ML20238F664
| ML20238F664 | |
| Person / Time | |
|---|---|
| Issue date: | 08/25/1998 |
| From: | Shirley Ann Jackson, The Chairman NRC COMMISSION (OCM) |
| To: | Ridwan M INDONESIA, GOVT. OF |
| Shared Package | |
| ML20238F666 | List: |
| References | |
| NUDOCS 9809040178 | |
| Download: ML20238F664 (21) | |
Text
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UNITED ' STATES
? NUCLEAR REGULATORY COMMISSION J/.,
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. WASHINGTON, D.C. 20066-4001 August.25, 1998 CHARMAN Dr. Mohammad Ridwan, Chairman Baden Pengawas Tenaga Nuklir Godung 123, Kompleks PUSPIPTEK l
Serpong, Tangerang 15313 indonesia
Dear Dr. Ridwan:
Thank you for your letter of August 3,1998, advising me of the establishment on May 8 of -
Badan Pengewas Tenaga Nuklir (BAPETEN, the Indonesian Nuclear Energy Control Board)
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' and your appointment as Chairman. : I offer my sincere congratulations on these very real steps your govemment has taken toward nuclear regulatory independence. I look forward to working
. with you and BAPETEN in the future.
I was also pleased to leam that you can now procand with the proposed renewal of our technical information exchange and general cooperation arrangement on nuclear safety matters, originally entered into with BATAN (as parent organization of the Atomic Energy Control Bureau, then j
1 charged with carrying out regulatory responsibilities for Indonesia) for a five-year period on,
October 28,1992. I agree with you that the IAEA General Conference in Vienna this September provides an ideal opportunity to conclude this first renewal. - I have therefore asked our mission.
I in Vienna to work with yours to schedule a signing ceremony during the bilateral we hold each
. year on the' margins of the Conference. It will be good to make official once again the cordial i
nuclear safety relationship we have shared as well as to welcome you formally into the j
L community'of independent nuclear regulators.
I am enclosing a copy of the final draft document as NRC would propose to sign it, filled in to reflect BAPETEN as the Indonesian party and co-signer Please let me know right away if there are any problems with it. -. lf I do not hear from you, I will assume that all is well and look forward to our meeting next month.
Sincerely, M(t l
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Enclosure:
Draft USNRC-BAPETEN Arrangement t
.MS y.
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CORRESPONDENCE PDR L
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1 ARRANGEMENT-BETWEEN l
THE UNITED STATES NUCLEAR REGULATORY COMMISSION (USNRC)
AND t
l-THE INDONESIAN NUCLEAR ENERGY CONTROL BOARD (BAPETEN)
FOR THE EXCHANGE OF TECHNICAL INFORMATION -
AND COOPERATION IN NUCLEAR SAFETY MATTERS
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t September
.1998.
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ARRANGEMENT-
' BE1 WEEN THE UNITED STATES NUCLEAR REGULATORY COMMISSION (USNRC) l AND THE INDONESIAN NUCLEAR ENERGY CONTROL BOARD (BAPETEN)
FOR THE EXCHANGE OF TECHNICAL INFORMATION AND COOPERATION IN NUCLEAR SAFETY MATTERS -
'The United States Nuclear Regulatory Commission (hereinafter called the USNRC) and -
the Indonesian Nuclear Energy Control Board (hereinafter called BAPETEN);
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; Having similarly cooperated under the terms of a five-year " Arrangement for the Exchange of Technical Information and Cooperation in Nuclear Safety Matters," originally signed -
with BAPETEN's predecessor agency BATAN on October 28,1992, such Arrangement inclu' jing provision for its extension as mutually agreed upon by the parties; The USNRC and BAPETEN having now indicated their mutual desire to continue the cooperation so established for another five years; Also considering the " Agreement Between the Govemment of the United States of America and the Govemment of the Republic of Indonesia for Cooperation in Scientific
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Research and Technological Development";
Have agreed as follows:
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SCOPE OF THE ARRANGEMENT I
A'.
- To the extent that the USNRC and BAPETEN are permitted to do so under the l
laws, regulations, and policy directives of their respective countries, the parties
- will exchange the following types of technical information relating to the regulation of safety, safeguards, waste management, and environmental impact of i
designated nuclear energy facilities and to nuclear safety research programs.
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' 1.
Topical reports conceming technical safety, safegua' ds, waste r
management, and environmental effects written by or for one of the j
parties as a basis for, or in support of, regulatory decisions and policies.
I 2.
Documents relating to significant licensing 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 BAPETEN as similar to -
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certain facilities being built or planned in Indonesia and equivalent j
i 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 l^
L components and systems.
