U.S.-European Collaboration in Space Science (1998)

MEMORANDUM OF UNDERSTANDING BETWEEN THE UNITED STATES NATIONAL AERONAUTICS AND SPACE ADMINISTRATION AND THE EUROPEAN SPACE AGENCY FOR THE INTERNATIONAL SOLAR POLAR MISSION

The United States National Aeronautics and Space Administration (NASA) and the European Space Agency (ESA), desiring to extend the fruitful cooperation developed in previous joint space projects, affirm their mutual interest in carrying out a further cooperative spacecraft project for peaceful scientific purposes. Accordingly, NASA and ESA will undertake a cooperative project, to be known as the International Solar Polar Mission (hereinafter referred to as the ISPM project), to send two instrumented spacecraft far out of the ecliptic plane of the solar system to conduct coordinated observations of the interplanetary medium and the Sun simultaneously in the northern and southern hemispheres of the solar system.

• (1)

  The primary objectives of the scientific mission will be to investigate, at the various solar latitudes out of the ecliptic plane of the solar system, the properties of the solar corona, the solar wind, the structure of the Sun-wind interface, the heliospheric magnetic field, solar and non-solar cosmic rays, and the interstellar/interplanetary neutral gas and dust. Secondary objectives of the mission include interplanetary physics investigations during the initial Earth–Jupiter phase, when the separation of the two spacecraft will be approximately 0.01 astronomical unit, and measurements of the Jovian magnetosphere during the Jupiter flyby phase.

• (2)

  The ISPM project involves the planned dual launching in early 1983 of the two spacecraft – one developed by NASA and the other by ESA – by the Space Transportation System (STS) on a single space shuttle mission with an Inertial Upper Stage (IUS) of suitable configuration. The two spacecraft, which will separate shortly after launch, will be directed towards Jupiter so that after Jovian encounter, one spacecraft will be carried out of the ecliptic plane into the northern solar

• system hemisphere in an elliptical orbit around the Sun, and the other spacecraft into the southern hemisphere. Both spacecraft will recross the plane of the ecliptic in their trajectories around the Sun. The planned duration of the mission from launch until passage of each spacecraft over both solar poles is approximately four and one–half years.

• (1)

  Following the coordinated NASA/ESA selection of investigations, the final experiment complement of the two spacecraft was established by mutual agreement between the NASA Associate Administrator for Space Science and the responsible ESA Director. Any changes in the scientific scope of the selected experiments or to the final experiment complement will be established by mutual agreement between the NASA Associate Administrator for Space Science and the ESA Director of Scientific Programs.

• (2)	In regard to the furnishing of the payloads of their respective spacecraft, ESA and NASA will make direct arrangements with the selected Principal Investigators, their institutions or their funding authorities, as determined by each agency's procedures.

To carry out this project, NASA will use its best efforts to:

• (a)	carry out mission analysis and design jointly with ESA;

• (b)	design, fabricate, integrate and test one of the two spacecraft (hereinafter called the NASA spacecraft);

• (c)	provide all U.S. origin scientific instrumentation and documentation for both spacecraft, as jointly agreed pursuant to Article 3(1), in accordance with the jointly agreed schedule as described in the mutual interface document;

• (d)	integrate into its spacecraft the scientific instruments as jointly agreed pursuant to Article 3(1);

• (e)	conduct, as appropriate with ESA prior to launch, radio frequency data tests to ensure compatibility of the NASA spacecraft with the ground network interface, with the Deep Space Network, and with the Tracking and Data Relay Satellite System, if support is required by the project;

• (f)	mate and test the two spacecraft for launch, jointly with ESA;

• (g)	integrate the two mated spacecraft with the Space Shuttle and IUS vehicles;

• (h)	provide all launching services for the two mated spacecraft by a Space Shuttle with IUS of suitable configuration together with necessary ground support equipment;

• (i)	conduct all in–orbit operations of its spacecraft;

• (j)	provide tracking and data acquisition support by the NASA Deep Space Network stations;

• (k)	provide control center facilities and personnel during the mission lifetime, and accommodate ESA control center personnel as mutually agreed;

• (l)	process and distribute to all principal investigators and to ESA acquired data in a format to be mutually agreed, and provide all data records of the ESA spacecraft to ESA;

• (m)	provide such information in a mutually agreed form as ESA may need to prepare operational software for its spacecraft;

• (n)	provide Radioisotope Thermoelectric Generators, suitable simulators and associated ground support equipment to ESA for its spacecraft; and

• (o)	provide technical advice and consultation, as mutually agreed.

