The Taipei Economic and Cultural Representative Office in the
United States (TECRO) and the American Institute in Taiwan
(AIT), hereinafter referred to individually as a Party and
collectively as the Parties, in coordination with their
respective designated representatives, Atomic Energy Council of
Taiwan (hereinafter called the AEC) and the Nuclear Regulatory
Commission (NRC) of the United States of America (hereinafter
called the NRC);

Having a mutual interest in exchange of information pertaining
to regulatory matters and of standards required or recommended
by their designated representatives for the regulation of safety
and environmental impact of nuclear facilities;

Having similarly cooperated in coordination with their
designated representatives in several areas designed to foster
the peaceful and non-explosive uses of atomic energy;

In accordance with the Taiwan Relations Act of April 10, 1979,
Public Law 96-8, (22 USC §§ 3301 et. seq.); and

In accordance with the Agreement Between the American Institute
in Taiwan and the Coordination Council for North American
Affairs Relating to the Establishment of a Joint Standing
Committee on Civil Nuclear Cooperation, signed at Taipei on
October 3, 1984, as amended and extended October 19, 1989, and
October 3, 1994;

Have agreed as follows:
I. SCOPE OF THE ARRANGEMENT
A. Technical Information Exchange
To the extent that their designated representatives are
permitted to do so under the laws, regulations and policy
directives applicable in the territories of the
authorities the Parties respectively represent, the
Parties, through their designated representatives, shall
exchange the following types of technical information
relating to the regulation of safety, safeguards
(materials control and accounting and physical
protection), waste management, radiation protection
(environmental monitoring, personal dose evaluation,
calibration, proficiency testing), nuclear security,
emergency preparedness and environmental impact of
designated nuclear facilities and to nuclear safety
research programs:
1. Topical reports concerning technical safety,
safeguards, waste management, radiation protection,
nuclear security, emergency preparedness and
environmental effects written by or for one of the
designated representatives of the Parties as a basis
for, or in support of, regulatory decisions and
policies.
2. Documents relating to significant licensing actions and
safety and environmental decisions affecting nuclear
facilities.
3. Detailed documents describing the NRC process for
licensing and regulating certain facilities in the
territory of the authorities represented by AIT and
designated by the AEC as similar to certain facilities
being built or planned in the territory of the
authorities represented by TECRO and equivalent
documents on such facilities existing in the territory
of the authorities represented by TECRO.
4. Information in the field of reactor safety research,
either in the possession of one of the designated
representatives of the Parties or available to it,
including light water reactor safety information from
the technical areas described in Addenda "A" and "B,"
attached hereto and made integral parts hereof. These
Addenda may be modified by agreement of the Parties.
Cooperation in these itemized safety research areas may
require a separate agreement, as determined to be
necessary by the research organizations of one or both
of the designated representatives of the Parties. Each
Party, through its designated representative, shall
transmit immediately to the other information
concerning research results that requires early
attention in the interest of public safety, along with
an indication of significant implications.
5. Reports on operating experience, such as reports on
nuclear incidents, accidents and shutdowns, and
compilations of historical reliability data on
components and systems.
6. Regulatory procedures for nuclear facilities safety,
safeguards, waste management, radiation protection,
nuclear security, emergency preparedness and
environmental impact evaluation.
7. Early advice of important events, such as serious
operating incidents and ordered reactor shutdowns that
are of immediate interest to the designated
representatives of the Parties.
8. Copies of regulatory standards required to be used, or
proposed for use, by the designated representatives of
the Parties.
B. Cooperation in Confirmatory Nuclear Safety Research
The terms of cooperation for joint programs and projects
of confirmatory nuclear safety research and development,
or those programs and projects under which activities are
divided between the designated representatives of the two
Parties, including the use of test facilities and/or
computer programs owned by the designated representative
of either Party, shall be considered on a case-by-case
basis and may be the subject of a separate agreement
between the Parties, if determined to be necessary by the
research organizations of one or both of the designated
representatives of the Parties. When not the subject of a
separate agreement, the terms of cooperation may be
established by an exchange of letters between the Parties,
and shall be subject 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 the
designated representative of one Party to the other
Party's designated representative shall also be considered
on a case-by-case basis and shall, in general, require a
separate agreement.
C. Training and Assignments
Within the limits of available resources and subject to
the availability of appropriated funds, AIT, through its
designated representative, shall cooperate with the
designated representative of TECRO in providing certain
training and experience for safety personnel of the
designated representative of TECRO. The following are
typical of, but not necessarily exclusive of, the kinds of
training and experience that may be provided:
1. AEC inspector accompaniment of NRC inspectors on
reactor operation and reactor construction inspection
visits in the territory of the authorities represented
by AIT, including extended briefings at NRC regional
inspection offices.
2. Participation by AEC employees in NRC staff training
courses.
3. Assignment of AEC employees for 6-24 month periods, to
the staff of NRC, to work on staff duties, and gain
on-the-job experience.
4. Possible training assignments within the radiation
control programs of interested U.S. states with
appropriate regulatory authority (“ NRC Agreement
States ” ).
D. Technical Advice
To the extent that the documents and other information
provided by the NRC as described in paragraphs A. and C.
above are not adequate to meet the AEC's needs for
technical advice, the Parties, through their designated
representatives, shall consult on the best means for
fulfilling such needs. AIT, through its designated
representative, shall attempt, within the limits of
appropriated resources and statutory authority, to assist
the AEC in meeting these needs. For example, within these
limits, AIT, through its designated representative, shall
attempt to meet requests that come through the
International Atomic Energy Agency for technical
assistance missions by NRC safety experts to the territory
of the authorities represented by TECRO.

