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April 28, 1998

The Contracting Parties

(I) In the presence of Expert on Space Applications, Office of the Space Affairs of the United Nations

(II) RECALLING that the General Assembly of the United Nations, in its resolution 37/90 of 10 December, 1982 endorsed the recommendations of the Second United Nations Conference on the Exploration an Peaceful Uses of Outer Space (UNISPACE 82), held in 1982 at Vienna that the United Nations Programme on Space Applications focus its attention, inter-alia, on the development of Indigenous capability at the local level;

(III) RECALLING further that the General Assembly of the United Nation, in its resolution 45/72 of 11 December 1990, endorsed the recommendations of the Committee on Peaceful Uses of Outer Space tha1 "the United Nations should lead, with the active support of its specialised agencies and other International organisations, an international effort to establish regional centres for space science and technology education in existing national/regional educational institutions in developing countries";

(IV) NOTING United Nations General Assembly re«oiution« 48/45 of December, 1991, 47/67 of 14 December, 1992 and 48/39 of 1 December, 1993;

(V) REAFFIRMING that the Action Plan of the Ministerial Conference Space Applications for Development in Asia and the Pacific held Beijing, September 23-24, 1994 "encouraged the development United Nations-ESCAP Regional Space Applications Programme Development! of links with the proposed United Nations Centre Space Science and Technology Education in the region";

(VI) FURTHER NOTING the final report of the Evaluation Mission on the establishment of this Centre for Asia and the Pacific and the subsequent statement on the selection of India as host country for this Centre, both Issued In November 1994 by the United Nations Office for Outer Space Affairs;

(VIII) DESIRING by means of this Agreement to establish the Regional Centre for Space Science and Technology Education for Asia and the Pacific;

HAVE AGREED as follows;

ARTICLE I
ESTABLISHMENT OF THE CENTRE

1. The Regional Centre for Space Science and Technology Education for Asia and the Pacific (herein after referred to as the "Centre") shall be established in India and In due course and upon approval of the Governing Board (defined in Article - IV), the Centre would grow into a network of nodes in order to fully utilise the resources and potentials of the region. The activities and programmes of the Centre aim to primarily benefit all of the States of the Asia and the Pacific region.

2. Definition of the Asia Pacific region is as adopted by United Nations-Economic and Social Commission for Asia and the Pacific and revised In consequence of the various United Nations General Assembly resolutions.

ARTICLE II
OBJECTIVES OF THE CENTRE

1. The Centre shall pursue for peaceful purposes in depth education programmes with initial emphasis on remote sensing, satellite communications, satellite meteorology and atmospheric sciences. In particular, the objectives of the Centre shall be to:

(a) develop the skills and knowledge of university educators, environmental research scientists end project personnel in the design, development and application of remote sensing and related technologies for subsequent application in national and regional development and environment management programmes including bio-diversity protection;

(b) assist educators to develop environmental and atmospheric sciences curricula that they can use to advance the knowledge of their students in their respective Institutions/countries;

(c) develop skills for satellite communications including those associated with rural development, long distance education, delivery of health services, disaster mitigation, air and maritime navigation, and network/linkage of the region's professionals and scientists, Government establishments and industries in order to facilitate the exchange of new Ideas, data and experiences;

(d) assist research and application scientists in preparing space derived Information for presentation to the policy and decision makers in charge of national and regional development programmes;

(e) enhance regional and international cooperation In space science, technology and applications programmes as envisaged in the Strategy and Action Plan adopted under the Beijing declaration on Space Technology Applications for Environmentally Sound and Sustainable Development in Asia and the Pacific;

(f) assist in disseminating to the general public the value of space science and technology in improving their everyday quality of life;

(g) support other relevant activities that could enhance the scientific development of the region,

ARTICLE III
STRUCTURE OF THE CENTRE

1. The structure of the Centre shall be as follows:

(a) The Governing Board;

(b) The Advisory Committee;

(c) Director and other personnel of the Centre;

(d) The Campus and affiliate nodes of the Centre

ARTICLE IV
THE GOVERNING BOARD

1. The Governing Board shall be the principal policy-making organ of the Centre. The Governing Board shall be composed of one representative from each Contracting Party Each member of the Governing Board shall have one vote in the proceedings of the Governing Board. Any other country, International organisation or funding agency which has concluded a Cooperation Agreement with the Centre as provided in Article VIII of the present Agreement shall be invited to the meetings of the Governing Board in the capacity of Observers.

