ML20198J147
| ML20198J147 | |
| Person / Time | |
|---|---|
| Issue date: | 11/24/1998 |
| From: | Stoiber C NRC OFFICE OF INTERNATIONAL PROGRAMS (OIP) |
| To: | |
| References | |
| SECY-98-272, SECY-98-272-01, SECY-98-272-1, SECY-98-272-R, NUDOCS 9812300098 | |
| Download: ML20198J147 (30) | |
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% . , , , . *#y POLICY ISSUE November- 24, 1998 SECY 272 EDE- The Commissioners FROM Carlton R. Stoiber, Director Office of Intemational Programs
SUBJECT:
PROPOSED ARRANGEMENT FOR TECHNICAL INFORMATION EXCP).NGE AND COOPERATION BE1 WEEN THE U.S. NRC AND ROMANIAN NATIONAL COMMISSION FOR NUCLEAR ACTIVITIES CONTROL .
PURPOSE-To advise the Commission of the staff's review of, and the Executive Branch's recommendation on, the above proposal and to recommend that the Commission approve the revised draft arrangement (attached).
BACKGROUND On July 15,1998, the United States and Romania signed the U.S.-Romania Agreement for Peaceful Nuclear Cooperation. Dr. Dan Cutolu, President of the National Commission for -
Nuclear Activities Control (CNCAN) in Romania, met the following day with Chairman Jackson.
During the course of their discussion, Dr. Cutoin proposed that the NRC and CNCAN sign a cooperative arrangement as a natural follow-on to the govemment-to-govemment Agreement for Peaceful Nuclear Cooperation. Dr. Cutoiu then left a draft arrangement for NRC consideration (Attachment 1).
The NRC has concluded bilateral arrangements for regulatory cooperation with agencies in over 30 countries. These arrangements express a mutual interest in exchanging information on regulatory matters, including nuclear safety and environmental standards and operational incident data. They outline the types of information to be exchanged, provide a basis for other agreements.or understandings to facilitate cooperation in safety research activities, and in most cases, identify forms of NRC training assistance which may be available. They also define 290002 ,
Contact:
Donna-Marie Perez, OIP ff ! H I 415-2848 1Y veta:woova 9s1124 PDR SECY
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, administrative ground rules such as assigning costs to the party that incurs them and the l proper handling of any company proprietary or other privileged information obtained under the l arrangement.
1 The resource implications of NRC's bilateral arrangements are individually modest. Whether adding Romania to the list of armngement partners would cost more or less than average would depend on how often they would seek to meet with NRC, how many NRC documents they might request, and how strongly they might press for special consideration in obtaining Office of Nuclear Regulatory Research-controlled computer codes. While we do not expect CNCAN to ,
request a large number of these services, staff would not expend any appreciable resources to l these ends without first informing the Commission.
DISCUSSION:
In an August 21,1998, letter with Romania's proposal attached, the staff requested Executive Branch views on the priority and appropriateness the U.S. Govemment assigns to initiating nuclear safety activities with Romania (Attachment 2). This step was taken particularly because of NRC's current budgetary and resource constraints, the scrutiny to which the Congress is now subjecting all of NRC's intemational activities, and because Romania's nuclear power program calls for commitments only to Canadian CANDU reactor technology for the foreseeable future.
On October 9,1998, the NRC received a letter from the Executive Branch supporting the arrangement, stating that it would " fulfill the obligation of the United States under Article IV of the NPT to engage in civil nuclear cooperation in a manner that furthers the objectives of the Treaty" (Attachment 3). The letter further states that the NRC should enter into this arrangement because the relatively new Romanian govemment has exposed past violations of nonproliferation norms and is now attempting to adopt exemplary nuclear nonproliferation policies. The Executive Branch also pointed out that the United States has long believed that countries which adhere to the NPT and accept full-scope IAEA safeguards should receive preferential treatment in peaceful nuclear cooperation.
Consequently, the NRC staff has restructured the Romanian proposal into a format similar to other NRC cooperative arrangements, but not quite as far-reaching as most (Attachment 4).
