THE MARINE MAMMAL COMMISSION COMPENDIUM

BILATERAL / GERMANY
First Update; pages 683-687


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Memorandum of Understanding Between the National Science Foundation in Washington, D.C., for the United States of America and the Deutsche Forschungsgemeinschaft on the Participation of the Federal Republic of Germany in the Ocean Drilling Program as a Regular Member, Washington, D.C., and Bonn, 1993

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Done at Washington, D.C. 31 March 1993 and Bonn 3 May 1993 Entered into force 31 March 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 DEUTSCHE FORSCHUNGSGEMEINSCHAFT ON THE PARTICIPATION OF THE FEDERAL REPUBLIC OF GERMANY 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 Deutsche Forschungsgemeinschaft 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 Deutsche Forschungsgemeinschaft 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 Deutsche Forschungsgemeinschaft 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 Federal Republic of Germany will be represented on each committee, panel, or working group thereof. The Bundesanstalt fr Geowissenschaften und Rohstoffe (BGR) will be the member of JOIDES, will be represented on the JOIDES Executive and Planning Committees, and will nominate representatives of the Federal Republic of Germany for the JOIDES advisory panels and working groups. 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

The Deutsche Forschungsgemeinschaft 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 Deutsche Forschungsgemeinschaft will have the right: a) to make proposals to JOIDES of scientific projects or technical objectives of interest to the scientific community of the Federal Republic of Germany. 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 Federal Republic of Germany 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 Federal Republic of Germany will be invited to serve as co-chief scientist on an equal numerical basis with all other non-U.S. partners. The Federal Republic of Germany 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 Federal Republic of Germany on the research cruises of the ODP drillship. It is recognized that some cruises may be of special scientific interest to Federal Republic of Germany scientists and increased participation by scientists of the Federal Republic of Germany on these cruises may be appropriate. At a minimum, total participation over the term of the Ocean Drilling Program will be proportional to the Federal Republic of Germany contribution to Program costs.

"Article 8 - INITIAL REPORTS OF THE OCEAN DRILLING PROGRAM Scientists from the Federal Republic of Germany will have access, through the Deutsche Forschungsgemeinschaft, to Ocean Drilling Program data and core samples. The Deutsche Forschungsgemeinschaft will endeavor to ensure that the participating Federal Republic of Germany 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 Deutsche Forschungsgemeinschaft for free distribution among scientific establishments in the Federal Republic of Germany. These volumes may be published in the Federal Republic of Germany in full or in part, without payments to or additional agreements with the United States. The Deutsche Forschungsgemeinschaft will provide the National Science Foundation with copies of all publications from the Federal Republic of Germany that are based on program material.

"Article 9 - FINANCIAL CONTRIBUTION

The Deutsche Forschungsgemeinschaft 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 AND TRAVEL EXPENSES

Salaries and travel expenses for participants representing the Federal Republic of Germany will be borne by the Federal Republic of Germany. Costs of accommodations for Federal Republic of Germany 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 Federal Republic of Germany scientists needed assistance when going from an airport to the drillship.

"Article 11 - CONSULTATION

Meetings of the National Science Foundation and representatives of the Federal Republic of Germany 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 Bonn, Germany

by: by:

[Signature] Wolfgang Frhwald President Deutsche Forschungsgemeinschaft

[Signature] Walter E. Massey Director National Science Foundation

on: on:

3.5.1993

3/31/93

by: [Signature] B. Mller Secretary-General Deutsche Forschungsgemeinschaft

on: 3.5.93

ANNEX A to the Memorandum of Understanding Between the National Science Foundation and the Deutsche Forschungsgemeinschaft on the Participation of the Federal Republic of Germany in the Ocean Drilling Program as a Regular Member

Financial Contribution for U.S. Fiscal Year 1994

The Deutsche Forschungsgemeinschaft 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. Should the Ocean Drilling Program be terminated before September 30, 1994, the Federal Republic of Germany will be reimbursed on the basis of one-twelfth of its contribution for each month of curtailment.

Should the Federal Republic of Germany 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 to the changes in program costs experienced in the Ocean Drilling Program, as determined by the National Science Foundation. If a change in contribution is anticipated, the National Science Foundation will provide information as to the cost basis and the indices used to estimate increases or decreases.

by: by:

[Signature] Wolfgang Frhwald President Deutsche Forschungsgemeinschaft

[Signature] Walter E. Massey Director National Science Foundation

on: on:

3.5.1993

3/31/93

by:

[Signature] B. Mller Secretary-General Deutsche Forschungsgemeinschaft

on:

3.5.93