Embassy of the United States, Sofia Bulgaria

Treaties

Mapping

Signed at Washington May 13, 1998
Entered into force May 13, 1998

BASIC EXCHANGE AND COOPERATIVE AGREEMENT BETWEEN THE NATIONAL IMAGERY AND MAPPING AGENCY THE DEPARTMENT OF DEFENSE OF THE UNITED STATES OF AMERICA AND THE MINISTRY OF DEFENSE OF THE REPUBLIC OF BULGARIA FOR TOPOGRAPHIC MAPPING, NAUTICAL AND AERONAUTICAL CHARTING, SAFETY TO FLIGHT AND SEA NAVIGATION INFORMATION, GEODESY AND GRAVIMETRICS, DIGITAL DATA, AND RELATED GLOBAL GEOSPATIAL INFORMATION AND SERVICES

The Department of Defense of the United States of America and the Ministry of Defense of the Republic of Bulgaria, hereinafter referred to as the "Parties", agree to the exchange and co production of topographic maps, nautical and aeronautical charts, safety to flight and sea navigation information, geodetic and gravimetric data, digital products/data, and related Global Geospatial Information and Services (GGI&S) products and data, publications, specifications, provision of technical assistance, provision of training, and administration. Parties agree to the terms, procedures, and obligations set forth in this Agreement.

ARTICLE I

PURPOSE

The purpose of this Agreement is to articulate the basic principles and obligations of mutual assistance, training, exchange, co production, and cooperation between the National Imagery & Mapping Agency (NIMA), Department of Defense of the United States of America and the Military Topographic Service (MTS), Bulgarian Armed Forces, in topographic mapping, nautical and aeronautical charting, safety to flight and sea navigation information, geodesy and gravimetrics, digital products/data, administration, and related GGI&S, publications, and specifications for the development, standardization, and interoperability of products, procedures and equipment for satisfaction of mutual and individual national defense GGI&S requirements, goals, and objectives.

ARTICLE II

COOPERATION OBJECTIVES

The objectives of this mutual cooperation are to:

A. Provide technical assistance to each other in the production and exchange of topographic maps, nautical and aeronautical charts, safety to flight and sea navigation information, geodetic and gravimetric data, digital products/data, and related GGI&S products and data required for the achievement of national defense goals and objectives of both governments, and to exchange related GGI&S products and data deemed and agreed to be necessary for this purpose.

B. Provide cooperation in the measurement and evaluation of data relevant to topographic maps, nautical and aeronautical charts, safety to flight and sea navigation information, digital products/data, production utilizing this data, loaning of equipment and GGI&S products and data, and exchange of information on infrastructure required for storage and distribution of products used for various purposes and related materials as required.

C. Exchange technical and procedural information for standardization of methods and procedures of collection, evaluation, processing, and production of relevant cartographic data in order to facilitate exchange and to achieve standardization and interoperability of data, processes, products, and equipment.

D. Provide technical assistance and exchange information relevant to geodetic developments, processes, and production techniques related to the Global Positioning System (GPS) and the World Geodetic System (WGS).

E. Establish, coordinate, and cooperate in mutually agreed upon training programs in relevant GGI&S disciplines to achieve the objectives of this Agreement.

ARTICLE III

IMPLEMENTING ANNEXES

The terms, procedures, obligations, and technical details for the subjects mentioned in Article II above shall be described and set forth in specific individual "Implementing Annexes." For the purposes of execution of the Implementing Annexes, "Party" means either NIMA or the Military Topographic Service of the Bulgarian General Staff (MTS) of the Ministry of Defense of the Republic of Bulgaria

A. Each Implementing Annex shall articulate the specific purpose, obligations, terms, exchange or co production procedures, responsibilities of each Party, quantities of products, and other related GGI&S matters as agreed upon by both Parties.

B. The Implementing Annexes related to topographic mapping, nautical and aeronautical charting, safety to flight and sea navigation information, geodesy and gravimetrics, digital products/data, administration, and related GGI&S products and data will be negotiated and concluded between NIMA and MTS, on behalf of the Parties to this Agreement.

C. The Implementing Annexes shall include no provision inconsistent with this Agreement and will comply with national restrictions which may be in effect on the entrustment of materials and products/data to be provided or exchanged. The accomplishment of these Implementing Annexes will be in accordance with the existing and developing capabilities of both Parties, subject to the availability of GGI&S resources (equipment, personnel, facilities, and finances).

ARTICLE IV

MUTUAL OBLIGATIONS

Mutual obligations under this Agreement are that:

A. Unless specifically prohibited, either Party may reproduce the GGI&S products and data received from the other Party. Matters related to reproduction, copyrights, and release restrictions shall be separately addressed in the Implementing Annexes.

B. In the exchange and co production of topographic maps, nautical and aeronautical charts, safety to flight and sea navigation information, reproduction materials, geodetic and gravimetric data, digital products/data, and related GGI&S products and data, the Parties agree to comply with the restrictions concerning use, reproduction, and distribution imposed by the providing Party.

