Texts signed on the occasion of the visit of President Dilma Rousseff to the United States
The Federative Republic of Brazil
The United States of America
(hereinafter individually known as “Contracting State” or collectively as “Contracting States”),
Being desirous of regulating the relationship between their two countries in the field of Social Security,
1. For the purposes of this Agreement:
- "national" means,
as regards the United States, a national of the United States as defined in Section 101, Immigration and Nationality Act, as amended; and,
as regards Brazil, a national of Brazil according to the Federal Constitution of Brazil;
- “laws" means the laws and regulations specified in Article 2 of this Agreement;
- "Competent Authority" means,
- as regards the United States, the Commissioner of Social Security, and,
- as regards Brazil, the Minister of Social Security;
- "Competent Institution" means,
- as regards the United States, the Social Security Administration, and,
- as regards Brazil, the National Social Insurance Institute;
- "period of coverage" means a period of payment of contributions or a period of earnings from employment or self-employment, as defined or recognized as a period of coverage by the laws under which such period has been completed, or any similar period insofar as it is recognized by such laws as equivalent to a period of coverage;
- "benefit" means any benefit provided for in the laws specified in Article 2 of this Agreement; and
- “personal data” means any information relating to a specific (identified or identifiable) person, as well as any information that can be used to distinguish or trace an individual’s identity. This includes, but is not limited to, the following: any individual identifier; citizenship, nationality, statelessness or refugee status; benefits, eligibility, or other claims information; contact information; medical information or lay information used in a medical determination; information about marital, familial or personal relationships; and information pertaining to work, financial or economic status.
2. Any term not defined in this Article shall have the meaning assigned to it in the applicable laws.
1. For the purposes of this Agreement, the applicable laws are:
(a)as regards the United States, the laws governing the Federal old-age, survivors, and disability insurance program:
(i) Title II of the Social Security Act and regulations pertaining thereto, except sections 226, 226A, and 228 of that title, and regulations pertaining to those sections; and
(ii) Chapters 2 and 21 of the Internal Revenue Code of 1986 and regulations pertaining to those chapters; and
(b) as regards Brazil,
(i) the laws governing the General Regime of Social Security regarding old age, survivors and disability insurance programs; and
(ii) the laws governing the military’s and the civil servants’ social security regimes regarding old age, survivors and disability insurance programs.
- Unless otherwise provided in this Agreement, the laws referred to in paragraph 1 supranational legislation on Social Security concluded between one Contracting State and a third State, or laws or regulations promulgated for their specific implementation.
- Except as provided in paragraph 5 of this Article, this Agreement shall also apply to legislation which amends, supplements, consolidates, or replaces the laws specified in paragraph 1 of this Article.
- Except as provided in paragraph 5 of this Article, this Agreement shall apply to future legislation and regulations of a Contracting State which create new categorieslaws of that Contracting State.
- Paragraphs 3 and 4 of this Article shall not be applied if the Competent Authority of the Contracting State which altered its laws notifies the Competent Authority of the other Contracting State in writing within three months of the date of the official publication of the new legislation that no such extension of the Agreement is intended.
This Agreement shall apply to:
- persons who are or have been subject to the laws of one or both Contracting States; and
- other persons with respect to the rights they derive from the persons mentioned in subparagraph (a) of this Article.
Equality of Treatment and Portability of Benefits
- A person designated in Article 3 of this Agreement who resides in the territory of one Contracting State shall receive equal treatment with nationals of the second Contracting State resident in the first Contracting State in the application of the laws of the second Contracting State regarding entitlement to or payment of benefits.
- Unless otherwise provided in this Agreement, any provision of the laws of a Contracting State which restricts entitlement to or payment of benefits solely because the person resides outside or is absent from the territory of that Contracting State shall not be applicable to persons who reside in the territory of the other Contracting State.
Provisions Concerning Applicable Laws
- Except as otherwise provided in this Article, a person employed within the territory of one of the Contracting States shall, with respect to that employment, be subject to the laws of only that Contracting State.
- Where a worker who is normally employed in the territory of one Contracting State by an employer located in that territory is sent by that employer to the territory of the other Contracting State for a temporary period, the worker shall be subject to the laws of only the first Contracting State as if the worker were employed in the territory of the first Contracting State, provided that the period of employment in the territory of the other Contracting State is not expected to exceed five years.
- Paragraph 2 of this Article shall also apply where an employer in the territory of a Contracting State sends an employee to an affiliated company (as defined under the laws of the employer’s Contracting State), in the territory of the other Contracting State. In this case, the employer and the affiliated company shall be considered one and the same, provided that the employment would have been covered under the laws of the employer’s Contracting State in the absence of this Agreement.
- An employee concluding a 5 (five) year exemption from a Contracting State’s laws under paragraphs 2 or 3 of this Article may only qualify for an additional exemption upon completing a 6 (six) month absence from such Contracting State’s territory.
- Paragraphs 2 and 3 of this Article shall apply where a person who has been sent by his or her employer from the territory of a Contracting State to the territory of a third State, and who is compulsorily covered under the laws of that Contracting State while employed in the territory of the third State, is subsequently sent by that employer from the territory of the third State to the territory of the other Contracting State.
- A self-employed person who resides within the territory of a Contracting State shall be subject to the laws of only that Contracting State.
- Regarding workers in international air and maritime transportation, the following provisions shall apply:
(a) a person who is employed as an officer or member of a crew on a vessel which flies the flag of one Contracting State and who would otherwise be covered under the laws of both Contracting States shall be subject to the laws of only the Contracting State whose flag the vessel flies. For purposes of the preceding sentence, a vessel which flies the flag of the United States is one defined as an American vessel under the laws of the United States; and
(b) traveling employees of air transportation companies who perform work in the territories of both Contracting States and who would otherwise be covered under the laws of both Contracting States shall, with respect to that work, be subject to the laws of only the Contracting State in the territory of which the company has its headquarters. However, if such employees reside in the territory of the other Contracting State, they shall be subject to the laws of only that Contracting State.
- Regarding persons in the service of the Contracting States, the following provisions shall apply:
(a) this Agreement shall not affect the provisions of the Vienna Convention on Diplomatic Relations of April 18, 1961, or of the Vienna Convention on Consular Relations of April 24, 1963; and
(b) nationals of one of the Contracting States who are employed by the Government of that Contracting State in the territory of the other Contracting State but who are not exempt from the laws of the other Contracting State by virtue of the Vienna Conventions mentioned in subparagraph (a) shall be subject to the laws of only the first Contracting State. For the purpose of this paragraph, employment by the United States Government includes employment by an instrumentality thereof.
- The Competent Authorities of the two Contracting States may agree to grant an exception to the provisions of this Article with respect to particular persons or categories of persons, provided that any affected person shall be subject to the laws of one of the Contracting States.
Provisions on Benefits
United States Benefits
The following provisions shall apply to the United States:
- Where a person has completed at least 6 (six) quarters of coverage under United States laws, but does not have sufficient periods of coverage to satisfy the requirements for entitlement to benefits under United States laws, the Competent Institution of the United States shall take into account, for the purpose of establishing entitlement to benefits under this Article, periods of coverage which are credited under Brazilian laws and which do not coincide with periods of coverage already credited under United States laws.
- In determining eligibility for benefits under paragraph 1 of this Article, the Competent Institution of the United States shall credit one quarter of coverage for every 3 (three) months of coverage certified by the Competent Institution of Brazil; however, no quarter of coverage shall be credited for any calendar quarter already credited as a quarter of coverage under United States laws. The total number of quarters of coverage to be credited for a year shall not exceed four. The Competent Institution of the United States shall not take into account periods of coverage which occurred prior to the earliest date for which periods of coverage may be credited under its laws.
- Where entitlement to a benefit under United States laws is established according to the provisions of paragraph 1 of this Article, the Competent Institution of the United States shall compute a pro rata Primary Insurance Amount in accordance with United States laws based on:
a. the person's average earnings credited exclusively under United States laws; and
b. the ratio of the duration of the person's periods of coverage completed under United States laws to the duration of a coverage lifetime as determined in accordance with United States laws.
Benefits payable under United States laws shall be based on the pro rata Primary Insurance Amount.
Entitlement to a benefit from the United States which results from paragraph 1 of this Article shall terminate with the acquisition of sufficient periods of coverage under United States laws to establish entitlement to an equal or higher benefit without the need to invoke the provision of paragraph 1 of this Article.
The following provisions shall apply to Brazil:
1. When Brazilian laws require the completion of certain periods of coverage for acquiring, maintaining or recovering entitlement to old-age, survivors or disability benefits, periods of coverage completed under United States laws shall be added, when necessary, to the periods of coverage completed under Brazilian laws, provided that they do not coincide with periods of coverage already credited under Brazilian laws. In determining entitlement to benefits in accordance with this paragraph, the Brazilian Competent Institution shall credit 3 (three) months of coverage for every quarter of coverage certified by the United States Competent Institution.
2. When it is not possible to determine the time when periods of coverage were completed under United States laws within a specific year, it shall be presumed that such periods do not coincide with periods of coverage completed under Brazilian laws. Such periods may be allocated to any time during the year, in the manner most advantageous for the person.
