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

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1.Signed on October 17, 2013 Signed on October 09, 2013 Entered into force on October 17, 2013
 
ARTICLE I – SCOPE
This Agreement provides a framework through which the American
Institute in Taiwan (AIT), through its designated
representative, the National Oceanic and Atmospheric
Administration (NOAA), can provide technical and scientific
assistance and emergency operational support to the Taipei
Economic and Cultural Representative Office in the United States
(TECRO), through its designated representative, the Center for
Space and Remote Sensing Research (CSRSR) of the National
Central University of Taiwan, in the area of satellite-based oil
spill detection, monitoring and analysis. In addition, this
Agreement provides a framework through which TECRO, through its
designated representative CSRSR, can provide technical and
scientific assistance and a limited amount of FORMOSAT satellite
imagery to AIT, through its designated representative NOAA.

ARTICLE II – AUTHORITIES
The 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 – BACKGROUND AND OBJECTIVE
TECRO, through its designated representative CSRSR, and AIT,
through its designated representative NOAA, have ongoing
satellite-based marine oil monitoring and analysis activities to
mitigate the damage of oil spills and help authorities enforce
pollution control measures. The crucial importance of this work
is underscored for AIT, through its designated representative
NOAA, by the disastrous Deepwater Horizon oil spill and the
tremendous utility of satellite imagery to help task resources,
inform the public, plan the response and otherwise mitigate the
damage. The importance of this work for TECRO, through its
designated representative CSRSR, is underscored by the numerous
environmentally and ecologically significant oil spills in the
greater coastal area around Taiwan.

AIT, through its designated representative NOAA, has extensive
experience using Synthetic Aperture Radar (SAR) imagery to
detect oil in the ocean. Moreover, most oil-related expertise
and development work in support of oil detection activities of
AIT, through its designated representative NOAA, rely on SAR
algorithms and techniques. Oil analysis operations conducted by
AIT, through its designated representative NOAA, are 24 x 7 x
365, and extensive measures are in place including offsite
backup capabilities to assure its operational continuity.
However, AIT, through oil analysis personnel of its designated
representative NOAA, has limited expertise with very high
resolution visible/multispectral satellite-based oil detection,
little support and development structure to enhance this type of
oil detection and no established source of new algorithms for
visible/multispectral oil detection. In addition, AIT, through
its designated representative NOAA, has limited access to very
high resolution visible/multispectral satellite imagery such as
that available from the FORMOSAT satellite series. These
limitations in the acquisition, use and technical development of
visible/multispectral imagery for oil detection adversely
impacts the readiness of AIT, through its designated
representative NOAA, for oil spills.

By contrast, TECRO, through oil analysis personnel of its
designated representative CSRSR, has considerable experience
with detecting oil in visible/multispectral satellite imagery,
and TECRO, through its designated representative CSRSR, is
actively developing algorithms and other tools to enhance this
detection. In addition, the FORMOSAT satellite imagery provides
an invaluable source of such imagery to support oil analysis
operations of TECRO through its designated representative CSRSR.
However, the experience of TECRO, through its designated
representative CSRSR, with SAR algorithms and techniques for oil
spill detection is limited. Moreover, TECRO, through the oil
analysis group of its designated representative CSRSR is a small
8x5 operation that could use additional support in the event of
a large-scale oil spill where 24 x 7 support is needed.

The objective of this Agreement is to enhance the oil operations
of both TECRO, through its designated representative CSRSR, and
AIT, through its designated representative NOAA, by establishing
a working relationship to allow each organization to benefit
from the strengths of the other.

ARTICLE IV – COOPERATIVE ACTIVITIES
AIT, through its designated representative NOAA, agrees to:
A. provide TECRO, through its designated representative CSRSR,
with training in the use of SAR imagery for satellite-based
oil detection, share algorithms and help TECRO, through its
designated representative CSRSR, install and use any such
SAR-based oil detection algorithms;
B. by phone or email, provide a "second opinion" upon request
for any SAR image showing possible oil;
C. in the event of a significant emergency, provide requested
assistance/backup to effectively extend hours of coverage
available to TECRO, through its designated representative
CSRSR; and
D. provide technical advice about the possible use of the
International Disaster Charter (formally named the Charter On
Cooperation To Achieve The Coordinated Use Of Space
Facilities In The Event Of Natural Or Technological
Disasters) assets to mitigate a major oil spill.