C. Topographic maps, nautical and aeronautical charts, reproduction materials, geodetic or gravimetric data, digital products/data, or related GGI&S products and data, including parts thereof or information extracted there from, furnished by one Party to the other may be furnished to any federal or civilian government agency of the recipient Party, but not to any element of a third nation without the prior written approval of the furnishing Party, unless specifically authorized in the relevant Implementing Annex. However, the exchanged or co produced GGI&S products and data can be utilized by the Department of Defense/Ministry of Defense of both Parties in accordance with the purpose of this Agreement. Either Party may disclose information obtained pursuant to this Agreement to national defense contractors without the prior written approval of the other Party contingent upon the release restrictions imposed by the providing Party being binding upon the contractor. Each Party will take all necessary measures available to it under its laws and regulations to keep from disclosing information without the prior written consent of the other Party.

D. No facility will be employed pursuant to this Agreement where the financial, administrative, policy, or management control of such facility is directed by an element other than those of the Parties to this Agreement without the prior written approval of the originating Party.

E. All personnel involved in the execution of the Implementing Annexes to this Agreement will remain under the administration and control of the appointed representative of the providing Party.

F. Parties agree to establish a procedure in an Implementing Annex to annually measure the degree of satisfaction of the terms and obligations of this Agreement and Implementing Annexes for products/services exchanged and/or co produced items.

ARTICLE V

FINANCIAL PROVISIONS

This Agreement is designed to eliminate, insofar as possible, payment in cash for the products or services exchanged. Each Party shall bear the costs it incurs for performing, managing, and administering its activities under this Agreement and shall be included as part of each Party's contribution to the support of the Agreement. These costs include salaries, travel, and daily costs for its own personnel. Variations from this financial provision will be addressed in the specific Implementing Annex as required.

A. A Party shall promptly notify the other Party if available funds are not adequate to fulfill this Agreement. If a Party notifies the other Party that it is terminating or reducing its funding in support of this Agreement, both Parties shall immediately consult with a view toward continuation on a mutually agreed modified basis.

B. All costs of packing materials, mailing, and shipping of GGI&S products and data will be borne by the transmitting Party.

ARTICLE VI

GGI&S EQUIPMENT

Either Party may provide GGI&S equipment identified as being necessary for executing the Agreement to the other Party. All GGI&S equipment that is loaned or transferred shall be used by the receiving Party only for the purposes set out in this Agreement and according to the terms of a separate loan agreement.

A. GGI&S related equipment utilized or loaned in the execution of an Implementing Annex to this Agreement will remain under the ownership of the providing Party and under the control of its appointed representative.

B. Parties agree that GGI&S related equipment will only be loaned to MTS under the condition that the equipment will be free of any Bulgarian custom taxes or tariffs.

ARTICLE VII

SECURITY

It is the intent of the Parties that all efforts under this Agreement and the Implementing Annexes shall be conducted at the unclassified level.

ARTICLE [*9] VIII

THIRD PARTY SALES AND TRANSFERS

Neither Party shall sell, transfer title to, disclose, nor transfer possession of GGI&S equipment or data provided by the other Party to any Third Party without the prior written consent of the Party which provided such GGI&S equipment or data except as noted in ARTICLE IV, para. C. The providing Party shall be solely responsible for authorizing such transfers and, as applicable, specifying the method and conditions for implementing such transfers.

ARTICLE IX

LIABILITY

The Agreement Among the States, Parties to the North Atlantic Treaty and the other States Participating in the Partners for Peace Regarding the Status of Their Forces, dated 7 July 1995, shall apply to members of the U.S. forces and the civilian component participating in activities under this Agreement.

ARTICLE X

CUSTOMS, DUTIES, IMPORT/EXPORT TAXES, AND OTHER CHARGES

Payment of Customs, duties, import and export taxes, and other similar expenses is arranged as follows.

A. To the extent allowable by the applicable national laws of their countries, the Parties shall endeavor to gain exemptions from taxes, duties, and similar costs and import and export restrictions in connection with the fulfillment of this Agreement.

B. Each Party shall do everything in its power to make the process of paying customs duties, export and import taxes, and other charges as quick and as inexpensive as possible. If said taxes, duties, or similar fees are collected, the Party in whose country they are in effect shall bear the expenses.

ARTICLE XI

SETTLEMENT OF DISPUTES

Parties agree that disagreements between the Parties arising under or relating to this Agreement or any of the Implementing Annexes shall be resolved only by consultation between the Parties and shall not be referred to an individual, to any international tribunal, nor to any other forum for settlement.

ARTICLE XII

OTHER MATTERS

Parties agree that:

A. Transmittal documents will be used for the shipment of GGI&S products and data provided by either Party. One of three copies of the transmittal documents for GGI&S products and data will be forwarded to the consignee by mail as an advance notices of the shipment and the other two copies will be enclosed in the shipment of the GGI&S products and data.

B. GGI&S products and data exchanged between NIMA and MTS will be clearly marked "US/BG bilateral GGI&S Agreement Exchange Material (No monetary value)."

