Implementing Agreement Between the National Aeronautics and Space

-I Document t-53

[II Implementing Agreement Between the National Aeronautics and Space Administration of the United States of America and the Russian Space Agency of the Russian Federation on Human Space Flight Cooperation PREAMBLE

The Nadonal Aeronautics and Space Administration (hercaftcr rcfcrrcd to as ‘NASA3 and the Russian Space Agency (hereafter referred 10 as ‘RSA”).joindy rcfcrred to as ?hc Partia.‘have agreed to coopente in the area of human space Ihght. This coop entivc program consists of three inur-rclated projects: the flight of Russian cosmonauts on IIIC US. Space Shurtlc; drc flight of US. astronauts on the Mir Space Suuon; and a joint miuion involving the rcndawuss and docking of tJre US. Space Shuttle with the Mir Space Station. These will apindy referred to in the future as the “ShutdcMir Program.‘ The Parties have agreed as followx

ARTICLE I: DESCRJPTION OF COOPERATION

1. The cooperation set forth in IMP Implementing Agreement will be undertaken in accordance wirh the Agreement Bccwcn Qe Uniced States of America and rhe Russian Fcdcndon concerning Coopendon in the Escplontion and’Ur of Outer Space for Peaceful Purposes, ofJune 17.W92 (hereinafter theJune 17.1992 Agreement). 2. An experienced cosmonaut will fly aboard the Space Shuule on me STS-60 mission. which is currently scheduled for Novcmbcr 1993. The cosmonaut will be an integral member of the orbiter crew, and will bc uained as a Mission Specialist on Shuttle systems, flight opcntions. and manifested payload procedures following existing Shuttle pncdces. 3. The RSA will nominate LWJcosmonauts. for appronl by N&A as candidates for the STS-60 Space Shutde mission. In accordance with Anicle Iv, one of the two cosmonauts will be designated the Primary Russian+ponsored crewmember. with the other being designated as a backup crewmember. Both crewmembers will receive [2] Mission Specialist Astronaut uaining, until tie time thati tie SDS-60 crew begins dedicated mission training. From chat poink the backup crewmember will receive as much training as pac- tical. The two cosmonauts will be scheduled for arrival ar the Johnson Space Center in Houston, Texas, in October, 1992. Their names. experience and personal history will be provided to NASA by the RSA prior to the initiation of uainmg. -

