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

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1.Signed on June 28, 1990; Entered into force on June 28, 1990.
 
ARTICLE 1
SCOPE
This Agreement between the American Institute in Taiwan (AIT)and
the Coordination Council for North American Affairs (CCNAA) pro-
vides a framework through whcih the National Oceanic and Atmosp-
heric Administration (NOAA), the designated representative of A-
IT,can provide technical expertise, training,and scientific exc-
hange activities on a reimbursable basis to the Central Weather
Bureau of Taiwan (CWB) ,the designated representative of CCNAA,
in areas of mutual interest in the field of Meteorology and For-
ecast Systems Development.

ARTICLE II
AUTHORIZATION
This Agreement is entered into pursuant to the Taiwan Relations
Act of April 10, 1979, Public Law 96-8 (22 USC 3301 et seq.).

ARTICLE III
OBJECTIVES
The broad objective of this Agreement is to establish a framewo-
rk to allow NOAA, acting as the designee of AIT, to carry out r-
eimbursable technical cooperation with the CWB under an AIT--CCN
AA Agreement. The technical objectives of the cooperation are :
A To undertake cooperative activities that will strengthen the
weather forecasting capability of Taiwan.
B To provide technical assistance to plan and implement weather
forecasting systems for Taiwan.
C To provide professional development and training for Taiwan p-
articipants designated by CCNAA's designated representative,
CWB.
D To exchange materials and information, and to transfer techno-
logy from AIT's designated representative, NOAA, to CCNAA's d-
esignated representative,CWB.
E To promote joint consideration of scientific and technical ex-
change programs.

ARTICLE IV
COOPERATIVE ACTIVITIES
Cooperative activities will be determined after consultations b-
etween AIT, and its designated representative, NOAA, and CCNAA,
and its designated representative, CWB.
A Activities under this Agreement may include the conducting of
joint research projects, developing systems specifications and
acquisition plans,developing meteorological observation, proc-
essing and display systems,managing systems implementation, e-
xchanging information, exchanging scientists and technical ex-
perts, convening seminars and meetings, training participants,
and other forms of cooperation in the areas of weather foreca-
st systems and related science and technology as may be mutua-
lly agreed.
B AIT and CCNAA will conclude Implementing Arrangements concern-
ing specific cooperative activities to be conducted under this
Agreement.
C Each Implementing Arrangement shall specify the technial scope
of the activities, management responsibilities, specific fund-
ing arrangements, cost and schedule estimates, procedures to
be followed, treatment of intellectual property, liability and
other appropriate matters.
D All cooperative activities undertaken pursuant to specific Im-
plementing Arrangements under this Agreement shall be subject
to the respective and applicable laws, regulations, policies,
funding and administrative procedures of AIT, and its designa-
ted representative, NOAA, and CCNAA, and its designated repre-
sentative, CWB.

ARTICLE V
RESPONSIBILITIES OF AIT
AIT shall carry out its responsibilites pursuant to this Agreem-
ent with due diligence and efficiency.
A AIT shall, through its designated representative, NOAA, keep
accurate and systematic accounts and records with respect to
the services provided pursuant to this Agreement in such form
and detail as is customary, and shll permit CCNAA, or its des-
ignated representative, CWB, to inspect same and make copies
thereof.
B AIT shall, through its designated representative, NOAA, furni-
sh to CCNAA,or its designated representative, CWB, such infor-
mation related to the services AIT shall provide to CCNAA pur-
suant to this Agreement as may be reasonably requested.
C Upon completion of specific services provided to CCNAA by AIT,
as delineated in the lmplementing Arrangements to this Agreem-
ent, AIT shall deliver to CCNAA, or to its designated represe-
ntative, CWB, all reports,calculations,comments, suggestions,
and relevant technical data compiled or prepared by AIT, or i-
ts designated representative, NOAA, in and under this Agreeme-
nt. Such shall become the sole property of CCNAA, or its desi-
gnated representative, CWB, pursuant to this Agreement.
D To the extent that funds are made available to AIT by CCNAA,
AIT, through its designated representative, NOAA, will make a-
vailable such personnel,equipment and facilities necessary to
carry out activities pursuant to this Agreement.
E AIT, through its designated representative, NOAA, shall provi-
de suitably qualified personnel who are acceptable to CCNAA a-
nd to CCNAA's designated representative, CWB. Personnel will
be selected on merit factors such as education, experience and
expertise.
F AIT, through its designated representative, NOAA, shall provi-
de all technical and administrative support and other require-
ments as may be necessary to complement and supplement the se-
rvices of personnel of AIT's designated representative, NOAA,
who are in Taiwan under the auspices of AIT.

