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  1. Civil International Space Station Agreement Implementation Act - S.C. 1999, c. 35 (SCHEDULE : Agreement Among the Government of Canada, Governments of Member States of the European Space Agency, the Government of Japan, the Government of the Russian Federation, and the Government of the United States of America Concerning Cooperation on the Civil International Space Station)

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    Recalling that NASA, ESA, the Government of Japan and MOSST have been implementing cooperative activities to realize the partnership in the Space Station program in accordance with the 1988 Agreement and the related Memoranda of Understanding, and recognizing that upon its establishment on 1 March 1989, the Canadian Space Agency (CSA) assumed responsibility for the execution of the Canadian Space Station Program from MOSST,

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    Recalling the invitation extended on 6 December 1993 by the Government of Canada, the European Governments, the Government of Japan, and the Government of the United States to the Government of the Russian Federation to become a Partner in the detailed design, development, operation and utilization of the Space Station within the framework established by the Space Station Agreements, and the positive response of the Government of the Russian Federation on 17 December 1993 to that invitation,

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    • 1 The Partners agree that the Canadian Space Agency (hereinafter “CSA”) for the Government of Canada, the European Space Agency (hereinafter “ESA”) for the European Governments, the Russian Space Agency (hereinafter “RSA”) for Russia, and the National Aeronautics and Space Administration (hereinafter “NASA”) for the United States shall be the Cooperating Agencies responsible for implementing Space Station cooperation. The Government of Japan’s Cooperating Agency designation for implementing Space Station cooperation shall be made in the Memorandum of Understanding between NASA and the Government of Japan referred to in paragraph 2 below.

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    • 1 In accordance with Article II of the Registration Convention, each Partner shall register as space objects the flight elements listed in the Annex which it provides, the European Partner having delegated this responsibility to ESA, acting in its name and on its behalf.

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    • 1 Management of the Space Station will be established on a multilateral basis and the Partners, acting through their Cooperating Agencies, will participate and discharge responsibilities in management bodies established in accordance with the MOUs and implementing arrangements as provided below. These management bodies shall plan and coordinate activities affecting the design and development of the Space Station and its safe, efficient, and effective operation and utilization, as provided in this Agreement and the MOUs. In these management bodies, decision-making by consensus shall be the goal. Mechanisms for decision-making within these management bodies where it is not possible for the Cooperating Agencies to reach consensus are specified in the MOUs. Decision-making responsibilities which the Partners and their Cooperating Agencies have with respect to the elements they provide are specified in this Agreement and the MOUs.

    • 2 The United States, acting through NASA, and in accordance with the MOUs and implementing arrangements, shall be responsible for management of its own program, including its utilization activities. The United States, acting through NASA, and in accordance with the MOUs and implementing arrangements, shall also be responsible for: overall program management and coordination of the Space Station, except as otherwise provided in this Article and in the MOUs; overall system engineering and integration; establishment of overall safety requirements and plans; and overall planning for and coordination of the execution of the overall integrated operation of the Space Station.

    • 3 Canada, the European Partner, Japan and Russia, acting through their Cooperating Agencies, and in accordance with the MOUs and implementing arrangements, shall each be responsible for: management of their own programs, including their utilization activities; system engineering and integration of the elements they provide; development and implementation of detailed safety requirements and plans for the elements they provide; and, consistent with paragraph 2 above, supporting the United States in the performance of its overall responsibilities, including participating in planning for and coordination of the execution of the integrated operation of the Space Station.

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    The Partners, acting through their Cooperating Agencies, shall have responsibilities in the operation of the elements they respectively provide, in accordance with Article 7 and other relevant provisions of this Agreement, and in accordance with the MOUs and implementing arrangements. The Partners, acting through their Cooperating Agencies, shall develop and implement procedures for operating the Space Station in a manner that is safe, efficient, and effective for Space Station users and operators, in accordance with the MOUs and implementing arrangements. Further, each Partner, acting through its Cooperating Agency, shall be responsible for sustaining the functional performance of the elements it provides.

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    • 1 Each Partner shall bear the costs of fulfilling its respective responsibilities under this Agreement, including sharing on an equitable basis the agreed common system operations costs or activities attributed to the operation of the Space Station as a whole, as provided in the MOUs and implementing arrangements.

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    • 3 In the event that funding problems arise that may affect a Partner’s ability to fulfill its responsibilities in Space Station cooperation, that Partner, acting through its Cooperating Agency, shall notify and consult with the other Cooperating Agencies. If necessary, the Partners may also consult.

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    • 1 Except as otherwise provided in this paragraph, each Partner, acting through its Cooperating Agency shall transfer all technical data and goods considered to be necessary (by both parties to any transfer) to fulfill the responsibilities of that Partner’s Cooperating Agency under the relevant MOUs and implementing arrangements. Each Partner undertakes to handle expeditiously any request for technical data or goods presented by the Cooperating Agency of another Partner for the purposes of Space Station cooperation. This Article shall not require a Partner State to transfer any technical data and goods in contravention of its national laws or regulations.

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    • 3 The Partners agree that transfers of technical data and goods under this Agreement shall be subject to the restrictions set forth in this paragraph. The transfer of technical data for the purposes of discharging the Partners’ responsibilities with regard to interface, integration and safety shall normally be made without the restrictions set forth in this paragraph. If detailed design, manufacturing, and processing data and associated software is necessary for interface, integration or safety purposes, the transfer shall be made in accordance with paragraph 1 above, but the data and associated software may be appropriately marked as set out below. Technical data and goods not covered by the restrictions set forth in this paragraph shall be transferred without restriction, except as otherwise restricted by national laws or regulations.

      • (a) The furnishing Cooperating Agency shall mark with a notice, or otherwise specifically identify, the technical data or goods that are to be protected for export control purposes. Such a notice or identification shall indicate any specific conditions regarding how such technical data or goods may be used by the receiving Cooperating Agency and its contractors and subcontractors, including

        • (1) that such technical data or goods shall be used only for the purposes of fulfilling the receiving Cooperating Agency’s responsibilities under this Agreement and the relevant MOUs, and

      • (b) The furnishing Cooperating Agency shall mark with a notice the technical data that are to be protected for proprietary rights purposes. Such notice shall indicate any specific conditions regarding how such technical data may be used by the receiving Cooperating Agency and its contractors and subcontractors, including

        • (1) that such technical data shall be used, duplicated, or disclosed only for the purposes of fulfilling the receiving Cooperating Agency’s responsibilities under this Agreement and the relevant MOUs, and

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