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 Taiwan
Atomic Energy Council and the United States Nuclear Regulatory
Commission;

Having a mutual interest in a continuing exchange of information
pertaining to regulatory matters and of standards required or
recommended by their designated representatives for the
regulation of safety and security for nuclear facilities and
radioactive materials, the implementation of safeguards,
emergency preparedness, radiation protection, the environmental
impact of nuclear facilities and radioactive materials, and
nuclear safety research programs.

Having similarly cooperated through their designated
representatives under the terms of prior arrangements for the
exchange of technical information and cooperation in nuclear
safety matters, most recently in the Arrangement signed on
January 6 and 8, 2016: and

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

Have agreed as follows:

I. SCOPE OF THE ARRANGEMENT
A. Unclassified Technical Information Exchange
To the extent that the Parties, through their designated
representatives, are permitted to do so under the laws,
regulations, and policies applicable in the territories of
the authorities the Parties respectively represent, the
Parties, through their designated representatives, may
cooperate and exchange unclassified technical information
relating to: the regulation and oversight of safety and
security for nuclear facilities and radioactive materials;
the implementation of safeguards; emergency preparedness;
radiation protection; the environmental impact of nuclear
facilities and radioactive materials; and nuclear safety
research programs. Examples of such information include:
1. Topical reports 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 a designated
representative ’ s process for licensing and
regulating nuclear facilities and radioactive
materials.
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.
Each Party, through its designated representative,
shall make its best efforts to 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 constructing, operating and decommissioning
experiences for nuclear facilities and/or experience
with radioactive materials, such as reports on nuclear
incidents, accidents, shutdowns, and compilations of
historical reliability data on components and systems.
6. Regulatory and oversight procedures for safety and
security for nuclear facilities and radioactive
materials, implementation of safeguards (nuclear
materials accountancy and control), emergency
preparedness, radiation protection, environmental
impact evaluations for nuclear facilities and
radioactive materials, and nuclear safety research
programs.
7. Early notification of important incidents and emerging
technical issues that are of immediate interest to the
Parties and their designated representatives.
B. Cooperation in Nuclear Safety Research
The terms of cooperation for joint programs and projects
of nuclear safety research and development, or those
programs and projects under which activities are divided
between the designated representatives of the Parties,
including the use of test facilities and/or computer code
sharing 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 TECRO-AIT
implementing agreement.
C. Training and Assignments
Within the limits of available resources and subject to
the availability of appropriated funds, the Parties,
through their designated representatives, may cooperate in
providing certain training and experiential opportunities
for each other ’ s personnel. In addition, temporary
assignments of personnel from one designated
representative to the other designated representative
shall also be considered on a case-by-case basis and
shall, in general, require a separate agreement. Unless
otherwise agreed in writing, costs of salary, allowances,
and travel of participants shall be paid by the Party,
through its Designated Representative, that incurs them.
II. ADMINISTRATION
A. The exchange of information under this Arrangement may be
accomplished through letters, reports, and other
documents, and by visits and meetings arranged in advance
on a case-by-case basis. Periodic meetings may be held to
review the exchange of information and cooperation under
this Arrangement, and to discuss topics within the scope
of the cooperation. The time, place, and agenda for such
meetings shall be agreed upon in advance.
B. An administrator shall be selected by each Party, through
its designated representative, to coordinate its exchange
activities under this Arrangement, in consultation with
the Parties as appropriate. The administrators shall be
the recipients of documents transmitted under the
exchange, including copies of all letters, unless
otherwise agreed or unless otherwise provided herein. The
administrators shall be responsible for development and
coordination of the scope of any exchange in consultation
with the Parties. One or more technical coordinators may
be appointed by the Parties, through their designated
representatives, as direct contacts for specific
disciplinary areas. These technical coordinators shall
ensure that both administrators receive copies of all
transmittals.
C. The application or use of any information exchanged
between the Parties, including through their designated
representatives, under this Arrangement shall be the
responsibility of the receiving Party, through its
designated representative, and the transmitting Party or
its designated representative do not warrant the
suitability of such information for any particular use or
application.