For example, the draft arrangement deletes long-term assignments, deletes assistance during nuclear emergencies, deletes additional safety advice, and limits the scope of the exchange to regulatory activities which are generic in nature because of the different power reactor technologies in the U.S. (LWR) and Romania (CANDU).
RECOMMENDATIONS:
It is the staff's recommendation, based on Executive Branch input, that the Commission approve the proposed arrangement with CNCAN. Upon Commission approval, staff will seek 9
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l interagency approval by the Circular 175 process. Signature of the arrangement will be l
scheduled at a mutually convenient time for NRC and Romania. l
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l Carlton R. Stoiber, Director Office of Intemational Programs i
l l Attachments: 1. Draft Romanian Arrangement j
- 2. August 21,1998 letter to Executive Branch w/att l
- 3. October 9,1998 letter from Executive Branch
- 4. NRC-CNCAN revised Arrangement
.i Commissioners' completed vote sheets / comments should be provided directly to SECY by c.o.b. Wednesday, December 9, 1998. Commission staff office comments, if any, should be submitted to the Commissioners NLT December 2, 1998, with an information copy to SECY. If the paper is of such a nature that it requires additional review and comment, the Commisaioners and the Secretariat should !
be apprised of when comments may be expected.
DISTRIBUTION:
Commissioners OGC OCAA OIG OPA OIP OCA ,
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l'. Dr. Dan Cutoiu President National Commission for Nuclear Activities Control 12 Libertatil Blvd.
,. Bucharest - 5 Romania July 17,1998 l
TLC *D M SL:CY l
2 J.L 96 9EWalMadam Jackson:
Thank you for taking the time out of your busy schedule to meet with me. I'm sure we will have a very fruitful dialogue.
Attached please find a "Memcrandum of Understanding for Cooperation and Exchange of Information in Nuclear Regulatory Affairs Between the National Commission for Nuclear Activities Control of Romania and the U.S. Nuclear Regulatory Commission." It is our intent to sign this agreement as soon as the US NRC is in a position to do so. Please let us know what the next steps should be.
Sincerely, 7
Dr. Dan Cutolu
' President National Commission for Nuclear Activities Control
Attachment:
Memorandum of Understanding l=
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MEMORANDUM OF UNDERSTANDING l FOR COOPERATION AND EXCHANGE OF INFORMATION IN NUCLEAR REGULATORY AFFAIRS BETWEEN THE NATIONAL COMMISSION FOR NUCLEAR ACTIVITIES CONTROL OF ROMANIA l l
l AND UNITED STATES NUCLEAR REGULATORY COMMISSION l The National Commission for Nuclear Activities Control of Romania and the United States Nuclear Regulatory Commission (the " parties"), mindful it is in the interest of the parties to enter into a Memorandum of Understanding for the exchange ofinformation, to provide for the exchange of the parties' personnel, and to provide for their personnel training and mutual assistance in nuclear regulatory matters, have agreed as follows:
1 ATTACHMENT 1
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L- Article I -Information to Be Exchanged 1
(1) Each party may request information from the other on any matter respecting the civil use of nuclear energy within the other's jurisdiction, including l
information respecting l (a) the siting, construction, commissioning, operation and decommissioning of nuclear installations,
.(b) legislation, regulations, licences, regulatory codes, standards, criteria and guides; (c) technical reports and safety assessment; (d) incident reports, press and public reactions to the incidents, and, in particular, information concerning any event that has a major radiological significance, and the remedial actions undertaken in
. response; (e). safety-related research in connection with licensing and supervision of nuclear installations; (f) radiation protection; l (g) the storage, discharge and treatment of radioactive wastes; and (h) the regula' ion of uranium mming, milling and waste management, L
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(2) Each party will use its best efforts to provide the information that may be L requested by the other pursuant to subarticle (1).
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(3) Either party may provide the other with any information that the party considers I may by ofinterest to the other without receiving a request for that information.