C. Related correspondence to and from NIMA will be through the Office of the Defense Attache, U.S. Embassy, Sofia, Republic of Bulgaria. Agreement related correspondence to and from the MTS will be through the Defense Attache, Republic of Bulgaria Embassy, Washington, D.C.

D. Costs of mailing and packing materials will be borne by the transmitting Party.

E. Actions pursuant to this Agreement will be carried out on behalf of the Department of Defense of the United States of America and the Ministry of Defense of the Republic of Bulgaria by the designated agencies identified in the individual Implementing Annexes.

ARTICLE XIII

VALIDITY/CHANGES/TERMINATION

The validity of, changes to, or termination of this Agreement and any Implementing Annex shall be in accordance with the following:

A. This Agreement and all Implementing Annexes shall enter into force on the last date of signature. This Agreement is concluded for an unlimited period of time, unless terminated in accordance with procedures contained in this Article.

B. Either Party may propose in writing to review, amend, or terminate the Agreement or any of the Implementing Annexes. In such a case, consultations between the concerned Parties will be immediately initiated. If no resolution is achieved in the consultations within three months, either Party may then unilaterally terminate the Agreement or the Implementing Annex by providing written notification six months in advance of the effective date of termination to the other Party. Procedures governing the mutual return of any equipment and materials within this period shall be articulated in the specific Implementing Annexes.

C. Whenever any of the Parties considers that the other Party does not or can not comply with the terms of the Agreement or the Implementing Annexes, consultation may be requested in writing by that Party and such consultations shall be initiated immediately. If no mutual understanding can be achieved in the consultation within 30 days, either Party may then unilaterally terminate this Agreement or the Implementing Annex by providing written notification six months in advance of the effective date of termination to the other Party.

D. Termination of the Agreement automatically terminates any and all Implementing Annexes. Termination of an Implementing Annex does not automatically terminate the Agreement.

E. In the event of termination of this Agreement or any Implementing Annex, both Parties agree to prepare a joint, mutually agreed to "Termination Protocol" which will include procedures for satisfying uncompleted obligations arising during the period the Agreement or Implementing Annex was in force. Further, the Parties agree to continue to comply with all restrictions imposed on the GGI&S products and data furnished one Party by the other even after termination unless otherwise mutually agreed.

F. IN WITNESS WHEREOF, the undersigned, being duly authorized, have signed this Agreement. This Agreement is signed in duplicate in the English and Bulgarian languages, each of which shall be of equal authenticity. One copy in each language shall be duly signed and exchanged between both Parties.

Done in Washington, D.C., United States of America, this 13th day of May 1998.

FOR THE DEPARTMENT OF DEFENSE OF THE UNITED STATES OF AMERICA
Mr.. Edward J. Obloy
General Counsel
National Imagery and Mapping Agency

FOR THE MINISTRY OF DEFENSE OF THE REPUBLIC OF BULGARIA
Nikolai Ivanov
Colonel, Bulgarian Armed Forces
Chief of MTS

IMPLEMENTING ANNEX A TO THE BASIC EXCHANGE AND COOPERATIVE AGREEMENT FOR TOPOGRAPHIC MAPPING, NAUTICAL AND AERONAUTICAL CHARTING, SAFETY TO FLIGHT AND SEA NAVIGATION INFORMATION, GEODESY AND GRAVIMETRICS, DIGITAL DATA, AND RELATED GLOBAL GEOSPATIAL INFORMATION AND SERVICES BETWEEN THE DEPARTMENT OF DEFENSE OF THE UNITED STATES OF AMERICA AND MINISTRY OF DEFENSE OF THE REPUBLIC OF BULGARIA

TOPOGRAPHIC MAPS, GEODETIC AND GRAVITY DATA, AND RELATED GLOBAL GEOSPATIAL INFORMATION AND SERVICES

1. PURPOSE

The purpose of this Implementing Annex is to define arrangements for the exchange of topographic maps, geodetic and gravity data, and related GGI&S materials of mutual interest pursuant to the Basic exchange and cooperative agreement for topographic mapping, nautical and aeronautical charting, safety to flight and sea navigation information, geodesy and gravimetrics, digital data, and related global geospatial information and services (GGI&S), between the Department of Defense of the United States of America and the Ministry of Defense of the Republic of Bulgaria. "Party" means, when referring to this Implementing Annex, either the Department of Defense of the [*15] United States of America or the Ministry of Defense of the Republic of Bulgaria; for the purposes of execution, "Party" means either the National Imagery and Mapping Agency (NIMA) or the Military Topographic Service (MTS). In furtherance of this mutual objective, the Parties agree to the terms, procedures, and obligations set forth in this Implementing Annex.

