WHEREAS subject to the availability of personnel, material, and
appropriated funds, the U.S. Nuclear Regulatory Commission (her-
einafter referred to as "USNRC'), operating as the designated r-
epresentative of the American Institute in Taiwan (hereinafter
referred to as "AIT"), is carrying out programs of research into
the effects of severe accidents on nuclear power reactors;
WHEREAS the Taipei Economic ahd Cultural Representative Office
in the United States (hereinafter referred to as 'TECRO") has an
interest in access to information which has been developed and
continues to arise from these programs and wishes to collaborate
with AIT by exchanges of reports and data and by sponsoring the
assignment of individuals to these programs;
Considering that TECRO and the AIT, hereinafter referred to as
the Parties:
1.Have a mutual interest in cooperation in the field of Severe
accident safety research with the objective of improving and
thus ensuring the safety of civilian nuclear installations on
an international basis;
2.Recognize a need to equitably share both the resources result-
ing from this research and the effort required to develop tho-
se resources;
3.Have cooperated in this program in the past under an Agreement
between the Coordination Council for North American Affairs (C
CNAA), currently known as TECRO, and AIT which expired on Dec-
ember 31, 1999.
They have therefore AGREED as follows:
ARTICLE I - PROGRAM COOPERATION
The Parties, in accordance with the provisions of this Agreement
and subject to applicable laws and regulations in force in the
territories they represent, will join together in cooperative r-
esearch for the severe accident research program sponsored by t-
he AlT and for similar research programs sponsored by TECRO.
ARTICLE II - FORMS OF COOPERATION
Cooperation between the Parties through their designated repres-
entatives may take the following forms:
A.Exchange of information in the form of technical reports, exq-
eerimental data; correspondence, newsletters, visits, joint m-
eetings, and such other means as the Parties agree.
B.Temporary assignment of personnel of the designated represent-
ative of one Party or of the designated representative's cont-
ractors to the laboratory or facilities owned by the designat-
ed representative of the other Party or in which the designat-
ed representative of the other Party sponsors research. Each
assignment will be considered on a case-by-case basis and may
be the subject of a separate attachment-of-staff arrangement
between the Parties.
C.Execution of joint programs and projects, including those inv-
olving a division of activities between the designated repres-
entatives of Parties. Each joint program and project will be
considered on a case-by-case basis and may be the subject of a
separate agreement, if determined to be necessary by either of
the Parties to this Agreement or their designated representat-
ives. Otherwise, it will be accomplished by the exchange of l-
etters between the designated representatives of the Parties,
subject at least to the terms and conditions of this present
Agreement.
D.Use by the designated representative of one Party of faciliti-
es that are owned by or in which research is being sponsored
by the designated representative of the other Party.
Use of facilities may be subject to commercial terms and cond-
itions.
E.If a Party or its designated representative wishes to visit,
assign personnel, or use the facilities owned or operated by
entities other than the Parties to this Agreement or their de-
signated representatives, the Parties recognize that prior ap-
proval of such entities will in general be required by the Re-
ceiving Party or its designated representative.
F.Any other form agreed between the Parties.
AATICLE III - SCOPE OF AGREEMENT
A.AIT Scope of Responsibility
Subject to the availability of appropriated funds, the design-
ated representatives of AIT shall provide over the duration of
this Agreement the following specified goods and services rel-
ated to the USNRC severe accident safety research program stp-
eciffed in Appendix A.
Within the above guidelines and subject to TECRO financial co-
ntributions as indicated in Article VI, the designated repres-
entative of AIT will provide the designated representatives af
TECRO with the following:
- Copies of all pertinent technical program documents such as
quick-look reports, technical memoranda and notes, and labo-
ratory reports as soon as they have received appropriate ma-
nagement review by the designated repredentatives of AIT.
- On request, make available to TECRO through their designated
representatives the computer codes specified in Appendix A
and related documentation developed under this program and
accommodate reasonable requests for assistance in the insta-
llation of these codes in the computation system of the des-
ignated representative of TECRO including consultation on r-
esolving problems encountered by personnel using these codes
sponsored by the designated representatives of TECRO;
- Permit personnel sponsored by the designated representatives
of TECRO to participate in technical review meetings and te-
chnical progress meetings except for those meetings primari-
ly concerned with administrative and fiscal matters.
- Facilitate visits by personnel sponsored by the designated
representatives of TECRO to sites at which work relevant to
the objective is being carried out.
- Permit the assignment of personnel sponsored by the designa-
ted representatives of TECRO to visit or work in the design-
ated representative of AlT's program on severe accident res-
earch and to have full and ready access to relevant documen-
tation, codes and results as described above.
