WHEREAS, the Taipei Economic and Cultural Representative Office
in the United States (TECRO) and the American Institute in
Taiwan (AIT) signed an Agreement for Technical Cooperation
associated with Development, Launch and Operation of a
Constellation Observing System for Meteorology, Ionosphere and
Climate Follow-on Mission (FORMOSAT-7/COSMIC-2), dated 27 May
2010 (the Agreement), which provides a framework through which
AIT, through its designated representative, the National Oceanic
and Atmospheric Administration (NOAA), can provide technical
expertise, training, and scientific exchange activities to
TECRO, through its designated representative, the National Space
Organization (NSPO) of Taiwan, in areas of mutual interest in
the development, launch and operation of a follow-on satellite
mission to the Constellation Observing System for Meteorology,
Ionosphere and Climate (COSMIC), hereinafter referred to as
FORMOSAT-7/COSMIC-2. The broad objective of the Agreement is to
establish a framework to allow AIT, through its designated
representative NOAA, to carry out technical and scientific
cooperation with TECRO, through its designated representative
NSPO.

This Implementing Arrangement No.1 (IA#1) describes the
cooperative activities to be undertaken by TECRO ’ s designated
representative, NSPO, and AIT ’ s designated representative,
NOAA, to carry out technical and scientific cooperation in seven
areas related to the development, launch and operation of a
satellite constellation for atmospheric sensing, for the purpose
of demonstrating the capabilities of Global Navigation Satellite
System (GNSS) Radio Occultation (RO) technology and science
payloads in a real-time operational environment for weather
prediction, space weather observation, and climate and global
change research and to provide global atmospheric data sets for
scientific research and education.

Article 1 – Authorization
The activities described in this IA#1 will be carried out under
the general terms and conditions established by the Agreement
under which NSPO is TECRO ’ s designated representative and
NOAA is AIT ’ s designated representative.

Article 2 – Technical Scope of Cooperative Activities and
Schedule
2.1 Specific cooperative activities are to be determined by
TECRO, through its designated representative NSPO, and AIT,
through its designated representative NOAA, in seven
mission-related areas as follows: Mission, Spacecraft Bus,
Payloads, Launch System, Ground System, Mission Operation
and Data System.
2.2 Objectives of the mission will include demonstrating the
capabilities of GNSS RO technology in a real-time
operational environment for weather prediction, space
weather observation, and climate and global change research
and demonstrating the advantages and effectiveness of a
satellite constellation in terms of risk management, cost
and compatibility with existing observational platforms.
2.3 The duration of the mission shall be compliant with Article
VIII of the Agreement, and shall be subject to the
availability of appropriated funds and the respective
funding procedures of TECRO ’ s designated representative,
NSPO, and AIT ’ s designated representative, NOAA.

Article 3 – Financial Arrangements
3.1 TECRO ’ s designated representative, NSPO, and AIT ’ s,
designated representative, NOAA, will each be responsible
for funding their respective activities under this IA#1. In
general, there will be no exchange of funds between TECRO ’
s designated representative, NSPO, and AIT ’ s designated
representative, NOAA. The financial obligations of NSPO and
NOAA, as designated representatives of their respective
Parties, are subject to their respective funding procedures
and to the availability of appropriated funds. The Parties
understand that if either Party, through its designated
representatives, is not able to secure the necessary
resources to carry out its obligations, such circumstance
would be a basis for termination of this IA#1 in accordance
with Article 17 of this IA#1 and Article IX of the
Agreement. Should TECRO, through its designated
representative, NSPO, and AIT, through its designated
representative, NOAA, determine that there is a need to
transfer funds to facilitate the implementation of one Party
’ s responsibilities by the other, a written amendment to
the IA #1 will be negotiated and executed by the Parties.
Such transfers would be subject to the terms of the
Agreement and to such specific funding arrangements and
procedures as may be agreed to in writing by the Parties.
3.2 Unless otherwise agreed between the Parties, the following
shall apply: All costs of transporting an instrument or
ground equipment, including taxes, insurance, and other
fees, to their final destination shall be borne by the Party
’ s designated representative that owns the instrument or
equipment. Once an instrument has been integrated onto a
spacecraft, all costs of transporting the spacecraft with
the instrument(s) so integrated, including taxes, insurance,
and other fees, to its final destination shall be borne by
the Party ’ s designated representative that owns the
spacecraft. In the event an instrument that was integrated
onto a spacecraft is thereafter removed from the spacecraft,
the full cost of transporting the instrument to a subsequent
location, including taxes, insurance, and other fees, shall
be borne by the Party ’ s designated representative that
owns the instrument. All costs related to the return of
ground equipment to a Party ’ s designated representative
that owns the equipment shall be borne by such designated
representative.