2. MATERIALS TO BE EXCHANGED/PROVIDED

All materials provided/exchanged under this Annex will be specified according to Section 8 "Appendices" and sent to the receiving Party according to the shipping instructions in Section 5 - "Shipment of Materials."

a. Library Copies of Topographic Maps: Library copies of topographic maps provided for in applicable Appendices to this Implementing Annex will automatically be supplied by either Party to the other without charge. Additional copies of these topographic items may be provided by either Party to the other upon request.

b. Reproduction Materials: One set of stable base film reproduction material (film positive or negative print sets or color separates, as agreed, and/or digital repro material if desired and available) for each sheet of the topographic map series provided for in applicable Appendices to this Implementing Annex will be provided by either Party to the other upon request. Reproduction materials provided by either Party may be used by the other Party to print stock for its use without prior written authorization from the original producing Party.

c. Geodetic and Gravity Data: Releasable geodetic and gravity data accomplished by governmental or civilian organizations or activities will be exchanged upon request.

d. Catalogs, Specifications and Technical Publications: Library copies of such publications will be exchanged as specified in applicable Appendices to this Implementing Annex without charge to either Party. Additional copies of specifications and publications may be provided by either Party to the other upon request.

e. Geographic Names Information: Geographic names information, gathered by government or civilian organizations will be exchanged as specified in applicable Appendices to this Implementing Annex without charge to either Party.

3. TECHNICAL ASSISTANCE AND TRAINING

To ensure conformance and interoperability of The Republic of Bulgaria's GGIS products to United States of America GGIS standards, NIMA agrees to make available (provide) the following services:

a. Technical Assistance

(1) If requested, NIMA will perform a preliminary assessment of the Republic of Bulgaria's technology with full cooperation of the MTS and provide MTS with a written assessment of technology and training needs.

(2) Upon the mutual agreement of the Parties, NIMA will provide technical services on a schedule mutually agreed upon.

(3) Each Party will permit visits to its Government establishments, agencies and laboratories by employees of the other Party provided that the visit supports the provisions of the Basic Agreement/Implementing Annex and is authorized by both Parties.

(4) Additional requests for technical assessment and assistance by one Party to a facility of the other Party will be coordinated through official channels and conform with the established visit procedures of the host country.

b. Training

(1) NIMA may offer tuition-free formal training at the NIMA College Defense Mapping School (DMS), Ft. Belvoir, Virginia, USA to support the topographic mapping and charting production process. Transportation and per diem costs will be borne by the sending country unless otherwise stated. All instruction by the Defense Mapping School will be in the English language.

(2) Mobile Training Teams (MTTs) for some courses can also be provided tuition free and can be taught as available and mutually agreed.

(3) Course Catalogs of the Defense Mapping School will be provided to MTS on a yearly basis so that appropriate courses can be identified for consideration.

4. RELEASE AND COPYRIGHT RESTRICTIONS

a. NIMA will honor the copyright, trademark use and release restrictions on all GGI&S products and materials provided by MTS relevant to this Implementing Annex in accordance with specific guidance from MTS at the time the GGI&S products and materials are transmitted to NIMA. MTS will honor the copyright and release restrictions on all GGI&S products and materials provided by NIMA relevant to this Implementing Annex in accordance with specific guidance from NIMA at the time the GGI&S products and materials are transmitted to MTS.

b. MTS grants to NIMA an unlimited use license on MTS produced GGI&S materials that will be used as source materials by NIMA in production of hardcopy or softcopy products for use by the Government of the United States of America. NIMA grants to [*19] MTS an unlimited use license on NIMA produced GGI&S materials that will by used as source materials by MTS in production of hardcopy or softcopy products for use by the Government of the Republic of Bulgaria.

c. All exchanged or co produced GGI&S provided to NIMA under the terms of the Agreement and the Implementing Annexes may be provided by NIMA to multinational, coalition, or other combined operations forces nations for defense, humanitarian, peacekeeping and related activities.

5. SHIPMENT OF MATERIALS

a. All shipments of GGI&S materials by either Party to the other will be accompanied by appropriate transmittal documents that list the contents of the shipment.

b. All material to be exchanged under this Implementing Annex will be sent free of freight charges. All shipment costs will be borne by the sending Party.

c. All packages will be clearly marked with the notation "UNITED STATES/REPUBLIC OF BULGARIA BILATERAL GGI&S AGREEMENT EXCHANGE MATERIAL- NON REIMBURSABLE."

d. The following addresses should be used for shipments of GGI&S products or equipment:

(1) UNITED STATES:

(a) For policy:
National Imagery and Mapping Agency
ATTN: GIOE, Mail Stop A-20
8613 Lee Highway
Fairfax, VA 22031-2137 USA
TELEPHONE: (703) 275-8552
FAX: (703) 275-8465

(b) For Topographic Materials (maps/charts, reproduction, materials gazetteers, catalogs, specifications, and publications):
National Imagery and Mapping Agency
ATTN: GIMSA, Mail Stop D-58
4600 Sangamore Road
Bethesda, MD 20816-5003 USA

(c) For gravity data
National Imagery and Mapping Agency
ATTN: GIMGB Mail Stop L-41
3200 South Second St.
St. Louis, MO 63118-3399 USA

(d) American Embassy:
Defense Attache
American Embassy
1 Saborna St.
Sofia, Bulgaria
TELEPHONE: 359-2-980-5241/8
FAX: 359-2-981-8977

(2) REPUBLIC OF BULGARIA:

Military Topographic Service
34, Totleben Boul.
1606 Sofia
Republic of Bulgaria
TELEPHONE: 359-2-44-35-83
FAX: 359-2-980-46-91

6. REVISIONS

Transmittals of new indexes and notification by either Party of discontinued topographic maps or related GGI&S publications will automatically constitute revisions to this Implementing Annex without requiring re-negotiation. Modifications to this Implementing Annex may be effected by the exchange of formal correspondence. Mutually agreed upon formal correspondence will become part of this Implementing Annex.

