The Department of Energy of the
United States of America
The Ministry of Energy and
Infrastructure of Israel
Concerning Energy Cooperation
(February 1, 1996)
In February 2005,
this Agreement was automatically renewed for
one additional 5-year period.
The Department of Energy of the United States of America
(DOE) and the Ministry of Energy and Infrastructure of Israel (MOEI),
hereinafter referred to as the Parties:
Having concluded an Agreement in Energy Research and
Development on June 3, 1984, which expired on March 3, 1991;
Recognizing that the cooperative activities in the
field of energy research and development undertaken pursuant to the
1984 agreement were mutually beneficial and that the Parties wish to
undertake new cooperative activities in the field of energy cooperation;
Recognizing that it would be mutually beneficial to
identify and implement cooperative projects in energy research and development
that enhance the Mideast peace process;
Have agreed as follows:
The objective of this Agreement is to establish a
framework for collaboration between the Parties in energy research and
development activities. The Parties shall conduct such collaboration
on the basis of mutual benefit, equality and reciprocity.
The areas of cooperation under this Agreement may
include, but are not limited to, the following:
a. Solar energy;
c. Energy efficiency;
d. Wind energy;
e. Fossil energy including oil, gas and coal;
f. Electric power production and transmission; and
g. Other energy areas that may be proposed and jointly
agreed by the Parties in writing.
The forms of cooperation under this Agreement may
include, but are not limited to the following:
a. Exchange of scientific and technical information,
and results and methods of research and development and other cooperative
projects on a periodic basis in a manner agreed to by the Coordinators
designated under Article IV;
b. Organization of seminars and other meetings on
agreed energy topics in the areas enumerated in Article II in a manner
agreed to by the Coordinators;
c. Survey visits by specialists to the energy facilities
or projects of the other Party at the invitation of the host institution;
d. Exchange of materials, instruments, components
and equipment for testing;
e. Exchange of personnel for participation in agreed
research, development, demonstration, analysis, design, experimental
and training activities;
f. Joint projects in the form of experiments, tests,
design analysis, or other technical collaborative activity;
g. Joint funding of specific projects which may be
undertaken either by the Parties, or in connection with other qualified
organizations or persons in a manner agreed to by the Coordinators;
h. Other such forms of cooperation as may be proposed
and jointly agreed in writing by the Parties.
a. Each Party shall designate a Coordinator to supervise
the implementation of this Agreement. As mutually agreed, the Coordinators
shall meet to evaluate all aspects of the cooperation under this Agreement.
These meetings shall be held alternately in the United States and Israel.
b. The Coordinators shall approve and monitor all
cooperative activities to be carried out under this Agreement.
c. The Coordinators may establish separate subcommittees
in any of the areas of cooperation to facilitate implementation of projects
which may be undertaken under this Agreement.
d. The Coordinators shall review and evaluate any
proposed activities and the status of cooperation under this Agreement.
The Coordinators shall give appropriate guidance and directions to the
subcommittees and the project managers responsible for activities developed
under this Agreement. If requested, the Coordinators may advise the
Parties regarding the progress and future of cooperative activities
established under this Agreement.
a. Each Party, or the designated representative of
each Party, may propose activities to be conducted under this Agreement
by submitting a proposal to the Coordinators for approval.
b. Each cooperative activity approved by the Coordinators
shall be described in writing in a Project Annex to this Agreement.
The Parties shall not undertake any cooperative activity until a Project
Annex has been concluded by the Parties. Such Annexes shall contain
detailed procedures for the implementation of the cooperative activity,
including but not limited to technical scope, exchange of proprietary
information, management, total costs, cost-sharing and schedule, as
appropriate. Each Project Annex shall be subject to, and shall refer
to, this Agreement.