3. When entitlement to a benefit under Brazilian laws is established in accordance with paragraph 1 of this Article, the Competent Institution of Brazil shall determine a theoretical benefit amount as if all periods of coverage completed under the laws of both Contracting States had been completed under Brazilian laws, and shall calculate the benefit payable by Brazil as the proportion of the periods of coverage completed exclusively under Brazilian laws to the total periods of coverage completed under the laws of both Contracting States. The total periods of coverage under the laws of both Contracting States to be considered shall be limited to the minimum period necessary to establish eligibility to the benefit.
4. The theoretical amount of the benefit referred to in paragraph 3 of this Article shall not, under any circumstances, be inferior to the minimum amount guaranteed by Brazilian laws.
5. If a person is eligible to a benefit under the laws of Brazil without the application of paragraph 1 of this Article, the Competent Institution of Brazil shall determine the amount of the benefit to be paid based exclusively on the periods of coverage completed by that person under the laws of Brazil.
6. If a person is not eligible for a benefit on the basis of the periods of coverage completed under the laws of both Contracting States, totalized as provided in paragraph 1 of this Article, the eligibility of that person for a Brazilian benefit shall be determined by totalizing these periods and periods of coverage completed under the laws of a third State with which Brazil is bound by a bilateral or multilateral social security agreement in force.
Mutual Provision on Benefits
The Competent Institution of one Contracting State shall take into account periods of coverage creditable under the laws of the other Contracting State exclusively in accordance with the laws of the first Contracting State.
The Competent Authorities of both Contracting States shall:
- conclude an Administrative Arrangement and take all necessary administrative measures for the implementation of this Agreement and designate liaison agencies;
- communicate to each other information concerning the measures taken for the application of this Agreement; and
- communicate to each other, as soon as possible, information concerning all changes in their respective laws which may affect the application of this Agreement.
The Competent Authorities and the Competent Institutions of the Contracting States, within the scope of their respective authorities, shall assist each other in implementing this Agreement. This assistance shall be free of charge, subject to exceptions to be agreed upon in an administrative arrangement.
Confidentiality of Exchanged Personal Data
1. Unless otherwise required by the national statutes of a Contracting State, personal data transmitted in accordance with this Agreement to one Contracting State by the other Contracting State shall be used exclusively for purposes of administering this Agreement and the laws in Article 2 of this Agreement. The receiving Contracting State’s national statutes for the protection of privacy and confidentiality of personal data and the provisions of this Agreement shall govern such use.
2. The Competent Authorities of the Contracting States shall inform each other about all amendments to their national statutes regarding the protection of privacy and confidentiality of personal data that affect the transmission of personal data.
3. Any subject may request, and the Competent Authority or Competent Institution requesting or transmitting personal data must disclose to that subject upon such request, the content, receiving Competent Authority or Competent Institution, and duration of use of the subject’s personal data and the purpose and legal grounds for which such data was used or requested.
4. The Competent Authorities or Competent Institutions transmitting personal data shall take all reasonable steps to ensure that transmitted personal data are accurate and limited to data required to fulfill the receiving Competent Authority or Competent Institution’s request. In accordance with their respective national statutes, the receiving Competent Authority or Competent Institution shall correct or delete any inaccurate transmitted personal data and any data not required to fulfill the receiving Competent Authority or Competent Institution’s request, and immediately notify the other Competent Authority or Competent Institution of such correction. This shall not limit a subject’s right to request such correction directly from the Competent Authorities or Competent Institutions.
5. Both the transmitting and the receiving Competent Authorities or Competent Institutions shall effectively protect personal data against unauthorized or illegal access, alteration, or disclosure.
Confidentiality of Exchanged Employers’ Information
Unless otherwise required by the national statutes of a Contracting State, employers’ information transmitted between Contracting States in accordance with this Agreement shall be used exclusively for purposes of administering this Agreement and the applicable laws. The receiving Contracting State’s national statutes for the protection and confidentiality of employers’ information and the provisions of this Agreement shall govern such use.
1. Where the laws of a Contracting State provide that any document which is submitted to the Competent Authority or a Competent Institution of that Contracting State shall be exempted, wholly or partly, from fees or charges, including consular and administrative fees, the exemption shall also apply to corresponding documents which are submitted to the Competent Authority or a Competent Institution of the other Contracting State in the application of this Agreement.
2. Documents and certificates which are presented for purposes of this Agreement shall be exempted from requirements for authentication by diplomatic or consular authorities.
3. Copies of documents which are certified as true and exact copies by the Competent Institution of one Contracting State shall be accepted as true and exact copies by the Competent Institution of the other Contracting State, without further certification. The Competent Institution of each Contracting State shall be the final judge of the probative value of the evidence submitted to it from whatever source.
Correspondence and Language
1. The Competent Authorities and the Competent Institutions of the Contracting States may correspond directly with each other and with any person wherever the person may reside whenever it is necessary for the administration of this Agreement.
2. An application or document may not be rejected by a Competent Authority or Competent Institution of a Contracting State solely because it is in the language of the other Contracting State.
1. A written application for benefits filed with a Competent Institution of one Contracting State shall protect the rights of the persons on behalf of whom the application is filed under the laws of the other Contracting State if the applicant requests that it be considered an application under the laws of the other Contracting State.
2. If an applicant has filed a written application for benefits with a Competent Institution of one Contracting State and has not explicitly requested that the application be restricted to benefits under the laws of that Contracting State, the application shall also protect the rights of the claimants under the laws of the other Contracting State if the applicant provides information at the time of filing indicating that the person on whose record benefits are claimed has completed periods of coverage under the laws of the other Contracting State.
3. The provisions of Part III of this Agreement shall apply only to benefits for which an application is filed on or after the date this Agreement enters into force.
Appeals and Time Limits
1. A written appeal of a determination made by a Competent Institution of one Contracting State may be validly filed with a Competent Institution of either Contracting State. The appeal shall be decided according to the procedure and laws of the Contracting State whose decision is being appealed.
2. Any claim, notice, or written appeal which, under the laws of one Contracting State, must have been filed within a prescribed period with the Competent Institution of that Contracting State, but which is instead filed within the same period with the Competent Institution of the other Contracting State, shall be considered to have been filed on time.
Transmittal of Claims, Notices and Appeals
The Competent Institution to which a claim, notice or written appeal has been submitted under the provisions of Article 15 or 16, or both, of this Agreement shall transmit it without delay to the Competent Institution of the other Contracting State, indicating the date of receipt on the document.
1. Payments under this Agreement may be made in the currency of the Contracting State making the payments.
2. In case provisions designed to restrict the exchange or exportation of currencies are introduced by either Contracting State, both Contracting States shall immediately take measures necessary to ensure the transfer of sums owed by either Contracting State under this Agreement.
Resolution of Disputes
Any dispute regarding the interpretation or application of this Agreement shall be resolved by consultation between the Competent Authorities, through diplomatic channels.
This Agreement may be amended in the future by supplementary agreements which, after the notification of the completion of the required internal legal procedures of each Contracting State, shall be considered, from their entry into force, an integral part of this Agreement. Such agreements may be given retroactive effect if they so specify.
Transitional and Final Provisions
1. This Agreement shall not establish any claim to payment of a benefit for any period before the date of entry into force of this Agreement, or to a lump-sum death benefit if the person died before the entry into force of this Agreement.
2. Any period of coverage completed under the laws of either Contracting State and other events which occurred before the entry into force of this Agreement shall be considered in determining the right to benefits under this Agreement.
3. In applying paragraph 2, 3, or 5 of Article 5 of this Agreement in the case of persons who were sent to work in the territory of a Contracting State prior to the date of entry into force of this Agreement, the period of employment referred to in that paragraph shall be considered to begin on the date of entry into force of this Agreement.
4. Determinations concerning entitlement to benefits which were made before the entry into force of this Agreement shall not affect rights arising under it.
5. The application of this Agreement shall not result in any reduction in the amount of a benefit to which entitlement was established prior to the entry into force of this Agreement.
Duration and Termination
1. This Agreement shall remain in effect until the expiration of one calendar year following the year in which written notice of its termination is given by one of the Contracting States to the other Contracting State.
2. If this Agreement is terminated, rights regarding entitlement to or payment of benefits acquired under it shall be retained.
3. Should this Agreement be terminated, the Contracting States shall make arrangements dealing with rights in the process of being acquired.
Entry into Force
The Governments of both Contracting States shall notify each other in writing of the completion of their respective statutory and constitutional procedures required for the entry into force of this Agreement. This Agreement shall enter into force on the first day of the month following 90 (ninety) days after the date of the last notification.
IN WITNESS WHEREOF, the undersigned, being duly authorized thereto, have signed the present Agreement.
DONE at Washington on the 30th day of June, 2015, in duplicate in the Portuguese and English languages, each text being equally authentic.
