Article I: Purpose
This Technical Implementing Arrangement Number 1 to the
Agreement Between the Taipei Economic and Cultural
Representative Office in the United States and the American
Institute in Taiwan for Cooperation in and the Promotion of
Transportation Safety (hereinafter referred to as Implementing
Arrangement) is entered into by the Taipei Economic and Cultural
Representative Office in the United States (TECRO) and American
Institute in Taiwan (AIT), hereinafter referred to as the
Parties, to implement program activities under the Agreement
Between the Taipei Economic and Cultural Representative Office
in the United States and the American Institute in Taiwan for
Cooperation in and the Promotion of Transportation Safety
(hereinafter referred to as the TECRO/AIT Agreement). TECRO,
through its Designated Representative, the Aviation Safety
Council in Taipei (ASC), in cooperation with AIT, through its
Designated Representative, the National Transportation Safety
Board in Washington, D.C., (NTSB) shall carry out program tasks,
determine priorities for future cooperation activities, and
develop further Implementing Arrangements which shall set forth
work programs for any future activities, Activities 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 between the Parties.

Article II: Authorization
The activities described in this Implementing Arrangement shall
be carried out under the general terms and conditions of the
TECRO/AIT Agreement. This Implementing Arrangement is hereby
attached to the TECRO/AIT Agreement and is incorporated into
that Agreement.

Article III: Scope of Work
General program tasks areas to be carried out under this
Implementing Arrangement are summarized in Attachment 1
(TECRO/AIT Technical Cooperation Program Descriptions). More
detailed project work descriptions will be added by the Parties
by amendment to Attachment 1 as more specific details of
particular projects become available and are agreed upon by the
Parties and their Designated Representatives.

Attachment 2 will contain the TCERO/AIT Technical Cooperation
Program Estimated Budgets to be determined on a project basis
when NTSB determines the estimated costs for particular
services/training that are mutually agreed upon by the Parties
and their Designated Representatives and ordered by ASC. The
specific costs associated with each project will be added by
amendment by the Parties to Attachment 2.

Article IV: Responsibilities of TECRO
The responsibilities of TECRO under this Implementing
Arrangement are:
A. To provide all necessary financial assistance in accordance
with the TECRO/AIT Agreement and Article VI of the
Implementing Arrangement, as well as providing administrative
and other assistance to support AIT in undertaking the tasks
described in the Attachments;
B. To provide guidance for and to facilitate consultations
between and among representatives of NTSB, AIT, and any other
agencies or entities involved in any transportation safety
related projects conducted among the Parties and their
Designated Representatives under this Implementing
Arrangement; and
C. To ensure that all necessary logistical arrangements for
tasks that are to be conducted in the territory of the
authorities represented by TECRO are made, including the
provision of training and conference facilities, and to
ensure that these activities are completed prior to the
commencement of each such task.

Article V: Responsibilities of AIT
The responsibilities of AIT, through its Designated
Representative, NTSB, under this Implementing Arrangement are:
A. To undertake the tasks and manage the funds set forth in the
attachments;
B. To make available personnel, materials, and other assistance
as may be necessary to carry out such tasks;
C. To facilitate and provide support for consultations between
and among representatives of TECRO, ASC, NTSB, and any other
agencies or entities involved in any projects concerning
transportation safety that are conducted among the Parties
and their Designated Representatives; and
D. To report on an annual basis or, in the event of termination,
at the end of the term of this Implementing Arrangement to
TECRO on AIT ’ s use of funds received form TECRO.

Article VI: Financial Arrangements
A. In accordance with the TECRO/AIT Agreement and this
Implementing Arrangement, and during each fiscal year for
which this Implementing Arrangement is in force, TECRO shall
advance to AIT the amount of funds (in U.S. dollars)
specified in the attachments, annexes, and amendments to this
Implementing Arrangement for services/training ordered by
TECRO ’ s Designated Representative, ASC, and approved by
AIT ’ s Designated Representative, NTSB, which are to be
performed by NTSB. The funds must be prepaid at least 60 days
prior to the commencement of NTSB ’ s performance unless
NTSB agrees in writing to a lesser period of time. These
funds shall be used by AIT ’ s Designated Representative to
defray costs that it incurs in carrying out the tasks
described in the Attachments that are undertaken during each
fiscal year.
B. Upon receipt of funds from TECRO during each fiscal year,
AIT, through its Designated Representative, NTSB, shall
commence such tasks subject to NTSB ’ s determination that
extending support to TECRO ’ s Designated Representative
ASC, does not compromise or jeopardize 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.
C. Reimbursement for services/training performed by AIT ’ s
Designated Representative, NTSB, includes such expenses as
course fees, staff compensation, overhead, transportation,
per diem/lodging and other identified miscellaneous costs.
The NTSB shall be reimbursed based on the NTSB ’ s best
current estimate of the estimated costs prior to the expenses
being incurred and must be paid by TECRO through AIT by
prepaid funds, except to the extent the Parties ’ Designated
Representatives agree that in-kind expenditures for travel
and lodging costs are appropriately reimbursable through
in-kind deliverables/reimbursements accepted by BTSB under
its gift acceptance authority. In the event of termination by
TECRO ’ s Designated Representative, ASC, AIT will require
that TECRO ensure that its Designated Representative, ASC,
pay all costs incurred by the NTSB for services/training
performed and other costs actually incurred prior to and as
of the date of termination. Upon notice of termination, the
NTSB will use its best efforts to prevent the accrual of
costs after notice of termination. In the case of termination
by the NTSB because of NTSB ’ s priority mission
requirements, AIT will require that TECRO or its Designated
Representative, ASC, pay only the costs of services/training
actually performed by the NTSB prior to the date of NTSB ’ s
termination.
D. For prepaid cash reimbursements, if the actual costs to
provide services/training by AIT ’ s Designated
Representative, NTSB, exceed the initial prepayment estimate,
TECRO will ensure that its Designated Representative, ASC, is
billed for the difference. If actual costs are less than
indicated on the prepayment invoice, the NTSB will refund the
difference to TECRO, through AIT, unless TECRO requests in
writing, through AIT, prior to the refund that it will apply
the difference to a subsequent request or order for NTSB
services/training.