To carry out this project, ESA will use its best efforts to:

• (a)	carry out mission analysis and design, jointly with NASA;

• (b)	design, fabricate, integrate and test one of the two spacecraft (hereinafter called the ESA spacecraft);

• (c)	provide its own scientific instrument and documentation, as jointly agreed pursuant to Article 3(1), in accordance with the jointly agreed schedule as described in the mutual interface document;

• (d)	integrate into its spacecraft the scientific instruments as jointly agreed pursuant to Article 3 (1);

• (e)	deliver the spacecraft, together with necessary ground support equipment, to a designated site in the United States for integration with the NASA spacecraft in accordance with the schedule described in the mutual interface document;

• (f)	conduct, as appropriate with NASA prior to launch, radio frequency data tests to ensure compatibility of the ESA spacecraft with the ground network interface, with the Deep Space Network, and with the Tracking and Data Relay Satellite System if support is required by the project;

• (g)	mate and test the two spacecraft for launch, jointly with NASA;

• (h)	provide personnel for duty at the NASA control center for control of the ESA spacecraft, and meet all incremental costs to NASA for extraordinary control center operations which ESA may request to control or manage its spacecraft, as agreed in the mutual interface document; and

• (i)	provide technical advice and consultation, as mutually agreed.

In addition ESA will be responsible for decision-making for all in orbit operations of the ESA spacecraft.

• (1)

  Each Agency will designate a Project Manager. The Project Manager will be responsible for coordinating the responsibilities of each Agency under this Memorandum of Understanding with respect to the other. They will co-chair an ISPM Joint Working Group (JWG), which will monitor the project and constitute the principal interface between the scientific and technical requirements of the mission. The JWG will meet at least twice a year. In principle, such meetings will be scheduled equally in the U.S. and in Europe.

• (2)

  The two Project Managers will prepare and approve the NASA/ESA ISPM mutual interface document. This document will contain interface requirements, references to necessary documentation and software, delivery schedules, mated or joint test plans, and such other technical information as the Project Managers deem to be necessary.

• (3)	The Project Managers will also decide all issues where this Memorandum of Understanding calls for mutual agreement. If they are unable to come to an agreement on a particular issue, the issue will be resolved by mutual agreement between the NASA Director of Solar- Terrestrial Programs and the

	responsible ESA official. If agreement is not reached, the matter will be referred to the NASA Associate Administrator for Space Science and the ESA Director of Scientific Programs. Should the latter be unable to resolve the issue, the provisions of Article 18 will apply.
(4)	Each agency will designate a Project Scientist who will represent all investigators participating in the project, maintain close liaison with his respective counterpart and ensure the compatibility of the overall mission with the scientific objectives. The two Project Scientists will be members of the JWG.

Final determination of the readiness of the two spacecraft for launching will be a joint decision of ESA and NASA based on an agreed series of reviews as described in the mutual interface document. Such reviews will be conducted by each Agency for its respective spacecraft with agreed representation from the other Agency. The final flight readiness review of the two mated spacecraft will be conducted by a joint panel with co-chairmen designated by the NASA Associate Administrator for Space Science and the ESA Director of Scientific Programs.

• (1)

  In view of NASA's responsibilities for integration and operation of the STS, the NASA Project Manager will be responsible for ensuring that the dual spacecraft and scientific instruments conform with all STS payload accommodation and safety requirements. The requirements and standards, including any waivers thereto, will be referenced as part of the mutual interface document.

• (2)	ESA will ensure that its spacecraft including payload instruments conform to STS payload accommodation and safety requirements. NASA will assure internal conformance with the STS payload accommodation and safety requirements for the items provided under Article 4.

• (3)	The Project Managers will supply to each other such documentation as is necessary to carry out their tasks in this respect.

An ISPM Scientific Working Team (SWT) will be established under the co-chairmanship of the two Project Scientists. Principal Investigators of on board experiments and of

theoretical and interdisciplinary investigations, plus the radio science Team Leader, will be members of the SWT. Its purpose will be to assist the JWG in implementing the scientific objectives of the Project, to coordinate exchange of data among all ISPM investigators, and to facilitate the contribution of data from the mission to interplanetary, solar and Jovian studies. The SWT will meet at appropriate intervals during the lifetime of the mission, both before and after launch. In principle, such meetings will be scheduled equally in the U.S. and Europe.

