ML20135G421
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. js e # e tscg'o, UNITED STATES E' ~h NUCLEAR REGULATORY COMMISSION 5 WASHINGTON, D. C. 20555 l
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JUN 13 1984 Dr. Zoilo Bartolome Comissioner i Philippine Atomic Energy Comission P.O. Box 932 Metro Manila, The Philippines
Dear Dr. Bartolome:
I am pleased to extend this official invitation to Mr. Edgar G. Racho to be temporarily Comission (assigned to the staff of the United States Nuclear RegulatoryNRC), Of 12-month period, 6 months at each office, beginning June 1984. Mr. Racho, an employee of the Philippine Atomic Energy Comission (PAEC), will be assigned to the appropriate branches, where he will gain experience in the development, operations, and conduct of inspection programs.
Please let us know as soon as possible the exact date we may expect Mr. Racho. He should call Dr. Joseph D. Lafleur, Jr. (301) 492-7131, for any infomation or assistance he needs prior to reporting to Bethesda, Maryland.
In addition to the extension of this invitation, I would like this letter, upon your countersignatures, to serve as a memorandum of the following understandings:
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- 1. Mr. Racho will engage in activities essentially similar to those engaged 5 in by NRC employees, without any special " diverse experience" assignments .
except those that might be convenient to the NRC.
- 2. All salary, allowances, and travel costs for Mr. Racho will be assumed by
._ the IAEA and the PAEC.
, 3. The assignment will be for a period of 12 months. However, by mutual l consent of the signators to this memorandum, this assignment may be terminated prior to the expiration of such period or may be extended for an additional period. ,
- 4. The PAEC affirms that Mr. Racho is a permanent employee of its safety organization and will retain the employment relationship during his assignment to the NRC and reconnends him for his outstanding capability.
- 5. The PAEC affirms that Mr. Racho is capable of speaking, reading, and writing English fluently. '
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- 6. Mr..Racho shall observe all rules, regulations, and requirements of the NRC including, but not limited to, security, safety, health, hours of work, and conduct.
l i11es eso91%e-es'oeo7 gam a poR c
Dr. Zoilo Bartolome -2 JUN 131984
- 7. In his activities during this assignment, Mr. Racho may encounter information furnished to the NRC in confidence. Upon starting activities at the NRC, he will sign the enclosed statement (Annex 1) agreeing not to reproduce or remove any proprietary documents from their proper place of use and storage and agreeing not to disclose such information or in any other way violate the conditions under which the NRC receives and uses proprietary information. All signators will be provided signed copies of '
this memorandum.
- 8. Annex 2 describes the assignment of patents rights for patents resulting from this assignment.
- 9. Annex 3 is the proposed Security Plan for Mr. Racho.
- 10. The liability of the NRC for injury to Mr. Racho or damage to his property, the liability of Mr. Racho and the PAEC to the NRC for damage to its property, and the liability of Mr. Racho and the PAEC to third parties for personal injury or property damage will be governed by the applicable law of the United States and the laws of the several States.
The laws of the States are not uniform, but in general, no party shall be liable to another party for personal injury or property damage unless such injury or damage is caused by the fault, negligence, or intent of the one party or its agents. _
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Sincerely, ,
William J. Dircks Executive Director for Operations Zoilo Bartolome
Enclosures:
- 1. Annex 1
- 2. Annex 2
- 3. Annex 3 (To be completed when assignee arrives at NRC.)
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ANNEX 1 i
MEMORANDUM ON BUSINESS CONFIDENTIAL TECHNOLOGY, INFORMATION AND TRADE SECRETS Whereas, the Philippine Atomic Energy Commission, hereinafter referred to as the PAEC, and the United States Nuclear Regulatory Commission, hereinafter referred to as the NRC, have agreed by letter to the assignnent of the undersigned employee of the PAEC to the NRC; and Whereas, the NRC from time to time receives business confidential technology, information or trade secrets which are the property of others; 4
Now, therefore, in consideration of my assignment under this aareement in a capacity which could make available to me business confidential technology and trade secrets which are the property of others; I agree:
To keep confidential and not disclose or use during the period of my assignment or any extension thereof, or subsequent thereto, any business confidential technology, infonmation or trade secrets of the NRC or others, except as authorized or required by the NRC during my assignment to the NRC; and ,
Sot to permit any other individual to have access to any such business confidential technology, information or trade secrets in my possession
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unless within the terms of the aforementioned agreement, the NRC so authorizes and directs; and Not to make copies of or to take any papers containing such business confidential information from their proper places of use and storage.
Edgar G. Racho Date l
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,.- . ANNEX 2 l
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(3-753 UNITED STATES
- NUCLEAR REGULATORY COMMISSION AGREEMENT COVERING DISCOVERIES, -
INVENTIONS, AND IMPROVEMENTS
- 1. This Agreement is made by me with the United States Nuclear Regulatnry Commission (hereinafter called the " Commission") in consideration of my e'ngagement or employ.
ment by the Commission.
- 2. I hereby agree:
(a) To furnish the Commission with complete information on every inven: ion, discovery or improvement, arising from or related to work conducted or sponsored by the Commission, and made or conceived by me during the period of my engagernent or employment by the Commission; (b) That the Commission shall have the sole power to determine whether or not and where a patent application shall be filed, and to determine the disposition of the title and the rights under any such invention, discovery or improvement, and under any application or patent that may result; (c) That any claim for a pecur;ary awar6 or compensation under the Atomic Energy Acts of 1946 and 1954 hereby is waived with tespect to such invention, discovery or improvementt (d) That the judgmnt of the Commission on all such matters shall be accepted as ,
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- final; (c) To execute af; documents and to do all things necessary or proper to carry out E
the judgment of th- Commission. This will include aiding the Commission (at
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Government expense, by proper arrangement) in the prosecution of applications for patents, and in defense of the Government's rights, in any country.
- 3. The term ** Commission" shall include any duly authorized representative of the United States Nuclear Regulatory Commission. i i
Witness Date (Signature) ;
CONSENT AND WAIVER :
The foregoing Agreement of is hereby consented to and .spproved this day of and all rights under any prior >
agreement are hereby waived to the extent of any conflict with such Agreement.
By its i
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,- C Id G' h# 9' PRIORITY UNCLASSIFIED MANILA DEPARTMENT OF STATE E.O. 12356: N/A
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TNUC RP NRC ASSIGNMENT OF A PHILIPPINE NATIONAL The attached U.S. Nuclear Regulatory Comission letter of invitation to the Philippine Atomic Eneygy Comission is*-% -
self-explanatory. NRC would appreciate its delivery to Dr. Zoilo Bartolome (who awaits .its arrival) on an urgent basis. %
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Attachment:
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June 13.1984 Letter
- WJDircks. NRC, to ZBartolome. PAEC a
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