D. To the extent possible, each Party, through its
designated representative, shall assist the other in
obtaining information from other agencies within the
authorities of their respective territories.
III. EXCHANGE AND USE OF INFORMATION
A. General
1. The Parties, through their designated
representatives, support the widest possible
dissemination of information exchanged under this
Arrangement, subject 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 and privileged
information. However, consistent with these laws,
regulations, and policies, the Parties, through their
designated representatives, reserve the right to
impose, on a case-by-case basis, additional
restrictions on the dissemination of information
beyond those identified in this Article.
2. The treatment of intellectual property provided,
created, or exchanged under this Arrangement is
provided for in the Intellectual Property Rights
Annex, which shall apply to all activities conducted
under this Arrangement unless agreed otherwise by
Parties, in consultation with their designated
representatives, in writing.
3. The Parties agree that their designated
representatives shall have primary responsibility for
implementing the terms of this Article and agree to
take necessary steps to ensure their designated
representatives ’ compliance with this Article.
B. Definitions
1. The term “ information ” means unclassified
technical information relating to: the regulation and
oversight of safety and security for nuclear
facilities and radioactive materials; the
implementation of safeguards; the environmental
impact of nuclear facilities and radioactive
materials; and nuclear safety research programs. It
also includes scientific or research data, methods of
assessment, or any other knowledge or information
provided, created, or exchanged under this
Arrangement.
2. The term “ proprietary information ” means
information that is provided, created, or exchanged
under this Arrangement that contains trade secrets or
other commercial information (such that the person
possessing the proprietary information may derive an
unfair commercial advantage over those persons not
possessing it).
3. The term “ other confidential or privileged
information ” means information other than “
proprietary information ” that is protected from
public disclosure under the laws, regulations, or
policies applicable in the territory of the
authorities represented by the Party whose designated
representative is transmitting the information under
this Arrangement.
C. Documentary Proprietary Information
1. A designated representative of a Party receiving
documentary proprietary information shall respect the
privileged nature of such information.
2. Marking Procedures for Documentary Proprietary
Information
a. A designated representative of a Party
transmitting documentary proprietary information
under this Arrangement shall ensure that the
proprietary information is clearly marked on each
page of the document with the following (or
substantially similar) restrictive legend:
“ Proprietary Information: Do not share without
the written consent of (insert name of
transmitting designated representative of a Party)
”
b. The receiving designated representative of a Party
shall not make documentary proprietary information
bearing this restrictive legend public or
otherwise disseminate the documentary proprietary
information in any manner inconsistent with or
contrary to the terms of this Arrangement without
the prior written consent of the transmitting
designated representative of a Party.
c. The receiving designated representative of a Party
shall ensure that this restrictive legend appears
on any photocopy or other reproduction of
documents containing documentary proprietary
information made by the receiving designated
representative of a Party.
d. In the event that the transmitting designated
representative of a Party shares documentary
proprietary information without the required
restrictive legend, the transmitting designated
representative shall inform the receiving
designated representative at the earliest possible
opportunity and provide the receiving designated
representative with properly marked documents
bearing the restrictive legend.
e. The receiving designated representative of a Party
shall make its best efforts to gather and prevent
the further dissemination of the improperly marked
documents containing proprietary information and
replace them with properly marked documents.
f. In the event that the receiving designated
representative of a Party shares documentary
proprietary information in a manner that is
inconsistent with or contrary to the terms of this
Arrangement, the receiving designated
representative shall promptly notify the
transmitting designated representative.
3. Dissemination of Documentary Proprietary Information
a. The receiving designated representative of a Party
may disseminate documentary proprietary
information received under this Arrangement
without the prior consent of the transmitting
designated representative of a Party to employees
of the receiving designated representative, and to
other agencies and departments of the authorities
represented by the receiving Party, provided that:
i. A case-by-case determination documents that
such employees and other agencies and
departments have a need-to-know for the
information to perform their official duties;
ii. The receiving designated representative of a
Party ensures that such employees and other
agencies and departments shall not use the
documentary proprietary information for any
private commercial purpose; and