The following provisions shall apply concerning exchanges
of equipment under this Agreement:
a. By mutual agreement, a Party may provide equipment
to be utilized in a joint activity. In such case, the sending Party
shall supply, as soon as possible, a detailed list of the equipment
to be provided together with the relevant specifications and appropriate
technical documentation related to the use, maintenance, and repair
of the equipment.
b. Title to the equipment and necessary spare parts
supplied for use in joint activities shall remain in the sending Party,
and the property shall be returned to the sending Party upon completion
of the joint activity, unless otherwise agreed.
c. Equipment provided under this Agreement shall be
brought into operation at the host establishment only by agreement of
d. The host establishment shall provide the necessary
premises for the equipment, shall provide for utilities such as electric
power, water and gas and normally shall provide materials to be tested,
in accordance with agreed technical requirements.
e. DOE shall be responsible, and shall pay all expenses
for the transport of equipment and materials from the United States
by plane or ship to an authorized port of entry in Israel convenient
to the ultimate destination. DOE shall be responsible for safekeeping
and insurance en route for such equipment and materials.
f. MOEI shall be responsible, and shall pay all expenses,
for the transport of equipment and materials from Israel by plane or
ship to an authorized port of entry in the United States convenient
to the ultimate destination. MOEI shall be responsible for safekeeping
and insurance en route for such equipment and materials.
g. Equipment provided under this Agreement for use
in joint activities shall be considered to be scientific, not having
a commercial character, and each Party shall make its best effort to
obtain duty-free entry.
The following provisions shall apply concerning exchanges
of personnel under this Agreement:
a. Whenever an exchange of personnel is contemplated,
each Party shall ensure the selection of adequate personnel with skills
and competence necessary to conduct the activities planned under this
Agreement. Each such exchange of personnel shall be mutually agreed
in advance by an exchange of letters between the Parties referencing
this Agreement and its pertinent intellectual property provisions.
b. Each Party shall be responsible for the salaries,
insurance, and allowances to be paid to its staff or contractors.
c. Each Party shall pay for the travel and living
expenses of its staff or contractors staying at the establishment of
the host Party, unless otherwise agreed.
d. Each Party shall arrange for adequate accommodations
for the other Party's staff or contractors (and their families) on a
mutually agreeable reciprocal basis.
e. Each Party shall provide all necessary assistance
to the staff or contractors of the other Party as regards administrative
formalities (i.e., travel arrangements).
f. The staff and contractors of each Party shall conform
to the general rules of work and safety regulations in force at the
a. Unless otherwise agreed, all costs resulting from
cooperation carried out under this Agreement shall be the responsibility
of the Party that incurs them.
b. Each Party shall conduct the activities provided
for in this Agreement subject to its applicable laws and regulations
and subject to the availability of appropriated funds and personnel.
c. Each Party shall use its best efforts to obtain
all required permits and licenses as necessary for the implementation
of this Agreement.
Provisions for the protection and distribution of
intellectual property created or furnished in the course of cooperative
activities under this Agreement, and for the protection of information
and equipment for national security reasons, are set forth in Annexes
I and II to this Agreement, which constitute integral parts of this
a. This Agreement shall enter into force when the
Parties notify each other, through diplomatic channels, that they have
satisfied respective approval procedures, and shall remain in force
for five (5) years. This Agreement shall be renewed automatically for
one additional 5-year period unless either Party notifies the other
in writing at least six (6) months prior to the date of expiration.
b. This Agreement may be amended or extended by mutual
written agreement of the parties. This Agreement may be terminated upon
one (1) year's advance notification in writing by either Party.
c. All joint efforts and experiments not completed
at the expiration or termination of this Agreement may be continued
until their completion under the terms of this Agreement.
Done in Washington in the English language this 1st
day of-February, 1996.
FOR THE DEPARTMENT OF ENERGY FOR THE MINISTRY OF ENERGY
OF THE UNITED STATES OF AMERICA: AND INFRASTRUCTURE
Hazel R. O'Leary Gonen Segev
Secretary of Energy Minister of Energy and Infrastructure
PURSUANT TO ARTICLE IX OF THIS AGREEMENT:
The Parties shall ensure adequate and effective protection
of intellectual property created or furnished under this Agreement and
relevant Project Annexes. The Parties agree to notify one another in
a timely fashion of any inventions or copyrighted works arising under
this Agreement and to seek protection for such intellectual property
in a timely fashion. Rights to such intellectual property shall be allocated
as provided in this Annex.