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Article II- Excepted Information j Each party's obligation to provide information pursuant to subarticle I(2) is I subject to (a) the respective laws, regulations or policies of or that relate to the party; l (b) any other contract, agreement or arrangement that binds the party, and (c) the right to refuse to provide the information that would be unreasonably difficult or costly to discover or provide, unless otherwise mutually agreed between the parties.
Article III- Use ofInformation (1) Each party may use and freely disseminate any information that it has received from the other party under this agreement without obtaining the further permission of the other party unless that information has been provided in confidence.
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(2) Each party may clearly identify in bold lettering on the front of any information that it may provide to the other under this agreement, that the informat'on is confidential and may impose restriction on the use and dissemination of the
-information.
(3) Each party will. respect the confidentiality of any information that is identified as confidential, that it receives from the other, by restricting the use and dissemination of the information to its employees and consultants, and its respective government, unless greater or lesser restrictions are imposed on the information, in which case, the greater or lesser restriction will be respected.
(4) Each party who makes use of any information that is provided to it under this agreement, will assume all risks incurred by its use of the information and will hold the other party harmless from any damage so incurred.
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' Article IV - Exchange of Personnel l (1) Each party may request that the other accept a temporary visit for the purpose l . of exchanging information or for technical regulatory training visit from a member or members of the requesting party's personnel, or personnel of another sponsored institution .
(2) Each party will use its best efforts to accommodate the visit that may be requested ,
by the other pursuant to subarticle (1).
(3) The parties may enter into an agreement that will govern the basis on which a
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visit will take place pursuant to subarticle (1).
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l Article V- Administration
- l. (1) Each party will' appoint a coordinator to implement and administer this I agreement.Each party will, upon entering into force of this agreement, notify to h other of the individual it has appointed as its coordinator.
(2) Each party will, forthwith, notify the other of any change of the individual it has appointed as its coordinator and the name of the new individual (3) Unless otherwise directed by the other party, all requests made and information provided under this agreement will be made or provided to the coordinator for the other party. Meetings between the parties will be arranged between the coordinators.
l (4) Unless otherwise mutually agreed between the parties, each party will be solely responsible for its own participation costs in this agreement, including the costs incurred by its coordinator in performing his responsibilities.
L (5) In connection with its participation in this agreement, each party will i
l (a) hold the other party harmless against any damage or injury and be responsible for any damage or injury that arises out of acts or omissions by its own personnel, and L (b) bejointly responsible for any damage or injury that arises out ofjoint acts or omissions by its personnel.
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l Article VI- Peaceful Uses ofInformation and Results l
The parties tndertake to ensure that the information received, or the results of the i
i activities carried out by them under this agreement, are used exclusively for peaceful ;
purposes. l j
1 Article VII- Amendments !
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This agreement may be amended, at any moment, by common consent of the parties, in the same manner as this agreement.
I Article VIII- Paramountcy This agreement supersedes all communications, negotiations and agreements, either written or oral, between the parties relating to this agreement prior to its signing.
I Article IX - Term of Agreement (1) The term of this agreement will be from to .
l (2) This agreement may be terminated at any time by either party by giving at least three months notice in writing to the other.
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Signed in duplicate, in Romanian and English both texts being equally authentic.
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l For the National Commission For the US Nuclear Regul:: tory l for Nuclear Activities Commission ]
Control of Romania l
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August 21, 1998 i
Mr. Richard J.K. Stratford, Director Bureau of Political-Military Affairs Office of Nuclear Energy Affairs i
U.S. Department of State 2201 C Street, N.W.
Washington, D.C. 20520
Dear Mr. Stratford:
On July 15,1998, the United States and Romania signed the U.S.-Romania Agreement for Peaceful Nuclear Cooperation. The next day, Dr. Dan Cetoiu, President of the National Commission for Nuclear Activities Control (CNCAN) in Romania, met with Chairman Jackson a ,
the Nuclear Regulatory Commission (NRC . During the course of their discussion, Dr. Cutoju stated that a natural follow-on to the Agree) ment for Peaceful Nuclear Coop the NRC and CNCAN to conclude a " Memorandum of Understanding for Cooperation and Exchange of Information in Nuclear Regulatory Affairs." Dr. Cutoiu handed Chairman Jackson a '
draft Memorandum of Understanding and requested that she consider signing it during his follow up visit to the U.S. this coming October.