II. ADMINISTRATION
A. The exchange of information under this Arrangement shall
be accomplished through letters, reports, and other
documents, and by visits and meetings arranged in advance
on a case-by-case basis. A meeting shall be held
annually, or at such other times as mutually agreed, 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 exchange. The time, place, and agenda for
such meetings shall be agreed upon in advance. Visits
which take place under this Arrangement, including their
schedules, shall have the prior approval of the
administrators referred to in paragraph II.B.
B. An administrator shall be designated by the designated
representative of each Party to coordinate its
participation in the overall exchange. The administrators
shall 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 shall be responsible for
developing the scope of the exchange, including agreement
on the designation of the nuclear 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 shall 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 shall determine the number of copies
to be provided of the documents exchanged. Each document
shall 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 designated representatives of the
Parties under this Arrangement shall be the
responsibility of the receiving designated
representative, and the transmitting designated
representative 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 immediately available to the
designated representatives of the Parties to this
Arrangement, but it is available from other agencies of
the authorities represented by the Parties, each Party,
through its designated representative, shall assist the
other to the maximum extent possible by organizing visits
and directing inquiries concerning such information to an
appropriate concerned agency. The foregoing shall not
constitute a commitment of such agencies to furnish such
information or to receive such visitors.

III. EXCHANGE AND USE OF INFORMATION
A. General
The Parties support the widest possible dissemination of
information provided, created, or exchanged under this
Arrangement, subject both to the requirements of the
laws, regulations and policies applicable in the
territories of the authorities the Parties respectively
represent and the need to protect proprietary and other
confidential or privileged information, and subject to
the provisions of the Intellectual Property Annex, which
is an integral part of this Arrangement.
B. Definitions
1. The term "information" means unclassified nuclear
energy-related regulatory, safety, safeguards, waste
management, radiation protection, scientific, or
technical data, including information on results or
methods of research and assessment, and any other
knowledge provided, created, or exchanged under this
Arrangement.
2. The term "proprietary information" means information
provided, created, or exchanged 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:
(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
entities (including the receiving designated
representative of a Party) except on the basis that
it be held in confidence;
(d) is not otherwise available to the receiving
designated representative of a Party from another
source without restriction on its further
dissemination; and,
(e) is not already in the possession of the receiving
designated representative of a Party.
3. The term "other confidential or privileged
information" means information, other than
"proprietary information," which is protected from
public disclosure under the laws, regulations, and
policies applicable in the territory of the
authorities represented by the Party whose designated
representative is providing the information and which
has been transmitted and received in confidence, or
is otherwise restricted by the provider.