iii. Such documentary proprietary information bears
the restrictive legend set forth in Article III
.C.2.a of this Arrangement.
b. Nothing in this Arrangement prevents the
disclosure of documentary proprietary information
between a Party and its designated representative
or between the Parties for purposes of
implementation of this Arrangement.
c. The receiving designated representative of a Party
may only disseminate documentary proprietary
information more widely than otherwise permitted
under the terms set forth in this Arrangement,
including to contractors and consultants of the
receiving designated representative of a Party,
and to permittees or licensees of the receiving
designated representative, with the prior written
consent of the transmitting designated
representative. The designated representatives
shall endeavor to grant such approval to the
extent permitted by the respective laws,
regulations and policies applicable in the
territories of the authorities they represent, and
provided that:
i. A case-by-case determination documents that
such recipients have a need-to-know for the
documentary proprietary information to carry
out work solely within the scope of their work
assignment, contract, permit, or license with
the receiving designated representative of a
Party;
ii. Such recipients have executed a non-disclosure
agreement;
iii. Such recipients shall not use such documentary
proprietary information for any private
commercial purpose; and
iv. Such recipients agree to use the documentary
proprietary information only for activities
carried out under or within the terms of their
specific work assignment, contract, permit or
license.
d. The designated representatives of the Parties
agree to consult and seek written clarification
when questions arise as to the proper handling and
dissemination of documentary proprietary
information provided under this Arrangement.
D. Other Confidential or Privileged Information of a
Documentary Nature
1. A designated representative of a Party receiving
other confidential or privileged information of a
documentary nature shall respect the confidential
nature of such information.
2. Marking Procedures for Other Confidential or
Privileged Information of a Documentary Nature
a. A designated representative of a Party
transmitting other confidential or privileged
information under this Arrangement shall ensure
that any document containing such information is
appropriately and clearly marked on each page of
the document with the restrictive legend
applicable to the type of other confidential or
privileged information being transmitted in
accordance with the laws, regulations, and
policies applicable in the territory of the
authorities represented by the Party whose
designated representative is transmitting the
information.
b. The receiving designated representative of a Party
shall ensure that the appropriate restrictive
legend appears on any photocopy or other
reproduction of documents containing other
confidential or privileged information made by the
receiving designated representative.
c. The transmitting designated representative of a
Party shall ensure that any other confidential or
privileged information of a documentary nature
transmitted under this Arrangement is accompanied
by a statement that the information being
transmitted is protected from public disclosure by
the laws, regulations, or policies applicable in
the territory of the authorities represented by
the Party whose designated representative
transmitted the information and is being provided
under the condition that the receiving designated
representative shall afford the information
substantially the same degree of protection
afforded the information by the authorities of the
territories represented by the transmitting
designated representative.
d. In the event that the transmitting designated
representative of a Party shares other
confidential or privileged information of a
documentary nature without the appropriate
required restrictive legend for the type of
information being transmitted, the transmitting
designated representative shall inform the
receiving designated representative at the
earliest possible opportunity and provide the
receiving designated representative with properly
marked documents bearing the restrictive legend.
e. The receiving designated representative of a Party
shall make its best efforts to gather and prevent
the further dissemination of the improperly marked
documents containing other confidential or
privileged information and replace them with
properly marked documents.
f. In the event that the receiving designated
representative of a Party shares other
confidential or privileged information of a
documentary nature in a manner that is
inconsistent with or contrary to the terms of this
Arrangement, the receiving designated
representative shall promptly notify the
transmitting designated representative of a Party.
3. Dissemination of Other Confidential or Privileged
Information of a Documentary Nature
a. The receiving designated representative of a Party
may disseminate other confidential and privileged
information of a documentary nature received under
this Arrangement without the prior consent of the
transmitting designated representative of a Party
to employees of the receiving designated
representative, and to other agencies and
departments of the authorities of the territories
represented by the receiving designated
representative of a Party, provided that:
i. A case-by-case determination documents that such
employees and other agencies and departments