We seek the Executive Branch's broader views on the priority and appropriateness the U.S.
Government assigns to initiating nuclear safety activities with Romania at this time, given NRC's current budgetary and resource constraints as well as the scrutiny to which the Congress is now subjecting all of NRC's intemational activities particularly new and seemingly peripheral ones. As you know, Romania's nuclear power pro, gram and announced plans for future development call for commitments only to Canadian CANDU reactor technology.
The NRC staff will forward your recommendation to the Commission. If the decision is made to proceed, the NRC staff would still expect to restructure the Remanian's proposalinto a cooperative arrangement more like our usual vehicle but probaMy not as wide-ranging.
Thank you in advance for your response to this inquiry. We look forward to hearing from you soon.
Sincerely, Onginalagned Dy Cdon R h Carlton R. Stoiber, Director Office of International Programs !
Enclosure:
Proposed Romanian Memorandum of Understanding DISTRIBUTION:
OIP r/f
/ l OIP Dir r/f V Central Files: T-5 C3 (IP-2A-54) l DOCUMENT NAME: G:\DMP\DOSROM.WPD To receive a copy of this document. Indicate in the box: "C* = Copy without enclosures
- E* = Copy with enclosures
- N* = No copy l
- SEE PREvlous CONCURRENCE OFFICE OIP/BCA l OIP/NEMR OIP/BCA NAME l OIP/NEMR l DMPerez:rg* DCChaney* HBSchechter* RDHauber*
DATE 8/17/98 8/17/98 , 8/17/98 8/17 /98 OFFICE OIP OlP (Vf NAME JDLee* CRStoiber '
DATE 8/19 /98 84t98 OFFICIAL RECORD COPY ATTACHMENT 2
., United States Department of State l
GU! Washington, D.C 20520 l ,
October 9,1998 Mr. Carlton R. Stoiber, Director Office ofInternational Programs
, U.S. Nuclear Regulatory Commission i Rockville, MD 20852-2738
Dear Mr. Stoiber:
I am pleased to respond to your letter of August 21,1998, which seeks Executive Branch views on the priority and appropriateness the U.S. Government assigns to the Nuclear Regulatory Commission's (NRC's) initiating nuclear safety activities with Romania at this time. Your letter indicates that, in a July meeting with NRC Chairman Jackson, Dr. Dan Cutoiu, President of Romania's National Commission for Nuclear Activities Control (CNCAN), requested that the NRC and the CNCAN conclude a
" Memorandum of Understanding for Cooperation and Exchange ofInformation in Nuclear Regulatory Affairs."
We believe that it is appropriate and fully consistent with NRC's international l responsibilities and authority for the NRC to enter into negotiations with the Romanians J at this time. Romania has been a party to the NPT since 1970. Since the 1989 revolution, Romanian leaders have demonstrated their full commitment to the NPT and to nuclear I
nonproliferation principles. The United States has long believed that states which adhere l to the NPT and accept full-scope IAEA safeguards, and are in full compliance with these l . undertakings, should receive a preference in peaceful nuclear cooperation.
Dr. Cutoiu's request to Chairman Jackson emphasizes the Romanian Government's express interest in strengthening its bilateral civil nuclear relationship with the United States. Granting Dr. Cutolu's request helps to fulfill the obligation of the United States under Article IV of the NPT to engage in civil nuclear cooperation in a l manner that furthers the objectives of the Treaty. Bilateral consultations under an MOU i between the NRC and CNCAN is particularly appropriate, given the new government's l
efforts to adopt exemplary nuclear nonproliferation policies, to expose past violations of l nonproliferation norms during the Ceaucescu regime, and to strengthen its nuclear
- regulatory regime.
