ML20127A086
| ML20127A086 | |
| Person / Time | |
|---|---|
| Issue date: | 10/28/1992 |
| From: | Selin I, The Chairman NRC COMMISSION (OCM) |
| To: | |
| References | |
| NUDOCS 9301110176 | |
| Download: ML20127A086 (16) | |
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ARRANGEMENT BETWEEN THE UNITED STATES NUCLEAR REGULATORY COMMISSION' (USNRC)
AND THE INDONESIAN NATIONAL ATOMIC ENERGY AGENCY (BATAN) s FOR THE EXCHANGE OF TECHNICAL INFORMATION AND COOPERATION IN NUCLEAR SAFETY MATTERS OCTOBER 28, 1992 4
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ARRANGEMENT BETWFEN b'
THE UNITED STATES NUCLEAR REGULATORY COMMISSION (USNRC)
AND F
THE INDONESIAN NATIONAL ATOMIC ENERGY AGENCY k
(BATAN)
FOR THE EXCHANGE OF TECHNICAL INFORMATION AND COOPERATION IN NUCLEAR SAFETY MATTERS 2
The United States Nuclear Regulatory Commission (hereinafter called the
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USNRC) and the Indonesian National Atomic Energy Agency (hereinafter called
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BATAN);
Having a mutual interest in a continuina exchange of information pertaining to regulatory matters and of standards required or recommended by E
their organizations for the regulation of safety and environmental impact of nuclear facilities; Considering the agreement between the Government of the United States of E
America and the Covernment of the Republic of Indonesia for cooperation in scientific research and technological development;
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Have agreed as follows:
E I.
SLOPE OF THC ARRANGEMENT
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r A.
To the extent that the USNRC and BATAN are permitted to do so under the lids, regulations, and policy directives of their respective:
countries, the parties will exchange the following types of technicol r
information relating to the regulation of safety, safeguards, waste WE management and environmental impact of designated nuclear energy facilities:
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Topical reports concerning technical safety, safeguards, waste man:gement, and environmental effects written by or for one of the parties as a basis for, or in support of, regulatory decisions and policies.
2.
Documents relating to significant itcensing actions and safety and' environmental decisions affecting nuclear facilities.
3.
Detailed documents describing the USNRC process for licensing and regulating certain U.S. facilities designated by BATAN as similar to certain facilities being built or planned in Indonesia and equivalent documents on such Indonesian facilities.
4.
Reports on operating experience, such as reports on nuclear incidents, accidents and shutdowns, and compilations of historical reliability data on components and systems.
5.
Regulatory procedures for the safety, safeguards, waste management, and environmental impact evaluation of nuclear facilities.
6.
Early advice of important events, such as serious operating incidents and government-directed reactor shutoowns, that"are"of ~~
immediate interest *.o the parties.
7.
Copies of regulatory standards required to be used, or proposed for use, by the regulatory organizations of the parties.
8.
Information in the field of naclear safety research which the parties have the right to disclose, either in the possession of one of the parties or available to it.
Cooperation in research areas may require a separate agreement, as determined to be
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necessary by the research organizations of one or both of the parties.
Each party will transmit to the other urgent safety research information that requires early attention in the interest of public safety, along with an indication of significant implications.
B.
Within the limits of available resources and subject to the availability of appropriated funds, the USNRC will cooperate with BATAN in providing certain training and experience for BATAN safety personnel.
Costs of salary, allowances and travel of BATAN participants will be paid by BATAN. The following are typical of the kinds of training and experience that may be provided:
1.
BATAN inspector accompaniment of USNRC inspectors on operating reactor and reactor construction inspections in the U.S.,
including extended briefings at USNRC regional inspection offices.
2.
Participation by BATAN-employees in USNRC st
' training courses.
3.
Assignment = of BATAN employeesT for-6-24 month 1pt.ciods = to 6he USNRC~~~~
staff, to work on USNRC staff duties and gtin on-the-job experience.
4.
Possible training assignments within the radiation control programs of interested USNRC Agreement States.
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C.