2. The Governing Board shall meet atleast once every year in India or in any other country of the region to be determined by the Governing Board. The quorum for the Governing Board meeting will be a minimum of half the members of the Governing Board.

3. The Governing Board shall determine the policy of the Centre, approve its long-range plans and annual programmes and the budgets submitted. It shall also approve the financial policy and procedures and shall establish its own rules of procedures and regulations, and evaluate the functioning of the Centre.

4. The Governing Board shall determine the functions, and composition of the Advisory Committee.

5. The Governing Board will appoint the Director and Deputy Director of the Centre for which each member of the Governing Board may nominate its candidates. The responsibilities and functions of the Director and Deputy Director of the Centre with be defined by the Governing Board.

6. The Chairperson of the Governing Board shall be elected by the Governing Board for a two year term. This term may be renewed once for another period of two years. The Chairperson shall be elected by consensus. The first Chairperson of the Governing Board shall be from the host country.

7. The Director and the Deputy Director shall be present at all meetings of the Governing Board. The Director and the Deputy Director may at any time, with the approval of the Chairperson of the Governing Board, make oral or written statements at such meetings.

8. The Governing Board may invite other states, organisations, end experts to participate in activities of the Centre on such terms as the Governing Board may establish.

9. The Director of the Centre shall serve as the Secretary of the Governing Board.

ARTICLE V
THE ADVISORY COMMITTEE

1. The Advisory Committee shall be composed of prominent individuals in government, private Industry and the academic and scientific communities. Members of the Advisory Committee shall be nominated by the Governing Board and shall serve for such a period as may be determined by the Governing Board. The functions of this Committee shall be determined by the Governing Board.

2. The Advisory Committee shall meet as frequently as needed and held its meetings in India, or in any other country of the region to be determined by the Advisory Committee with the concurrence of the Governing Board.

ARTICLE VI
DIRECTOR AND OTHER PERSONNEL OF THE CENTRE

1. The Centre shall be headed by a Director who would guide overall programme of the Centre. He/she will be assisted by a Deputy Director in the day-to-day administration of the Centre, The Director and Deputy Director will be stationed in India.

2. The Director and Deputy Director shall be appointed for three years and may be reappointed if Governing Board decides so for an additional period of 2 years.

3. The Director and Deputy Director should be from different countries.

ARTICLE VII
THE CAMPUS AND AFFILIATE NODES OF THE CENTRE

1. The Centre's Campus shall be established In Dehradun India around the infrastructure available at the Indian Institute of Remote Sensing, Dehradun.

2. For fulfilling its programmes, the Centre may have arrangements with Space Applications Centre in Ahmedabad playing as host institution for programs related to satellite communications and satellite meteorology and with Physical Research Laboratory at Ahmedabad for Space Sciences.

3. As the programmes evolve, additional affiliate nodes involving institutions in the region could be developed by the Centre under the guidance and direction of the Governing Board.

ARTICLE VIII
COOPERATION WITH GOVERNMENTS, ENTITIES AND INSTITUTIONS

1. The countries, entities and institutions of the region as well as other interested countries may participate in and support the operations of the Centre, in terms of conditions as agreed upon with the Centre, in particular, they may provide specialists for teaching and research as well as financial and other contributions to further the objectives of the Centre.