MEMORANDUM OF UNDERSTANDING BETWEEN THE GOVERNMENT OF THE FEDERATIVE REPUBLIC OF BRAZIL AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA REGARDING THE ESTABLISHMENT OF A GLOBAL HUMAN RIGHTS WORKING GROUP
The Government of the Federative Republic of Brazil
The Government of the United States of America (hereinafter referred to as “the Participants”),
Recalling the Universal Declaration of Human Rights and the Vienna Declaration and Program of Action,
Reaffirming that the Brazil-U.S. Global Partnership Dialogue, by offering a forum for the promotion of cooperation and dialogue on a wide range of bilateral, regional, and multilateral topics, plays an important role in fostering cooperation between the Participants;
Underscoring both Participants’ commitment to the construction of a just and democratic international order, characterized by the promotion of human rights throughout the world, within the framework of international law;
Emphasizing the fundamental importance attached by the Participants to the respect for, protection and promotion of human rights, and bearing in mind that the promotion and protection of all human rights constitute a legitimate concern of the international community;
Recognizing that all human rights are universal, indivisible, interdependent, and interrelated ; and
Considering the common desire to promote a stronger cooperation between the Participants on issues of mutual interest related to the promotion and protection of human rights at the global level,
Understand as follows:
1. The Participants hereby establish a Brazil-U.S. Global Human Rights Working Group within the scope of the Brazil-U.S. Global Partnership Dialogue.
2. The Working Group should have the goal of exchanging views on human rights issues pertaining to multilateral fora, particularly the United Nations and the Organization of American States, and of advancing cooperation for the promotion and protection of human rights in full compliance with international law.
3. The Participants should give special attention to issues such as combating discrimination in all its forms, including on grounds of gender, race, age, national origin, disabilities, sexual orientation and gender identity, promoting fundamental freedoms, and protecting civil society.
4. The Working Group should convene at least once per year, with the Participants’ representatives meeting either in person in each capital on an alternating basis or virtually via videoconference; these meetings may coincide with the formal convening of the Global Partnership Dialogue, but they may also take place separately from it, by mutual understanding of the Participants.
5. The Participants should also endeavor to convene additional meetings of the Working Group in Geneva or New York, with the Participants being represented by their respective Permanent Missions.
This Memorandum of Understanding takes effect on the date it is signed.
The Government of the Federative Republic of Brazil (“Brazil”)
The Government of the United States of America (“The United States”)
hereinafter referred to collectively as the "Participants";
DETERMINED to advance their partnership and friendly relations for the mutual benefit of their people;
RECOGNIZING the importance of entrepreneurs, particularly women entrepreneurs, and micro and small-sized enterprises (MSEs) as creators of employment and drivers of economic prosperity;
WELCOMING new opportunities for MSEs to grow, prosper, and create jobs through increased trade under the United States-Brazil Agreement on Trade and Economic Cooperation signed in Brasilia, Brazil on March 18, 2011;
REAFFIRMING the mandate of the Heads of State and Government of the Western Hemisphere assembled in Cartagena, Colombia for the Sixth Summit of the Americas to promote economic growth with equity and social inclusion by strengthening cooperatives and Micro, Small and Medium-sized enterprizes (MSMEs) through innovation, and competitiveness in the countries of the Americas; as well as to promote and support, as appropriate, initiatives that expand the contribution of information and communication technologies to innovation, entrepreneurship, productivity, competitiveness, the emergence of MSMEs, and economic growth, within the framework of sustainable development;
RECOGNIZING mutual understandings under the 2010 Brazil.-U.S Memorandum of Understanding on the Advancement of Women to enhance opportunities for women, including women workers, entrepreneurs, and business-owners, to fully participate in the domestic and global economy and contribute to economic development and inclusion;
REITERATING mutual understandings under the Joint Action Plan Between the Government of the Federative Republic of Brazil and the Government of the United States of America to Eliminate Racial and Ethnic Discrimination and Promote Equality to promote economic opportunities for historically marginalized communities such as African-Americans and Afro-Brazilians and indigenous Brazilians and Native Americans;
RESOLVEDto furthering economic integration by connecting the Participants’ small business support infrastructure and their respective small business development centers and support services, business incubators, accelerators, export assistance centers, minority business development centers, women’s business centers, and other centers as appropriate, together with other countries of the Western Hemisphere to expand the Small Business Network of the Americas, an international network for sharing best practices, exchanging market research, and increasing small business participation in international trade, as well as business growth in local markets;
Have reached the following understandings:
Section I - General Principles and Activities
1. The Participants intend to strengthen their partnership and collaboration on activities to promote the creation and growth of MSEs through support for: (i) the Small Business Network of the Americas (SBNA), (ii) the Joint Action Plan Between the Government of the Federative Republic of Brazil and the Government of the United States of America to Eliminate Racial and Ethnic Discrimination and Promote Equality, and iii) other relevant cooperation.
2. The Participants intend to strengthen their partnership and collaboration on activities to promote new productive endeavors, and the growth and consolidation of MSEs by:
- Sharing and promoting best practices, models, and methodologies by encouraging cooperation and understanding on regulatory assessment and policy applied to small business.
- Advancing the goals of SBNA by facilitating the creation of direct partnerships among U.S. and Brazilian centers and other service providers as well as those throughout the Western Hemisphere.
- Leveraging center-to-center partnerships under SBNA to encourage collaborative activities between U.S. and Brazilian MSEs and to otherwise promote increased MSE participation in international trade and other international business ventures.
- ncouraging the integration of MSEs into global value chains and otherwise improving MSE productivity and job creation through greater participation in international trade.
- Facilitating the exchange of best practices and other capacity-building efforts between U.S. and Brazilian small business service providers to provide new entrepreneurs and business people with information, tools, management techniques, and advice to grow their businesses.
- Ensuring that centers are inclusive and accessible to a diverse group of entrepreneurs and business people, including ethnic or racial groups, people with disabilities, and women.
- Promoting innovation, technology commercialization, and technological development of MSEs across all sectors, in collaboration with universities, research centers, and the private sector.
- Encouraging participation in web-based platforms, such as SBDCGlobal, for business counselors to share best practices and for clients to link with international suppliers, buyers, and other potential business partners.
3. The Participants also share the opinion that improving access to capital for MSEs is a key component to promoting entrepreneurship and broad-based, inclusive growth. To that end, the Participants intend to explore opportunities to expand access to capital for MSEs by:
- Promoting inclusive access to finance through actions including, but not limited to, secured transactions reform, improved techniques for assessing MSE risk, streamlined credit application processes, and securitization of MSE debt instruments, equally available to all MSEs, regardless of race or gender.
- Promoting the development of the non-bank capital market for MSEs, including venture capital and other forms of equity investment, and ensuring this capital is equally accessible to all MSEs, regardless of race or gender.
- Encouraging the use of other financing mechanisms such as reciprocal guarantees, leasing arrangements, and invoice factoring.
- Encouraging foreign investment in MSEs.
4. The Participants intend to promote women's entrepreneurship in MSEs by:
- Encouraging the integration of women-owned MSEs into global value chains and greater participation in international trade.
- Encouraging business service centers to provide women entrepreneurs targeted access to the training, leadership, and mentoring opportunities needed to grow their businesses.
- Encouraging the participation of women entrepreneurs in international networking and market access opportunities to empower women entrepreneurs to compete in a global marketplace.
- Promoting effective policies and otherwise encouraging financial institutions to increase women entrepreneurs’ access to capital.
- Promoting effective policies and otherwise encouraging public and private sector procurement from and investment in women-owned businesses.
- Promoting a culture of entrepreneurship among women and girls, by investing in the development of entrepreneurial skills and mindset among youth.
- Exploring partnerships with the private sector to advance these goals.
Section II - General Provisions
- All activities covered by this MOU are to take place in a manner consistent with the respective national laws and regulations of the Participants.
- This MOU does not create rights or obligations under international or domestic law. All activities covered by this MOU are subject to the availability of appropriated funds and resources.
- Activities covered by this MOU are to be coordinated by the Department of State of the United States of America and by the Secretariat of Micro and Small Enterprises of the Federative Republic of Brazil.
- Either Participant may discontinue activities covered by this MOU at any time. A Participant should endeavor to provide a three-month advance notice of its intent to discontinue such activities.
- This MOU may be modified by the Participants by mutual decision in writing.
- The Participants intend to address through direct consultations any difference of views regarding the interpretation of this MOU.
- The Participants intend for cooperation under this MOU to begin upon its signature.
CONSIDERING the value and the importance of increasing collaborative efforts between the respective patent offices of the United States of America ("United States") and the Federative Republic of Brazil (“Brazil”);
RECOGNIZING that worksharing between the respective patent offices of the United States and Brazil may serve as a driving force for improving patent quality and facilitating the examination of patent applications;
ACKNOWLEDGING that patent worksharing arrangements between our two patent offices may contribute to promotion of innovation and investment in the economies of the United States and Brazil, and empower U.S. and Brazilian businesses to grow and expand their markets; and
ENDEAVORING to explore patent worksharing arrangements in the short term to provide experiences and understanding that provide foundations for continuing patent worksharing activities.
THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND THE GOVERNMENT OF THE FEDERATIVE REPUBLIC OF BRAZIL HAVE REACHED A COMMON UNDERSTANDING AS FOLLOWS:
The patent offices of the two Governments intend to commence cooperative activities, on or after the date of signature of this Joint Statement, including the implementation of a mutually beneficial worksharing pilot program that facilitates the examination of patent applications that are commonly filed in the United States and Brazil.
It is understood that implementation of such a worksharing pilot program will be subject to conditions and requirements to be established by the patent offices of the United States and Brazil and/or their respective Ministries, as appropriate.