ATTACHMENT 3 2
L Thank you for the opportunity to comment on this important initiative. We i
recommend that the NRC proceed with negotiation of the MOU. Our understanding is that if the NRC goes forward, the MOU will be similar to the cooperative agreements that l- NRC has negotiated in the past.
i Sincerely, S s ..
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Richard J. Stratford, Director Office ofNuclear Energy Affairs f
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l l 11/04/98 DRAFT:
G:\DCC%RRG-ROM.wpd l
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ARRANGEMENT 1
BETWEEN l
l l THE UNITED STATES NUCLEAR REGULATORY COMMISSION l l l (U.S.N.R.C.) l AND THE NATIONAL COMMISSION FOR NUCLEAR ACTIVITIES CONTROL OF ROMANIA l (C.N.C.A.N.)
FOR THE EXCHANGE OF TECHNICAL INFORMATiON l
AND COOPERATION IN NUCLEAR SAFETY MATTERS l
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ATTACHMENT 4
l-l ARRANGEMENT BETWEEN l THE UNITED STATES NUCLEAR REGULATORY COMMISSION (U.S.N.R.C.)
AND THE NATIONAL COMMISSION FOR NUCLEAR ACTIVITIES CONTROL OF ROMANIA (C.N.C.A.N.)
FOR THE EXCHANGE OF TECHNICAL INFORMATION l AND COOPERATION IN NUCLEAR SAFETY MATTERS I
The United States Nuclear Regulatory Commission (hereinafter called the U.S.N.R.C.)
and the National Commission for Nuclear Activities Control of Romania (hereinafter called the C.N.C.A.N.), the two together hereinafter referred to as the Parties; In recognition of the Agreement Between the United States of America and Romania Concerning Peaceful Uses of Nuclear Energy, signed in Washington, D.C., on July 15,1998; Having a mutual interest in a continuing exchange of information pertaining to regulatory matters and of standards required or recommended by their organizations for the regulation of safety and environmental impact of nuclear facilities; Have agreed as follows:
- 1. SCOPE OF THE ARRANGEMENT l.1 Technical Information Exchance To the extent that the U.S.N.R.C. and the C.N.C.A.N. are permitted to do so under the laws, regulations, and policy directives of their respective countries, the l Parties will exchange of the following types of technical information relating to the regulation of safety, safeguards, waste management, and environmental impact I
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, of designated nuclear facilities and activities as they are generic in nature. This
, limitation is imposed because the current Romanian program is based on heavy water reactor technology, while the U.S. program and, therefore, the U.S.N.R.C.'s expertise are in light water reactor technology and activities:
- a. Topical reports concoming safety, safeguards, waste management, and I
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- environmental effects written by or for one of the parties as a basis for, or in support of, regulatory decisions and policies.
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p b. Documents relating to significant licensing actions and safety and j l environmental decisions affecting nuclear facilities, i
j c. Detailed documents describing the U.S.N.R.C. process for licensing and regulating certain U.S. facilities and equivalent documents on such 4
Romanian facilities.
- d. Information in the field of reactor safety research which the Parties have the right to disclose, either in the possession of one of the Parties or i available to it, including light water reactor safety information from the technical areas described in Addenda "A" and "B", attached hereto and l made a part hereof. Cooperation in these itemized research areas may )
i require a separate agreement, as determined to be necessary by the '
research organizations of one or both of the Parties. Each Party will )
l transmit to the other urgent information conceming research results that >
require early attention in the interest of public safety, along with an !
indication of significant implications.
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- e. Reports on operating experience, such as reports on nuclear incidents, accidents and shutdowns, and compilations of historical reliability data on components and systems. )
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- f. Regulatory procedures for the safety, safeguards, waste management, and environmental impact evaluation of designated nuclear facilities.
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- g. Early advice of important events, such as serious operating incidents and l
govemment-directed reactor shutdowns, that are of immediate interest to !
the Parties.