Article 4 - Management Responsibilities
TECRO, through its representative, NSPO, and AIT, through its
representative, NOAA, will jointly manage the
FORMOSAT-7/COSMIC-2 Program under the guidance of an Executive
Steering Committee (ESC), and through a NSPO-NOAA Joint Program
Management Office (JPMO).

Article 5 – Responsibilities of TECRO
5.1 Mission - TECRO, through its designated representative,
NSPO, will jointly define the FORMOSAT-7/COSMIC-2 Mission
with AIT, through its designated representative, NOAA.
5.2 Spacecraft Bus - TECRO, through its designated
representative, NSPO, will provide six spacecraft buses with
an option for six more and integration of payloads onto the
spacecrafts. TECRO, through its designated representative
NSPO, will assure that launch system and ground system
information provided by AIT, through its designated
representative, NOAA, is taken into account in selection of
spacecraft buses to be provided by TECRO, through its
designated representative, NSPO.
5.3 Payloads - TECRO, through its designated representative,
NSPO, will provide a Taiwan science payload suite for each
of the six high-inclination satellites.
5.4 Launch System - TECRO, through its designated
representative, NSPO, will assure that the spacecraft buses
provided by TECRO, through its designated representative,
NSPO, are compatible with the launch systems provided by
AIT, through its designated representative, NOAA, with the
support of the United States Air Force (USAF). TECRO,
through its designated representative, NSPO, will provide
for the launch dispensers and integration support to the
launch vehicle.
5.5 Ground System – TECRO, through its designated
representative, NSPO, will provide the FORMOSAT-7/COSMIC-2
Satellite Operations Control Center (SOCC) and Taiwan ground
data acquisition facilities.
5.6 Mission Operations - TECRO, through its designated
representative, NSPO, will provide constellation deployment
and normal mission operations through the SOCC. TECRO,
through its designated representative NSPO, will make best
efforts to follow established guidelines and best practices
with respect to orbital debris mitigation.
5.7 Data System – TECRO, through its designated representative,
NSPO, will provide the Taiwan Data Processing Center to
process, archive and distribute data rom the
FORMOSAT-7/COSMIC-2 mission for weather forecasting, space
weather monitoring and for meteorological, climatic,
ionospheric and geodetic research.
5.8 TECRO, through its designated representative, NSPO, will
consult with AIT, through its designated representative,
NOAA, to consider including in the program one additional
13th satellite and to consider what responsibilities may be
feasible for the Parties to undertake in connection with
such additional satellite. As may be appropriate, and as
agreed by the Parties, specific understandings will be the
subject of a subsequent amendment to this IA #1.
Article 6 - Responsibilities of AIT
6.1 Mission – AIT, through its designated representative, NOAA,
will jointly define the FORMOSAT-7/COSMIC-2 Mission with
TECRO, through its designated representative, NSPO.
6.2 Spacecraft Bus – AIT, through its designated
representative, NOAA, will assure that the spacecraft bus
information provided by TECRO, through its designated
representative, NSPO, is taken into account in selection of
launch systems and ground systems to be provided by AIT,
through its designated representative, NOAA.
6.3 Payloads - AIT, through its designated representative, NOAA,
with the support of the United States Air Force (USAF), will
provide six GNSS RO payloads, with an option to provide six
more as may be agreed by AIT, through its designated
representative NOAA, and TECRO, through its designated
representative, NSPO, and two United States science payloads
for each of the six low-inclination satellites.
6.4 Launch System – AIT, through its designated representative,
NOAA, with the support of the USAF, will provide one launch
for six satellites into low-inclination orbit with an option
for one more launch for six satellites into high-inclination
orbit as may be agreed by AIT, through its designated
representative NOAA, and TECRO, through its designated
representative, NSPO. AIT, through its designated
representative, NOAA, with the support of the USAF, will
make best efforts to follow established guidelines and best
practices with respect to orbital debris mitigation.
6.5 Ground System – AIT, through its designated representative,
NOAA, will initiate FORMOSAT-7/COSMIC-2 ground data
acquisition architecture planning.
6.6 Mission Operations - AIT, through its designated
representative, NOAA, with the support of the USAF, will
provide launch and early-orbit operations, in coordination
with TECRO, through its designated representative, NSPO.
6.7 Data System – AIT, through its designated representative,
NOAA, will provide the United States Data Processing Center
to process, archive and distribute data from the
FORMOSAT-7/COSMIC-2 Mission for weather forecasting, space
weather monitoring, and meteorological, climatic,
ionospheric and geodetic research. AIT, through its
designated representative, NOAA, will provide technical
assistance related to atmospheric sensing techniques using
space-based GNSS RO receivers to TECRO ’ s designated
representative, NSPO.
6.8 AIT, through its designated representative, NOAA, will
consult with TECRO, through its designated representative,
NSPO, to consider including in the program one additional
13th satellite and to consider what responsibilities may be
feasible for the Parties to undertake in connection with
such additional satellite. As may be appropriate, and as
agreed by the Parties, specific understandings will be the
subject of a subsequent amendment to this IA #1.