ARTICLE VI
RESPONSIBILITIES OF CCNAA
A Pursuant to this Agreement, CCNAA shall assist AIT in obtaini-
ng visas and other documents necessary for personnel of AIT's
designated represeritative,NOAA, who visit Taiwan under the a-
uspices of AIT in order to carry out this Agreement.
B Pursuant to this Agreement, CCNAA shall assist AIT inobtaining
the necessary permits and authorizations for carrying out the
assistance specified in the Implementing Arrangements to this
Agreement, including access to facilities and areas under the
jurisdiction of CCNAA's designated representative, CWB, be pe-
rsonnel of AIT's designated representative, NOAA,who are in T-
aiwan under the auspices of AIT.

Article VII
financial arrangements
A Activities under this Agreement are conducted on a fully reim-
bursable basis unless other arrangements are specified and mu-
tually agreed to in Implementing Arrangements to this Agreeme-
nt.
B CCNAA shall pay all costs associated with services provided to
CCNAA, or its designated representative, CWB, under this Agre-
ement.
C AIT shall provide CCNAA with documentation supporting requests
for reimbursement accordance with standard financial regulati-
ons and practice of AIT and its designated representative, NOA
A.
D CCNAA shall make necessary arrangements to reimburse AIT for
all actual costs incurred by AIT, or its designated represent-
ative, NOAA, in association with this Agreement.
E Pursuant to Article IV, each Implementing Arrangement shall s-
pecify funding and payment arrangements for activities covered
by the Implementing Arrangement and shall include an estimated
budget for at least the first year of activity.

ARTICLE VIII
INTELLECTUAL PROPERTY
CONSIDERATIONS
A AIT, and its designated representative, NOAA, and CCNAA, and
its designated representative, CWB, support the widest possib-
le dissemination of information provided, exchanged or arising
under this Agreement, subject to the need to protect preexist-
ing proprietary information, patent and copyright restrictios.
B Details concerning intellectual property considerations and i-
nformation dissemination procedures will be specified in each
Implementing Arrangement to this Agreement.
C Information transmitted by either party to this Agreement to
the other paryt shall be accurate to the best knowledge and b-
elief of the transmitting party but the transmitting party do-
es not warrant the suitability of the information transmitted
for any particular use or application by the receiving party
or by any third party. Information developed jointly by the p-
arties shall be accurate to the best knowledge and belief of
both parties. Neither party warrants the accuracy of the join-
tly developed information or its suitability for any particul-
ar use or application by either party or by any third party.

ARTICLE IX
LIABILITY
CCNAA shall assist in the defense against any suit brought agai-
nst the Government of the United States, AIT, ATI's designated
representative, NOAA,or any instrumentality or officer of the U-
nited States arising out of activities associated with this Agr-
eement. CCNAA further agrees to hold the United States, AIT, AIT
's designated representative, NOAA, or any instrumentality or o-
fficer of the United States, harmless against any cliam by CCNAA
, CCNAA's designated representative, CWB, or any entity or pers-
on in Taiwan or elsewhere for personal injury, death or property
damage arising out of work performed under this Agreement.

Except for damage to, or destruction of, property of AIT, or its
designated representative, NOAA, caused by personnel of AIT, or
its designated representative, NOAA, CCNAA agrees to reimburse
AIT, or its designated representative, NOAA, for any damage to
or destruction of property belonging to AIT, or its designated
representative, NOAA, arising out of activites associated with
this Agreement.

ARTICLE X
EFFECTIVE DATE
This Agreement will become effective on the date of the last si-
gnature hereafter.

ARTICLE XI
AMENDMENT AND TERMINATION
This Agreement, and its Implementing Arrangements, may be amend-
ed by the mutual written agreement of AIT and CCNAA.

This Agreement may be terminated by either party at any time by
notification to the other party in writing sixty days in advance
of the desired termination date. It is understood that an attem-
pt will be made to reach mutual agreement on the termination da-
tes to allow orderly termination of activities and repatriation
of personnel.

ARTICLE XII
RESOLUTION OF DIFFICULTIES
AIT and CCNAA shall consult, upon request of either party, rega-
 rding any matter related to the terms of this Agreement, and
shall endeavor jointly, in a spirit of cooperation and mutual t-
rust, to resolve any difficulties or misunderstandings that may
arise.