First publication rights to data obtained from a Principal Investigator's instrument will reside with the Principal Investigator for one year from receipt of processed data and necessary spacecraft information in a form to be recommended by the SWT and to be agreed by the JWG prior to launch. Arrangements for provision of such data to Principal Investigators of the theoretical and interdisciplinary investigations will be recommended by the SWT for implementation by the JWG. Following the period of first publication rights, records or copies of reduced data will be deposited in the U.S. National Space Science Data Center (NSSDC), with the Data Library of the European Space Operations Center (ESOC), and will be listed with the World Data Center for Rockets and Satellites. Such records will then be made available to interested scientists, upon reasonable request, by the World Data Center.

Scientific results of the mission will be made available to the public through publication in appropriate scientific and technical journals and other established channels, and through publication of final engineering and scientific reports by NASA and ESA, to be placed in the NSSDC and the Data Library of ESOC. In the event that such reports or publications are copyrighted, ESA and NASA shall have a royalty-free right under the copyright to reproduce and use such copyrighted work for their own purposes.

Each Agency will bear the full cost of discharging its respective responsibilities, including travel and subsistence for its own personnel and transportation charges on all equipment and flight hardware for which it is responsible.

It is understood that the ability of NASA and ESA to carry out their obligations under this Memorandum of Understanding is subject to their respective funding procedures.

ESA and NASA will use their best efforts to arrange free customs clearance for all equipment required in this project. NASA will use its best efforts to facilitate the issuance of visas for ESA personnel including contractors and non-U.S. investigators participating in the project.

Each Agency may release public information regarding its own portion of the project as desired and, insofar as the participation of the other Agency is concerned, after suitable coordination. Each Agency will assure that the extent of its participation in the project is appropriately recorded in still and motion photography and that such photography is made available to the other Agency for public information purposes in a format to be mutually agreed.

• (1)

  NASA and ESA agree that, with respect to injury or damage to persons or property involved in STS operations undertaken pursuant to this Memorandum of Understanding, neither NASA nor ESA, nor any person who has contracted with ESA or NASA for STS services or owns property to be flown on the Shuttle, shall make any claim with respect to injury to or death of its own or its contractor's or subcontractor's employees or damage to its own or its contractor's or subcontractor's property caused by NASA, ESA or any other person involved in STS operations, whether such injury, death or damage arises through negligence or otherwise.

• (2)

  In the event of damage to other persons or property, for which damage there is liability under international law or the principles of the Convention on International Liability for Damage Caused by Space Objects, NASA and ESA shall consult promptly on an equitable sharing of any payments that have been or may be agreed in settlement. If agreement is not reached within 180 days, the two Agencies will act promptly to arrange for early arbitration to settle the sharing of such claims following the 1958 model rules on arbitral procedure of the International Law Commission.

• (1)

  In order to avoid any possible interruption to the conduct of this cooperative project which might arise from patent infringement litigation in U.S. Courts, NASA hereby gives authorization and consent (without prejudice to any rights of indemnification) for all use and manufacture by ESA of any invention described in and covered by a patent of the United States in the performance of any obligations under this Memorandum of Understanding, including the performance of any such obligations by any contractor or subcontractor, providing such use and manufacture is confined entirely to the discharge of the obligations of this Memorandum of Understanding.

• (2)

  In the event any liability is incurred by the U.S. Government for the practice of inventions covered by privately owned U.S. patents, either as royalties owed under an existing patent license inuring to the benefit of NASA or as judgment and litigation costs resulting from a suit for patent infringement in the U.S. Court of Claims, and such liability is incurred as a result of ESA's and/or any of its contractors' or subcontractors' performance of obligations under this Memorandum of Understanding, or as a result of NASA's use under this Memorandum of Understanding of the items furnished by ESA under this Memorandum of Understanding, ESA agrees to indemnify NASA or any other U.S. Agency against, and make reimbursement for, such royalties and/or costs. ESA shall provide such information and assistance as it has available in the defense of any such patent infringement suit brought in the U.S. Court of Claims.

• (1)	Any disputes in the interpretation or implementation of the terms of this Memorandum of Understanding shall be referred to the NASA Administrator and the Director General of ESA for settlement.

• (2)	Should the NASA Administrator and the Director General of ESA be unable to resolve such disputes, they will, if Parties so agree, be submitted to such other form of resolution or arbitration as they will agree.

Each party may propose to the other amendments to this Memorandum of Understanding in writing. Agreements on such amendments shall be established by the parties in the form of riders to this Memorandum of Understanding.

This agreement shall enter into force on the date when both the NASA Administrator and ESA Director General have signed it, and shall remain in effect for a period of five years after launch of the ISPM spacecraft and for such additional periods as mutually agreed. The termination of the ISPM project will be mutually agreed by NASA and ESA.

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For the National Aeronautics and Space Administration

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For the European Space Agency

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