2. The Centre may establish a close working relationship with the United Nations, particularly the United Nations Office for Outer Space Affairs and United Nations Economic and Social Commission for Asia and the Pacific. It may in particular seek the assistance of these and other United Nations bodies in the provision of expert advice, technical support, documentation and other appreciate assistance. The cooperation of the Centre with these organisations may be determined by a Cooperation Agreement between the Centre end the United Nations.

ARTICLE IX
HOST COUNTRY AGREEMENTS

1. The Centre shall, in India, have juridical personality and, in particular, have the capacity to contract, to acquire and dispose of movable and immovable property, and to institute legal proceedings. It shall enjoy such privileges and immunities as are necessary for the fulfillment of its functions and objectives.

2. The Director, the Deputy Director, its personnel and affiliates end persons working or associated with it and the Members of the Governing Board and the Members of the Advisory Committee attending Centre's meetings or other activities connected with the Centre, shall enjoy, in India, such privileges and immunities as are necessary for their functions, and comparable to that extended to other International organisations, notably the United Nations.

3. The Centre shall conclude with the Government of India the necessary Host Country Agreements on matters including those specified in (1) and (2) of this Article. The Centre shall also conclude similar Host Country Agreements with the Governments of countries where major nodes of the Centre are established in future.

4. The Government of India shall make available facilities necessary for the activities of the Centre around the infrastructure mentioned in Article VII of this Agreement.

5. The Government of India shall provide the Centre with security staff, and other supportive staff necessary for the activities of the Centre and facilitate access to appropriate institutions including the Indian Institute of Remote Sensing at Dehradun and the Space Applications Centre and the Physical Research Laboratory at Ahmedabad.

ARTICLE X
FUNDING FOR THE CENTRE

The Governing Board shall determine the budgetary requirements and sources of funding support for the activities if the Centre. These" sources of funding may include inter-alia :

a) Host country financing and support

b) Voluntary contributions from members countries of the Centre

c) Voluntary contributions from other countries and

d) Voluntary contributions from multilateral agencies

ARTICLE XI
APPLICABLE LAW

Each Contracting Party shall conduct the activities provided for in this Agreement subject to its applicable laws and regulations.

ARTICLE XII
FINAL PROVISIONS

1. This Agreement shall enter into force provisionally as of the date of its signature, and definitively thirty (30) days after the date of receipt of the last of the notifications by which the original signatories have informed the host country of the completion of the requisite Internal formalities for its entry into force.

2. This Agreement may be modified or emended by written agreement between the Contracting Parties.

3. Any dispute among the Contracting Parties concerning the interpretation or the Implementation of this Agreement shall be resolved based on the rules of procedures as decided by the Governing Board.

4. Four years after the entry into force of this Agreement, the Governing Board shall review and evaluate the Implementation of the Agreement.

5. After Its entry into force, this Agreement shall be transmitted to the Secretariat of the United Nations for appropriate action in accordance with the provisions of Article 102 of the Charter of the United Nations, and with paragraph 1 of Article 80 of the 1969 Vienna Convention on the Law of Treaties.

6. This agreement shall also be open for any member State of the United Nations in the Asia and the Pacific region for becoming parties to this Agreement at any time after its entry into force.

ARTICLE XIII
WITHDRAWAL

1. A contracting Party may withdraw from this Agreement at any time by giving written notice of withdrawal to the Government of India, which shall act as the Depository. The withdrawal shall be effective sixty days after the receipt of the notice of withdrawal by the Depository.

ARTICLE XIV
AUTHENTIC TEXTS AND CERTIFIED COPIES

1. This Agreement shall be deposited with the Depository, which transmit certified copies thereof to all states in the region.

DONE at New Delhi, India in the English language, this First day of November, 1955.

Signed on behalf of the Government of the Republic of the PHILIPPINES at New Delhi, this Twenty Eight day of April, 1998.

(Sgd.) JOSE P. DEL ROSARIO, JR.
Ambassador to India
Republic of the Philippines
New Delhi, India