A. This Annex is applicable to all cooperative activities
undertaken pursuant to this Agreement, except as otherwise specifically
agreed by the Parties or their designees.
B. For purposes of this Agreement, "intellectual
property" shall have the meaning found in Article 2 of the Convention
Establishing the World Intellectual Property Organization, done at Stockholm,
July 14, 1967.
C. This Annex addresses the allocation of rights,
and interests between the Parties. Each Party shall ensure that the
other Party can obtain the rights to intellectual property allocated
in accordance with this Annex, by obtaining those rights from its own
participants through contracts or other legal means, if necessary. This
Annex does not otherwise alter or prejudice the allocation between a
Party and its nationals, which shall be determined by that Party's laws
D. Disputes concerning intellectual property arising
under this Agreement should be resolved through discussions between
the concerned participating institutions or, if necessary, the Parties
or their designees. Upon mutual agreement of the Parties, a dispute
shall be submitted to an arbitral tribunal for binding arbitration in
accordance with the applicable rules of international law. Unless the
Parties or their designees agree otherwise in writing, the arbitration
rules of UNCITRAL shall govern.
E. Termination or expiration of this Agreement shall
not affect rights or obligations under this Annex.
ALLOCATION OF RIGHTS
A. Each Party shall be entitled to a non-exclusive,
irrevocable, royalty-free license in all countries to translate, reproduce,
and publicly distribute scientific and technical journal articles, reports,
and books directly arising from cooperation under this Agreement. All
publicly distributed copies of a copyrighted work prepared under this
provision shall indicate the names of the authors of the work unless
an author explicitly declines to be named.
B. Rights to all forms of intellectual property, other
than those rights described in section II(A) above, shall be allocated
1. Visiting researchers, for example, scientists visiting
primarily in furtherance of' their education shall receive intellectual
property rights under the policies of the host institution In addition,
each visiting researcher named as an inventor shall be entitled to national
treatment with regard to awards, bonuses, benefits, or any other rewards
in accordance with the policies of the host institution.
2. (a) For intellectual property created during joint
research, for example, when the Parties, participating institutions,
or participating personnel have agreed in advance on the scope of work,
each Party shall be entitled to obtain all rights and interests in its
own country. Rights and interests in third countries will be negotiated
in Project Annexes on a case-by-case basis. If research is not designated
as "joint research" in the relevant Project Annex, rights
to intellectual property arising from the research will be allocated
in accordance with paragraph II(B)(I) above. In addition, each person
named as inventor shall be entitled to national treatment with regard
to awards, bonuses, benefits, or any other rewards in accordance with
the policies of the participating institutions.
(b) Notwithstanding paragraph II (B) (2) (a) above
if a type of intellectual property is available under the laws of one
Party but not the other Party, the Party whose laws provide for this
type of protection shall be entitled to all rights and interests worldwide.
Persons named as inventors of the intellectual property shall nonetheless
be entitled to national treatment with regard to awards, bonuses, benefits,
or any other rewards in accordance with the policies of the participating
In the event that information identified in a timely
fashion as business-confidential is furnished or created under the Agreement,
each Party and its participants shall protect such information in accordance
with applicable laws, regulations, and administrative practice. Information
may be identified as "business-confidential" if a person having
the information may derive an economic benefit from it or may obtain
a competitive advantage over those who do not have it, the information
is not generally known or publicly available from other sources, and
the owner has previously made the information available without imposing
in a timely manner an obligation to keep it confidential.
Both Parties agree that no information or equipment
requiring protection in the interests of national defense or foreign
relations of either Party and classified in accordance with the applicable
national laws and regulations shall be provided under this Agreement.
In the event that information or equipment which is known or believed
to require such protection is identified in the course of cooperative
activities undertaken pursuant to this Agreement, it shall be brought
immediately to the attention of the appropriate officials and the Parties
shall consult to identify appropriate security measures to be agreed
upon by the Parties in writing and applied to this information and equipment
and shall, if appropriate, amend this Agreement to incorporate such