MEMORANDUM OF UNDERSTANDING BETWEEN THE PHILIPPINE SPACE AGENCY OF THE REPUBLIC OF THE PHILIPPINES AND THE BRAZILIAN SPACE AGENCY OF THE FEDERATIVE REPUBLIC OF BRAZIL ON COOPERA…
– and –
BRAZILIAN SPACE AGENCY (Agência Espacial Brasileira, AEB) OF THE FEDERATIVE REPUBLIC OF BRAZIL, created by Law No. 8.854 dated 10 February 1994, is the institution responsible for formulating, coordinating and executing the Brazilian Space Policy, represented by its Administrator.
Hereinafter referred to collectively as “the Participants” and singularly as “Participant”;
CONSIDERING their mutual desire to develop cooperation in outer space activities to enhance the cooperation between the Republic of the Philippines and the Federative Republic of Brazil;
RECOGNISING their common interest in the cooperation, exploration and utilization of outer space for peaceful purposes;
CONSIDERING the involvement of both Participants in the development and application of space technology for meeting their respective goals of national development;
CONVINCED of the numerous benefits, especially in the field of economic, social, scientific, and technological development which would accrue from the coordination of their efforts in outer space activities and;
EMPHASIZING the joint interest of fostering joint research on Earth sciences and global change.
Have reached the following understanding:
Paragraph 1 – Purpose
1.1 The purpose of this Memorandum of Understanding (MOU) is to define the framework that will govern the cooperation between the Participants in scientific and technological research, and the exploration and use of outer space for peaceful purposes on the basis of equality, mutual benefit and reciprocity.
1.2 Cooperation activities will be implemented by each Participant in accordance with international law, as well as the laws and regulations of the State to which it belongs.
Paragraph 2 – Areas of Cooperation
2.1. The Participants agree that their cooperation under this MOU may include the following areas of interest:
(a) Earth Observation from Space and use of satellite information for studies related to the environment, natural resources, climate change and emergency management;
(b) Satellite systems development and their applications;
(c) Ground Infrastructure for space systems and their applications;
(d) Space education and training;
(e) Promotion of space industry;
(f) Space Law and Space Policy; and
(g) Other areas mutually identified and agreed upon by the Participants
Paragraph 3. Forms of Cooperation
3.1 The Participants understand that their cooperation in the areas of interest listed in Paragraph 2 may take the following forms, under conditions to be mutually agreed:
(a) planning and implementation of joint space projects;
(b) exchange of data from their respective satellite missions;
(c) exchange of ground support for their respective satellite missions;
(d) exchange of equipment, documentation, data, results of experiments and scientific and technological information;
(e) development of industrial and commercial programs in the areas of study and utilization of space systems;
(f) utilization of other space systems for the implementation of joint activities;
(g) exchange of scientists and technicians;
(h) education and training;
(i) organization of symposia, seminars, conferences and dedicated events;
(j) liaison with industrial, academic, professional and other organizations;
(k) cooperation in the areas of standardization, certification and methodology;
(l) consultations and cooperation with governmental bodies as well as with academic institutions and other organizations; and
(m) other forms of cooperation which the Participants, within their respective mandates, may mutually agree upon.
Paragraph 4. Coordination Management
4.1 In order to implement cooperation under this MOU, the Participants appoint the following personnel as Points of Contact:
PHILSA
Name: Atty. Noelle Riza D. Castillo, Director
Office: Space Policy and International Cooperation Bureau
Institution: Philippine Space Agency
Contact number: N/A
E-mail: spicb@philsa.gov.ph / sicd@philsa.gov.ph
AEB
Name: Márcia Alvarenga dos Santos, Head of the International Cooperation Office
Office: SPO Área 5, Quadra 3, Bloco A, 70610-200 Brasilia-DF
Institution: Brazilian Space Agency
Contact number: +55 (61) 2033-4185
E-mail: aci@aeb.gov.br
4.2 A Participant may change its Point of Contact by promptly notifying the other Participant in writing.
Paragraph 5. Implementing Arrangements
5.1 The Participants will conclude an “Implementing Arrangement” (IA) for each specific cooperation activity carried out under this MOU. Such IA will form part of this MOU as an annex. The specific cooperation activity shall be governed by this MOU and the particular terms and conditions set out in the IA, and shall be subject to the national laws, rules and regulations of the State it belongs.
5.2 This MOU is to be incorporated by reference in each IA, which shall be individually numbered. Each IA will define, inter alia, the rights, obligations, liabilities, ownership of intellectual property, if needed, and detailed financial aspects of the Participants’ cooperation, as well as other terms and conditions necessary for the implementation of the specific cooperation activity.
5.3 Each IA may, in addition to the agreements contained within this MOU, incorporate additional terms and conditions to be applicable to the particular cooperation activity, subject to the mutual agreement of the Participants, and provided they do not contradict this MOU.
5.4 The Participants will ensure that each IA sets forth the timing and scope of the specific forms of cooperation and any other matter as they may decide upon.
5.5 For the execution of each IA the Participants may mutually agree on the participation of third parties.
Paragraph 6. Confidentiality of Information
6.1 The Participants shall not disclose information exchanged to each other arising from cooperation activities that are undertaken pursuant to this MOU to a third party without the written consent of the Participant providing the information.
6.2 The Participants shall consult each other on and obtain consent in writing about public announcements concerning cooperation activities that shall be undertaken pursuant to this MOU.
Paragraph 7. Financial and Legal Considerations
7.1 This MOU does not create any legal or financial obligation for either Participants under international law.
7.2 It is understood that collaboration under this MOU will be pursued on a no-exchange-of-funds basis, unless specifically agreed upon in writing under an Implementing Arrangement (IA), and will be subject to the availability of their respective funds and resources, and also abiding by the approval processes of each Participant, and the national laws and regulations in their respective country. The no-exchange-of-funds mechanism will be regulated for each specific IA separately.
Paragraph 8. International Cooperation
8.1. This MOU shall not interfere with cooperative activities of any of the Participants with other parties and/or international organizations, nor with the compliance by any of the Participants with the obligations derived from their agreements with other parties and/or international organizations.
Paragraph 9. Resolution of Differences
9.1. Any differences concerning the interpretation or implementation of this MOU or Implementing Arrangements shall be resolved amicably by consultations between the Participants, through diplomatic channels.
Paragraph 10. Amendments
10.1. The Participants may amend this MOU upon their mutual written consent, through diplomatic channels. Such amendment shall take effect in accordance with Paragraph 11.1 hereof and shall form an integral part of this MOU.
Paragraph 11. Effectivity and Termination
11.1. This MOU shall take effect on the date of its signature by the Participants and shall remain valid for a period of five (5) years, unless terminated by one of the Participants in accordance with Paragraph 11.3 hereof.
11.2. Should one Participant experience major difficulties that may affect its ability to pursue cooperation under this MOU, that Participant shall promptly inform the other Participant. The Participants shall then consult in order to determine the appropriate steps to be taken under the circumstances.
11.3. Either Participant may terminate this MOU at any time by giving a written notice to the other Participant at least six (6) months prior to its intended date of termination.
11.4. The Participants understand that ongoing activities, at the time of expiry or termination of this MOU, shall not be affected, unless they mutually decide otherwise in writing.
IN WITNESS WHEREOF, the undersigned, duly authorized thereto, have signed this Memorandum of Understanding.
Done in Manila, Philippines on 23 August 2024, in two originals, each in the English and Portuguese languages, both texts being equally authentic. In case of any divergence of interpretation, the English version shall prevail.
Entry into Force: August 23, 2024