This Joint Statement does not create any legal obligations under international or domestic law.
The Competent Authority of the Federative Republic of Brazil (Brazil)
the Competent Authority of the United States of America (United States),
In conformity with Article 9(a) of the Agreement on Social Security between the United States of America and the Federative Republic of Brazil of this date, (hereinafter referred to as the “Agreement”), have agreed as follows:
Where terms which appear in the Agreement are used in this Administrative Arrangement, they shall have the same meaning as they have in the Agreement.
1. The liaison agencies referred to in Article 9(a) of the Agreement shall be:
(a) for the United States, the Social Security Administration; and
(b) for Brazil, the National Social Insurance Institute.
2. The Competent Institutions intend to agree upon the joint procedures and methods necessary for the implementation of the Agreement and this Administrative Arrangement.
Provisions on Applicable Laws
1. Where the laws of one Contracting State are applicable in accordance with any of the provisions of Part II of the Agreement, the Competent Institution of that Contracting State, upon request of the employer or self-employed person, shall issue a certificate stating that the employee or self-employed person is subject to those laws and indicating the duration for which the certificate shall be valid. This certificate shall be proof that the employee or self-employed person is exempt from the laws on compulsory coverage of the other Contracting State.
2. The certificate referred to in paragraph 1 of this Article shall be issued by the relevant Competent Institution.
3. The Competent Institution of a Contracting State which issues a certificate referred to in paragraph 1 of this Article shall furnish the certificate to the subject and agreed upon information from the certificate to the Competent Institution of the other Contracting State, as needed by the Competent Institution of the other Contracting State.
Provisions on Benefits
1. Applications for benefits under the Agreement shall be submitted on forms to be agreed upon by the Competent Institutions of the two Contracting States.
2. The Competent Institution of the Contracting State with which an application for benefits is first filed in accordance with Article 15 of the Agreement shall provide the Competent Institution of the other Contracting State with such evidence and other information in its possession as may be required to complete action on the claim.
3. The Competent Institution of a Contracting State which receives an application that was first filed with the Competent Institution of the other Contracting State shall without delay provide the Competent Institution of the other Contracting State with such evidence and other available information in its possession as may be required for it to complete action on the claim.
4. The Competent Institution of the Contracting State with which an application for benefits has been filed shall verify the information pertaining to the applicant and the applicant's dependents and survivors. The Competent Institutions of both Contracting States shall agree upon the types of information to be verified.
1. In accordance with measures to be agreed upon pursuant to paragraph 2 of Article 2 of this Administrative Arrangement, the Competent Institution of one Contracting State shall, upon request of the Competent Institution of the other Contracting State, furnish available information relating to the claim of any specified individual for the purpose of administering the Agreement.
2. For the purpose of facilitation of the administration of the Agreement and this Administrative Arrangement, the Competent Institutions may agree on measures for the electronic provision and transmission of data.
The Competent Institutions of the two Contracting States shall exchange statistics on the certificates issued under Article 3 of this Administrative Arrangement and on the payments made to beneficiaries under the Agreement. These statistics shall be furnished annually in a manner to be agreed upon.
1. Where administrative assistance is requested under Article 10 of the Agreement, expenses other than regular personnel and operating costs of the Competent Institution providing the assistance shall be reimbursed, except as may be agreed to by the Competent Authorities or the Competent Institutions of the Contracting States.
2. Upon request, the Competent Institution of either Contracting State shall furnish without cost to the Competent Institution of the other Contracting State any medical information and documentation in its possession relevant to the disability of the claimant or beneficiary.
3. Where the Competent Institution of a Contracting State requires that a person in the territory of the other Contracting State who is receiving or applying for benefits under the Agreement submit to a medical examination, such examination, if requested by that Competent Institution, shall be arranged by the Competent Institution of the other Contracting State in accordance with the rules of the Competent Institution making the arrangements and at the expense of the Competent Institution which requests the examination.
4. The Competent Institution of one Contracting State shall reimburse amounts owed under paragraph 1 or 3 of this Article upon presentation of a statement of expenses by the Competent Institution of the other Contracting State.
This Administrative Arrangement shall enter into force on the date of entry into force of the Agreement and shall remain in force so long as the Agreement is in force.
Statement of Intent between
The Department of Energy of the United States of America and
The Ministry of Science, Technology and Innovation
of the Federative Republic of Brazil
Collaboration in the Fields of Synchrotron Radiation Science and Technology and Neutrino Physics
The Department of Energy of the United States of America and the Ministry of Science, Technology and Innovation of the Federative Republic of Brazil, hereinafter collectively referred to as the “Participants” and individually as a “Participant”:
ACKNOWLEDGING that over the last decade synchrotron radiation has developed into one of the most valuable scientific tools for the investigation of materials, both biological and non-biological;
ACKNOWLEDGING that many aspects of neutrino physics are still not understood, especially those associated with the neutrino mass;
NOTING that Brazil operates the only synchrotron source in Latin America, and is currently constructing a new source, Sirius, one of the first fourth-generation synchrotron storage rings in the world, and that the United States has some of the most advanced synchrotron light sources in the world;
NOTING that Brazil and the United States have many decades of collaboration in the field of high-energy physics, that Brazil has many groups working in the physics of neutrinos, and that the United States Department of Energy is pursuing neutrino physics as one of its priorities for its particle physics program;
AFFIRMING the Participants’ objective to promote greater intergovernmental cooperation in science, technology and innovation,
State their intention as follows:
1. The Participants intend to cooperate to promote collaborative research and development efforts in the fields of i) synchrotron radiation science and technology, and ii) neutrino physics.
2. The Participants may add additional areas of common scientific interest, as new research and development priorities arise, that the Participants may mutually decide in writing.
3. The Participants intend to conclude appropriate written agreements for the conduct of collaborative research and development in any mutually decided subject within the areas specified in paragraph 1 of this Statement of Intent (Statement).
4. This Statement does not create any legally binding obligations between the Participants.
5. Implementation of the cooperative activities contemplated by this Statement is subject to the availability of funds, personnel, and other resources.
6. The Participants intend that the collaboration contemplated by this Statement may commence upon signature.
7. Activities under this Statement may be discontinued at any time by the Participants’ mutual consent in writing. Alternatively, a Participant that wishes to discontinue its participation in this Statement should provide at least 60 days advance notice in writing to the other Participant.
Under The Memorandum of Understanding for
Cooperation in Earth Observation between the
National Oceanic and Atmospheric Administration, U.S. Department of Commerce and
The Brazilian National Institute for Space Research, Ministry of Science, Technology and Innovation
for cooperation on the COSMIC-2 Satellite Program
Recognizing the relationship established by the Memorandum of Understanding between the National Oceanic and Atmospheric Administration (NOAA), U.S. Department of Commerce (DOC), and the Brazilian National Institute for Space Research (INPE), Ministry of Science, Technology and Innovation (MCTI), on Cooperation in Earth Observation, NOAA, through its National Environmental Satellite, Data, and Information Service (NESDIS), and INPE, hereinafter referred to as the “Participating Institutions”, participate in this Annex for cooperation on the COSMIC-2 satellite program, according to the following provisions.
The purpose of this Annex, hereinafter called the “Annex”, is to state the goals of the Participating Institutions regarding their cooperation to support the installation and operation of a receive-only ground station in Brazil for the COSMIC-2 program.
3.1 Instituto Nacional de Pesquisas Espaciais (National Institute for Space Research)
INPE promotes and conducts studies, scientific research, technological development, and human resources development in the fields of space and atmospheric sciences, space applications, meteorology, and space engineering and technology, as well as in related areas, in accordance with the policies and guidelines set forth by the Brazilian Space Agency (AEB) and MCTI.
3.2 National Oceanic and Atmospheric Administration
NOAA’s mission is based on science, service, and conservation. NOAA is working to understand and predict changes in climate, weather, oceans, and coasts. NOAA shares this knowledge with others, and works to conserve and manage coastal and marine ecosystems and resources. NOAA’s vision for the future is one of resilient ecosystems, communities, and economies and works to achieve healthy ecosystems, communities, and economies that are resilient in the face of change.
3.3 National Environmental Satellite, Data, and Information Service
NESDIS’s mission is to provide timely access to global environmental data and information services from satellites and other sources in order to promote, protect, and enhance the United States’ economy, security, environment, and quality of life. To fulfill its responsibilities, NESDIS acquires and manages the United States operational environmental satellites, operates the NOAA National Data Centers, provides data and information services including Earth system monitoring, and performs assessments of the environment and related research.
3.4 Constellation Observing System for Meteorology, Ionosphere, and Climate (COSMIC-2) Program
The Constellation Observing System for Meteorology, Ionosphere, and Climate-2 (COSMIC-2) program is being conducted under an agreement between the American Institute in Taiwan (AIT) and the Taipei Economic and Cultural Representative Office in the United States (TECRO), signed May 27, 2010, to develop, launch, and operate a follow-on satellite mission to the Constellation Observing System for Meteorology, Ionosphere, and Climate (COSMIC). NOAA is AIT’s designated representative, and the National Space Organization (NSPO) is TECRO’s designated representative. The primary objectives of COSMIC-2 are to increase the number of global radio occultation (RO) measurements and to transition from the demonstration mission COSMIC to a global, reliable system supporting both atmospheric research and operational weather prediction. This new constellation should continuously and more uniformly collect tropospheric and ionospheric data as inputs to daily near-real-time weather forecasts, climate studies, and space weather research.