- Permit the invited designated representative experts of AIT
to visit TECRO's designated representative to make presenta-
tions on specific topics and/or review of on-going work in
the area of severe accident research.
B.VECRO Scope of Responsibility
Subject to the availability of appropriated funds, the design-
ated representatives of TECRO shall provide, over the duration
of this Agreement, the following specified goods and services
related to the nuclear reactor safety research areas specified
in this Agreement.
1.Severe Accident Research Program
The designated representatives of TECRO will participate in
the designated representatives of AlT's severe accident pro-
gram and future related programs in this area of nuclear sa-
fety research. The designated representatives of TECRO will
be considered a full partner in this international program
upon making financial contributions as indicated in Article
VI.
Assessments will be done by the designated representatives
of TECRO or the designated representativie's contractors in
applications of severe accident codes received from the des-
ignated representatives of AIT under the scope of this Agre-
ement. The assessments will consist of applications done on
experimental facilities at which the designated representat-
ive of TECRO has access to and/or in nuclear power plants in
Taiwan.
To the extent possible, the designated representative of TE-
CRO will provide the the designated representative of AIT w-
ith the results of the collaboration resulting from the des-
ignated representatives of TECRO's severe accident research
corresponding to technical areas under the scope of this Ag-
reement.
ARTICLE IV - ADMINISTRATION OF THE AGREEMENT
A.The designated representatives of AIT and TECRO will each app-
oint an Administrator to coordinate and determine the detailed
implementation of this Agreement. These Administrators may, at
their discretion, delegate this responsibility to the appropr-
iate technical staff with respect to a given issue.
B.The Agreement states restrictions concerning dissemination of
proprietary, confidential, or privileged information. Other i-
nformation that may be restricted includes matters related to
organization, budget, personnel, or management.
C.The designated representatives of AIT and TECRO will endeavor
to select technical personnel for assignment to these coopera-
tive programs who can contribute positively to the programs.
The designated technical personnel assigned for extended peri-
ods will be considered visiting scientists (non-salaried) wit-
hin the programs in this Agreement and will be expected to pa-
rticipate in the conduct of the analysis and/or experiments as
necessary.
D.Each Party to this Agreement and their designated representat-
ives will have access to all reports written by technical per-
sonnel of the other Party's designated representative assigned
to the respective programs that derive from the first Party's
participation in those programs.
E.Travel costs, living expenses, and salaries will be bome by t-
he Parties who incurred them unless specified otherwise.
ARTICLE V - EXCHANGE AND USE OF INFORMATION AND INTELLECTUAL PR-
OPERTY
A.General
The Parties support the widest possble dissemination of infor-
nation provided or exchanged under this Agreement, subject bo-
th 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 Agreement.
B.Definitions (As used in this Agreement)
1.The term "information' means nuclear energy-related regulat-
ory, safety, safeguards, waste management, scientific, or t-
echnical data, including information on results or methods
of assessment, research, and any other knowledge intended to
be provided or exchanged under this Agreement.
2.The term "proprietary information" means information created
or made available under this Agreement which contains trade
secrets or other privileged or confidential commercial info-
rmation (such that the person having the information may de-
rive an economic benefit from it or may have a competitiive
advantage over those who do not have it), and may only incl-
ude information which:
a.has been held in confidence by its owner;
b.is of a type which is customarily held in confidence by i-
ts owner;
c.has not been transmitted by the owner to other entities (
including the receiving Party or its designated represent-
ative) except on the basis that it be held in confidence;
d.is not otherwise available to the receiving Party or its
designated representative from another source without res-
triction on its further dissemination; and
e.is not already in the possession of the receiving Party or
its designated representative.
3.The term "other confidential or privileged information' mea-
ns information, other than "proprietary information," which
has been transmitted and received in confidence and which is
protected from public disclosure under the laws and regulat-
ions of the territory represented by the Party providing the
information.
C.MarkinP Procedures for Documentary Proprietary Information
A Party receiving documentary proprietary information pursuant
to this Agreement will respect the privileged nature thereof,
provided such proprietary information is clearly marked with
the following (or substantially similar) restrictive legend:
"This document contains proprietaty information fumished in c-
onfidence under an Agreement dated ________ between the Ameri-
can institute in Taiwan and the Taipei Economic and Cultural
Representative Office and will not be disseminated outside th-
ese organizations, their designated representatives, consulta-
nts, contractors, and licensees, and concemed departments and
agencies af the authorities in the territories represented by
the AIT and TECRO without the prior approval of (name of tran-
smitting Party). This notice shall be marked on any reproduct-
ion hereof, in whole or in part. These limitations will autom-
atically terminate when this information is disclosed by the
owner without restriction.' This restrictive legend shall be
respected by the receiving Party and proprietary information
bearing this legend will not be used for commercial purposes,
made public, or disseminated in any manner unspecified by or
contrary to the terms of this Agreement without the consent of
the transmitting Party.