C. Marking Procedures for Documentary Proprietary
Information

Each Party, through its designated representative that
is receiving documentary proprietary information
pursuant to this Arrangement, shall respect the
privileged nature thereof, provided 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 January 6,
2016, between AIT and TECRO and shall not be
disseminated outside the designated representatives of
AIT and TECRO, respectively the NRC and AEC, their
consultants, contractors, and Licensees, and concerned
departments and agencies of the authorities represented
by AIT and TECRO without the prior approval of (name of
the transmitting designated representative of a Party).
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
Parties to this Arrangement and their designated
representatives. Proprietary information bearing this
restrictive legend shall not be made public or otherwise
disseminated in any manner unspecified by or contrary to
the terms of this Arrangement without the prior written
consent of the transmitting designated representative of
a Party. Proprietary information bearing this
restrictive legend shall not be used by the receiving
Party or designated representative or contractors and
consultants for any commercial purposes without the
prior written consent of the transmitting designated
representative of a Party.

D. Dissemination of Documentary Proprietary Information
1. In general, proprietary information received under
this Arrangement may be disseminated by the receiving
designated representative of a Party without prior
consent to persons within or employed by the
receiving designated representative of a Party, and
to concerned departments and agencies of the
authorities represented by the receiving Party,
provided:
a. such dissemination is made on a case-by-case basis
to persons, or departments and agencies, having a
legitimate need for the proprietary information;
and
b. such proprietary information shall bear the
restrictive legend appearing in Section III.C. of
this Arrangement.
2. Proprietary information received under this
Arrangement may be disseminated by the receiving
designated representative of a Party without the
prior consent of the transmitting designated
representative of a Party to contractors and
consultants of the designated representative of a
receiving Party located within the geographical
limits of the territory of the authorities
represented by the relevant Party, provided:
a. that the proprietary information is used by such
contractors and consultants only for work within
the scope of their contracts with the receiving
designated representative of a Party relating to
the subject matter of the proprietary information,
and shall not be used by such contractors and
consultants for any other private commercial
purposes; and,
b. that such dissemination is made on a case-by-case
basis to contractors and consultants having a
legitimate need for the proprietary information
and who have executed a non-disclosure agreement;
and,
c. that such proprietary information shall bear the
restrictive legend appearing in Section III.C. of
this Arrangement.
3. With the prior written consent of the designated
representative of a Party furnishing proprietary
information under this Arrangement, the receiving
designated representative of a Party may disseminate
such proprietary information more widely than
otherwise permitted under the terms set forth in this
Arrangement. The Parties, through their designated
representatives, shall endeavor to grant such
approval to the extent permitted by the laws,
regulations and policies applicable in the
territories of the authorities they respectively
represent, provided:
a. that the entities receiving proprietary information
under Section III.D.3. of this Arrangement, including
domestic organizations permitted or licensed by the
receiving designated representative of a Party to
construct or operate nuclear production or
utilization facilities, or to use nuclear materials
and radiation sources, have a legitimate need for the
proprietary information and have executed a
non-disclosure agreement; and,
b. that the entities receiving proprietary information
under Section III.D.3. of this Arrangement, including
domestic organizations permitted or licensed by the
receiving designated representative of a Party to
construct or operate nuclear production or
utilization facilities, shall not use such
proprietary information for any private commercial
purposes; and,
c. that those entities receiving proprietary information
under Section III.D.3. of this Arrangement that are
domestic organizations permitted or licensed by the
receiving designated representative of a Party, agree
to use the proprietary information only for
activities carried out under or within the terms of
their specific permit or license.

E. Marking Procedures for Other Confidential or Privileged
Information of a Documentary Nature

Each Party, through its designated representative,
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 or privileged nature and
is accompanied by a statement indicating:
1. that the information is protected from public
disclosure by the authorities of the territory of the
Party representing the transmitting designated
representative; and,
2. that the information is transmitted under the
condition that it be maintained in confidence.