The constellation should be comprised of 6 satellites at 24 degree inclination, and 6 satellites at 72 degree inclination, which should enhance observations in the equatorial region over what is currently being collected with COSMIC.
The first COSMIC-2 launch is planned for early August 2015, and Initial Operational Capability of COSMIC-2 is expected in 2017. Final Operational Capability is targeted for 2019 after the second launch, which is planned for 2018. The current launch plan is for 2 rockets with 6 satellites on each rocket. The satellites are expected to be launched in a parking orbit and then each satellite should be moved to its operational orbit over a total deployment period of about 15 months.
3.5 Data Recovery and Distribution
The COSMIC-2 Program is expected to utilize a global network of ground stations to receive the raw mission data from the COSMIC-2 satellites, and should retransmit the data via the Internet to data processing centers. For the ground system, NSPO is responsible for satellite command and control, a ground station with receiving and uplinking capabilities, and one of two data processing centers. NOAA is responsible for planning and arranging for the other required ground stations and for one of two data processing centers. Each ground station has the capability to receive S-band Stored Mission Data (SMD) downlinked from COSMIC-2 satellites. One ground station is anticipated to be within the Federative Republic of Brazil at a site to be decided upon by both Participating Institutions.
No Intention to be Legally Binding
4.1 The Participating Institutions intend to implement their responsibilities under this Annex but the Annex is not intended to be legally binding in either domestic or international law.
Scope of Activities
5.1 Specific areas of cooperation include, but are not limited to, the following:
- Participation in the COSMIC-2 distributed S-band ground station network.
- Development of the INPE COSMIC-2 S-band ground station at a mutually decided location within Brazil.
- Development of the COSMIC-2 S-band ground station operations concept.
- Provision of the dissemination of COSMIC-2 data products on a full and open basis.
- Scientific or technical cooperation in the application of the data received from the COSMIC-2 system, as mutually decided.
5.2 Any additional areas of cooperation under this Annex should be mutually decided in writing, and attached to this Annex.
Goals of the Participating Institutions Regarding the COSMIC-2 S-Band Ground Station
- NOAA intends to:
- Provide general performance specifications for a ground station compatible with the COSMIC-2 downlink and with system performance requirements.
- Coordinate in the selection of the COSMIC-2 Ground Station site:
a. The ground site should be at a mutually decided location, with appropriate internet connectivity and operations and maintenance support.
- Coordinate the ground station operations concept with INPE.
- Provide a downlink of COSMIC-2 data at an S-band frequency to the INPE ground station for the duration of the COSMIC-2 program.
- Provide global COSMIC-2 raw and processed data to INPE.
- NOAA should encourage the University Corporation for Atmospheric Research (UCAR) and INPE to develop an arrangement on the access, training, use and maintenance of the COSMIC-2 data processing software.
6.2 INPE intends to:
- Provide for the procurement, construction, installation, operation and maintenance of an S-band ground station compatible with COSMIC-2. If the ground station is used to support multiple satellite programs, COSMIC-2 satellite support should have the highest priority.
- Provide all downlinked COSMIC-2 data to all IP addresses that NOAA provides.
- Provide a secure internet connection that supports S-FTP Multicast.
- Seek to have the ground station operational at least 6 months prior to the first launch, currently scheduled for September 2016.
Data Sharing and Access
7.1 Data generated by the COSMIC-2 system, both raw data from all ground stations and processed data from the U.S. data processing center at UCAR should be made freely available to INPE, in accordance with United States Government data policy.
- INPE is responsible for its own computing, storage and communications costs to acquire and store COSMIC-2 data and products.
- It is understood that the data received by the Brazilian S-band ground station is not expected to have been completely acquired over Brazilian territory.
Data Security and Integrity
8.1 NOAA and INPE should coordinate regarding information security measures for protecting the availability and integrity of mission data. The Participating Institutions intend to adhere to their respective information security requirements and policies, consistent with their own established guidelines and best practices.
Development and Review of Technical Documents
9.1 Development of Technical Documents
Supporting technical documents under this Annex should be developed and decided upon by the technical points of contact.
9.2 Review of Technical Documents
All supporting technical documents under this Annex should be reviewed and approved by the Program Managers. Once the Program Managers approve the supporting technical documents they should be considered an integral part of this Annex.
The following attachments are included with this Annex:
- Glossary of terms;
- Other attachments may be added.
Inclusion of Other Participants
10.1 Additional participants may be added to this Annex with the written concurrence of the Participating Institutions. New participants should indicate their intent to operate in a manner consistent with this Annex through a letter of intent that should become an attachment to this Annex.
The Participating Institutions intend to fund their respective activities under this Annex. The activities of the Participating Institutions are subject to the availability of appropriated funds.
11.2 Contracts or Other Exchange of Funds
In the event that any exchange of funds is contemplated for activities related to this Annex, the Participating Institutions should conclude separate arrangements, consistent with their respective national laws and procedures.
Resolution of Disputes
12.1 Should differences arise on the interpretation of the provisions of this Annex that cannot be resolved at the operating level, the area(s) of difference should be stated in writing by each Participating Institution and submitted to officials of both Participating Institutions at an appropriate level for consideration and resolution.
Commencement, Alteration, and Conclusion
The activities intended by this Annex should commence upon signature by the appropriate representatives of NOAA and INPE. The Participating Institutions intend this Annex to remain operative until the end of the Memorandum of Understanding. As with the Memorandum of Understanding, this Annex can be renewed by mutual decision through an exchange of letters for additional periods of time up to the end of the COSMIC-2 program.
This Annex may be altered at any time by mutual decision of the Participating Institutions. Such decision should be memorialized through an exchange of letters.
Either Participating Institution may conclude this Annex at any time, but the Participating Institutions should use their best efforts to provide at least 6 months written notice to the other Participating Institution[s].
Points of Contact
14.1 Points of Contact
The Points of Contact for this Annex are:
Rozane da Fonseca e Silva
Instituto Nacional de Pesquisas Espaciais (INPE)
International Cooperation Advisory Office
Tel: + 55 12 3945 6861
Senior International Relations Specialist
International and Interagency Affairs Division
NOAA Satellite and Information Service
Building SSMC1, Room 7311
1335 East-West Highway
Silver Spring, Maryland 20910
Tel: +1 301 713 3308
Fax: +1 301 713 2032
14.2 Technical Points of Contact
The Technical Points of Contact for this Annex are:
Joaquim Eduardo Rezende Costa
Head of Astrophysics Division
Space and Atmospheric Sciences Coordination
CEA Building, Room 18
Av. Dos Astronautas, 1758
12.227-010- São José dos Campos, SP
Tel +55 1 3208-7201
COSMIC-2 Program Manager
Office of Systems Development
NOAA Satellite and Information Service
Building SSMC1, Room 5200
1335 East-West Highway
Silver Spring, Maryland 20910
Tel: +1 301 713 4745
Email: jim.silva @noaa.gov
14.3 Program Managers
The Program Managers for this Annex are:
EMBRACE - Space Weather Program Manager
Space and Atmospheric Sciences Coordination
CEA-2 Building, Room 18
Av. Dos Astronautas, 1758
12.227-010- São José dos Campos, SP
Tel +55 1 3208-7055
COSMIC-2 Program Manager
Office of Systems Development
NOAA Satellite and Information Service
Building SSMC1, Room 5200
1335 East-West Highway
Silver Spring, Maryland 20910
Tel: +1 301 713 4745
14.4 Each Participating Institution should notify the other in a timely manner of any changes to the above points of contact.
Signed, in duplicate, in the English and Portuguese languages, at
End of Life—Term used indicating the product or system has reached the end of its useful life.
S-band -- covers the frequencies of 2-4 GHz. (Note: COSMIC-2 is proposing to use 2264 MHz as its downlink center frequency. However, the downlink center frequency has not yet been approved by the ITU and may reside anywhere between 2202 MHz and 2275 MHz. The downlink bandwidth is at most 4 MHz.)
the National Aeronautics and Space Administration (NASA)
of the United States of America and
the Brazilian Space Agency (AEB) of the Federative Republic of Brazil
for Cooperation in the GLOBE Program
The National Aeronautics and Space Administration (NASA) of the United States of America and the Brazilian Space Agency (AEB) of the Federative Republic of Brazil (hereinafter referred to as “the Parties”):
Intending to increase the awareness of students throughout the world about the global environment;
Seeking to contribute to increased scientific understanding of the Earth; and
Desiring to support improved student achievement in science and mathematics.
Have agreed to cooperate in the Global Learning and Observations to Benefit the Environment Program (GLOBE Program) as follows:
The GLOBE Program is an international environmental science and education program that brings students, teachers, and scientists together to study the global environment. GLOBE has created an international network of students at primary, middle, and secondary school levels studying environmental issues, making environmental measurements, and sharing useful environmental data with one another and the international science community.