224 THE DEVELOPMEMOF INTIRNATIONMSPACE COOPEKATION

4. An experienced NASA astronaut will fly on the Mlr Space Stauon as an Integral longduation crewmember (e.g., longer than 96 days) paruclpatmg as an integral member of the crew in a variety of openlions and experiments. The uming of this flight will be consistent with a Shurtle docking flight in 1994 or 1995. The astronaut will be flown 10 the Mu on a Soyuz transportation system. Special emphasis will be placed on science, par- ticularly liic science, as well as engineering and opentional ObJectives.Astronaut and cos- monaur participation before, during and after the longdurauon flight ~11 be emphasized to accomplish all flight objectives. 5. NASA will nominate twu as~onauts for apprw?l by RSA as candidates for a long- duntion Mir missron (e.g., longer than 90 days) to occur in conjunction with the t-en- dczvous and docking of the Space Shuttle with Mir. In accordance with Article IV, one of the two astronauts will be designated as the primary U.S.+ponsored crewmember. with the other being designated as the backup u-ember. Both crewmembers will receive full cosmonaut uaining with their cosmonaut crew. The (WDastronauts till be scheduled to agin tnining no later than 12 months prior to the agreed upon flight date. They will k US. cicirens. and their names. experience and personal history till be provided to RSA by NASA no later than one month prior IO the initiation of training. 6. The Space Shuttle will rend-us and dock with Mir in conjunction with rhe fltght of the NASA astronaut abard hfir. NASA will uansport two Russian cosmonauts in the Shuctlc LOreplace the two cosmonauts on board Mir. Training for these cosmonauts will be in accordance with At-tide V of this Implementing AgrecmcnL Life sciences cxper- imcnts invohring the NASA astronaut and the twu cosmonauts who have been on board le Mir for 90 days or more will be conducvd while the Shuule is docked to the Mir. The NASA astronaut and the two cosmonauts who have hccu on rhe Mir for 90 days or more will be returned in the ShuttJe for contmued postllight life sciences experiments. 7. As part of the technical discussions leading up to the Mir rendezvous. join1 implc mentauon teams will explore the use of the Androgynous Peripheral Docking Assembly developed by NPO l&&a. consistent with the June 17. 1992 Agreement and thts Implementing Agreement (If such used appears techtucally [S] feasible. NPO Encrgi}a will enter mto a scpanre contract vnth an American company IO pro\?dc, modify or intc- gmtc this dcwcc or its dcri\ativcs with the Shut&.) 8. Jomt rmplcmentauon teams wII also consider exchange of Mtr crewmcmbcrs, tnnsportation of experimental and logistic equipment. and Extra Vehicular Activity (EVA), and will dcline the respecuve responsibiliues of the Parues. consistem ~th the June 17.1992 Agreement and this Implementing Agrecmcnr The tmplcmcntation teams ~111JOandy develop a conungcncy plan which will cover procedures for invcsogadon. con- suluuon, and exchange of data m the event of a mishap which causes damage to equip mcnt or mJury to personnel during the conduct of the ShutdcMtr Program. 9. Conststcnt ~7th the June 17, 1992 Agreement. each Party will bc rcsponslblc for fundmg its rcspccure rcsponsibilmcs, conststcnt with tls domcsuc laws and rcgulaoons. and SubJecl IO the awlabiht) of appropriated funds All uaming. m-country tnvel and hv- mg arrangcmcnu. flrght and other associated posts for each Party’s crew members and dcpcndents will be borne by the host country, in a manner it deems appropnatc. at a stan- dud afforded its own flight crews.

ARTICLE II: DESIGNAnON OF REPRESENTATIVES AND ORGANIZA%IONS

Destgnatrd Points of Contact for the implcmcnta~on of the acuwties described here- tn are contamcd m Annex I to thts Implcmcntmg AgrecmcnL Annex 1 may be modiftcd by crrhcr Party upon noufrcation to the other Party NPO Energiya and the Yun Cagann Cosmonaut Trammg Facrluy wll bc Ihe lead ccchmcal ~mplemcntors ol’ d~c Shuula-MK Program m Ruswa

ARTICLE III. JOINT IMPLEMENTATION TEAMS

The Parties agree to establuh jomr ~mplcmentauon teams to coordtnam and implc- mcnt rhc acoviun dcscribcd hcrcin. Designated team members wll be idenulicd by each side within 30 days or IJIC envy into force of thu hnplemenung Agrcemcnt. Each Parry may modi@ the membership of iujoinc implementation teams PI its discretion. The jomr implementation learns will develop a plan for impkmenution of the nctivuies descnbcd herem on the basis of equality, reciprocity and mutual bcnefn, consuwn~ wnh the June 17.1992 apcemcm.

ARTICLE Iv: SELECTION OF CANDIDATES

1. Selection of flight candidates will be based on mumal agrccmeru prior to any announccmcn~ Candidams sclectcd will be (41 current, acdvc members of each ude’s astronaut or cosmonaut corps. 2. Flight candidam sclccmd will have previour space flight experience. The corms- nauu sclecmd for uaining shall have sullidenc knowledge in verbal and wnuen English. The NASA asuonauu sclccrd for uaining shall have sullic~cnt knowledge in verbal and w-men Russian. Information that each side’s candidaces meet the critcna in this Aruclc shall be exchanged prior to any announcement on crew selections.

ARTICLE W TRAINING

1. Throughout chcir training prognms. Ihe Russian cosmonauuwll be based at the Johnson Space Center in Houston, Texas, and will be assigned to tie Asuonaur Office in the Flight Crew Opctations Diictorac. ‘Thc,NASA astronauts till be based at Yuri Gap-in Cosmonaut Training Facility (Star City3 in le Moscow Region. 2. At the beginning of the ualnlng prognms, each Party will require its candidates to enter into a Standards of Conduct Agreement wiUr Lhe other Party. which will include, inter aha. installation safccy and security maucrs. provisions related to prohibitions on use of position for privacc gain. authority of the Mission Commander, and limiudons on use of rnformadon received during uaining and flight. Each Party will ensure that ifs candl- dates comply with Ihe provisions of such an agreement 3. The candidates will have completed 111aspecu of the required uaining to rhe full and fmal satisfaction of the host Parry prior to cetication for flight. 4. By mutual agreement. the Parties wll tdendfy any support personnel required for the fhght cam&dates selected.

