT ’ s Designated
Representative, the NTSB, that extending support to TECRO ’ s
Designated Representative, the ASC, does not interfere with the
mission of the NTSB to provide investigations of accidents under
49 U.S.C. § 1101, et seq., or impinge on any of NTSB ’ s other
legal responsibilities under the laws applicable in the
territory of the authorities represented by AIT, to include but
not limited to, NTSB ’ s responsibilities under the
International Civil Aviation Organization (ICAO) international
standards and recommended practices for the conducting of
investigation inquires as prescribed in Annex 13 to the
Convention on International Civil Aviation (Chicago,1944), AIT
agrees that its Designated Representative, NTSB, will provide
the resources in support of accident safety investigations and
training to the extent that the NTSB has available the
personnel, technical resources, and material resources to
fulfill an international request from ASC and perform the
following activities.
A. Determine staffing requirements and select personnel,
institutions, and organization as necessary to fulfill AIT ’
s responsibilities for implementation of its obligations
under this Agreement. If procurement activities are
necessary, the selection process is to be carried out on the
basis of professional capability, academic qualifications,
experience and other merit factors. NTSB will conduct any
procurement actions in conjunction with the activities under
this Agreement in accordance with standard NTSB acquisition
procedures and Federal Acquisition Regulation requirements.
AIT, through its Designated Representative, NTSB, will
provide releasable information to TECRO ’ s Designated
Representative, ASC, regarding awardees if requested;
B. Use its best efforts to assure that TECRO and its Designated
Representative, ASC, are held free and clear of all customs
duties and imposition of charges by the authorities AIT
represents. Neither TECRO nor its Designated Representative,
ASC, shall be required to pay any duties or taxes in
executing the terms and conditions of this Agreement;
C. Provide overall management of the cooperative activities
under this Agreement;
D. Make available upon request to TECRO or its Designated
Representative, ASC, releasable written records of the
activities covered by this Agreement, subject to the
statutory authority of the NTSB, the Export Control laws of
the United States, the Freedom of Information Act and Privacy
Act and any trade secret, copyright, and data rights of the
NTSB and third parties.

Article VII – Financial Arrangements
A. Reimbursement for services provided by AIT ’ s Designated
Representative, NTSB, and incurred expenses such as overhead,
transportation, per diem/lodging and miscellaneous costs of
NTSB shall be reimbursed from TECRO through AIT to the NTSB
via prepaid funds, based on the NTSB ’ s best current
estimate for course fees, material costs, overhead and
miscellaneous travel related expenses, except to the extent
ASC and NTSB agree that in-kind expenditures for travel and
lodging costs are appropriately reimbursable through in kind
deliverables/reimbursements that may be accepted by NTSB
under its gift acceptance authority. For prepaid cash
reimbursements, if the actual costs to provide the
products/services/training exceed the initial prepayment
estimate, the ASC through AIT will be billed for the
difference. If actual costs are less than indicated on the
prepayment invoice, the NTSB will refund the difference to
ASC through TECRO and AIT, or the ASC may request through
TECRO and AIT that it apply the difference to a subsequent
request or order from the NTSB.
B. AIT shall provide TECRO with any requested documentation to
support these or any other requests for reimbursement, in
accordance with the standard financial regulations and
practice of AIT and its Designated Representative, NTSB.
C. When reimbursement is required by the NTSB, TECRO shall
provide AIT funds in accordance with the Implementing
Arrangement that specifies payment processes and procedures
for activities covered by the Implementing Arrangement.

Article VIII – Intellectual Property Considerations
A. TECRO and AIT encourage the widest possible dissemination of
information provided, exchanged, or arising under this
agreement, subject to any statutory or other non-disclosure
requirements of their respective Designated Representatives,
and the need to protect confidential or proprietary
information and other data that is subject to patent,
trademark and copyright protections.
B. Details regarding intellectual property considerations and
information disseminating procedures will be specified in the
Implementing Arrangement to this Agreement.
C. Information transmitted by either Party or its Designated
Representative under this Agreement to the other Party or its
Designated Representative shall be accurate to the best
knowledge and belief of transmitting Party or Designated
Representative, but the transmitting Party or its Designated
Representative does not warrant the suitability of the
information transmitted for any particular use or application
by the receiving Party, its Designated Representative, or by
any third party. Information developed jointly by the Parties
or their Designated Representatives shall be accurate to the
best knowledge and belief of both Parties or Designated
Representatives. Neither Party nor its Designated
Representative warrants the accuracy of the jointly developed
information or its suitability for any particular use or
application by either Party, or Designated Representative, or
by any third party.