RESPONSIBILITIES OF THE PARTIES
A. NASA will use reasonable efforts to:
- Coordinate U.S. Government participation in the GLOBE Program, on behalf of relevant U.S. Government agencies;
- Identify U.S. schools that will participate in the GLOBE Program;
- Select, in consultation with international scientists and educators, the GLOBE environmental measurements and define specifications for measurement equipment;
- Accept environmental data reported from GLOBE schools around the world and develop and provide resultant global environmental images to AEB; and
- Evaluate the overall GLOBE Program annually, in consultation with international GLOBE Country Coordinators, and modify the overall program as appropriate.
- Coordinate with the National Science Foundation (NSF) all activities related to new and existing GLOBE environmental measurements;
- Develop, in consultation with international scientists and educators, GLOBE educational materials;
- Translate GLOBE instructional materials related to measurement procedures and data reporting protocols into the six United Nations languages and provide a copy of these plus all broader GLOBE educational materials to the Brazil Party for further reproduction as necessary;
- Conduct regional training sessions for GLOBE Country Coordinators and GLOBE teachers who will serve as trainers for additional GLOBE teachers in Brazil;
- Design, develop, operate, and maintain GLOBE data processing capabilities and other necessary technology and equipment;
- Provide GLOBE software, as necessary, for use on Brazil’s GLOBE school computers. (To the extent possible, textual material appearing on computer screens will be accessible in the student’s choice among the six United Nations languages.);
B. AEB will use reasonable efforts to:
- Identify Brazil’s schools that will participate in the GLOBE Program and provide an updated list of Brazil’s GLOBE schools to NASA at the beginning of each school year;
- Ensure that Brazil’s GLOBE schools conduct the fundamental activities of GLOBE schools (take GLOBE environmental measurements, report data, and receive and use resultant global environmental images, using GLOBE educational materials under the guidance of teachers trained to conduct the GLOBE Program);
- Name a Brazilian Government Point of Contact responsible for policy-level communications with the International Director of the GLOBE Program and for the high-level oversight of the GLOBE Program in Brazil;
- Name a Country Coordinator responsible for day-to-day management, oversight, and facilitation of the GLOBE Program in Brazil;
- Ensure that the Country Coordinator and some GLOBE teachers attend GLOBE regional training and in turn provide GLOBE training to at least one teacher in each Brazilian GLOBE school;
- Ensure that GLOBE instructional materials related to measurement procedures and data reporting protocols are utilized in Brazil’s GLOBE schools and that broader GLOBE educational materials are appropriately translated, adapted, reproduced, and distributed to all Brazilian GLOBE schools;
- Ensure that the measurement equipment used by Brazil’s GLOBE schools to take GLOBE environmental measurements meets GLOBE specifications;
- Ensure that teachers and students at Brazil’s GLOBE schools calibrate GLOBE measurement equipment according to procedures provided in GLOBE instructional materials;
- Ensure that Brazil’s GLOBE schools have the necessary computer and communications systems to allow Internet/World Wide Web access in order to report GLOBE environmental measurements and to receive and use GLOBE environmental images; if such computer and communications systems are not available in Brazil’s schools, make agreed alternative arrangements for such reporting and receipt (at a minimum, the Brazilian Country Coordinator will need access to the Internet so that all measurement data from Brazil’s GLOBE schools will be reported via Internet); and
- Evaluate GLOBE operations in Brazil annually and assist NASA in conducting periodic evaluation of the overall GLOBE Program.
The Parties will bear the costs of fulfilling their respective responsibilities under this Agreement. Obligations of the Parties pursuant to this Agreement are subject to their respective funding procedures and the availability of appropriated funds. The conduct of activities under this Agreement will be consistent with the relevant laws and regulations of the United States of America and Brazil.
EXCHANGE OF DATA AND GOODS
GLOBE environmental measurement data, global environmental images, educational materials, and, to the extent possible, software will be available worldwide without restriction as to their use or redistribution.
RELEASE OF INFORMATION ABOUT THE GLOBE PROGRAM
The Parties may freely release information on the GLOBE Program as deemed appropriate without prior consultation.
CUSTOMS AND IMMIGRATION
The Parties will use reasonable efforts to facilitate the movement of persons and goods into and out of its territory and to accord entry to such goods into U.S. and Brazil’s territory free of customs duties and other similar charges, as is necessary to implement this Agreement, to the extent permitted by the laws and regulations of the United States of America and Brazil.
INVENTION AND PATENT RIGHTS
Nothing in this Agreement will be construed as granting or implying any rights to, or interest in, patents or inventions of the Parties or their contractors or subcontractors.
CONSULTATIONS AND SETTLEMENT OF DISPUTES
The Parties will consult promptly with each other on all issues involving interpretation or implementation of this Agreement.
Neither Party will make any claim against the other, its employees, a related entity of the other, or employees of the other Party’s related entities for injury to or death of its own employees or employees of its related entities, or for damage of any kind to or loss of its own property or that of its related entities arising out of activities under this Agreement whether such injury death, damage or loss arises through negligence or otherwise, except in the case of willful misconduct.
DURATION, TERMINATION, AND AMENDMENT
This Agreement will enter into force upon the date of signature and will remain in force for five years. It will be automatically extended for further five-year periods. This Agreement may be terminated at any time by either of the Parties upon at least
three-months written notice to the other of intent to terminate. This Agreement may be amended at any time by written agreement of the Parties.
DONE at Washington, DC, on the 30th day of June, 2015, in duplicate, in the English and Portuguese languages, both language versions being equally authentic.
IMPLEMENTING ARRANGEMENT FOR COOPERATION BETWEEN THE
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION (NASA) OF THE
UNITED STATES OF AMERICA AND THE BRAZILIAN SPACE AGENCY (AEB)
OF THE FEDERATIVE REPUBLIC OF BRAZIL IN
SOLAR AND SPACE PHYSICS (HELIOPHYSICS)
AND SPACE WEATHER RESEARCH
TABLE OF CONTENTS
ARTICLE 1 – BACKGROUND
ARTICLE 2 – DEFINITIONS
ARTICLE 3 – PURPOSE OF COOPERATION
ARTICLE 4 – RESPONSIBILITIES
ARTICLE 5 – POINTS OF CONTACT
ARTICLE 6 – CROSS-WAIVER OF LIABILITY
ARTICLE 7 – INTELLECTUAL PROPERTY RIGHTS
ARTICLE 8 – RELEASE OF PUBLIC INFORMATION AND RESULTS
ARTICLE 9 – TRANSFER OF GOODS AND TECHNICAL DATA
ARTICLE 10 – DATA POLICY
ARTICLE 11 – OWNERSHIP OF EQUIPMENT
ARTICLE 12 – AMENDMENTS
ARTICLE 13 – ENTRY INTO FORCE AND DURATION
The National Aeronautics and Space Administration of the United States of America (hereinafter referred to as “NASA”) and the Brazilian Space Agency of the Federative Republic of Brazil (hereinafter referred to as “AEB”) (hereinafter jointly referred to as “the Parties”):
Recognizing over three decades of fruitful cooperation in the exploration and peaceful use of outer space, through the successful implementation of cooperative activities covering a broad range of space science and applications areas;
Considering the desirability of enhanced cooperation between the Parties in human space flight, space science, and the use of space for research in the Earth sciences and global change, with potential benefits to all nations;
Recalling the terms of the Framework Agreement between the Government of the United States of America and the Government of the Federative Republic of Brazil on Cooperation in the Peaceful Uses of Outer Space, signed at Brasilia March 1, 1996, as extended (hereinafter referred to as the “Framework Agreement”);
Noting the Framework Agreement between the Government of the United States of America and the Government of the Federative Republic of Brazil on Cooperation in the Peaceful Uses of Outer Space, signed at Brasilia March 19, 2011, but which has not yet entered into force;
Recalling that NASA and AEB are designated as the Principal Implementing Agencies in the Framework Agreement;
The Parties have agreed as follows:
This Implementing Arrangement (hereinafter referred to as the “Arrangement”) is subject to and governed by the Framework Agreement. In the event of a conflict between the provisions of this Arrangement and the Framework Agreement, the terms of the Framework Agreement shall prevail.
For purposes of this Arrangement,
1. The term “Damage” means:
(i) bodily injury to, or other impairment of health of, or death of, any person;
(ii) damage to, loss of, or loss of use of any property;
(iii) loss of revenue or profits; or
(iv) other direct, indirect, or consequential damage.
2. The term “Launch Vehicle” means an object, or any part thereof, intended for launch, launched from Earth or returning to Earth, which carries Payloads or persons, or both.
3. The term “Payload” means all property to be flown or used on or in a Launch Vehicle.
4. For the purpose of Article 6, the term “Protected Space Operations” means all activities conducted pursuant to this Arrangement, including Launch Vehicle activities, and Payload activities on Earth, in outer space, or in transit between Earth and air space or outer space, in implementation of this Arrangement. Protected Space Operations begins on the date of entry into force of this Arrangement and ends when all activities done in implementation of this Arrangement are completed. It includes, but is not limited to:
(i) research, design, development, test, manufacture, assembly, integration, operation, or use of Launch or Transfer Vehicles, Payloads, or instruments, as well as related support equipment and facilities and services; and
(ii) all activities related to ground support, test, training, simulation, or guidance and control equipment and related facilities or services;
The term “Protected Space Operations” excludes activities on Earth that are conducted on return from space to develop further a Payload’s product or process for use other than for activities in implementation of this Arrangement.