TECRO, through its designated representative CSRSR, agrees to:

A. provide AIT, through its designated representative NOAA, with
training in the use of visible/multispectral imagery for
satellite-based oil detection, share algorithms and help AIT,
through its designated representative NOAA, install and use
any visible/multispectral-based oil detection algorithms or
procedures or "toolbars" that TECRO, through its designated
representative CSRSR, currently uses;
B. by phone or email, provide a "second opinion" upon request
for any visible/multispectral image showing possible oil;
C. provide at no charge up to 30 FORMOSAT-2 images in response
to requests from AIT, through its designated representative
NOAA;
D. assist in obtaining any necessary authorizations for carrying
out the assistance specified in this Agreement, including
access to facilities and area under the jurisdiction of TECRO
’ s designated representative, CSRSR, by personnel of AIT ’
s designated representative, NOAA, who are in the territory
of the authorities represented by TECRO under the auspices of
AIT.

ARTICLE V- FINANCIAL ARRANGEMENTS
TECRO, through its designated representative CSRSR, and AIT,
through its designated representative NOAA, are each responsible
for funding their respective activities under this Agreement. In
general, there will be no exchange of funds between TECRO,
through its designated representative CSRSR, and AIT, through
its designated representative NOAA.The financial obligations of
CSRSR and NOAA are subject to the funding procedures of the
respective organizations and to the availability of appropriated
funds.

ARTICLE VI – DATA AVAILABILITY AND INTEGRITY
TECRO, through its designated representative CSRSR, and AIT,
through its designated representative NOAA, will coordinate to
assure that information security measures for protecting
availability and integrity of data are in place and will comply
with applicable information security requirements and policies,
consistent with established guidelines and best practices.

ARTICLE VII- INTELLECTUAL PROPERTY CONSIDERATIONS
The handling and distribution of information provided, exchanged
or arising under this Agreement may be restricted due to the
need to protect pre-existing proprietary information, patent,
and copyright restrictions. In addition, any information subject
to the U.S. International Traffic in Arms Regulations (ITAR)
that may be exchanged will be subject to any existing Technical
Assistance Agreement (TAA) between TECRO and AIT.

ARTICLE VIII – DATA PRODUCTS
Consistent with conditions under which TECRO, through its
designated representative CSRSR, has access to FORMOSAT-2
imagery, AIT, through its designated representative NOAA, will
not in general archive and/or redistribute the FORMOSAT-2 data
outside of NOAA. However, if analysis of FORMOSAT-2 imagery is
used in a product that would be operationally useful to manage a
specific oil spill event, it is understood that AIT, through its
designated representative NOAA may distribute the analysis
product to other users among the authorities represented by AIT.
The product would be marked with the logo of the National Space
Organization (NSPO), which owns and operates FORMOSAT-2, and
NSPO would be credited for the information.

ARTICLE IX – RELEASE OF PUBLIC INFORMATION
A. TECRO, through its designated representative CSRSR, and AIT,
through its designated representative NOAA, respectively,
agree to coordinate with each other on all public release of
information regarding cooperation pursuant to this Agreement.
B. Any release of information related to cooperation pursuant to
this Agreement should include a statement to the effect that
the cooperative activity was or is jointly sponsored by
TECRO, through its designated representative CSRSR, and AIT,
through its designated representative NOAA, 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 X- EFFECTIVE DATE
This Agreement will become effective for five (5) years on the
date of the last signature and may be extended by the mutual
written agreement of TECRO and AIT. TECRO and AIT will review
this Agreement at least every three (3) years to determine
whether the Agreement should be revised, renewed, or terminated.

ARTICLE XI- AMENDMENT AND TERMINATION
A. This Agreement may be amended by the mutual written agreement
of TECRO and AIT.
B. This Agreement may be terminated by TECRO or AIT at any time
by notification to the other entity in writing sixty (60)
days in advance of the desired termination date.

ARTICLE XII- RESOLUTION OF DIFFICULTIES
TECRO and AIT agree to consult, upon request of TECRO or AIT or
their designated representatives, regarding any matter related
to the terms of this Agreement, and will endeavor jointly, in a
spirit of cooperation and mutual trust, to resolve by informal
means difficulties or misunderstandings that may arise.

ARTICLE XIII- SURVIVING PROVISIONS
The provisions of Article VI will survive the expiration of this
Agreement.

ARTICLE XIV- DESIGNATED REPRESENTATIVES ’ POINTS OF CONTACT
The points of contact for the designated representatives are
listed in Appendix 1,

Done in duplicate in the English language.


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

Mr. Andrew Kao Barbara J. Schrage
Deputy Representative Managing Director

Oct.17.013 10/09/13
Date Date
Web site:Laws & Regulations Database of The Republic of China (Taiwan)