D.Dissemination of Documentary Proprietary Infomnation
1.In general, proprietary information received under this Agr-
eement may be freely disseminated by the receiving Party wi-
thout prior consent to persons within or employed by the re-
ceiving Party, and to concerned authorities in the territory
represented by the receiving Party.
2.In addition, proprietary information may be disseminated wi-
thout prior consent:
a.to prime or subcontractors or consultants of the receiving
Party or its designated representative located within the
geographical limits of the territory represented by that
Party for use only within the scope of work of their cont-
racts with the receiving Party in work relating to the su-
bject matter of the proprietary information;
b.to domestic organizations permitted or licensed by the au-
thorities of the territory represented by the receiving P-
arty to construct or operate nuclear production or utiliz-
ation facilities, or to use nuclear materials and radiati-
on sources, provided that such proprietary information is
used only within the terms of the permit or license; and
c.to domestic contractors of organizations identified in D.2
.b., above, for use only in work within the scope of the
permit or license granted to such organizations;
Provided that any dissemination of proprietary information
under D.2.a., b,, and c., above, shall be on an as-needed,
case-by-case basis, shall be pursuant to an agreement of co-
nfidentiality, and shall be marked with a restrictive legend
substantially similar to that appearing in C. above.
3.With the prior written consent of the Party furnishing prop-
rietary information under this Agreement, the receiving Par-
ty may disseminate such proprietary information more widely
than otherwise permitted in subsections 1. and 2. The Parti-
es will cooperate in developing procedures for requesting a-
nd obtaining approval for such wider dissemination, and each
Party will grant such approval to the extent permitted by i-
ts policies, regulations, and laws.
E.Marking Procedures for Other Confidential or Privileged Infor-
mation of a Documentary Nature
A Party receiving under this Agreement 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 authorities of the territory represented by the transmi-
tting Party or their 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 info-
rmation may be disseminated in the same manner as that set fo-
rth in paragraph D., Dissemination of Documentary Proprietary
Information.
G.Non-Documentarv Proprietary or Other Confidential or Privilep-
ed Information
Non-documentary proprietary or other confidential or privileg-
ed information provided in seminars and other meetings arrang-
ed under this Agreement, or information arising from the atta-
chments of staff, use of facilities, or joint projects, shall
be treated by the Parties according to the principles specifi-
ed for documentary information in this Agreement; provided, h-
owever, that the Party or designated representative communica-
ting such proprietary or other confidential or privileged inf-
ormation has placed the recipient on notice as to the charact-
er of the information communicated.
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 non-dissemination provisions of this Agreement, it w-
ill immediately inform the other Party. The Parties shall the-
reafter consult to define an appropriate course of action.
I.Other
Nothing contained in this Agreement wiil preclude a Party from
using or disseminating information received without restricti-
on by a Party from sources outside of this Agreement.
ARTICLE VI - FINANCIAL CONSIDERATIONS
In addition to the technical contributions indicated under Arti-
cle 111.8, TECRO will contribute financially to AIT and its des-
ignated representative's program described in this Agreement. S-
pecifically, TECRO will contribute $50,000 USD per year for thr-
ee years through AIT to the Cooperative Severe Accident Research
Program. The first payment is to be made upon signature for cal-
ender year 2000. Successive payments are to be made on or before
the last day of June of each year.
ARTICLE VII - DISPUTES AND WARRANTY OF INFORMATION
A.All costs arising from implementation of this Agreement will
be borbe by the Party or designated representative that incurs
them except when specifically agreed to otherwise. It is unde-
rstood that the ability of the Parties and their designated r-
epresentative to carry out their obligations is subject to the
availability of funds.
B.Cooperation under this Agreement will be in accordance with t-
he laws and regulations of the respective territories represe-
nted by AIT and TECRO. Any dispute or questions, between the
Parties concerning the interpretation or application of this
Agreement arising during its term shall be settled by mutual
agreement of the Parties.
C.Information fumished by one Party to the other under this Agr-
eement will be accurate to the best knowledge and belief of t-
he Party supplying the information. However, the application
or use of any information exchanged or transferred between the
Parties under this Agreement will be the responsibility of the
Party receiving the information, and the transmitting Party d-
oes not warrant the suitability of the information for any pa-
rticular use or application.
