THE MARINE MAMMAL COMMISSION COMPENDIUM

BILATERAL / EUROPEAN COMMUNITY
First Update; pages 657-661


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Memorandum of Understanding Between the National Science Foundation in Washington, D.C., for the United States of America and the European Science Foundation in Strasbourg, France on the Participation of the European Science Foundation Consortium in the Ocean Drilling Program as a Regular Member, Washington, D.C., and Strasbourg, 1993

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Done at Washington, D.C. 14 June 1993 and Strasbourg 1 July 1993
Entered into force 1 July 1993, effective 1 October 1993
Primary source citation: Copy of text provided by the U.S. Department of State


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MEMORANDUM OF UNDERSTANDING BETWEEN THE NATIONAL SCIENCE FOUNDATION IN WASHINGTON, D.C., FOR THE UNITED STATES OF AMERICA AND THE EUROPEAN SCIENCE FOUNDATION IN STRASBOURG, FRANCE ON THE PARTICIPATION OF THE EUROPEAN SCIENCE FOUNDATION CONSORTIUM IN THE OCEAN DRILLING PROGRAM AS A REGULAR MEMBER

The Ocean Drilling Program (ODP) is a multinational program of scientific research in the oceans which uses drilling and logging to improve fundamental understanding of the geological history, structure and evolution of the oceanic lithosphere (sediments and crust). The Ocean Drilling Program is a successor to the Deep Sea Drilling Project, which began in 1968, and the International Phase of Ocean Drilling, which began in 1975. During the period October 1983-October 1984, the National Science Foundation, through its contractors, refitted the JOIDES Resolution for scientific ocean drilling and for scientific program operations. Early in U.S. Fiscal Year 1985, the initial nine-year phase of ocean drilling began. By 1991, eight international partners representing 20 nations had become regular supporting members of the ODP. The Ocean Drilling Program is conducted by contractors, responsible to the National Science Foundation, who carry out the functions of science planning, science operations, and vessel operations. The Joint Oceanographic Institutions for Deep Earth Sampling (JOIDES) is the international body responsible for developing scientific plans and providing general scientific direction for the Ocean Drilling Program. A Science Planning Contractor organizes and provides administrative support to JOIDES. In May 1990, JOIDES published a Long Range Plan which identifies scientific priorities and calls for continued international cooperation in ocean drilling extending through the year 2002. JOIDES has subsequently endorsed use of the JOIDES Resolution as the primary facility for ODP coring and logging through at least 1998. Facilities, including any alternate or additional drilling platforms utilized through 1998, during subsequent years are to be determined by availability, cost, and scientific requirements identified by JOIDES planning.

Accordingly, the National Science Foundation and the European Science Foundation endorse continued cooperation in ocean drilling activities during the period 1 October 1993 to 30 September 2003, in accordance with the following articles:

"Article 1 - MEMBERSHIP STATUS

The European Science Foundation Consortium, hereafter referred to as the Consortium, elects to be a regular member with rights, privileges, and financial commitments as defined. All cooperative activities under this agreement, including exchange of technical information, equipment and data, shall be conducted in accordance with international law, as well as the international obligations, national laws and regulations of each party and within the limits of available funds.

"Article 2 - DURATION

The Consortium endorses continued cooperation in ocean drilling activities, with commitment, in principle, as a regular member to support of Ocean Drilling Program coring and logging programs in the period 1 October 1993 to 30 September 1998. Subsequent support is to be determined based on available technologies, facilities and membership costs in the period 1998 to 2003.

"Article 3 - SCIENTIFIC PLANNING

Scientific planning and direction of the Ocean Drilling Program shall be the responsibility of JOIDES. The Consortium will be a member of JOIDES with the right to be represented on each committee, panel, or working group thereof. International membership and representation in JOIDES is restricted to regular members, including consortia, but excluding the individual members of consortia. The contractors will submit, to the Executive Committee of JOIDES, the annual program plan and budgets for approval prior to their adoption by the National Science Foundation.

"Article 4 - OCEAN DRILLING PROGRAM COUNCIL

Each country comprising the Consortium will be a member of the Ocean Drilling Program Council. The members of the Council will be representatives of each country contributing to the support of the Ocean Drilling Program, regardless of whether it is participating as an individual member or as a member of a consortium. Members of the Council and their alternates will be designated by the participating countries. There will be one representative of each participating country, except that additional representation from the United States may be appropriate.

The Council shall serve as a consultative body reviewing financial, managerial, and other matters involving the overall support of the Ocean Drilling Program. The Council shall provide a forum for exchange of views among the contributing countries. No formal voting procedures will be established.

The National Science Foundation representative will serve as permanent Chairman of the Council. A formal agenda will be prepared for each meeting and written records of each meeting will be kept. The National Science Foundation will provide secretariat services to the Council. The Council will normally meet once each year. The annual meeting shall include a financial report and discussion, an audit report, a review of scientific and technical achievements for the past year, draft program plans and budgets for the coming year, and other topics of mutual interest. Normally, all regular meetings of the Council will be scheduled in conjunction with the JOIDES Executive Committee meeting for review and approval of the annual program plans and budgets.

Liaison representatives of prime contractors and important scientific planning entities will be available to the Council.