To the extent that the documents and other information provided by the USNRC as described in A. and B., above, are not adequate to meet BATAN's needs for technical advice, the parties will consult on the best means for fulfilling such needs. The USNRC will attempt, within the limits of appropriated resources and statutory authority, to i
assist BATAN in meeting these needs. For example, within these limits, the USNRC will attempt to meet requests that come through the Internationai Atomic Energy Agency for technical assistance missions to Indonesia by USNRC safety experts.
D.
It is understood by both pr'.ies that the safety cooperation described above is being undertaken as Indonesia considers a comitment to nuclear power generation. The details of this cooperation (extent, timing, participarts, etc.) will be subject te re-evaluation as Indonesia reaches decisions in this area.
II. (LDMINISTRATION A.
The exchange of information undar this Arrangement will be f
accomplished through letters, reports, and other documents, and by visits and meetings arranged in advance. A meeting will be held at such times as mutually agreed to review the exchange of information, to recomend revisions to the provisions of the Arrangement, and to discuss topics within the scope of the enhange.
The time, place, and agenda for such meetings shall be agreed upon in advance. Visits
t which take place under the Arrangement, including their schedules,
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shall have the prior approval of the administrators referred to in paragraph B.
4 B.
An administrator will be designated by each party to coordinate its participation in the overall exchange. The administrators will be the 1
recipients of all documents transmitted under the exchange, including copies of all letters unless otherwise agreed. Within the terms of i
the exchange, the administrators will be responsible for developing the scope of the uchange, including agreement on the designatun of the nuclear energy facilities subject to the exchange, and on specific documents and standards to be exchanged.
One or more technical coordinators may be appointed as direct contacts for specific disciplinary areas. These technical coordinators wil'l assure that both administrators receive copies of all transmittals.
These detailed arrangements are intended to assure, among other things, that a reasonably balanced exchange providing access to equivalent available information from both sides is achieved and maintained.
C.
The administrators will determine the nua.ber of copies to be provided cf the documents exchanged.
Each tiocument will be accompanied by an abstract in English, 250 words or less, describing its scope and content.
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_ _ - _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - _ _ _ _ t D.
The application or use of any information exchanged or transferred s
between the parties under this Arrangement will be th? responsibility of the receiving party, and the transmitting party does not warrant the suitability of such information for any particular use or e
application.
E.
Recognizirg that some information of the type covered in this Arrangement is not available within the agencies which are parties to this Arrangement, but is available from other agencies of the governments of the parties, each party will assist the other to the maximum extent possible by organizing visits and directing inquiries concerning such information to appropriate agencies of the government concerned.
The foregoing shall not constitute a commitment of other agencies 13 furnish such infortnation or to receive such visitors.
F.
Nothing contained in this Arrangement will require either party to take any action which would be inconsistent with its laws, regulations, and policy directives.
Should any conflict arise between=
the terms of this Arrangement and those laws, regulations, and policy directives, the parties agree to consult with a view to resolving any such conflict.
No nuclear information related to proliferation-sensitive technologies will be exchanged under this. Arrangement.
111.
EXCHANOE AND USE OF INFORMATION A.
G1MIAl The parties support the widest possible dissemination of information i
provided or exchanged under this Arrangement, subject both to the need to protect proprietary or other confidential or privileged infctmation as may be exchanged hereunder, and to the provisicns of the Intellectual Property Addendum, which is an integral part of this i
Arrangement.
B.
Definitions. (As used in this Arrangement) 1.
The term "ir formation" means nuclear energy-related regulatory, safety, safeguards, waste management, scientific, or technical data, including information on results or. methods of assessment, research, and any other knowledge intended to be provided or exchanged under this Arrangement.
2.
The term " proprietary information" means information made available under this Arrangement which contains trade secrets or other privileged or confidential commercial information (such that the person having the information may derive an economic benefit from it or may have a competitive advantage over those who do not have it), and may only include informttion which:
. a.
has been held in confidence by its owner; b.
is of a type which is customarily held. in confiden:e by its owner; c.
has not been transmitted by the owner to other entities (including the receiving party) except on the basis.thatLit be held in confidence;
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d.
is not otherwise-available to the receiving party from another.
source without restriction on its further dissemination;.and e.
is not already in the possession of the rece h ing party.
3.
The term "other confidential or privileged information" means.
information, other than " proprietary information," which is protected from public disclosure under the iaws and regulations of the country of the party providing the information and which has been transmitted and received in confidence.
