THE MARINE MAMMAL COMMISSION COMPENDIUM

BILATERAL / JAPAN
First Update; pages 713-717


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Memorandum of Understanding Between the National Science Foundation in Washington, D.C., for the United States of America and the Ocean Research Institute of the University of Tokyo in Tokyo, Japan on the Participation of Japan in the Ocean Drilling Program as a Regular Member, Washington, D.C., and Tokyo, 1993

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Done at Washington, D.C. and Tokyo 21 September 1993
Entered into force 21 September 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 Ocean Research Institute of the University of Tokyo in Tokyo, Japan, on the participation of Japan 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 will organize and provide 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. Accordingly, the National Science Foundation and the Ocean Research Institute of the University of Tokyo agree to continue cooperation in the Ocean Drilling Program during at least the period 1 October 1993 to 30 September 1998, in accordance with the following articles:

"Article 1 - MEMBERSHIP STATUS

The Ocean Research Institute of the University of Tokyo elects to be a regular member in the Ocean Drilling Program with rights, privileges, and financial commitments as defined. All cooperative activities under this agreement shall be conducted within the limits of available funds.

"Article 2 - DURATION

The Ocean Research Institute of the University of Tokyo endorses continued cooperation in ocean drilling activities, with commitment, in principle, as a regular member to support of the Ocean Drilling Program in the period 1 October 1993 to 30 September 1998. "Article 3 - SCIENTIFIC PLANNING

Scientific planning and direction of the Ocean Drilling Program shall be the responsibility of JOIDES. The Ocean Research Institute of the University of Tokyo 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

Japan is a participating country of the Ocean Drilling Program and 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 agenda of the annual meeting shall include a financial report and discussion, an audit report, a review of scientific and technical achievements for the past year, an examination of the 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 Ocean Research Institute of the University of Tokyo will have the right: a) to make proposals to JOIDES of scientific projects or technical objectives of interest to Japan. 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 have access to all engineering plans, data or other information developed under contracts supported as program costs.

Site surveys may be contributed by Japan 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 without undue delay 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 Japan will be invited to serve as co-chief scientist on an Ocean Drilling Program cruise per annum. Normally, space will be available for two scientists representing Japan on the research cruises of the ODP drillship. It is recognized that some cruises may be of special scientific interest to Japanese scientists and increased participation by scientists of Japan on these cruises may be appropriate. Japan will have the opportunity to participate in technical parties on Ocean Drilling Program cruises.

"Article 8 - INITIAL REPORTS OF THE OCEAN DRILLING PROGRAM

Scientists from Japan will have access, through the Ocean Research Institute of the University of Tokyo, to Ocean Drilling Program data and core samples. The Ocean Research Institute of the University of Tokyo will endeavor to ensure that the participating Japanese 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 Ocean Research Institute of the University of Tokyo for free distribution among scientific establishments in Japan. These volumes may be published in Japan in full or in part, without payments to or additional agreements with the United States. The Ocean Research Institute of the University of Tokyo will provide the National Science Foundation with copies of all publications from Japan that are based on program material.

"Article 9 - FINANCIAL CONTRIBUTION

The Ocean Research Institute of the University of Tokyo 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 contributions 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. The costs incurred in the 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 Japan will be borne by Japan. Costs of accommodations for Japanese 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 Japanese scientists needed assistance when going from an airport to the drillship.

"Article 11 - CONSULTATION

Meetings of the representatives of the National Science Foundation and representatives of the Ocean Research Institute of the University of Tokyo may be held at any time upon the request of either party to discuss the terms and conditions of this Memorandum of Understanding 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, DC, U.S.A. and Tokyo, Japan in the English and Japanese languages, both versions being equally authoritative.

by: Tetsuya Hirano Director Ocean Research Institute of the University of Tokyo [Signature] on: September 21, 1993 Date

by: Frederick M. Bernthal Acting Director National Science Foundation [Signature] on: 21 September 1993 Date

ANNEX A to the Memorandum of Understanding Between the National Science Foundation and the Ocean Research Institute of the University of Tokyo on the Participation of Japan in the Ocean Drilling Program as a Regular Member

Financial Contribution for the U.S. Fiscal Year 1994

The Ocean Research Institute of the University of Tokyo will support, subject to the budget process, the Ocean Drilling Program with a total contribution of United States two million nine hundred fifty thousand dollars (U.S. $2,950,000) for the period October 1, 1993 to September 30, 1994, calculated at the rate of $245,833.33 per month of drilling operations. The National Science Foundation will bill the Ocean Research Institute for this sum in accordance with the following schedule:

On or about October 1, 1993; $983,334

On or about May 1, 1994; $1,966,666

Should the Ocean Drilling Program be terminated before September 30, 1994, Japan will be reimbursed on the basis of one-twelfth of its contribution for each month of curtailment. Should Japan withdraw from the Program, under the terms of Article 12 above, no refunds of contributions will be made.

Done in Washington, DC, U.S.A. and Tokyo, Japan in the English and Japanese languages, both of which shall be equally authoritative.

by: Tetsuya Hirano Director Ocean Research Institute of the University of Tokyo [Signature] on: September 21, 1993 Date

by: Frederick M. Bernthal Acting Director National Science Foundation [Signature] on: 21 September 1993 Date