Article 7 – Data Validation and Distribution
Data from the FORMOSAT-7/COSMIC-2 mission will be made available
on a full and open basis by TECRO ’ s designated
representative, NSPO, and AIT ’ s designated representative,
NOAA.

Article 8 – Data Availability and Integrity
TECRO, through its designated representative, NSPO, and AIT,
through its designated representative, NOAA, in coordination
with the USAF, will coordinate to assure that information
security measures for protecting the availability and integrity
of mission data are in place and will comply with their
respective information security requirements and policies,
consistent with established guidelines and best practices.

Article 9 – Intellectual Property Considerations
Activities under this IA#1 will be carried out consistent with
Article VII of the Agreement, on intellectual property
considerations. Unless otherwise agreed, either Party, through
its designated representative, will retain the sole and
exclusive ownership of any technical or proprietary information
conceived, developed or produced by such Party, through its
designated representative, prior to and during the course of the
implementation of this IA#1.

Article 10 – Transfer of Goods and Technical Data
10.1 TECRO, through its designated representative, NSPO, and
AIT, through its designated representative, NOAA, will
exchange those goods and technical data (including
software) necessary to fulfill their respective
responsibilities under this IA#1, in accordance with the
following provisions.
10.2 The transfer of goods and technical data for the purpose of
discharging the responsibilities of TECRO ’ s designated
representative, NSPO, and AIT ’ s designated
representative, NOAA, shall normally be made without
restriction, subject to the need to protect pre-existing
proprietary information, patent, and copyright
restrictions, and subject to any existing applicable
Technical Assistance Agreements (TAAs) and any necessary
export licenses.
10.3 Nothing in this IA#1 is intended to require or entail the
transfer of technical data, software and goods contrary to
relevant laws relating to export control.
10.4 All transfers under this IA#1 shall be carried out in
accordance with all applicable laws, rules, and
regulations.

Article 11 – Title and Risk
Title and risk of loss and damage to supplies, defined for the
purposes of this Article to include hardware and software
provided under this IA#1, is retained by the designated
representative of the providing Party. If a supply is lost or
damaged, the designated representative of the providing Party,
in consultation with the designated representative of the other
Party, shall determine whether the designated representative of
the providing Party shall restore the supply.

Article 12 – Accommodation and Access
12.1 TECRO, through its designated representative, NSPO, and
AIT, through its designated representative, NOAA, shall
facilitate customs clearance and freedom from import
duties, taxes or similar charges for mission-related
equipment moving between the territories of the authorities
represented by TECRO and AIT.
12.2 Each Party, through its designated representative, shall
assist the personnel of the other Party ’ s designated
representative to obtain the visas, work permits, and/or
other documents or approvals necessary for the performance
of duties under this IA#1.