.C.
Markina Procedures for Documentary Proorietary Information A-party receiving documentary proprietary information pursuant to this-Arrangement shall respect the privileged nature'thereof, orovided such proprietary information is clearly marked with the following.(or substantially similar) restrictive legend:
This document contains proprietary-information furnished in confidence' under an Arrangement dated between the Ur.!ted States Nuclear Regulatory Commission and.the Indonesian National Atomic' Energy Agency and shall not be
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9-disseminated outside these organizations, their consultants and contractors, and concerned departments and agencies of the Government of the United States and the Government of Indonesia without the prior approval of (name of transmit 1]ng oarty).
This notice shall be marked on-any reproduction hereof, in whole or in part. These limitations shall automatically terminate when this information is disclosed by the owner without restriction, This restrictive legend shall be respected by the receiving party and proprietary information bearing this legend shall not be used for commercial purposes, made public, or disseminated in any manner unspecified by or contrary to the terms of this Arrangement without the consent of the transmitting party.
D.
Dissemination of Docu~entary Proprietary Information 1.
In general, proprietary information received under this Arrangement may be freely disseminated by the receiving party without prior consent to persons within or-employed by the receiving party, and to concerned Government departments and
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Government agencfes-in the country-of the receiving party.
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2.
In addition, proprietary information may be disseminated without prior consent-l
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(a) to prime or subcontractors or consultants of the receiving I
party located within the geograohical limits of that. party's nation, for use only within the scope of work of their i-l
.- contracts with the receiving party in work relating to the subject matter of the proprietary information; (b) to organizations permitted or licensed by the receiving party to construct or operate nuclear production or utilization facilities, or to use nuclear materials and radiation sources,-
provided that such proprietary information is used only within l
the terms of the permit or license; and (c) to contractors of organizations identified in (a) and (b),
above, for use only in work within the scope of the permit or license granted to such organizations, Provided that any dissemination of proprietary information under (a), (b), and (c), above, shall be on an as-needed, case-by-case basis, shall be pursuant to an agreement of confidentiality, and shall be marked-with a restrictive legend substantially similar to that appearing in III.C., above.
3.
With the prior written consent-of the< party: furnishing proprietary--
information under this Arrangement, the receiving party may disseminate such proprietary information more widely than otnerwise permitted in subsections 1. and 2.
The parties shall cooperate in developing procedures for requesting and obtaining approval for such wider dissemination, and each party will grant
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such approval to the extent permitted by its national policies, regulations, and laws.
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- E.
Markina Procedures for Other Confidential or Privileaed Information of a Documenterv Nature A party receiving under this Arrangement other confidential or privileged information shall respect its confidential nature, provided such information is clearly marked so as to indicate its confidential
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or privileged nature and is accompanied by a statement indicating 1.
that the information is protected from public disclosure by the Government of the transmitting party; and 2.
that the information is transmitted under the condition that it be maintained in confidence.
F.
Dissemination of Other Confidential or Privileaed Information of a Documentary Nature Other confidential or privileged information may be disseminated in the.same manner as that set forth.in paragraph III.D.,. Dissemination---_.-
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of Documentary Proprietary Information.
G.
Non-Documentary Proorietary or Other Confidential or Privileaed Information Non-documentary proprietary or other confidential or privileged information provided in seminars and other meetings organized under l
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L.
. this Arrangement, or information arising from the attachments of staff, use of facilities, or joint projects, shall be treated by the parties according to the principles specified for documentary information in this Arrangement; provided, however, that the party comunicating such proprietary or other confidential or privileged information has placed the recipient on notice as to the character of the information comunicated.
H.
ConsultatioJ1 If, for any reason, one of the parties becomes aware that it will be, or may reasonably be expected to become, unable to meet the nondissemination provisions of this Arrangement, it shall immediately inform the other party. The parties shall thereafter consult to define an appropriate course of zction.
I.
Discute Resolution Any dispute or questions between the Parties concerning the interpretation or application of this Arrangement arising during its term shall be settled amicably through mutual negotiations and consultations.
. J.
Other Nothing contained in this Arrangement shall preclude a party from--
using or disseminating information received without restriction by a party from sources outside of this Arrangement.