Article VII: Intellectual Property Considerations
A. It is the intent of the Parties and their Designated
Representatives that no third party intellectual property or
confidential business information will be shared in
conjunction with activities to be undertaken pursuant to this
Implementing Arrangement. However, to the extent that
intellectual property is needed for a task described in this
Implementing Arrangement, the Parties or their Designated
Representatives will execute applicable license agreements to
use intellectual property. Except to the extent that the
Parties and their Designated Representatives obtain the right
to use intellectual property through license agreements, the
Parties and their Designated Representatives shall not
otherwise use intellectual property or obtain any right to
intellectual property by implication, estoppel, or in any
other manner except as expressly granted in license, and no
express or implied right under any patent, copyright, mask
work rights, trademark, or other intellectual property rights
shall otherwise arise.
B. In performance of the tasks hereunder, if AIT ’ s Designated
Representative, the NTSB, uses NTSB data (as described in
this Article) that it considers to be confidential, NTSB
shall appropriately mark the data, and the data shall not be
disclosed to any third party by TECRO or its Designated
Representative unless prior written permission is received
from AIT ’ s Designated Representative, the NTSB, through
AIT. Confidential NTSB data or information includes, but is
not limited to, NTSB testing protocols; descriptions of NTSB
existing, pending or proposed work; NTSB opinions, analysis
and conclusions; statements and compilations of data
preformed for the NTSB; correspondence that includes
preliminary discussions or deliberations; and/or any other
information/records supplied to or by the NTSB in the course
of an accident investigation or incident.
C. The Parties ’ Designated Representatives shall release
technical data to the public only by mutual agreement in
accordance with the NTSB statute (49 U.S.C. § 1101, et.
seq.), and other applicable law.
D. The Parties agree and shall ensure that their Designated
Representatives agree that they shall take appropriate
measures to protect proprietary, privileged, or otherwise
confidential information that may come into their possession
as a result of this Implementing Arrangement. TECRO, as the
receiving Party, and its Designated Representative, ASC., and
its contractors, consultants, and anyone acting on its behalf
under this Implementing Arrangement shall keep confidential
any and all written, electronic, photographic or other data,
records, and/or written or verbal information, and all
translations thereof, that are provided by AIT ’ s
Designated Representative, the NTSB, or any other party to an
accident investigation or incident unless AIT ’ s Designated
Representative, the NTSB, has given express permission to
release the confidential data or information.
E. For non-NTSB work-product and data, AIT, as a Receiving Party
and its Designated Representative, the NTSB, will not
disclose non-public information, documents, or materials/data
obtained from any providing party without obtaining written
consent from the party providing the information, except to
the extent disclosure is required by law.
F. All Parties and their Designated Representatives are
responsible for obtaining, and complying with (i) all
import/export laws and regulations, and approvals or permits
necessary to either import/export or use any intellectual
property in the territories of the respective authorities
represented by the Parties, and (ii) all import/export laws
and regulations, and approvals or permits necessary to return
any intellectual property to the holder or licensee of the
intellectual property upon the termination in whole or in
part of this Implementing Arrangement or the completion of
the task for which the property is used.

Article VIII: Effective Date, Amendment and Termination
This Implementing Arrangement shall enter into force on the date
of the last signature hereinafter, may be amended by written
agreement of the Parties at any time, and will remain in force
for two years unless extended by mutual agreement or terminated
by either Party upon sixty days prior written notice to the
other Party and its designated representative. Termination shall
not affect the validity or duration of activities not fully
completed at the time of termination.

IN WITNESS WHEREOF, The undersigned, being duly authorized, have
signed this Implementing Arrangement

DONE at Washington, D.C., in duplicated, 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