FOR THE AMERICAN
INSTITUTE IN TAIWAN

[Signed]
Clarke N. Ellis
Deputy Managing Director
June 5, 1990

FOR THE COORDINATION
COUNCIL FOR NORTH
AMERICAN AFFAIRS
[Signed]
Mou-shih Ding
Representative
June 25, 1990

IMPLEMENTING ARRANGEMENT #1 to the AGREEMENT between THE AMERIC-
AN INSTITUTE IN TAIWAN and the COORDINATION COUNCIL FOR NORTH
AMERICAN AFFAIRS in METEOROLOGY AND FORECAST SYSTEMS DEVELOPMENT
for A PROJECT IMPLEMENTATION PLAN for the JOINT FORECAST SYSTEM
PROJECT

ARTICLE I
SCOPE
This Implementing Arrangement describes the cooperative scienti-
fic and technical activities to be undertaken by the American I-
nstitute in Taiwan(AIT) and its designated representative, the
Forecast Systems Laboratory (FSL)of the Environmental Research
Laboratories (ERL) of the National Oceanic and Atmospheric Admi-
nistration (NOAA), to determine the feasibility of developing a
Forecast System for use by the Central Weather Bureau (CWB) of
Taiwan, the designated representative of the coordination Counc-
il for North American Affairs (CCNAA) to improve weather foreca-
sting in Taiwan

ARTICLE II
AUTHORIZATION
The activities described in this Implementing Arrangement will
be carried out under the general terms and conditions establish-
ed by the Agreement between AIT and CCNAA for Technical Coopera-
tion in Meteorology and Forecast Systems Development. This Impl-
ementing Arrangement is hereby attached to that Agreement and b-
ecomes part of the Agreement.

ARTICLE III
SERVICES
AIT's designated representative, NOAA /FSL, will consult with CC
NAA's designated representative, CWB, on the requirements for,
and feasibility of, conducting a Joint Forecast System Project
with the CWB and will prepare a report in the form of a Project
Implementation Plan that will be submitted to CCNAA, and its de-
signated representative, CWB, by AIT.
The Project Implementation Plan will contain information that m-
ay be utilized by the CWB to seek approval for the development,
procurement and installation of a Forecast System. To develop t-
he Plan ,AIT's designated representative, NOAA / FSL, in consul-
tation with CCNAA, and its designated representative, CWB, will:
A Identify key weather factors which will influence the design
of the Forecast System ;
B Define the requirements for a Forecast System and define its
scope of functions and capabilities ;
C Specify a preliminary Forecast System configuration plan ;
D Specify the role and resource requirements of NOAA / FSL in t-
he development and implementation of the Forecast System ;
E Provide an estimated project development and implementation s-
chedule ;
F Provide preliminary cost estimates for the development, procu-
rement, installation and implementation of the Forecast System
.

ARTICLE IV
FINANCIAL ARRANGEMENTS
A In accordance with the Agreement, CCNAA will reimburse AIT for
all costs incurred by AIT, and its designated representative,
NOAA/FSL, in association with this Implementing Arrangement.
B The total cost for activities described in this lmplementing
Arrangement is mutually agreed not to exceed US$75,000. It is
also agreed that fifty percent of the funds will be transferr-
ed in advance and that the remaining fifty percent of the fun-
ds will be transferred within thirty days of the acceptance of
the Project Implementation Plan by CCNAA, and its designated
representative, CWB.

ARTICLE V
INTELLECTUAL PROPERTY
CONSIDERATIONS

No intellectual property considerations are expected to arise in
conjunction with activities described in this Implementing Arra-
ngement. The Project Implementation Plan will not be distributed
to other parties until it has been approved in final form by AIT
, and its designated representative, NOAA/FSL and CCNAA, and its
designated representative, CWB.

ARTICLE VI
EFFECTIVE DATE, AMENDMENT
AND TERMINATION
This Implementing Arrangement is effective on the date of the l-
ast signature hereafter. This Implementing Arrangement may be a-
mended and / or terminated in accordance with the terms of the
Agreement. The estimated completion date for activities describ-
ed in this Implementing Arrangement is June 15, 1990.

FOR THE AMERICAN
INSTITUTE IN TAIWAN

[Signed]
Clarke N. Ellis
Deputy Managing Director
Jane 5, 1990

FOR THE COORDINATION
COUNCIL FOR NORTH
AMERICAN AFFAIRS

[Signed]
Mou--shih Ding
Representative
June 28, 1990

IMPLEMENTING ARRANGEMENT #2 TO THE AGREEMENT between THE AMERIC-
AN INSTITUTE IN TAIWAN and the COORDINATION COUNCIL FOR NORTH A-
MERICAN AFFAIRS in METEOROLOGY AND FORECAST SYSTEMS DEVELOPMENT
for SPECIFICATION OF FORECAST SYSTEM REQUIREMENTS for the JOINT
FORECAST SYSTEM PROJECT

ARTICLE I
SCOPE
This Implementing Arrangement describes the cooperative scienti-
fic and technical activities to be undertaken by the American I-
nstitute in Taiwan(AIT) and its designated representative, the
Forecast Systems Laboratory (FSL)of the Environmental Research
Laboratories (ERL) of the National Oceanic and Atmospheric Admi-
nistration (NOAA) to evaluate the requirements and prepare spec-
ifications for the Forecast System being developed by the Joint
Forecast Systems Project between the Central Weather Bureau (CWB
) of Taiwan, the designated representative of the Coordination
Council for North American Affairs(CCNAA), and NOAA/FSL, the de-
signated representative of AIT.