have a need-to-know for the information to
perform their official duties;
ii. The receiving designated representative shall
ensure that such employees and other agencies
and departments shall not use the other
confidential and privileged information
contained in the documents for any private
commercial purpose; and
iii. Such documents containing the other confidential
and privileged information bear the appropriate
restrictive legend in accordance with the
provisions of Article III.D.2.a of this
Arrangement.
b. Nothing in this Arrangement prevents the disclosure
of other confidential or privileged information of
a documentary nature between a Party and its
designated representative or between the Parties
for purposes of implementation of this Arrangement.
c. The receiving designated representative of a Party
may only disseminate the documents containing the
other confidential or privileged information more
widely than otherwise permitted under the terms set
forth in this Arrangement, including to contractors
and consultants of the receiving designated
representative, and to permittees or licensees of
the receiving designated representative, with the
prior written consent of the transmitting
designated representative. The receiving designated
representative agrees to abide by any restrictions
on the dissemination of other confidential or
privileged information of a documentary nature to
third parties established by the transmitting
designated representative.
d. The designated representatives of the Parties agree
to consult and seek written clarification when
questions arise as to the proper handling and
dissemination of other confidential or privileged
information of a documentary nature shared under
this Arrangement.
E. Non-Documentary Proprietary or Other Confidential or
Privileged Information
Non-documentary proprietary or other confidential or
privileged information provided, obtained, or
transmitted under this Arrangement shall be treated by
the designated representatives of the Parties according
to the principles specified for proprietary information
in Article III.C. and as specified for other
confidential or privileged information in Article III.D.
of this Arrangement; provided, however, that the
transmitting designated representative has placed the
receiving designated representative on notice as to the
character of the proprietary or other confidential or
privileged information disseminated.
F. Consultation
If, for any reason, one of the Parties or its designated
representative becomes aware that it will be, or may
reasonably be expected to become, unable to meet any
obligations under Article III of this Arrangement, it
shall immediately inform the other designated
representative and Party. The designated
representatives, in consultation with the Parties as
appropriate, shall thereafter consult to determine an
appropriate course of action.
G. Other
Nothing contained in this Arrangement shall preclude a
designated representative of a Party from using or
disseminating information received without restriction
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 that would be inconsistent with the laws,
regulations, or policies applicable in the territory of
the authorities represented by the Party. Should any
conflict arise between the terms of this Arrangement and
those laws, regulations, or policies, the designated
representatives of the Parties agree to consult before
any action is taken. No nuclear information related to
proliferation-sensitive technologies shall be exchanged
under this Arrangement.
B. Unless otherwise agreed in writing, 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,
regulations and policies applicable to the Parties and
their designated representatives.
C. Any dispute or questions between the Parties concerning
the interpretation or application of this Arrangement
shall be settled by mutual agreement of the Parties.
D. This Arrangement shall enter into force upon the date of
the last signature with effect from January 8, 2021.
Subject to paragraph G of this Article, shall remain in
force for a period of 5 years.
E. All implementing arrangements and agreements concluded to
implement the Arrangement between the Taipei Economic and
Cultural Representatives Office in the United States and
the American Institute in Taiwan for the Exchange of
Technical Information and Cooperation in Nuclear and
Regulatory and Safety Matters, signed at Washington on
January 6 and 8, 2016, shall continue per their terms and
subject to the terms of this Arrangement. Such
arrangements and agreements shall continue in effect for
the duration of this Arrangement or until terminated or
discontinued by their terms.
F. All information protected under this Arrangement,
including but not limited to proprietary information and
other confidential or privileged information, shall
continue to be protected in accordance with the terms of
this Arrangement after this Arrangement has expired or
has been terminated, unless the Parties agree otherwise
in writing.
G. 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.

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

IN WITNESS WHEREOF, the undersigned, being duly authorized, have
signed this Arrangement.


FOR THE TAIPEI ECONOMIC FOR THE AMERICAN INSTITUTE
AND CULTURAL REPRESENTATIVE IN TAIWAN:
OFFICE IN THE UNITED STATES:
____________________________ ____________________________
Robin J.C. Cheng Ingrid D. Larson
Deputy Representative Managing Director

DATE: May 14, 2021 DATE: May 10, 2021
PLACE: Washington, D.C. PLACE: Arlington, VA