ARTICLE VI: SCIENCE

1. The Parries will establish a Scientific Working Group to coordinate appropnare scienufic experiments and activities to be conducted by each side on tie respective mir- lions. Designated working group members will be identified by each side whhin 30 days of the entry into force of this Implementing Agreement. Each Puty may modify the membership of its Scientific Working Group at iu diction. 2. Rcsulu of Lhe scientific expcrimenu conducted by each Party under this Implementing Agreement will be made available to the scientilic community in general 226 THE DEVELOPMENT OF IKTEPNATIONAL SPACE COOPERATION

through publication in approprlav journals of other estabhrhcd channels. In the event [5] such reports or pubhcauons are copyrighted, NASA and RSA shah have a royalty-kc right under the copyright to reproduce, diiuibuce and USC such copyighled work for Iheir own purpoSeS.

ARTICLE VII: IL4BIL.n-Y

1. A comprehensive cross-waiver of liability between the two Parucs and their related entities (e.g., conanors. subconuactors. and other participating entities associated with the Parties including any state from which RSA procnres a launch to carry out us obligations under this agreemmt) shall apply to the activiues under this agreemenr The crosswaiver of liabihty shall be broadly construed. The terms OCthe waiver are set out in Annex 2. 2. Except as provided in Annex 2. the Government of the United States and the Government of the Russian Federation will remain liable in accordance with the Convention on International Liability for Damage Caused by Space Objects (the liability Convention”) of March 29. 1972. In the event of a claim ting out of the Liability Convention, the governments will consult prompdy on any potential liability, on any appordonmmt of such liability, and on the defense of such claim.

ARTICLE VIII: INVENTION AND PATENT RIGHTS

1. With the exception of the intellectual property rights referred to in Artide X. Exchange of Technical Data and Goods. and subject to national laws and regulations. pro visions for the protection and allocation of intetlectnaI property rights created during the course of cooperation under this Implementing Agreement are set forth in Annex 1 of the June 17.1992 Agreement. 2. Except as set forth in pangnph 1, nothing in this Implementing Agreement shall be construed as gmnting or implying any rights to. or interest m. patents or mventions of the Parties or their cormactors and subconuactorr.

ARTICLE IE PUBLIC INFORMATION

Release of public informauon regarding these jomt acuvuic~ may bc made by the appropriate agency for tts own poruon of the prognm as desired and, unofar as partic- tpauon ol the other is mrolvcd. after suitable consuhauon