7. [*21] RETURN OF MATERIALS

In the event of termination of the Basic Agreement or this Implementing Annex, all topographic maps and related GGI&S materials, excluding GGI&S materials on loan, that have already been exchanged need not be returned and will remain the property of the holder unless otherwise agreed.

8. APPENDICES

Details concerning the materials and data to be exchanged/provided are specified in Appendices to this Annex, agreed upon and concluded between NIMA and MTS, on behalf of the Parties. Appendices may be added to this Implementing Annex without re-negotiation of the Basic Agreement or this Implementing Annex.

9. VALIDITY

This Implementing Annex will enter into effect on the date of the last signature and will remain in effect in accordance with ARTICLE XIII, "ENTRY INTO EFFECT, AMENDMENT, DURATION, AND TERMINATION" of the Basic Agreement.

10. SIGNATURES

IN WITNESS WHEREOF, the undersigned, being duly authorized, have signed this Implementing Annex. Done in duplicate, in the English and the Bulgarian languages, each of which shall be of equal authenticity. One copy in each language will be duly signed and exchanged between the Parties.

FOR THE DEPARTMENT OF DEFENSE OF THE UNITED STATES OF AMERICA

Mr.Edward J. Obloy
General Counsel
National Imagery and Mapping Agency

This 13th day of May, 1998
Washington, D.C.
United States of America

FOR THE MINISTRY OF DEFENSE OF THE REPUBLIC OF BULGARIA

Nikolai Ivanov
Colonel, Bulgarian Armed Forces
Chief of MTS

This 13 day of May, 1998
Sofia, Republic of Bulgaria

IMPLEMENTING ANNEX D TO THE BASIC EXCHANGE AND COOPERATIVE AGREEMENT FOR TOPOGRAPHIC MAPPING, NAUTICAL AND AERONAUTICAL CHARTING, SAFETY TO FLIGHT AND SEA NAVIGATION INFORMATION, GEODESY AND GRAVIMETRICS, DIGITAL DATA, AND RELATED GLOBAL GEOSPATIAL INFORMATION AND SERVICES BETWEEN THE DEPARTMENT OF DEFENSE OF THE UNITED STATES OF AMERICA AND MINISTRY OF DEFENSE OF THE REPUBLIC OF BULGARIA

DIGITAL DATA EXCHANGE

1. PURPOSE

a. The purpose of this Implementing Annex is to define arrangements for the exchange of digital data, related GGI&S materials, and provisions for co production and technical support (when applicable) pursuant to the Basic exchange and cooperative agreement for topographic mapping, nautical and aeronautical charting, safety to flight and sea navigation information, geodesy and gravimetrics, digital data, and related global geospatial information and services (GGI&S), between the United States Department of Defense and the Republic of Bulgaria Ministry of Defense. "Party" means, when referring to this Implementing Annex, either the Department of Defense of the United States of America or the Ministry of Defense of the Republic of Bulgaria; for the purposes of execution, "Party" means either the National Imagery and Mapping Agency (NIMA) or the Military Topographic Service (MTS). In furtherance of this mutual objective, the Parties agree to the terms, procedures, and obligations set forth in this Implementing Annex.

b. This Implementing Annex is intended to promote conformance of Republic of Bulgaria produced GGI&S products to the United States of America standards and formats and ensure maximum interoperability of co produced products.

2. MATERIALS TO BE EXCHANGED/PROVIDED

All materials provided under this Annex will be specified according to Section 8 "Appendices" and sent to the receiving Party and provided according to the shipping instructions in Section 5 - "Shipment of Materials."

Where applicable, digital data transferred under the provisions if this Implementing Annex will be subject to the Digital Geographic Information Exchange Standard (DIGEST) formats. In most cases, digital data will be exchanged via magnetic media in DIGEST A format. For finished VPF products (VMAP and DNC), DIGEST C is the format to be used. NIMA will provide a copy of the most current applicable DIGEST manual to MTS.

a. DIGITAL TERRAIN ELEVATION DATA (DTED): DTED one degree cells as provided for in applicable Appendices to this Implementing Annex will automatically be supplied by either Party to the other without charge.

b. VECTOR SMART MAP (VMAP): VMap data as provided for in applicable Appendices to this Implementing Annex will automatically be supplied by either Party to the other without charge.

c. SPECIFICATIONS AND TECHNICAL PUBLICATIONS: Copies of specifications and publications related to digital data will be exchanged as specified in applicable Appendices to this Implementing Annex without charge.

d. APPLICATIONS SOFTWARE:

(1) NIMA will supply one copy, free of charge, of all releasable GGI&S applications software, and any changes thereto, related to Digital Data as outlined in the Appendices to this Implementing Annex.