I l.2 Coooeration in Safety Research The execution of joint programs and projects of safety research and development, or those programs and projects under which activities are divided i between the two Parties, including the use of test facilities and/or computer I programs owned by either Party, will be agreed upon on a case-by-case basis l
and may be the subject of a separate agreement, as determined to be necessary by one or both of the Parties. Other times, it may be accomplished by an exchange of letters between the Parties, subject at least to the terms and conditions of the present Arrangement. Technical areas specified by such exchanges of letters may be modified subsequently by mutual consent.
Temporary assignments of personnel by one Party in the other Party's agency )
will also be considered on a case-by-case basis.
1.3 Trainina and Assianments Within the limits of available resources and expertise and subject to the availability of appropriated funds, the U.S.N.R.C. will consider assisting the C.N.C.A.N. in providing certain training and experience for C.N.C.A.N. safety personnel. Costs of salary, allowances, and travel of C.N.C.A.N. participants will be paid by the C.N.C.A.N. The following are typical of the categories of such training and experience that may be provided:
- a. C.N.C.A.N. Inspector accompaniment of U.S.N.R.C. inspectors on reactor operation and reactor construction inspection visits in the U.S.,
including exte.nded briefings at U.S.N.R.C. regional inspection offices. l
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- b. Participation by C.N.C.A.N. employees in U.S.N.R.C.' staff training courses. i
- 11. ADMINISTRATION
- a. The exchange of information under this Arrangement will be accomplished through letters, reports, and other documents, and by visits and meetings arranged in advance on a case-by-case basis. Periodic meetings will be held to review the exchange of information and cooperation under this Arrangement, to recommend revisions to the Arrangement, and to discuss topics coming within the scope of the cooperation. The time, place, and agenda for such meetings will be agreed upon in advance. Visits which take place under the Arrangement, including their schedules, will have the prior approval of the two administrators l referred to in paragraph II.b.
- b. An administrator will be designated by each Party to coordinate its participation in j i
the overall exchange. The administrators will be the recipients of all documents transmitted under the exchange, including copies of all letters unless otherwise agreed. Within the terms of the exchange, the administrators will be responsible I for developing the scope of the exchange, including agreement on the designation 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 will assure that both administrators receive copies of all transmittals. These detailed arrangements are intended to assure, among other things, that a reasonably balanced exchange giving access to equivalent available information is achieved and maintained,
- c. The administrators will determine the number of copies to be provided of the documents exchanged. Each document will be accompanied by an abstract in English,250 words or less, describing its scope and content.
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, d. The application or use of any information exchanged or transferred between parties under this Arrangement will be the responsibility of the receiving Party, ;
1 and the transmitting Party does not warrant the suitability of such information for any particular use or application.
- e. Recognizing 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 govemments of the Parties, each Party will assist the other to the maximum extent possible by organizing visits and directing inquiries concoming such information to appropriate agencies of the government l concemed. The foregoing will not constitute a commitment of other agencies to l fumish such information 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 existing laws, regulations, and policy l directives. No nuclear information related to proliferation-sensitive technologies
! will be exchanged under this Arrangement. Should any conflict arise between the terms of this Arrangement and those laws, regulations, and policy directives, the Parties agree to consult before any action is taken. I
- g. Cooperation under this Arrangement will be govemed by the laws and regulations )
of the respective countries. Any dispute or questions between the Parties I conceming the interpretation or application of this Arrangement arising during its term will be settled by mutual agreement of the Parties.
- h. Unless otherwise agreed, all costs resulting from cooperation pursuant to the Arrangement will be the responsibility of the Party that incurs them. The ability of 4
the Parties to carry out their obligations is subject to the appropriation of funds by
, the appropriate govemmental authority and to laws and regulations applicable to the Parties.
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. l 111. EXCHANGE AND USE OF INFORMATION The Parties support the widest possible dissemination of information provided or i
exchanged under this Arrangement, subject both to the need to protect proprietary or i
other confidential or privileged information as may be exchanged hereunder, and to the provisions of the Intellectual Property Addendum, which is an integral part of this Arrangement.