5. The term “Related Entity” means:
(i) a contractor or subcontractor of a Party, at any tier;
For the purpose of Article 6, the term “Related Entity” also means:
(ii) a user or customer of a Party, at any tier; or
(iii) a contractor or subcontractor of a user or customer of a Party, at any tier.
For the purpose of Article 6, the terms “contractor” and “subcontractor” include suppliers of any kind.
For the purpose of Article 6, the term “Related Entity” may also apply to a State, an international organization, or an agency, department, or institution of a State, having the same relationship to a Party as described in subparagraphs (i) to (iii) above, or otherwise engaged in the implementation of Protected Space Operations as defined in Article 2, paragraph 4 above.
6. The term “Transfer Vehicle” means any vehicle that operates in space and transfers a Payload or person or both between two different space objects, between two different places on the same space object, or between a space object and the surface of a celestial body. A Transfer Vehicle also includes a vehicle that departs from and returns to the same location on a space object.
PURPOSE OF COOPERATION
The purpose of this Arrangement is to set forth the respective responsibilities of the Parties and the terms and conditions under which they will pursue cooperation in heliophysics and space weather research. AEB’s responsibilities will be performed through the Brazilian National Institute for Space Research (INPE).
NASA and INPE researchers intend to carry out joint observations and studies of the magnetospheric, ionosphereric, and geomagnetic response to the influence of solar activity, with particular interest in modeling the variability related to space weather. NASA scientists are interested in conducting joint research with INPE’s Space Weather program, including the Brazilian low-latitude chain of magnetometers and ionospheric monitors, as well as magnetospheric and ionospheric models developed at INPE. INPE scientists are interested in participating in NASA’s magnetospheric missions, the Magnetospheric MultiScale (MMS) mission, and the Van Allen Probes mission (formerly known as Radiation Belt Storm Probes, or RBSP), through joint data analysis, theory, and modeling. Sharing the data of new NASA missions will increase scientific output and productivity to the benefit of heliophysics overall.
4.1 NASA responsibilities
NASA will use reasonable efforts to carry out the following responsibilities:
- Provide to INPE the information, including the Van Allen Probes space weather broadcast mode operating frequencies, the tracking speed, and the tracking cadences, needed by INPE to set up the ground assets to acquire and process space weather broadcast data from the Van Allen Probes, potentially including future NASA missions;
- Provide the entire real-time Van Allen Probes broadcast data set compiled from multiple sources, including the set from INPE;
- Provide opportunities for INPE researchers to participate in the working groups of the NASA MMS and Van Allen Probes missions, mainly related to data analysis and computation and theoretical modeling; and
- Facilitate discussions about new projects for potential INPE and NASA collaboration in heliophysics and space weather research, to be covered under potential future agreements.
4.2 AEB responsibilities
AEB, through INPE, will use reasonable efforts to carry out the following responsibilities:
- Provide the necessary ground assets to acquire and process the space weather broadcast data from the Van Allen Probes and, potentially, future NASA missions, and provide the data sets to NASA;
- Implement measures, such as restricting personnel access and using encryption, to secure the Van Allen Probes space weather broadcast mode operating frequencies, the tracking speed, and the tracking cadences and ensure that this information be used only by those personnel who Brazil determines would need access in support of the activities listed in this Arrangement;
- Allow the participation of NASA researchers in the development of joint research with INPE’s Center for Brazilian study and monitoring of Space Weather (Embrace/INPE), including the network of magnetometers and low-latitude ionospheric monitors, as well as magnetospheric and ionospheric models developed at INPE, with the proper acknowledgement of the Embrace/INPE-Center for providing the data; and
- Facilitate discussions about new projects for potential NASA and INPE collaboration in heliophysics and space weather research, to be covered under potential future agreements.
POINTS OF CONTACT
NASA and AEB designate the following points of contact responsible for coordination of the agreed-upon responsibilities of the respective agencies:
Dr. Ramona Kessel
Heliophysics Division, Science Mission Directorate
300 E Street, SW
Washington, DC 20546
Dr. James Spann
Head, Science Research Office, ZP10
NASA Marshall Space Flight Center (MSFC)
320 Sparkman Drive
Huntsville, AL 35805
Dr. David Sibeck
Code 674, Space Weather Laboratory
NASA Goddard Space Flight Center (GSFC)
Greenbelt, MD 20771
AEB Point of Contact
Jose Monserrat Filho
Chief, Office for International Cooperation
Brazilian Space Agency (AEB)
SPO Area 5 Quadra 3 Bloco A
70610-220 Brasília, DF, Brazil
INPE Points of Contact
Dr. Walter D. Gonzalez
Head of Space Heliophysics Division
National Institute for Space Research (INPE)
Av. dos Astronautas, 1758
São José dos Campos – SP
Dr. Livia R. Alves
Researcher at the Space Geophysics Department and at the
Center for Brazilian study and monitoring of Space Weather (Embrace)
National Institute for Space Research (INPE)
Av. dos Astronautas, 1758
Sao Jose dos Campos-SP
CROSS-WAIVER OF LIABILITY
- With respect to activities performed under this Arrangement, the Parties agree that acomprehensive cross-waiver of liability will further the cooperation. This cross-waiver of liability, as set out below, shall be broadly construed to achieve this objective.
(i) the other Party;
(ii) a Related Entity of the other Party; and
(iii) the employees of any of the entities identified in sub-paragraphs (i) and (ii) immediately above.
(b) In addition, each Party will extend the cross-waiver of liability as set forth in Article 6.2(a) to its Related Entities by requiring them, by contract or otherwise, to agree to:
(i) waive all claims against the entities or persons identified in Article 6.2(a)(i) through Article 6.2(a)(iii); and
(ii) require that their Related Entities waive all claims against the entities or persons identified in Article 6.2(a)(i) through Article 6.2(a)(iii) above.
(c) For avoidance of doubt, this cross-waiver of liability will be applicable to claims arising under the Convention on International Liability for Damage Caused by Space Objects, done on March 29, 1972 (the “Liability Convention”), where the person, entity, or property causing the Damage is involved in Protected Space Operations and the person, entity, or property damaged is damaged by virtue of its involvement in Protected Space Operations.
(d) Notwithstanding the other provisions of this Article, this cross-waiver of liability will not be applicable to:
(i) claims between a Party and its Related Entity or between its own Related Entities;
(ii) claims made by a natural person, his/her estate, survivors, or subrogees (except when a subrogee is a Party to this Arrangement or is otherwise bound by the terms of this cross-waiver) for bodily injury to, other impairment of health of, or death of such natural person;
(iii) claims for Damage caused by willful misconduct;
(iv) intellectual property claims;
(v) claims for Damage resulting from a failure of a Party to extend the cross-waiver of liability to its Related Entities, pursuant to Article 6.2(b); or
(vi) claims by or against a Party or its Related Entity arising out of or relating to the other Party’s or its Related Entity’s failure to perform its obligations under this Arrangement.
(e) Nothing in this Article will be construed to create the basis for a claim or suit where none would otherwise exist.
(f) In the event of third-party claims for which the Parties may be liable, the Parties will consult promptly to determine an appropriate and equitable apportionment of any potential liability and on the defense of any such claims.
INTELLECTUAL PROPERTY RIGHTS
Consistent with Article 10 of the Framework Agreement, the Parties have agreed to use the following intellectual property provisions for the purposes of this Arrangement:
- Nothing in this Arrangement shall be construed as granting, either expressly or by implication, to the other Party any rights to, or interest in, any inventions or works of a Party or its Related Entities made prior to the entry into force of, or outside the scope of, this Arrangement, including any patents (or similar forms of protection in any country) corresponding to such inventions or any copyrights corresponding to such works.
- Any rights to, or interest in, any invention or work made in the performance of this Arrangement solely by one Party or any of its Related Entities, including any patents (or similar forms of protection in any country) corresponding to such invention or any copyright corresponding to such work, will be owned by such Party or Related Entity. Allocation of rights to, or interest in, such invention or work between such Party and its Related Entities shall be determined by applicable laws, rules, regulations, and contractual obligations.
- It is not anticipated that there will be any joint inventions made in the performance of this Arrangement. Nevertheless, in the event that an invention is jointly made by the Parties in the performance of this Arrangement, the Parties shall, in good faith, consult and agree within 30 calendar days as to:
- the allocation of rights to, or interest in, such joint invention, including any patents (or similar forms of protection in any country) corresponding to such joint invention;
- the responsibilities, costs, and actions to be taken to establish and maintain patents (or similar forms of protection in any country) for each such joint invention; and
(c) the terms and conditions of any license or other rights to be exchanged between the Parties or granted by one Party to the other Party.
4. For any jointly authored work by the Parties, should the Parties decide to register the copyright in such work, they will, in good faith, consult and agree as to the responsibilities, costs, and actions to be taken to register copyrights and maintain copyright protection (in any country).
5. Subject to the provisions of Article 8 (Publication of Public Information and Results) and Article 9 (Transfer of Goods and Technical Data), each Party will have an irrevocable royalty-free right to reproduce, prepare derivative works, distribute, and present publicly and authorize others to do so on its behalf, any copyrighted work resulting from activities undertaken in the performance of this Arrangement for its own purposes, regardless of whether the work was created solely by, or on behalf of, the other Party or jointly with the other Party.