(2) MTS agrees, on behalf of the Ministry of Defense, as a condition of use of NIMA supplied GGI&S applications software, not to reverse engineer, nor attempt in any way or manner to duplicate such software without prior written authorization from NIMA.

(3) MTS agrees, on behalf of the Ministry of Defense, to coordinate any and all changes to NIMA supplied GGI&S applications software.

(4) Source code of any NIMA supplied GGI&S applications software will not be provided.

3. TECHNICAL ASSISTANCE AND TRAINING

To ensure conformance and interoperability of the Republic of Bulgaria's GGIS products to United States of America GGIS standards, NIMA agrees to make available (provide) the following services:

a. Technical Assistance

(2) Upon the mutual agreement of the Parties, NIMA will provide technical services on a schedule mutually agreed upon.

(3) Each Party will permit visits to its Government establishments, agencies and laboratories by employees of the other Party [*26] provided that the visit supports the provisions of the Agreement and is authorized by both Parties.

b. Training

(2) Mobile Training Teams (MTTs) for some courses can also be provided tuition free and can be taught as available and mutually agreed.

(3) Course Catalogs of the Defense Mapping School will be provided to MTS on a yearly basis so that appropriate courses can be identified for consideration.

4. RELEASE AND COPYRIGHT RESTRICTIONS

a. NIMA will honor the copyright, trademark use and release restrictions on all GGI&S products and materials provided by MTS relevant to this Implementing [*27] Annex in accordance with specific guidance from MTS at the time the GGI&S products and materials are transmitted to NIMA. MTS will honor the copyright and release restrictions on all GGI&S products and materials provided by NIMA relevant to this Implementing Annex in accordance with specific guidance from NIMA at the time the GGI&S products and materials are transmitted to MTS.

b. MTS grants to NIMA an unlimited use license on MTS produced GGI&S materials that will be used as source materials by NIMA in production of hardcopy or softcopy products for use by the Government of the United States of America. NIMA grants to MTS an unlimited use license on NIMA produced GGI&S materials that will by used as source materials by MTS in production of hardcopy or softcopy products for use by the Government of the Republic of Bulgaria.

a. All shipments of GGI&S materials by either Party to the other will be accompanied by appropriate transmittal documents that list the contents of the shipment.

b. All material to be exchanged under this Implementing Annex will be sent free of freight charges. All shipment costs will be borne by the sending Party.

c. All packages will be clearly marked with the notation "UNITED STATES/REPUBLIC OF BULGARIA BILATERAL GGI&S AGREEMENT EXCHANGE MATERIAL- NON REIMBURSABLE."

d. The following addresses should be used for shipments of GGI&S products or equipment:

(1) UNITED STATES:

(a) For policy:
National Imagery and Mapping Agency
ATTN: GIOE, Mail Stop A-20
8613 Lee Highway
Fairfax, VA 22031-2137 USA
TELEPHONE: (703) 275-8552
FAX: (703) 275-8465

(b) Digital Data and Related Materials, Ship To:
NIMA
ATTN: ISDFR, STOP L-70
3200 South Second Street
St. Louis, Missouri 63118-3399 USA

(2) REPUBLIC OF BULGARIA:

Military Topographic Service
34, Totleben Boul.
1606 Sofia
Republic of Bulgaria
TELEPHONE: 359-2-44-35-83
FAX: 359-2-980-46-91

6. REVISIONS

a. Modifications to this Implementing Annex may be effected by exchanging formal correspondence between the Parties. If a meeting is required, the Parties will [*29] mutually agree on the location and date of the meeting. Any mutually agreed to the Basic Agreement/Implementing Annex inequities will be settled on a case-by-case basis and not carried forward year to year. Settlement of mutually agreed inequities may be in equivalent products or services or otherwise agreed.

b. Mutually agreed to modifications to this Implementing Annexes will be recorded as consecutively numbered changes to the document and become part of it.

7. RETURN OF MATERIALS

In the event of termination of the Basic Agreement or this Implementing Annex, all digital data and materials that have already been exchanged under the terms of this Implementing Annex need not be returned and will remain the property of the holder unless otherwise agreed.

8. APPENDICES

Details concerning digital data and materials to be exchanged/provided are specified in Appendices to this Annex, agreed upon and concluded between NIMA and MTS, on behalf of the Parties. Appendices may be added to this Implementing Annex without re-negotiation of the Basic Agreement or this Implementing Annex.

9. VALIDITY

IN WITNESS WHEREOF, the undersigned, being duly authorized, have signed this Implementing Annex. Done in duplicate, in the English and the Bulgarian languages, each of which shall be of equal authenticity. One copy in each language will be duly signed and exchanged between the Parties.