ARTICLE II
AUTHORIZATION
The activities described in this Implementing Arrangement will
be carried out under the general terms and conditions establish-
ed by the Agreement between AIT and CCNAA for Technical Coopera-
tion in Meteorology and Forecast Systems Development. This Impl-
ementing Arrangement is hereby attached to that Agreement and b-
ecomes part of the Agreement.

ARTICLE III
SERVICES
The Forecast System is comprised of two primary subsystems: a c-
entral Facility; and a Forecaster Workstation Subsystem compris-
ed of an indeterminate number of workstations. The Forecast Sys-
tem also has necessary communications between these subsystems.
The Forecast System interfaces with existing sources of meteoro-
logical data through the CWB Data Acquisition System. The Forec-
ast System also interfaces with distribution circuits that diss-
eminate forecast and warning services to various users. A detai-
led description of the Forecast System planned for the CWB is p-
rovided in the Project Implementation Plan for the Joint Foreca-
st system Project that was prepared as part of lmplementing Arr-
angement 1 of this Agreement.

The activities described in this lmplementing Arrangement begin
the detailed planning and initial development being undertaken
by AIT, and its designated representative, NOAA/FSL, and CCNAA,
and its designated representative, CWB.NOAA / FSL will consult
with the CWB on the requirements and specifications for the For-
ecast System being developed under the auspices of the Joint Fo-
recast System Project. Three technical areas will be evaluated
and FSL will provide technical input to the CWB for their use in
preparation of the specifications. These technica lareas are :

Data Requirements--The joint project team will evaluate the data
requirements, particularly radar data, to support the Forecast
System operations. As pary of this evaluation, both the sources
of data that must be accessed will be identified, as well as the
new sources of data that must be established in order to provide
the observation data needed to allow the forecast and warning r-
equirements to be met.

On the basis of the evaluation above, the joint project team wi-
ll assemble the material available at FSL for use by the CWB to
complete the interface specifications between the Forecast Syst-
em and the existing CWB Data Acquisition System. FSL will provi-
de technical advice to CWB concerning the specifications.

Central Facility--The joint project team will assess the requir-
ements of the Forcast System Central Facility to acquire, quali-
ty control, and manage date, as well as to generate forecaster
display products for the Workstation Subsystem.

On the basis of the assessment above, the joint project team wi-
ll assemble material available at FSL for use by the CWB in pre-
paring the hardware specifications for the Forecast System Cent-
ral Facility. The CWB will incorporate the hardware specificati-
ons into the overall Forecast System specifications effort. FSL
will provide technical advice to the CWB concerning the specifi-
cations.

Radar Processing and Communications--The joint project team will
identify the upgrades that will be needed for the on-site proce-
ssing and communication of radar data within the Data Acquisiti-
on System so that the required radar data can be provided to the
Forecast System to improve the quality of radar data to CWB for-
ecasters.

The joint project team will prepare recommendation for use by t-
he CWB is its upgrade of the radar data processing and communic-
ation functions.

These recommendations will be provided to CCNAA by AIT in the f-
orm of a report that is mutually agreed to by AIT, NOAA / FSL a-
nd CWB.

It is anticipated that evaluations and specifications of other
subsystems associated with the Forecast System will be undertak-
en as pary of subsequent Implementing Arrangements to this Agre-
ement.

ARTICLE IV
FINANCIAL PROVISIONS
A In accordance with the Agreement, CCNAA will reimburse AIT for
all costs incurred by AIT, and its designated representative,
NOAA/FSL, in association with this lmplementing Arrangement.
B The total cost for activities described in this lmplementing
Arrangement is mutually agreed not to exceed US $200,000.

ARTICLE VII
INTELLECTUAL PROPERTY CONSIDERATIONS
No intellectual property considerations are expected to arise in
conjunction with activities described in this lmplementing Arra-
ngement. None of the materials or reports prepared under this l-
mplementing Arrangement will be distributed to other parties un-
til they have been approved in final form by AIT, and its desig-
nated representative, NOAA/FSL, and CCNAA, and its designated r-
epresentative, CWB.

ARTICLE VIII
EFFECTIVE DATE, AMENDMENT AND TERMINATION
This lmplementing Arrangement is effective on the date of the
last signature hereafter. this lmplementing Arrangement may be
amended and/or terminated in accordance with the terms of the A-
greement. The estimated completion date for activities described
in this lmplementing Arrangement is October 1, 1990.

FOR THE AMERICAN INSTITUTE IN TAIWAN

[Signed]
Clarke N. Ellis
Deputy Managing Director
Jande 5, 1990

FOR THE COORDINATION
COUNCIL FOR NORTH
AMERICAN AFFAIRS

[Signed]
Mou--shih Ding
Representative
Jane 28, 1990
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