16) ARTJCLE X. EXCHANGE OF TECHNlC4.L DATA Ah’D GOODS Each Parv IS obhgatcd to transfer to the other Party only those ~cchmcal data and goods whtch both Parues agree arc necessary IO fulfill the rcsponsibihucs of the tmnslcr- rmg Party under this lmplcmcnung AgrccmcnL SubJccl to the following: 1 Intcrfacc. intcgmuon. training and safety data (excluding detailed dcstgn, manu- facun-mg, and processmg data. and associated softuarc) will be exchanged by the Parties wthout rcsuicuons as to use or dtsclosure, except as aherwtse rcsuicted by national laws or regulauons relating to export controls. 2. In the evmt a Party finds it necessary to transfer technical data ether than that spccikd in paragraph 1 above. in carrymg out its responsibihtics under this lmplemenung Agreement that are propneuuy, and for which protection is to be mam- tamed, such technical data ~111bc marled wth a noucc indrcating that n shall be used and tl~losed by the rrrrt\,ng Pxty and tts contrxrors and subcontrxrors only for dre purposes of fullillmg the rccctwtg Party’s rcsponstbthttcs under thts lmplcmcntmg Agreement. and that the techntcrtl data shall not be disclosed or rctmnsferrcd to anv other enuty without prtor wruten pcrmtssion of the furnishmg Party The rcccivlng Party rgrees to abtdc by the terms of the nottce. and to protect any such marked technical data from unmxhonzed use and disclosure. 3. In the cvcnt a Party tnds it necessary to transfer tcchniul data and goods rn carrying out-its responsibilities under this Implementing Agreement that arc ewport- controlleti. and for which protection is desired, the furnishing Party will mark such technical data with a notice and identify such goods. The notice or idcntiftcatiott till indicate that such tcchnicjl data and goods will be used and such technical data will be disclosed by the recetvtng Party and its cont.tactors and subcontractors only for the purposes of ful- filling the rccctrmg Party’s rcsponstbtlitics under this lmplemcnting AgXCmcnl. The notice or idcnulicatron wll also provide that such technical data wtll not be disclosed. 2nd such technical dam and goods will not be rctmttsfcrred. to any ocher enuty wtthour pnor wnttcn permission of the furnishing Party. The Parua will abide by the terms of the notice or idcnuliation and will protect any such marked technical data and idcnulicd g- 4. The Parties arc under no obligxion to ptucect any unmukcd technical data or unidcntdicd goods.

[i] ARTICLE XI. CUSTOhfS AND IBlMICRATlON

I. Each Party wll hciliwtc tbc movement of persons and goods necessary to implc- mcnt this Implcmcnting Agrcemcnt into and OULof its territory. subject to its law and rcg- ulxions. The RSA will take steps to expedite such movement of persons and goods to launch facilities it will utilize to fullill its obligations under rhii Implementing Agreement. 2. Subject to its laws and regulations. each Party will facilitate provision of the ttppro ptiatc entry and residence documentation for the other Party’s nntionals and families of nationals who enter, extt. or reside witbin its territory in order to arty out the activities under this implcmcnting Agreement. The RSA will take steps IO arrange for such provision for such activities at Ixtnch fxilitia it will utilize to fulftll its obligations under thts Implementing Agreement. S. The Parties agree to artange for free customs clcarancc for cntmnccs to, and extts from, their respective countries for equipment required for implementxion of the PCUII- tics described hcrcin. The l&A will take steps to artangc for such clcarrtnccs to and from launch fxilitics ttwill utilize to fullill its obligations under this Implementing Agreement.

ARTlCLE XII: SET-l-LFME~ OF DISPUTES

1. The Parties will consult promptly with each otber on all issues involving inrerpre- tation or implementation of thts Implementing Agreement In the case of a contmumg dispute, such matters will lint be referred to the Points of Contact identifted in Annex 1. 2. Any matter which has not been settled in accordance with the above paragraph will bc referred to the NASA Associate Administrator for Space Flight and the First Deputy of the Cemxtl Dtrector of the R!%, or their designees, for resolution. Issues not resolved at this level will be referred to the NASA Administrator and the RSA General Director. 228 THE DEVILOPLIEKT OF INTERNATIONM SPACE COOPEMTION

ARTICLE XIII: DURATION OF IMPLEMENTING AGREEhfENT

1. 7%~ Implementing Agreement will terminate five (5) years following its entry into force or upon completion of all acthities covered by this Implementing Agreement, whichcwr comes fust. This Implementing Agrecmcrn may be extended or amended by written agreement of the Parties. [S] 2. Eilher Party may terminate this lmplcmmting Agreement upon six months wit- ten notice to the other Parry. Termination of this Implementing Agreement shall not aIIect the Pardes’ continuing obligadons under Ardcles VII. VIII and X. unless otherwise agreed to by rhe Parties.

ARTICLE XN: ENTRY INTQ FORCE

This Implementing Agreement will enter into force upon an exchange of diplomatic notes between the Governments of Ihe United States of Amcrla and the Russian Fcderadon conlirming acceptance of its terms and that all necessary legal requirements for entry into force have been fuUillcd.