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3 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 govemment-directed reactor shutdowns, that are of immediate interest to
' the parties.
e 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 nuclear safety research which the parties have the right to disclose, either in the possession of one of the parties or -
available to it, including light water reactor safety informat' ion from the technical areas described in Addenda "A" and "B", attached hereto and made a part hereof. Cooperation in research areas may require a separate agreement, if determined to be necessary by the research organizations of one or both of the parties. Each party will transmit immediately to the other information concerning safety research results that requires early attention in the interest of public safety, along with an indication of significant implications.
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' B.
Within the limits of available resources and subject to the availability of l
appropriated funds, the USNRC will cooperate with BAPETEN in trying to provide certain training and experience for BAPETEN safety personnel. Costs of salary, allowances, and travel of BAPETEN participants will be paid by BAPETEN. The following are typical of the kinds of training and experience that may be provided:
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1.
BAPETEN inspector accompaniment of USNRC inspectors on operating reactor and reactor construction inspections in the U.S., including i
extended briefings at USNRC regional inspection offices, j
2.
- Participation by BAPETEN employees in USNRC staff training courses, i
3.
Assignment of BAPETEN employees for 6-24 month periods to the USNRC staff, to work on USNRC staff duties and gain on-the-job experience.
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4 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 BAPETEN's needs for technical advice, the parties will consult on the best means for fulfilling such
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'needs.. The USNRC will attempt, within the limits of appropriated resources and statutory authority, to assist BAPETEN in meeting these needs. For example,-
within these limits, the USNRC will attempt'to meet requests that come through the International Atomic Energy Agency for technical assistance missions to Indonesia by USNRC safety experts.
D.
. It is understood by both parties that the' safety cooperation described above is being undertaken as Indonesia considers a commitment to nuclear power generation. The details of this cooperation (extent, timing, participants, etc.) will be subject to re-evaluation as Indonesia reaches decisions in this area.
i ll.
ADMINISTRATION I
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. A meeting will ba held at such times as mutually agreed to l
review the exchange of'information, to recommend revisions to the provisions of h
the Arrangement, and to discuss topics within the scope of the exchange. 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 administrators referred to in paragraph B.
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B.
i An administrator will be designated by each party to coordinate its participation in 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 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 j.
. 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 ' xchange providing access to e
equivalent available information from both sides 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.
D.
The application or use of any information exchanged or transferred between the parties under this Arrangement will be the responsibility of the receiving party, and the transmitting party does not warrant the suitability of such information for any particular use or application.
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'i.
- 7 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 y
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 conceming such information to appropriate agencies of the govemment i-concemed. The foregoing shall not constitute a commitment of other agencies to :
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 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.
t-G.
Unless otherwise agreed, all costs resulting from cooperation pursuant to this Arrangement will be the responsibility of the party that incurs them. The ability of 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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8 111.
_ EXCHANGE AND USE OF INFORMATIONl A' General The parties support the widest possible dissemination of information provided or
- exchanged under this Arrangement, subject both to the need to protect proprietary or
'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.
B. Definitions 1.
The term "information" means nuclear energy-related regulatory, safety, safeguards, waste management, scientific, or technical data, including '
information on results or methods of confirmatory 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 information which:
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. a.
has been held in confidence by its owner; b.
is of a type which is customarily held in confidence by its owner; c.
has not been transmitted by the owner to other entitles (including the receiving party) except on the basis that it be held in confidence; 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 receiving party.
l 3.
The term "other confidential or privileged information" means information, other than " proprietary information," which is protected from public disclosure under the laws and regulations of the country of the party providing the information and which has been transmitted and received in confidence.
'C.
Marking Procedures for Documentary Proprietary 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:
i This document contains proprietary information fumished in confidence under an j
Arrangement dated September
.1998, between the United States Nuclear i
Regulatory Commission and the Indonesian Nuclear Energy Control Board and will not j
be disseminated outside these organizations, their consultants and contractors, and concemed departments and agencies of the Government of the United States and the Govemment of Indonesia without the prior approval of (name of transmitting party). This notice will be marked on any reproduction hereof, in whole or in part. These limitations.
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will automatically terminate when this information is disclosed by the owner without restriction.
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 unspecified by or contrary to the terms of this Arrangement without the consent of the transmitting party.
D.
Dissemination of Documentary Proprietary L. formation 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 Govemment departments and Govemment agencies in the country of the receiving Party.
2.