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- a. For the purposes of this Arrangement, the term "information" means nuclear energy-related regulatory, safety, safeguards, waste management, scientific, or l
technical data, results or methods of research and development, and any other knowledge intended to be provided or exchanged under this Arrangement.
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! b. For the purposes of this Arrangement, the term " proprietary information" means information made available under this Arrangement which contains trade secrets or other privileged or confidential information (such that the person having the j l
information may derive an economic benefit from it or may have a competitive adiant::ge over those who do not have it), and may only include information which:
(1) has been held in confidence by its owner, (2) is of a type which is customarily held in confidence by its owner; (3) has not been transmitted by the owner to other entities (including the receiving Party) except on the basis that it be held in confidence; (4) is not otherwise available to the receiving Party from another source l without restrictions on its further dissemination; and
' (5) is not already in the possession of the receiving Party.
- c. For the purposes of this Arrangement, the term "other confidential or privileged inforrnation" means information, other than " proprietary information," which is a
i protected from public disclosure under the laws and regulations of the country 1
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l confidence.
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- d. A Party receiving documentary proprietary information pursuant to this Arrangement will 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 fumished in confidence under an Arrangement dated between the United States Nuclear Regulatory Commission and the National Commission for Nuclear Activities Control of Romania and will not be disseminated outside these organizaties, their consultants, contractors, and licensees, and concemed department , and agencies of the Govemment of the United States and the Govemment of Romania without the prior approval of(name of the transmittina Partvt This notice will be marked on any reproduction hereof, in whole or in part. These limitations will automatically terminate when this information is disclosed by the owner without restrictions.
This restrictive legend will be respected by the receiving Party and proprietary information bearing this legend will not be used for commercial purposes, made public, or disseminated in any manner untpatied Sy or contrary to the terms of this Arrangement without the consent of the transmitting Party.
- e. 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 Govemment agencies in the country of the receiving Party.-
- f. In addition, proprietary information may be disseminated without prior consent (1) to contractors or consultants of the receiving party located with;.i Se geographical limits of that Party's nation, for use only within the scope of work of their contracts with the receiving Party in work relating to the i
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. 4 subject matter of the proprietary or other confidential or privileged information; (2) to domestic organizations permitted or licensed by the receiving Party to construct or operate nuclear production or utilization facilities, or to use l nuclear materials and radiation soure.es, provided that such proprietary r -
other confidential or privileged information is used only within the terms of
.the permit or license; and j (3) to contractors of organizations identified in (2), above, for use only in work within the scope of the permit or license granted to such organizations; orovided that any dissemination of proprietary information under f. (1), (2), and (3), above, will be on an as-needed, case-by-case basis, will be pursuant to an agreement of confidentiality, and will be marked with a restrictive legend substantially similar to that appearing in d., above.
- g. With the prior written consent of the Party fumishing proprietary information under this Arrangement, the receiving Party may disseminate such proprietary 1 information more widely than otherwise permitted in subsections e. and f. The Parties will cooperate in developing procedures for requesting and obtaining approval for such wider dissemination, and each Party will grant such approval to the extent permitted by its national policies, regulations, and laws.
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- h. A Party receiving under this Arrangement other confidential or privileged !
information will respect its confidential nature, orovided such inforrnation is clearly ;
marked so as to indicate its confidential or privileged nature and is accompanied by a statement indicating (1) that the information is protected from public disclosure by the Govemment of the transmitting party, and (2) that the information is transmitted under the condition that it be maintained in confidence.
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- i. Other confidential or privileged inforrr.:. tion may be disseminated in the same manner as that set forth in paragraph d., above. ,
J. Non-documentary proprietary or other confidential or privileged information provided in seminars and other meetings arranged under this Arrangement, or f informa.'m arising from attachments of staff, use of facilities, or joint projects, will be treated by the Parties according to the principles specified for documentary information in this Arrangement; provided, however, that the Party 1
communicating such proprietary or other confidential or privileged information has placed the recipient on notice as to the character of the information communicated.