F. Dissemination of Other Confidential or Privileged
Information of a Documentary Nature

Other confidential or privileged information may be
disseminated in the same manner as that set forth in
paragraph D., Dissemination of Documentary Proprietary
Information.

G. Non-Documentary Proprietary or Other Confidential or
Privileged Information

Non-documentary proprietary or other confidential or
privileged information provided in seminars and other
meetings organized under this Arrangement, or
information arising from the attachments of staff, use
of facilities, or joint projects, shall be treated by
the Parties, through their designated representatives,
according to the principles specified for documentary
information in this Arrangement; provided, however, that
the designated representative communicating such
proprietary or other confidential or privileged
information has placed the recipient on notice as to the
character of the information communicated.

H. Consultation
If, for any reason, one of the designated
representatives of the Parties becomes aware that it
shall be, or may reasonably be expected to become,
unable to meet the non-dissemination provisions of this
Arrangement, the relevant Party, through its designated
representative, shall immediately inform the other Party
and its designated representative. The Parties, through
their designated representatives, shall thereafter
consult to define an appropriate course of action.

I. Other
Nothing contained in this Arrangement shall preclude a
Party or its designated representative from using or
disseminating information received without restriction
by a Party or its designated representative from sources
outside of this Arrangement.

IV. FINAL PROVISIONS
A. Nothing contained in this Arrangement shall require
either Party or its designated representative to take any
action which would be inconsistent with applicable
existing laws, regulations and policy directives. Should
any conflict arise between the terms of this Arrangement
and those laws, regulations and policy directives, the
Parties, through their designated representatives, shall
consult before any action is taken. No nuclear
information related to proliferation-sensitive
technologies shall be exchanged under this Arrangement.
B. Unless otherwise agreed, all costs resulting from
cooperation pursuant to this Arrangement shall be the
responsibility of the Party or designated representative
that incurs them. The ability of the Parties and their
designated representatives to carry out their obligations
is subject to the appropriation of funds by the
appropriate authority and to the laws and regulations
applicable to the Parties and their designated
representatives.
C. For any agreed upon reimbursable costs, the Party to be
reimbursed shall provide the other Party with an invoice
for actual expenses (e.g., travel and transportation
expenses incurred as part of a trip). The invoice shall
be supported with documentation of expenses incurred in
accordance with travel policies and procedures applicable
to the Party seeking reimbursement and its designated
representative. The Party to be reimbursed shall provide
any necessary evidentiary receipts and payment vouchers,
such as airline ticket receipts. Following receipt of
funds from its designated representative, the Party
responsible for reimbursement shall pay the Party to be
reimbursed for the evident costs within one month after
receiving the documented costs from the Party to be
reimbursed. Reimbursement funds received by the Party
shall be transferred to its designated representative
consistent with arrangements between the Party and its
designated representative.
D. Except as provided in Section II.D of the Intellectual
Property Annex, any dispute or question between the
Parties concerning the interpretation or application of
this Arrangement arising during its term shall be settled
by mutual agreement of the Parties.
E. This Arrangement shall enter into force upon the date of
the last signature and, subject to paragraph F of this
Article, shall remain in force for a period of five (5)
years. It may be extended for a further period of time by
written agreement of the Parties.
F. Either Party may terminate this Arrangement by providing
the other Party and its designated representative written
notice at least 180 days prior to its intended date of
termination.
G. All information protected by provisions of this
Arrangement as proprietary or other confidential or
privileged information shall remain so protected for the
duration of this Arrangement and after this Arrangement
has expired or terminated, unless otherwise agreed by the
Parties in writing.

DONE in the Chinese and English languages, both texts being
equally authentic.


FOR THE TAIPEI FOR THE
ECONOMIC AND AMERICAN
CULTRAL INSTITUTE IN
REPRESENTATIVE TAIWAN:
OFFICE IN THE
UNITED STATES:
BY:_______________ BY:_______________
TITLE: TITLE:
Deputy Representative Managing Director

DATE: Jan, 8, 2016 DATE: 1/6/16
PLACE: Washington D.C. PLACE: Washington D.C.