In addition, proprietary information may be disseminated without prior consent (a) to contractors or consultants of the receiving party located within the geographicallimits 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 subject matter of the proprietary information; 1
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'(b) to organizations permitted or licensed by the receiving party to
. construct or operatc nuclear production or utilization facilities, or to use nuclear mateiials and radiation sources, provided that such proprietary information is used only within the terms of the permit orlicense; 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 d,asemination of proprietary information under (a), (b),
and (c), 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 Ill.C., above.
3.
With the prior written consent of the party fumishing proprietary information under this Arrangement, the receiving party may disseminate such proprietary information more widely than otherwise permitted in subsections 1. and 2. 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.
n 4.,
I 12 E.
Markina Procedures for Other Confidential or Privileaed Information of a
_ Documentary Nature A party receiving under this Arrangement other confidential or privileged information will' respect its confidential nature, provided such information 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 Government of the transmitting party; and 2.
that the information is transmitted under the condition that it be maintained in confidencs 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 lli.D., Dissemination of Documentary
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Proprietary Information.
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. G.
~ Non-Documentary Proprietary or Other Confidential or Privileoed Information 4
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Non-documentary proprietary or other confidential or privileged information provided in seminars and other m' etings organized under this Arrangement, or
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e information' arising from the attachments of staff, use of facilities, or joint projects,.
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. will be treated by the parties according to the principles specified for documentary -
information in this Arrangement; provided, however, that the party communicating
- such proprietary or other confidential or privileged information has placed the recipient on notice as to the character of the information communicated.
L H.
Consultation 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 will immediately inform the other party.'.The parties will thereafter consult to define an appropriate course of action.
1.
Dispute Resolution l-Any dispute or questions between the parties conceming the interpretation or application of this Arrangement arising during its term will be settled amicably through mutual negotiations and consultations.
l-14-J.
Other Nothing contained in this Arrangement will preclude a party from using or disseminating information received without restriction by a party from sources outside of this Arrangement.
V.L
' FINAL PROVISIONS A. -
This Arrangement will enter into force upon signature and, subject to paragraph -
U 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.
B.
Either party may terminate this Arrangement after providing the other party.
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. written notice 180 days prior to its intended date of termination.
C.
Allinformation 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, unless otherwise agreed by the parties in writing.
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15 DONE at Vienna, Austria, on the.
day of September 1998, in duplicate in the English language.
FOR THE UNITED STATES NUCLEAR FOR THE INDONESIAN NUCLEAR REGULATORY COMMISSION:
ENERGY CONTROL BOARD:
Shirley Ann Jackson, Chairman Mohammad Ridwan, Chairman l
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ADDENDUM "A" l
Areas in Which the U.S.N.R.C. Is Performina ' LWR Safety Research -
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INTEGRITY OF REACTOR COMPONENTS 2.
PREVENTING DAMAGE TO REACTOR CORES 4
3.
REACTOR CONTAINMENT PERFORMANCE l
4.
CONFIRMING SAFETY OF NUCLEAR WASTE DISPOSAL
- 5.
.PROBABILISTIC RISK ASSESSMENT i
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l' ADDENDUM "B" Areas in Which BAPETEN Is Performina LWR Safety Research s
' (TO BE FILLED IN BY BAPETEN) l l..
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Il r
INTELLECTUAL PROPERTY ADDENDUM.
Pursuant to Article Ill. of this Arrangement:
The Parties shall ensure adequate and effective protection of intellectual property created or furnished under this Arrangement and relevant implementing arrangements in accordance with their national laws an' regulations. The Parties agree to notify one another in a timely fashion of d
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.
l.-
' 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 meaning found in Article 2 of the Convention Establishing the World Intellectual Property Organization, done at Stockholm, July 14,1967;.yig, " 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 in* >llectual activity in the industrial, scientific, literary, or artistic fields."
3.
This Addendum addresses the allocation of rights, interests, and royalties J
between the Parties. Each Party shall ensure 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 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 agreernent of the l.
Parties, a dispute shall be submitted to an arbitral body as agreed by the Parties.
Unless the Parties or their designees agree otherwise in writing, the arbitration p
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rules of the United Nations Commission on International Trade Law (UNCITRAL) -
shall govem.
5.
Termination or expiration of this Arrangement shall not affect rights or obligations j
under this Addendum.
11.
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 boc\\s directly arising from cooperation under this L
Arrangement. All publicly distributed copies of copyrighted work prepared under k
this provision shallindicate the names of the authors of the work unless an author
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explicitly declines to be named.
2.
Rights to all forms of intellectual property, other than those rights described in Section ll.1., above. shall be allocated as follows:
L 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 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 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 earned by either institution from the licensing of the property.
h (2) Notwithstanding paragraph II.2.b.(1), above, i' 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 li.2.b.(1), above.'