FOR THE DEPARTMENT OF DEFENSE OF THE UNITED STATES OF AMERICA

Mr. Edward J. Obloy
General Counsel
National Imagery and Mapping Agency

This 13th day of May, 1998
Washington, D.C.
United States of America

FOR THE MINISTRY OF DEFENSE OF THE REPUBLIC OF BULGARIA

Nikolai Ivanov
Colonel, Bulgarian Armed Forces
Chief of MTS

This 13 day of May, 1998
Sofia, Republic of Bulgaria

IMPLEMENTING ANNEX J TO THE BASIC EXCHANGE AND COOPERATIVE AGREEMENT FOR TOPOGRAPHIC NAUTICAL AND AERONAUTICAL CHARTING, SAFETY TO FLIGHT AND SEA NAVIGATION INFORMATION, GEODESY AND GRAVIMETRICS, DIGITAL DATA, AND RELATED GLOBAL GEOSPATIAL INFORMATION AND SERVICES BETWEEN THE DEPARTMENT OF DEFENSE OF THE UNITED STATES OF AMERICA AND MINISTRY OF DEFENSE OF THE REPUBLIC OF BULGARIA

CO PRODUCTION AND EXCHANGE OF SERIES 1501 1:250,000 SCALE JOINT OPERATIONS GRAPHIC - AIR (JOG-A) AND RELATED GGI&S MATERIALS

1. PURPOSE

The purpose of this Implementing Annex is to define arrangements for the co production, production support, and exchange of co produced Series 1501 1:250,000 scale Joint Operations Graphic - Air (JOG-A), hereinafter referred to as JOG-A, and related Global Geospatial Information and Services (GGI&S) between the Department of Defense of the United States of America and the Ministry of Defense of the Republic of Bulgaria mapping organizations pursuant to the Basic exchange and cooperative agreement for topographic mapping, nautical and aeronautical charting, safety to flight and sea navigation information, geodesy and gravimetrics, digital data, and related GGI&S. The United States of America organization is the National Imagery and Mapping Agency (NIMA) and the Republic of Bulgaria organization is the Military Topographic Service (MTS). "Party" means, when referring to this Implementing Annex, either the Department of Defense of the United States of America or the Ministry of Defense of the Republic of Bulgaria; for the purposes of execution, "Party" means either NIMA or MTS. In furtherance of this mutual objective, the Parties agree to the terms, procedures, and obligations set forth in this Implementing Annex.

2. CO PRODUCTION OF JOINT OPERATIONS GRAPHIC - AIR (JOG-A)

a. NIMA and MTS agree to the co production and maintenance of JOG-A aeronautical charts over the territory of the Republic of Bulgaria as listed in applicable Appendices to this Implementing Annex.

b. The JOG-A's co produced by each Party remain proprietary products of the co producing Party. Duplicate copies of that data will be furnished to the other participating Party by the co producer.

c. MTS will determine and coordinate its other production programs and personnel training without impacting on the Republic of Bulgaria commitments to NIMA.

d. Those actions tied to JOG-A co production requiring expenditure of funds do not constitute absolute commitment on the part of either Party to each action. The responsibilities and obligations of each co producer Party to be assumed are contingent on the availability of respective resources (personnel, funding, equipment, and source) of the Parties.

e. This Implementing Annex articulates NIMA/MTS co production and maintenance responsibilities related to training, technical assistance, specifications, source materials, production reporting, and exchange of products.

3. SECURITY CLASSIFICATION, COPYRIGHT, AND RELEASE RESTRICTIONS

a. Both Parties agree to honor the security classification, copyright, and/or release restrictions on all co produced/exchanged JOG-A's and materials relevant to this Implementing Annex in accordance with specific guidance from the producer at the time the products and/or materials are exchanged.

b. MTS grants to NIMA an unlimited use license on MTS produced JOG-A related materials that will be used as source materials by NIMA in production of hardcopy or softcopy products for use by the Government of the United States of America. NIMA grants to MTS an unlimited use license on NIMA produced JOG-A related materials that will by used as source materials by MTS in production of hardcopy or softcopy products for use by the Government of the Republic of Bulgaria.

c. All exchanged or co produced JOG-A's and related materials provided to NIMA under the terms of the Basic Agreement and this Implementing Annex may be provided by NIMA to multinational, coalition, or other combined operations forces nations for defense, humanitarian, peacekeeping and related activities.

4. REVISIONS

Transmittals of new indexes or editions and/or notification by either Party of discontinued or obsolete JOG-A's and related GGI&S materials will automatically constitute revisions to this Implementing Annex without requiring re negotiation. Other mutually agreed upon changes may be effected by an exchange of formal correspondence. Mutually agreed upon correspondence then will become part of this Implementing Annex.

5. EXCHANGE OF 1501 1:250,000 SCALAE JOINT OPERATIONS GRAPHIC - AIR (JOG-A) AND RELATED GGI&S MATERIALS FOR CO PRODUCTION PURPOSES

a. NIMA will provide to MTS those NIMA-produced JOG-A's and related GGI&S materials listed in applicable Appendices to this Implementing Annex.

b. The NIMA provided reproduction materials are to be used by MTS as base material for updating the currency of the subject sheets.

c. MTS will automatically provide those MTS-revised JOG-A's and related GGI&S materials over the sovereign territory of the Republic of Bulgaria to NIMA as outlined in applicable Appendices to this Implementing Annex.