- k. 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 non-dissemination provisions of this Article, it willimmediately inform the other Party. The Parties will thereafter consult to define an appropriate course of action.
- l. Nothing contrened in this Arrangement will preclude a Party from using or disseminating information received without restriction by a Party from sources outside of this Arrangement.
IV. DURATION .
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- a. This Arrangement will enter into force upon signature and, subject to paragraph
- b. of this Article, will 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.
l b. - Either Party may terminate this Arrangement after providing the other Party written notice 180 days prior to its intended date of termination.
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- c. All information protected by provisions of this Arrangement as proprietary or other confidential or privileged information will remain so protected for the l duration of this Arrangement and after this Arrangement is expired or terminated, J
unless otherwise agreed by the Parties in writing. l DONE at on this day of 1999, in duplicate, in the English and Romanian languages, both texts being equally authentic. 4 FOR THE UNITED STATES NUCLEAR FOR THE NATIONAL COMMISSION REGULATORY COMMISSION FOR NUCLEAR ACTIVITIES CONTROL i OF ROMANIA l
Shirley Ann Jackson, Chairman Dan Cutolu, President 4
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. A-1 Addendum "A" l
U.S.N.R.C. - C.N.C.A.N. Reactor Safety Research Exchance l
Areas in Which the U.S.N.R.C. Is Performina LWR Safety Research i
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- 1. Integrity of Reactor Components
- 2. Preventing Damage to Reactor Cores
- 3. Reactor Containment Performance
- 4. Confirming the Safety of Nuclear Waste Disposal
- 5. Probabilistic Risk Analysis l
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'. B-1 ,
Addendum "B" U.S.N.R.C. - C.N.C.A.N. Safety Research Areas in Which the C.N.C.A.N. Is Performina Reeeerch !
TO BE FILLED IN BY THE C.N.C.A.N.
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- INTELLECTUAL PROPERTY ADDENDUM 1
Pursuant to Article Ill. of this Arrangement:
i The Parties shall ensure adequate and effective protection of intellectual property created or furnished under this Arrangement and relevant implementing arrangements. The Parties agree l to notify one another in a timely fashion of any inventions or copyrighted works P.-ising under ihis 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.
- l. SCOPE
- 1. This Addendum is applicable to all cooperative activities undertsken 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 meaning found in Article 2 of the Convention Establishing the World Intellectual Property Organization, done at Stockholm, July 14,1967;.yjt., ' intellectual property'shall include the rights relating to:
- literary, artistic and scientific works,
- performances of artists, phonograms, and broadcasts, !
- inventions in all felds 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 industrial, scientific, !
literary, or artistic fields."
- 3. .This Addendum addresses the allocation of rights, interests, and royalties between the Parties. Each Party shall ensurc that the other Party can obtain rights to intellectual property allocated in 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 l allocation between a Party and its nationals, which shall be determined by that l Party's laws and practices.
l l 4. Disputes concerning intsllectual property arising under this Arrangement should be resolved through discussions between the concemed participating institutions y --,
. IPR-2 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 intemational law. Unless the Parties or their designees agree otherwise in writing, the arbitration rules of the United Nations Commission on intemational Trade Law (UNCITRAL) shall govem.
- 5. Termination or expiration of this Arrangement shall not affect rights or obligations under this Addendum.
1 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 technical joumal articles, reports, and books directly arising from cooperation under this Arrangement. All publicly distributed copies of copyrighted work prepared under this provision shallindicate the names of th6 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 l1.1., above, shall be allocated as follows:
- a. Visiting researchers, for example, scientists visiting primarily in furtherance of their education, shall receive intellectual proparty 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 eamed by the host institution from the licensing of such intellectual property,
- b. (1) 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 i 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 rights and interests in third countries. If research is not designated as " joint research," rights to intellectual property arising from the research will be allocated in accordance with paragraph II.2.a., above. In addition, each person named as an inventor shall be entitled to share in a portion of any royalties eamed by either institution from the licens:ng 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
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? IPR-3 not of 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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