IN W’l?%SS WHEREOF the undersigned, being duly authorbed by their respective Governmenu. have signed Lhis Implementing AgrecmcnL Done at Moscow. in dupliate. thii 5th day of October, 1992. in Russian and English languages. both texts being equally authentic

Daniel S. Coldin nni Roptcv FOR THE NATIONAL AERONAUTICS FOR THE RUSSIAN SPACE AGENCY AND SPACE ADMINISTRATION OF THE RUSSIAN FEDERAlTON OF THE UNlTED SrATEs OF AMERICA I ! Dowmanl l-55 PI I . I Protocol to the Implementing Agreement Between the National Aeronautics and Space Administration of the United States of America and the Russian Space Agency of the Russian Federation on Space Flight Cooperation of October 5,1992 PREMIBLE The National Acronauucs and Space Admmisuauon (hcrcafw rckrrcd 10 as ‘NASA”) and Lhc Russian Space Agency (hcrcakr rcfcrrcd IO as ‘RSA”).Jomdy rclcrrcd to as ‘the Parues‘; Cawsccnt wth the Joint Statcmcnt on Coopcrauon m Spree lssucd by Vice I’rcsidcnt Core and Prime Mmiswr Chcrnomydin on Scpwm+ 2. 1993; desiring IO broaden thr scope of Ihe Implementing Agrccmcnt of October 5. 1992. on Human Space Right Cooperation (hcremafmr tic October 5. 1992 Agrccmcnt) to encompass an cxpandcd prognm of activ~tics for cooperation invoh-mg rhc Russian Mlr-I Spacc’?kation and tic U.S. Space Sbutdc Program; Ha\mg dccldcd chat the cnhanccd coopcnuvc program wll consist of a number of mwr-rclatcd projccu in IWOphases. E\PLOKI\C TI,E U~U.O\\S 231

Having dctcrmmcd rhat Phase One will mcludc those acuv~ucs dcscnhcd m the Octohcr 3, 1992. ~gTCUV2n~ and ~IIOW-I 2s the Shuttlc-Mlr Program, mcludmg the exchange of the Russnn Mlr-I crew and crew mcmbcr prruczpauon m ~omt mission KI- cncc. as well as addiuonal astronaut fhghu. Spxc Shuulc dochngs rvlrh Mlr-1, and other XtiViUCS. Havmg further determined that Phase Two of the enhanced coopcrauve program ~11 involve use of a Russian Mtr module of the next generation mated wnh a U.S. laboratory module operated on a human-tended basis in conjuncuon wtth the Space Shuttle. oper- aung in a 51.6 degree orbit which is ncccsstble by both U.S. and Russian resources. 10 pcr- form precursor acovides for future space station-related activ~ucs of each Parry. with launch to occur m 1997; and Intending Ihx acuviucs in Phase Two would bc effcctcd through subsquent spcafic agcemcnts bctwecn the Partics. Have agreed as follows:

[?] ARTICLE I: DESCRIPTION OF ADDlTlONAL ACl-MTlES

1. This Protocol forms an intcgnl part of the October 5.1992 Agreement. 2. An additional Russian cosmonaut flight on the Spxc Shutdc mll take phce in 1995. The back-up cosmonaut currently in tnining at NASXs Johnson Spxe Center will hc the primary cosmonaut for that flight, with the !%%60 primary cosmonaut acting as back-up. During this mission, the Shuttle will perform a rcndczvous -7th the Mir-I Space Station and w~vlllapproach to a safe distance. as dctermincd by rhc Flight Opcntions mnd Srtcms Integtauon Jotnt Working Group aublished pursuant to the October 5, 1992 Agreement. 9. The Space Shuttle will rendezvous and dock with Mir-1 in October-November 1995. and, if nccessry. the crew will include Russian cosmonauts. Mir-I quipmcnt. including power supply and life support sy~tcm elements, will also be carried. The crew wdl return on the same Space Shuttle mission. This mission will include acthides on Mir- 1 and posslblc cxuavehicular activities to upgrade solar arrays. The extnvehicular a&i- tics may involve astronauts of other international partnen of the Parties. 4. NASAdaignated astronauts will fly on the Mir-1 space station for an additional 21 months for a Phase One total of two years. This will include at least four astronaut flights. Additional flights will be by mutual agreement. 5. The Space Shuttle will dock with Mir-I up to ten omes. The Shuttle flights will be used for crew exchange. technological experiments, logstics or sample return. Some of those flights wdl be dedicated to resources and equipment necessary for life extenston of Mir-I. For schedule adjustments of less than twu we&, both sldcs agree to attempt 10 accommodate such adjustments without impacting the overall schedule of fhghu. Schedule adjustmenu of greater than two weeks will be resolved on a caseby- basis through consuhxions between NASA and RSA 6. A specific program of technological and scientific research. mcludmg uuliuuon of the Mir-1 Spektr and Pnroda modules. quipped ~th U.S. experiments. to undertake a wdcscalc research program. will be developed by the Mission Science Jomr WorLng Group established pursuant to the October 5, 1992 Agreement. The acuviues carried out in this propm will expand ongoing research in brotechnology, materials sciences. bt* medtcal scathes. Earth observations and technology. 7. Technology and engineering demonstrations applicable to future space slauon acuvlties will be deftned. Potential areas include but are not limited to: automated rendezvous and docking, electrical power systems, life supporb command and [3] control. 232 THE DEVELOPMENTOF I~RNATIONAL SPACECOOPERATION