Article 13 - Liability and Consultation
13.1 TECRO, through its designated representative, NSPO, and
AIT, through its designated representative, NOAA, do not
guarantee the timeliness or suitability of the data for any
purpose and are not liable for damages that may result from
the defective operation of the FORMOSAT-7/COSMIC-2 system.
13.2 In the event of a third party claim arising out of
activities under this IA#1, including those arising under
the 1972 Convention on International Liability for Damage
Caused by Space Objects, the Parties shall consult promptly
on any potential liability, on any apportionment of such
liability, and on the defense of such claim. Any
apportionment of liability with regard to third party
claims arising out of the activities under this IA#1 shall
take into consideration that AIT, through its designated
representative, NOAA, is conducting the launch of
FORMOSAT-7 satellites, and in accordance with Article 14,
the authorities represented by TECRO will thereafter
possess sole jurisdiction and control of any FORMOSAT-7
satellites launched under this IA #1.
13.3 The Parties agree to consult promptly to resolve any
potential claims arising out of the activities under this
IA#1 between themselves, their designated representatives,
and/or the authorities they represent.

Article 14 – Registration of Space Objects
14.1 Bearing in mind Article VIII of the 1967 Treaty on
Principles Governing Activities of States in the
Exploration and Use of Outer Space, including the Moon and
Other Celestial Bodies, TECRO will ensure that the
FORMOSAT-7 satellites are carried on the registry
maintained by the authorities it represents, and confirms
that the authorities it represents will retain jurisdiction
and control of such satellites.

Article 15 –Parties’ and Parties’ Designated
Representatives ’ Points of Contact The Parties ’ and the
Parties ’ designated representatives points of contact are:

TECRO
The Taipei Economic and Cultural Representative Office in the
United States 4201 Wisconsin Avenue, N.W. Washington, D.D. 20016
Telephone No: 202-895-1895
Facsimile No: 202-966-8639
Attention: Dr. Ta-Tung Jacob Chang

NSPO (TECRO’s Designated Representative)
National Space Organization, National Applied Research
Laboratories (NARL). 8F, No. 9, Prosperity Road 1, Science-Based
Industrial Park,
Hsin-Chu, Taiwan, ROC
Telephone No: 886-3-578-4208 ext.8101
Facsimile No: 886-3-578- 4210
Attention: Dr. Guey-Shin Chang

AIT
The American Institute in Taiwan 1700 North Moore Street, Suite
1700
Arlington, VA 22209
Telephone No.: 703-525-8474
Facsimile No.: 703-841-1385
Attention: Ms. Barbara Schrage

NOAA (AIT’s Designated Representative)
Office of Systems Development (OSD) E/OSD 1
National Environmental Satellite, Data and Information Service
(NESDIS)
1335 East West Highway Room 6223
Silver Spring, MD 20910 U.S. A.
Telephone No: 301-713-7323 Mobile: 301-807-3524
Facsimile No.: 301-713-3599
Attention: Mr. Peter Wilczynski

Article 16 – Release of Public Information
16.1 To the extent consistent with the laws of the authorities
TECRO and AIT represent, TECRO ’ s and AIT ’ s designated
representatives, NSPO and NOAA, respectively, will
coordinate with each other on all public release of
information regarding the
16.2 In any release of information relating to the
FORMOSAT-7/COSMIC-2 Mission, such release shall include a
statement to the effect that the FORMOSAT-7/COSMIC-2
Program or effort depicted was or is jointly sponsored by
NSPO and NOAA, as designated representatives of TECRO and
AIT. For the purpose of this clause, “ information ”
includes, but is not limited to, news releases, articles,
manuscripts, brochures, advertisements, still and motion
pictures, speeches, trade association meetings, symposia,
etc.

Article 17 – Effective Date, Amendment and Termination
This IA#1 is effective on the date of the last signature
hereafter and will remain in effect through the term of the
Agreement or until the end of the life of the last satellite
launched, whichever occurs first. This IA#1 may be amended,
extended and/or terminated by the mutual written agreement of
TECRO and AIT in accordance with the terms of the Agreement.
This IA#1 is done in two versions in the English language. A
TECRO-AIT version and an AIT-TECRO version are both equally
valid.

Article 18 – Surviving Provisions
18.1 The provisions of Articles 7, 8, 9, 13, 14, and 16 of this
IA#1 shall survive the expiration of this IA#1 and the
Agreement.


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

Ta Tung Chang Barbara J. Schrage
Deputy Representative Managing Director

Date: May 29, 2013 Date: April 26, 2013