The Taipei Economic and Cultural Representative Office in the
United States (TECRO) and the American Institute in Taiwan (AIT)
hereinafter referred to as the Parties, in coordination with
their respective designated representatives, the 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, the AEC and NRC, for the
regulation of safety and environmental impact of nuclear
facilities;
Having similarly cooperated in coordination with their
designated representatives, the AEC and NRC, 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, and as amended and extended October 2, 1999;
Have agreed as follows:
I. SCOPE OF THE ARRANGEMENT
A. Technical Information Exchange
To the extent that their designated representatives the AEC
and NRC are permitted to do so under their laws,
regulations and policy directives, the Parties through
their designated representatives shall exchange the
following types of technical information relating to the
regulation of safety, safeguards (materials accountancy and
control 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
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 Annex "A" and "B," attached
hereto and made a part hereof. These Annexes 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 ’ s
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 the safety, safeguards, waste
management, radiation protection, nuclear security,
emergency preparedness and environmental impact
evaluation of nuclear facilities.
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, if
determined to be necessary by the research organizations of
one or both of the designated representatives of the
Parties. 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 letter of
agreement.
C. Training and Assignments
Within the limits of available resources and subject to the
availability of appropriated funds, the designated
representative of AIT 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 restricted to, the kinds of training and
experience that may be provided:
1. TECRO designated representative AEC inspector
accompaniment of AIT designated representative NRC
inspectors on reactor operation and reactor construction
inspection visits in the territory represented by AIT,
including extended briefings at AIT designated
representative NRC regional inspection offices.
2. Participation by TECRO designated representative AEC
employees in AIT designated representative NRC staff
training courses.
3. Assignment of TECRO designated representative AEC
employees for 6-24 month periods, to the staff of AIT
designated representative NRC, to work on staff duties,
and gain on-the-job experience.
4. Possible training assignments within the radiation
control programs of interested NRC Agreement States.
D. Technical Advice
To the extent that the documents and other information
provided by the designated representative of AIT as
described in paragraphs A. and C above are not adequate to
meet the designated representative of TECRO's needs for
technical advice, the Parties ’ designated representatives
shall consult on the best means for fulfilling such needs.
The designated representative of AIT shall attempt, within
the limits of appropriated resources and statutory
authority, to assist the designated representative of TECRO
in meeting these needs. For example, within these limits,
the designated representative of AIT shall attempt to meet
requests that come through the International Atomic Energy
Agency for technical assistance missions to the territory
of the authorities represented by TECRO by AIT designated
representative NRC safety experts.
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 B following.
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 available within the designated
representatives of the Parties to this Arrangement, but it
is available from other agencies in the territory 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.
Ill. 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 each Party
’ s designated representatives ’ laws, regulations and
policies and 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 of the designated
representative of a Party 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
A designated representative of a Party 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 Jan.4,
2011, between TECRO and AIT and shall not be disseminated
outside the designated representatives of TECRO and AIT,
respectively the AEC and NRC, their consultants,
contractors, and Licensees, and concerned departments and
agencies of authorities of the territories represented by
TECRO and AIT 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 of the
territory 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 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 designated representatives of the Parties shall
endeavor to grant such approval to the extent permitted
by their respective regulations and policies, 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
A designated representative of a Party 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 transmitting
designated representative of a Party; 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 designated
representatives of the Parties 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, it shall
immediately inform the other Party and its designated
representative. The Parties and 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 its 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 and their
designated representative 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. 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 to be reimbursed
shall be transferred to its designated representatives
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
Section, 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.
Signed in duplicate in the Chinese and English Languages. Both
texts are equally authentic.
FOR THE TAIPEI ECONOMIC AND FOR THE AMERICAN INSTITUTE IN
CULTURAL REPRESENTATIVE OFFICE TAIWAN
IN THE UNITED STATES
TaTung Chang Barbara J. Schrage
Deputy Representative Managing Director
Jan. 4, 2011 Jan. 4, 2011
Washington D.C. Washington D.C.