6. CO PRODUCTION RESPONSIBILITIES

a. Technical Assessment and Assistance

(2) Upon the mutual agreement of the Parties, NIMA will provide technical services on a schedule mutually agreed upon.

b. Production training

(1) NIMA may offer tuition-free formal training at the NIMA College Defense Mapping School (DMS), Ft. Belvoir, Virginia, USA to support the JOG-A co production process. Transportation and per diem costs will be borne by the sending country unless otherwise stated. All instruction by the Defense Mapping School will be in the English language.

(2) Mobile Training Teams (MTTs) for some courses can also be provided tuition free and can be taught as available and mutually agreed.

(3) Course Catalogs of the Defense Mapping School will be provided to MTS on a yearly basis so that appropriate courses can be identified for consideration.

(4) MTS agrees to provide all administrative support required by NIMA trainer/trainers while at the Republic of Bulgaria Training Site.

c. Specifications:

(1) NIMA agrees to provide to MTS three (3) copies of the current NIMA Series 1501 1:250,000 scale Joint Operations Graphic - Air (JOG-A) specifications, and to automatically provide three (3) copies of all/any revisions and updates to those specifications.

(2) MTS agrees to use the current NIMA Series 1501 1:250,000 scale Joint Operations Graphic - Air (JOG-A) specifications for all Republic of Bulgaria revisions of previously produced NIMA JOG-A over the territory of the Republic of Bulgaria.

d. Source Materials:

(1) NIMA agrees to provide reproduction materials (film positive or negative print sets or color separates, as agreed, or digital repro material if desired) to MTS for all JOG-A's previously produced by NIMA as identified in applicable Appendices to this Implementing Annex.

(2) MTS agrees to use appropriate scale cartographic or imagery source in the revision of the JOG-A previously produced by NIMA.

e. Co production Reporting:

(1) NIMA agrees to provide technical assistance to MTS in developing and implementing a JOG-A production reporting system.

(2) MTS agrees to develop, implement, and maintain a JOG-A production reporting system in coordination with NIMA. Production reports are to be exchanged on a six month basis (information as of 30 June and 31 December).

f. Exchange of Co produced JOG-A Sheets:

(1) MTS agrees to:

(a) Provide to NIMA one set each of reproduction materials (film positive or negative print sets or color separates, as agreed, or digital repro material if available) and ten copies each of all JOG-A sheets revised/produced by MTS over the sovereign territory of the Republic of Bulgaria.

(b) Authorize NIMA to use all reproduction materials provided by MTS to print any additional quantities of the JOG-A required by the Department of Defense of the United States of America.

(2) At the request of MTS, NIMA will consider using all reproduction materials provided by MTS to print additional quantities of the revised JOG-A's required to satisfy MTS requests for Republic of Bulgaria JOG-A's.

7. RETURN OF MATERIALS

a. In the event of termination of the Basic Agreement or this Implementing Annex, any and all JOG-A sheets and related GGI&S materials that have already been exchanged need not be returned and will remain property of the holder, with the exception of materials on loan or as otherwise agreed.

b. In the event of termination of the Basic Agreement or this Implementing Annex, all JOG-A sheets and related GGI&S materials loaned by one Party to the other Party in accomplishment of the specific co production identified in this Implementing Annex shall be expeditiously returned to the original loaning Party. All source materials and related GGI&S materials loaned by either Party in the co production identified in this Implementing Annex will be marked "ON LOAN, TO BE RETURNED UPON COMPLETION OR CANCELLATION OF THE PROJECT OR TERMINATION OF THE AGREEMENT OR IMPLEMENTING ANNEX B" prior to initial transmittal to the co producing Party.

8. CO PRODUCER AND POINT OF CONTACT

a. NIMA:

National Imagery and Mapping Agency
ATTN: GIOE, Mail Stop A-20
8613 Lee Highway
Fairfax, VA 22031-2137 USA
TELEPHONE: (703) 275-8552
FAX: (703) 275-8465

b. MTS:

Military Topographic Service
34, Totleben Boul.
1606 Sofia
Republic of Bulgaria
TELEPHONE: 359-2-44-35-83
FAX: 359-2-980-46-91

c. NIMA and MTS agree to exchange updates of the points of contact for each co producer as necessary.

9. APPENDICES

IN WITNESS WHEREOF, the undersigned, being duly authorized, have signed this Implementing Annex. Done in duplicate, in the English and the Bulgarian languages, each of which shall be of equal authenticity. One copy in each language will be duly signed and exchanged between the Parties.

FOR THE DEPARTMENT OF DEFENSE OF THE UNITED STATES OF AMERICA

Mr. Edward J. Obloy
General Counsel
National Imagery and Mapping Agency

This 13th day of May, 1998
Washington, D.C.
United States of America

FOR THE MINISTRY OF DEFENSE OF THE REPUBLIC OF BULGARIA

Nikolai Ivanov
Colonel, Bulgarian Armed Forces
Chief of MTS

This 13 day of May, 1998
Sofia, Republic of Bulgaria