D.The AIT and the designated representative make no warranties,
whatsoever, for the ability or suitability of any code or oth-
er analytical technique to perform in any particular manner f-
or any particular purpose, or to accomplish any particular ta-
sk. The AIT and its designated representative do not accept l-
iability for damages of any type that may result from the use
of codes or other analytical techniques provided under this A-
greement.
ARTICLE VIII - FINAL PROVISIONS
A.This Agreement shall enter into force upon signature with eff-
ect from January 1, 2000 and will remain in force for a period
of three years. All information protected by provisions of th-
is Agreement as proprietary, confidential, privileged, or oth-
erwise Subject to restriction on disclosure will remain so pr-
otected indefinitely, unless mutually agreed to in writing.
B.Either Party may withdraw from the present Agreement after pr-
ovidiing the other Party written notice at least 180 days pri-
or to its intended date bf withdrawal. The Party not withdraw-
ing shall reserve the right to determine if the withdrawal wi-
ll result in the other Party receiving a disproportionate sha-
re of the expected benefit from this Agreement. If so, both P-
arties will endeavor to reach an equitable settlement of the
matter through negotiation.
C.The Parties to this Agreement reserve the right to modify or
extend the specific activities described in Article III within
the intended scope of the Agreement upon written concurrence
of its Administrators or their designated representatives.
D.The designated representatives of AIT and TECRO recognize the
benefits of international cooperation and will endeavor to Ob-
tain a mutually agreeable continuation of this Agreement befo-
re its expiration.
E.All AIT designated representative's computer codes disseminat-
ed under this Agreement are to be considered privileged infor-
mation unless otherwise noted, are protected as such by the d-
esignated representatives of AIT, and shall be treated likewi-
se by the designated representatives of TECRO. They are, in p-
articular, subject to all the provisions of this Article incl-
uding the requirements for an agreement of confidentiality (A-
rticle V) prior to dissemination, with the exception that they
need not be marked with the restrictive designation. The codes
are subject to this protection in both object and source forms
and as recorded in any media.
The AIT's designated representative's codes and other related
analytical techniques covered under this Agreement and any im-
provements, modifications or updates to such codes or techniq-
ues are for the purpose of reactor and plant systems safety r-
esearch and licensing and will not be used for commercial pur-
poses, or for other benefits not related to the study of reac-
tor safety without the prior consent of AIT's designated repr-
esentative.
Among the code uses that will be permitted under this Agreeme-
nt are those related to research in the reactor safety area a-
nd analyses performed by the members or their contractors that
can assist regulators and plant personnel in assessing the sa-
fety of the plant, analyzing operating events, and training o-
perators. Specific examples of permitted analyses include: de-
sign basis accidents (e.g., loss-of-coolant-accidents), antic-
ipated transients, accident management and emergency operating
procedures, mid-loop operation, analysis to support PRA succe-
ss criteria, power upgrades and reload.
Prohibited uses of the code include: (1) analyses to develop a
new reactor design and
(2) analyses to support power upgrades and reload in the AIT's
designated representative's territory, unless performed by a
subsidiary of AIT's designated representative.
AIT's designated representative's codes and other related a-
nalytical techniques will not be advertised directly or by
implication to obtain contracts related to the construction
or servicing of nuclear facilities, nor will advertising im-
ply that the AIT's designated representative has endorsed a-
ny particular analyses or techniques.
In witness whereof, the Parties have hereto executed this Agree-
ment.
FOR THE TAIPEI ECONOMIC AND FOR ME AMERICAN INSTITUTE
CULTURAL REPRESENTATIVE OFFICE: IN TAIWAN:
TITLE:_________________________ BY:______________________
DATE:__________________________ TITLE:___________________
DATE:__________________________ DATE:____________________
PLACE:_________________________ PLACE:___________________
APPENDIX A
AIT AND DESIGNATED REPRESENTATIVE SEVERE ACCIDENT RESEARCH PROG-
RAM AREAS
1.Integrated Severe Accident Code
- MELCOR code development, assessment, and maintenance
- MELCOR Cooperative Assessment Program (MCAP)
2.Detailed in-Vessel Analysis Code
- SCDAP/RELAP 5 code development, assessment, and maintenance
3 Containment Analysis Codes
- CONTAIN code assessment and maintenance
4.Fission Product Behavior Code
- VICTORIA code development, assessment, and maintenance
INTELLECTUAL PROPERTY ADDENDUM
pursuant to Article V of this Agreement:
AIT and TECRO shall ensure adequate and effective protection of
intellectual property created or furnished under this Agreement
and relevant implementing arrangements. AIT and TECRO agree thr-
ough their designated representatives to notify one another in a
timely fashion of any inventions or copyrighted works arising u-
nder this Agreement and to seek protection for such intellectual
property in a timely fashion. Rights to such intellectual prope-
rty shall be allocated as provided in this Addendum.