Article IX – Liability
A. This Agreement is between the Parties as designated in the
Agreement and is not intended, and should not be construed,
to create or confer on any other person or, entity any right
or benefit, substantive or procedural, enforceable at law, or
otherwise, against AIT, NTSB, the territory of the
authorities represented by AIT or any State or locality
thereof, or against TECRO, ASC, the territory of the
authorities represented by TECRO, or any other entity under
whose auspices a Party or its Designated Representative is
participating in an investigation, or any entities ’
officers, directors, employees, detailers, agents,
representatives, task force members, contractors,
sub-contractors, consultants, advisors, successors, or
assigns.
B. The Parties and their Designated Representatives assume no
liability for any claim or loss arising out of advice or
other assistance provided or work performed by it under this
Agreement or amendments, annexes or appendices to this
Agreement or arising out of any action or decision by the
other Party, its current or former officers, employees or
contractors, in relation to such advice, assistance, or work.
To the extent there are claims by third parties against any
Party to this Agreement or its Designated Representative,
each Party and its Designated Representative agree to
cooperate in the defense of such suit brought in any
jurisdiction to the extent they have knowledge of facts
relevant to such defense, and to the extent permitted under
the laws applicable in the territory of the authorities they
represent.
C. Gross negligence, fraudulent, or criminal acts resulting in
personal injury, death or property damage shall not be
considered within the scope of advice or assistance provided
or work performed under this Agreement in the context of
defending or cooperating in the defense of any suit brought
in any jurisdiction arising as a result of work performed
under this Agreement.

Article X – Period of Agreement and Modification/Termination
A. This Agreement will become effective when signed by both
Parties on the date of the last signature hereafter.
B. Either Party may terminate this Agreement by providing sixty
(60) days prior written notice to the other Party and its
Designated Representative. Termination of this Agreement also
terminates at the same time all Implementing Arrangements
issued hereunder, unless they have been previously
terminated. It is understood that an attempt will be made to
reach mutual agreement on the termination dates to allow
orderly termination of activities.
C. Any equitable adjustment of any termination shall provide for
payment to AIT for services rendered and expenses incurred by
its Designated Representative, NTSB, prior to the
termination, in addition to termination settlement costs
reasonably incurred by the NTSB relating to commitments that
cannot be canceled without liability at the time of
termination. NTSB will use its best efforts to stop the
accrual of charges and expenses upon notice of termination.
D. The equitable adjustment of any termination shall provide for
payment to TECRO for services rendered and expenses incurred
by its Designated Representative ASC prior to the termination
in addition to termination settlement costs reasonably
incurred by ASC relating to commitments that cannot be
cancelled without liability at the time of termination. ASC
will use its best efforts to stop the accrual of charges and
expenses upon notice of termination.
E. This Agreement may be modified in writing by mutual agreement
of AIT in consultation with is Designated Representative,
NTSB, and TECRO in consultation with its Designated
Representative, ASC. Any modifications take effect when
signed and dated by the Parties to this Agreement.

Article XI – Resolution of Difficulties
TECRO and AIT their respective Designated Representatives shall
consult, upon request of either Party, regarding any matter
related to the terms and conditions of this Agreement and shall
endeavor jointly in a spirit of cooperation and mutual
assistance to resolve by informal means any difficulties or
misunderstandings that may arise.

IN WITNESS WHEREOF, the undersigned, being duly authorized, have
signed this Agreement.

DONE at Washington, D.C., in duplicate, in the English language

FOR THE TAIPEI ECONOMIC AND FOR THE AMERICAN INSTITUTE
CULTURAL REPRESENTATIVE IN TAIWAN
OFFICE IN THE UNITED STATES
TaTung Chang Barbara J. Schrage
Deputy Representative Managing Director
June 22, 2010 June 15, 2010