microgmvity isolation system, and data management and collection. Joint crew operations wdl be examined as well. 8. The Parties consider it reasonable to initiate in 1993 the jomt development of a solar dynamic power system with a test flight on the Space Shuttle and Mir in 1996. the joint development of spacecraft environmental conaol and life support systems, and the joint development of a common space suit. 9. The Parties will initiate a joint crew medical support prognm for the benefit of both sides’ crew members, including the development of common standards, rquire- merits, procedures. databases, and countermeasures. Supporting ground systems may also be jointly operated, including telemcdicine Imks and other acuviua. 10. The Space Shuttle will support the above actiwties, including launch and return tnnsportation of hardware material. and crew members. The Shuttle may also support extravehicular and other space activities. 11. Consistent with U.S. law. and subject to the atihbihty of appropriated funds. NASA till provide both compensation to the RSA for services to be provided during Phase One in the amount of US $100 million in FY 1994. and additional funding of US $300 million for compensation of Phase One and for mutually-agreed upon Phase Two acti~itics will be provided through 1997. This funding will take place through subsequent NASA- RSA and/or through industry-teindustry artangcments. Reimbursable acthitia cowred by the above arrangements and described in patagnphs 38 will proceed after these arrangements are in place and after thii Protocol enters into force in accordance with Artidc III. Specific Phase One activities. schedules and financml plans will be induded in separate documents. 12. lmplcmcntation decisions on each part of this program will be based on the cost of each part of the program, relative benclits to each Party, and relationship to future space station activities of the Parks. 13. The addmonal activiucs will not tntcrfere ~9th or olhcrwisc affect any existing. mdcpcndcnt obhgations either Party may have to other mtcmaoonal parmcrs.

ARTICLE I!: JOINT IMPLEMENTATION TEAMS

The coordmauon and tmplcmcnulion of the acukcs dcscnbcd hcrcin will bc conducted through the Jomt Working Croups cscablished pursuant to the October 5, 1992 I Agrccmcnt or such othcrjomt bodies as may be cstabhshed b, mutual agreement

141 .mncu III ~mx~m-ro FORCE This Protocol ~111cntcr mto force upon an clchangc of diplomatic no&s bctwcen the Gxcrnmcnu of the Umtcd States of Arncnca and the Russian Fcdcraoon conlirmmg acccptancc of its terms and that all ncccssary legal rqulrcmcnu for cnuy into force have hccn fuliillcd

IN WITNESS WHEREOF the undersigned, being duly authorized by their respect& i Governments. have signed this Protocol. Done at Moscow, in duplicate. this sixteenth day of December. 1993. m the Enghsh and Russian languages, both text& being qually authenuc.

FOR THE NATIONAL AERONAUTICS FOR THE RUSSIAN SPACE AND SPACE ADMINISl-RATlON AGENCY OF THE UNITED STATES OF AMERlCYi OF THE RUSSIAN FEDERATION Damcl S Goldm Yun KopwI