IV.
FINAt PROVISIONS A.
This Arrangement shall enter into force upon signature and, subject to paragraph B. of this Article, shall remain in force for a period of five years.
It may be extended for a further period of time by written agreement of the parties.
B.
Either party may-terminate this Arrangement after providing the other party written notice 180 days prior to its intended date of termination.
- DONE,at-Rockville, Maryland on thee28th day-of,0ctober 1992,--in duplicate-in~ - - - -
the English language.
FOR THE UNITED STATES NUCLEAR FOR Til[ INDONESIAN NATIONAL ATOMIC REGULATORY COMMISSION:
ENERGY AGENCY:
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Ivan Selin, Chairman DJ W Ahimsa, Director Generai-
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INTELLECTUAL PROPERTY ADDENDUM Pursuant to Article III. of this Arrangement:
The Parties shall ensure adequate and effective protection of intellectual property created or furnished der this Arrangement and relevant implementing arrangements in accordance witi, their national laws and. regulations. The Parties agree to notify one another in a timely fashion of any inventions or copyrighted works arising under this Arrangement and-to seek protection for such intellectual property in a timely fashion.- Rights to such intellectual property shall be allocated as provided in this Addendum.
I.
SCOPE 1.
This Addendum is applicable to all cooperative activities undertaken pursuant to this Arrangement, except as otherwise specifically agreed by the Parties or their designees.
2.
For purposes of this Arrangement, " intellectual property" shall have the meanirs found in Article 2 of the Convention Establishing the World Intellectual Property Organization, done at Stockholm, July 14, 1967; y11, ' intellectual property' shall include the rights relating to:
- literary, artistic and scientific works,
- performances of artists, phonograms, and broadcasts,
- inventions in all fields of human endeavor,
- scientific discoveries,
- industrial designs,
- trademarks, service marks, and commercial names and designations,
- protection against unfair competition, and all other rights resulting from intellectual activity in the industrialescientific, literary,-or artisticsfields."--
ww-3.
This Addendum addresses the allocation of rights, interests, and royalties between the Parties.
Each Party shall ensure that the other Party can obtain rights to intellectual property allocated in.
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accordance with the Addendum by obtaining those rights from its own participants through contracts or other legal means, if necessary.
This Addendum does not otherwise alter or prejudice the allocation between a Party and its nationals, which shall be determined by that Party's laws and practices.
4.
Disputes concerning intellectual property arising under this Arrangement should be resolved through discussions between the concerned participating institutions or, if necessary, the Parties or their designees.
Upon mutual agreement of the Partie:, a dispute shall be submitted to an arbitral body as agreed by the Parties.
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Unless the Parties or their designees agree otherwise in writing, the arbitration rules of the United Nations Comission on International Trade Law (UNCITRAL) shall govern.
5.
Termination or expiration of this Arrangement shall not affect rights or obligations under this Addendum.
II. ALLOCATION OF RIGHTS 1.
Each Party shall be entitled to a non-exclusive, irrevocable, royalty-free license in all countries to translate, reproduce, and publicly distribute scientific and < 3chnical journal articles, reports, and books directly arising from cooperation under this Arrangement.
All publicly distributed copies of copyrighted work prepared under this provision shall indicate the names of the authors of the work unless an author explicitly declines to be named.
2.
Rights to all forms of intellectual property, other than those rights described in Section 11.1., above, shall be allocated as follows:
a.
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 share in a portion of any royalties earned by the host institution from the licensing of.such intellectual property.
b.
(1) For intellectual property created during joint researci, for example, when the Parties, participating institutior6 or pt.rticipating 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. The Party in whose country the invention was made shall have first option to acquire all ri ghts ; and d nte rests-i n e thi rd e countrie s tr I f-re s e arch-i st no t-designated as " joint research," rights to intellectual property arising from the research will be allocated in accordance with paragraph II.?..a., above.
In addition, each person named as an inventor shall be entitled to share in a portion of any royalties earned by either institution from the licensing of the property.
(2) Notwithstanding paragraph II.2.b.(1), 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 property shall nonetheless be entitled to royalties as provided in paragraph II.2.b.(1), above.
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