I.SCOPE
A.This Addendum is applicable to all cooperative activities u-
ndertaken pursuant to this Agreement, except as otherwise s-
pecifically agreed by AIT and TECRO through their designees.
B.For purposes of this Agreement, 'intellectual property' sha-
ll have the meaning found in Article 2 of the Convention Es-
tablishing the World Intellectual Property Organization, do-
ne at Stockholm, July 14, 1967; viz., '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 desig-
nations,
- protection against unfair competition,
and all other rights resulting from intellectual activity in
the industrial, scientific, literary or artistic fields.
C.This Addendum addresses the allocation of rights, interests,
and royalties between AIT and TECRO and their designated re-
presentatives. Acting through their designated representati-
ves, AIT and TECRO shall ensure that the other Party can ob-
tain rights to intellectual property allocated in accordance
with the Addendum by obtaining those tights from its own pa-
rticipants through contracts or other legal means, if neces-
sary. This Addendum does not otherwise alter or prejudice t-
he allocation between:
- AIT and nationals of the territory represented by AIT whi-
ch shall be determined by the laws and practices applicab-
le in that territory or
- TECRO and nationals of the territory represented by TECRO
which shall be determined by laws and practices applicable
in that tenitory.
D.Disputes concerning intellectual property arising under this
Agreement should be resolved through discussions between AIT
and TECRO and their designees.
Upon mutual agreement of AIT and its designated representat-
ive and TECRO, a dispute shall be submitted to an arbitral
tribunal for binding arbitration in accordance with the app-
licable rules of international law. Unless AIT and TECRO or
their designees agree otherwise in writing, the arbitration
rules of the United Nations Commission on International Tra-
de Law (UNCITRAL) shall govern.
E.Termination or expiration of this Agreement shall not affect
rights or obligations under this Addendum.
II.ALLOCATION OF RIGHTS
A.The designated representatives of AIT and TECRO shall be e-
ntitled to a nonexclusive, irrevocable, royalty-free licen-
se in all countries to translate, reproduce, and publicly
distribute scientific and technical journal articles, repo-
rts, and books directly arising from cooperation under this
Agreement. All publicly distributed copies of copyrighted
work prepared under this provision shall indicate the names
of the authors of the work unless an author explicitly dec-
lines to be named.
B.Rights to all forms of intellectual property, other than t-
hose rights described in Section II(A) above, shall be all-
ocated as follows:
1.Visiting researchers, for example, scientists visiting p-
rimarily in furtherance of their education, shall receive
intellectual property rights under the policies of the h-
ost institution. In addition, each visiting researcher n-
amed as an inventor shall be entitled to share in a port-
ion of any royalties earned by the host institution from
the licensing of such intellectual property.
2 (a) For intellectual property created during joint resea-
rch, for example, when the designated representatives of
AIT and TECRO, participating institutions, or participat-
ing personnel have agreed in advance on the scope of work
, the designated representatives of AIT and TECRO shall
be entitled to obtain all rights and interests in the te-
rritory they represent. For inventions made in the terri-
tory represented by AIT, AIT's designated representative
shall have first option to acquire all rights and intere-
sts in territories not represented by AIT or TECRO. For
inventions made in the territory represented by TECRO, T-
ECRO's designated representative shall have first option
to acquire all rights and interests in territories not r-
epresented by TECRO or AIT. If research is not designated
as "joint research," rights to intellectual property ari-
sing from the research will be allocated in accordance w-
ith paragraph II.B.1. In addition, each person named as
an inventor shall be entitled to share in a portion of a-
ny royalties earned by either institution from the licen-
sing of the property.
(b) Notwithstanding paragraph ll.B,2.(a), if a type of intellec-
tual property is available under the laws of the territory
represented by AIT but not under the laws and practices app-
licable in the territory represented by TECRO, the designat-
ed representative of AIT shall be entitled to all rights and
interests worldwide Notwithstanding paragraph II.B.2.(a), if
a type of intellectual property is available under the laws
and practices applicable in the territory represented by TE-
CRO but not under the laws of the territory represented by
AIT, the designated representative of TECRO shall be entitl-
ed to all rights and interests worldwide. Persons named as
inventors of the property shall nonetheless be entitled to
royalties as provided in paragraph II.B.2.(a).