RELEASE OF PUBLIC INFORMATION AND RESULTS
- The Parties retain the right to release public information regarding their own activities under this Arrangement. The Parties will coordinate with each other in advance concerning releasing to the public information that relates to the other Party’s responsibilities or performance under this Arrangement.
- The Parties will make the final results obtained from their cooperation on heliophysics and space weather research available to the general scientific community through publication in appropriate journals or by presentations at scientific conferences as soon as possible and in a manner consistent with good scientific practices.
- The Parties acknowledge that the following data or information does not constitute public information and that such data or information shall not be included in any publication or presentation by a Party under this Article without the other Party’s prior written permission:
- data furnished by the other Party in accordance with Article 9 (Transfer of Goods and Technical Data) of this Arrangement which is export-controlled or proprietary; or
(b) information about an invention of the other Party before a patent application has been filed covering the same, or a decision not to file has been made.
TRANSFER OF GOODS AND TECHNICAL DATA
- The Parties are obligated to transfer only those goods and technical data (including software) necessary to fulfill their respective responsibilities under this Arrangement, in accordance with the following provisions:
(a) All activities under this Arrangement will be carried out in accordance with the Parties’ national laws, rules, and regulations, including those laws, rules, and regulations pertaining to export control.
(b) The transfer of technical data with regard to interface, integration, and safety for the purposes of discharging the Parties’ responsibilities under this Arrangement will normally be made without restriction, except as provided in paragraph (a) above. If design, manufacturing, processing data, and associated software, which is proprietary but not export controlled, is necessary for interface, integration, or safety purposes, the transfer shall be made and the data and associated software shall be appropriately marked.
(c) All transfers of goods and proprietary or export-controlled technical data are subject to the following provisions. In the event a Party or its Related Entity finds it necessary to transfer goods or to transfer proprietary or export-controlled technical data, for which protection is to be maintained, such goods will be specifically identified and such proprietary or export-controlled technical data will be marked. The identification of goods and the marking on proprietary or export-controlled technical data will indicate that the goods and proprietary or export-controlled technical data will be used by the receiving Party or its Related Entity only for the purposes of fulfilling the responsibilities of the receiving Party or its Related Entity under this Arrangement and that the identified goods and marked proprietary technical data or marked export-controlled technical data will not be disclosed or retransferred to any other entity without the prior written permission of the furnishing Party or its Related Entity. The receiving Party or its Related Entity will abide by the terms of the notice and protect any such identified goods and marked proprietary technical data or marked export-controlled technical data from unauthorized use and disclosure. The Parties to this Arrangement will cause their Related Entities to be bound by the provisions of this Article related to use, disclosure, and retransfer of identified goods and marked technical data through contractual mechanisms or equivalent measures.
- All goods and marked proprietary or export-controlled technical data exchanged in the performance of this Arrangement will be used by the receiving Party and/or its Related Entities exclusively for the purposes of this Arrangement. Upon completion of the activities under this Arrangement, the receiving Party, or its Related Entity will return or, at the request of the furnishing Party or its Related Entity, otherwise dispose of all goods and marked proprietary or export-controlled technical data provided under this Arrangement.
The Parties will have access to and use of all data generated under this Arrangement. The scientific data generated under this Arrangement will be made available for public access as soon as practicable.
OWNERSHIP OF EQUIPMENT
Equipment provided by NASA pursuant to this Arrangement will remain the property of NASA. Equipment provided by AEB through INPE pursuant to this Arrangement will remain the property of AEB. Each Party agrees to return any of the other Party’s equipment in its possession to the other Party at the conclusion of the project.
This Arrangement may be amended through mutual written agreement by the Parties.
ENTRY INTO FORCE AND DURATION
This Arrangement will enter into force upon signature and will remain in force for ten (10) years unless terminated by one Party providing written notice of its intent to terminate to the other Party at least sixty (60) days in advance.
DONE at Washington, DC, on the 30th day of June, 2015, in duplicate, in the English and Portuguese languages, both language versions being equally authentic.
JOINT WORK PLAN BETWEEN
THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY
U.S. CUSTOMS AND BORDER PROTECTION
UNITED STATES OF AMERICA AND BRAZIL MINISTRY OF FINANCE
SECRETARIAT OF THE FEDERAL REVENUE OF BRAZIL
FEDERATIVE REPUBLIC OF BRAZIL
REGARDING MUTUAL RECOGNITION OF THEIR RESPECTIVE
AUTHORIZED ECONOMIC OPERATOR PROGRAMS
The U.S. Department of Homeland Security, through U. S. Customs and Border Protection, (“CBP”), and the Ministry of Finance, through the Secretariat of the Federal Revenue (“Receita Federal”) of the Federative Republic of Brazil (“Brazil”) (hereinafter referred to as the “Participants”),
RECOGNIZING the long-standing relationship between the United States and Brazil with regard to supply chain security matters;
UNDERSTANDING that CBP’s Customs-Trade Partnership Against Terrorism Program (“C-TPAT”) and Brazil’s Authorized Economic Operator Program (hereinafter referred to as the “Programs”) are consistent with the Authorized Economic Operator (“AEO”) guidelines contained within in the World Customs Organization SAFE Framework of 2012;
BEING AWARE that Mutual Recognition of AEO programs contributes significantly to both end-to-end supply chain security and trade facilitation; and
TAKING INTO ACCOUNT the Agreement between the Government of the United States of America and the Government of the Federative Republic of Brazil Regarding Mutual Assistance Between Their Customs Administrations signed at Washington, DC on June 20, 2002;
HAVE COME TO THE FOLLOWING UNDERSTANDING:
The Participants intend to pursue mutual recognition of their AEO programs through the completion of a four-phase process.
- PHASE I: STUDY OF AEO PROGRAMS
- To enable an examination of the compatibility of the two programs, the Participants intend to share information regarding their respective Programs, in particular:
- the process for granting or denying authorization or certification;
- the process for suspending or removing a certified member;
- validation process;
- trade facilitation that may be provided to members of the programs;
- information Technology (“IT”) systems which support each Program;
- risk management concepts provided by company applicants;
- general overall policy(s) concerning AEO data security and protection requirements;
- monitoring of certified members;
- training programs for Program officers;
- management and oversight of Program personnel;
- interaction with the private sector; and
- The method of determining the compatibility of the Programs is to be a side-by-side comparison of program security requirements.
- Each Participant is to identify the level(s) of trade facilitation it expects its Program may provide to members of the other Participant’s Program if the Participants pursue mutual recognition.
- PHASE II: JOINT VALIDATION VISITS
- The Participants intend to conduct a comprehensive and rigorous evaluation of each Participant’s Program validation process.
- The Participants intend to select at least eight (8) companies located in the United States and at least eight (8) companies located in Brazil which are engaged in commerce between the United States and Brazil for validations and observation by mid-2016 during Phase II. Any proposed validations or observations are subject to the approval of the selected companies.
- The Participants intend to limit their selections for this effort to companies scheduled to undergo a C-TPAT validation or AEO audit.
- Companies to be observed during this effort should include more than one business entity.
- The Participants intend for their respective validation teams to be composed of:
- At least two (2) different teams of AEO auditors should conduct the AEO validations under this phase.
- At least two (2) different teams of C-TPAT Supply Chain Security Specialists should conduct the C-TPAT validations under this phase.
- The Participants intend to conduct all activity related to validations via coordination with the respective Program Managers within each Participant’s Headquarters Offices.
- PHASE III: DEVELOPMENT OF MUTUAL RECOGNITION OPERATIONAL PROCEDURES
The Participants intend to jointly develop written mutual recognition operational procedures, including those associated with information sharing.
- PHASE IV: CONSIDERATION OF RESULTS
After the Participants consider the results of Phase I through III, the Participants intend to determine whether the Programs are sufficiently compatible and whether a Mutual Recognition Arrangement should be pursued.
VI. POINTS OF CONTACT
- The Assistant Commissioner for the Office of Field Operations (“OFO”) is CBP’s central point of contact for this effort.
- The Head of the General-Coordination of Customs Administration (“COANA”) in Brazil is Receita Federal’s central point of contact for this effort.
VII. Status of Joint Work Plan
- This Joint Work Plan represents an understanding between the Participants and does not give rise to rights or obligations binding under international law or the law of any other jurisdiction, nor does it create or confer any right, privilege, or benefit on any person or party, private or public.
- The Participants are expected to be responsible for their own costs incurred as a result of this Joint Work Plan, unless otherwise mutually specified by the Participants in writing. All activities under this Joint Work Plan are subject to the availability of appropriated funds and other resources.
VIII. Commencement AND IMPLEMENTATION
- This Joint Work Plan is expected to be implemented upon signature of the Participants.
- The Participants intend to establish a timeline for intended completion of this Joint Work Plan.
IX. MODIFICATION AND CONSULTATION
- This Joint Work Plan may be modified by the consent of both Participants, which should be given in writing.
- All issues related to the interpretation or implementation of this Joint Work Plan should be addressed by consultations between the Participants.
Either Participant may discontinue cooperation under this Joint Work Plan at any time with immediate effect, but should strive to provide at least thirty (“30”) days written notice.