"Article 5 - RIGHT TO MAKE PROPOSALS; DATA PRIVILEGES

The Consortium will have the right: a) to make proposals to JOIDES of scientific projects or technical objectives of interest to the Consortium. b) to participate in the analysis, and have access to the data, of geophysical and other site surveys performed in support of the program. c) to engineering plans, data or other information developed under contracts supported as program costs, subject to Article 1 limitations.

Site surveys may be contributed by the Consortium as its scientific interests and available resources allow. Site survey requirements will be identified by JOIDES.

"Article 6 - VISA AND CUSTOMS FACILITATION

The National Science Foundation will facilitate through collaboration with the appropriate authorities the granting of visas and other forms of official permission for entry to and exit from the United States of personnel, equipment, and supplies when required for participation or utilization in the Ocean Drilling Program.

"Article 7 - PARTICIPATION ON BOARD THE ODP DRILLSHIP The Science Operations Contractor, with the advice of JOIDES, selects the scientific team for each cruise. It is expected that approximately half of the scientists invited to serve as co-chief scientists will be representatives of the United States. It is expected that a scientist representing the Consortium will be invited to serve as co-chief scientist on an equal numerical basis with all other non-U.S. partners. The Consortium has the right to have a scientist represented in the shipboard scientific staff on each cruise of the ODP drillship. Normally, space will be available for two scientists representing the Consortium on the research cruises of the ODP drillship. It is recognized that some cruises may be of special scientific interest to Consortium scientists and increased participation by scientists of the Consortium on these cruises may be appropriate. At a minimum, total participation over the term of the Ocean Drilling Program will be proportional to the Consortium's contribution to Program costs.

"Article 8 - INITIAL REPORTS OF THE OCEAN DRILLING PROGRAM Scientists from the Consortium will have access, through the Consortium, to Ocean Drilling Program data and core samples. The Consortium will endeavor to ensure that the participating Consortium scientists and institutions shall provide the scientific data resulting from site surveys and laboratory analyses in time for preparation of the "Proceedings of the Ocean Drilling Program or their equivalent. One hundred copies of each volume of the official scientific publications will be provided to the European Science Foundation for free distribution among scientific establishments in the Consortium. These volumes may be published in the Consortium member countries in full or in part, without payments to or additional agreements with the United States. The Consortium will provide the National Science Foundation with copies of all publications from the Consortium that are based on program material.

"Article 9 - FINANCIAL CONTRIBUTION

The European Science Foundation will support the Ocean Drilling Program with financial contributions payable to the National Science Foundation in U.S. dollars in amounts and periods to be specified by Annex A to this Memorandum of Understanding.

The financial contribution of all participants will be commingled to support the total program costs. "Program costs" are determined by the National Science Foundation, and are those costs incurred in support of contractors performing functions for joint planning and operations of the Ocean Drilling Program, and program direction and management costs incurred by the National Science Foundation which relate to international participation. Activities which may be carried out by the National Science Foundation's contractors in direct support of United States scientific undertakings are not program costs and will not be funded from commingled accounts.

"Article 10 - SALARIES, TRAVEL, AND EXPENSES

Salaries and travel expenses for participants representing the Consortium will be borne by the Consortium. Costs of accommodations for Consortium scientists and members of technical parties aboard the drillship are program costs and will be funded by the Ocean Drilling Program. The National Science Foundation's contractors will render Consortium scientists needed assistance when going from an airport to the drillship.

"Article 11 - CONSULTATION

Meetings of the National Science Foundation and representatives of the Consortium may be held at any time upon the request of either party to discuss the terms and conditions of this Memorandum and other matters of mutual interest.

"Article 12 - TERMINATION NOTICE

Obligations arising from this Memorandum of Understanding may be terminated by either party giving the other party written notice at least one year in advance. Provisions for refunds of contributions, arising out of unilateral termination, are specified in Annex A. Done in Washington, D.C. and Strasbourg, France

by: [Signature] Professor Peter Fricker Secretary General European Science Foundation

by: [Signature] Frederick M. Bernthal Acting Director National Science Foundation

on: July 1, 1993

on: June 14, 1993

ANNEX to the Memorandum of Understanding Between the National Science Foundation and the European Science Foundation on the Participation of the European Science Foundation Consortium in the Ocean Drilling Program as a Regular Member

Financial Contribution for U.S. Fiscal Year 1994

The European Science Foundation will support the Ocean Drilling Program with a total contribution of United States two million nine hundred fifty thousand dollars (U.S. $2,950,000) in cash for the period October 1, 1993 to September 30, 1994, calculated at the rate of $245,833.33 per month of drilling operations. Should the Ocean Drilling Program be terminated before September 30, 1994, the European Science Foundation will be reimbursed at the rate of $245,833.33 for each month of curtailment. Payment shall be made in four equal installments on or about January 1, April 1, July 1 and October 1, 1994. Should the European Science Foundation Consortium withdraw from the program under the terms of Article 12 above, no refunds of contributions will be made.

Contributions for subsequent years will be adjusted in proportion to actual changes in program costs experienced in the Ocean Drilling Program, as determined by the National Science Foundation.

by: by:

[Signature] Professor Peter Fricker Secretary General European Science Foundation

[Signature] Frederick M. Bernthal Acting Director National Science Foundation

on: on:

July 1, 1993 Date

June 14, 1993 Date