WHEREAS the Taipei Economic and Cultural Representative Office
in the United States (hereinafter referred to as "TECRO"), and
its designated representative the Atomic Energy Council of
Taiwan, 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;

WHEREAS, subject to the availability of personnel, material, and
appropriated funds, the U.S. Nuclear Regulatory Commission
(hereinafter referred to as "USNRC"), the designated
representative 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;

Considering that TECRO and AIT, hereinafter referred to as the
Parties,
1. Have a mutual interest in cooperation in the field of nuclear
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
resulting from this research and the effort required to
develop those resources;
3. Have cooperated in the past under a joint Agreement on Severe
Accident Research between AIT and TECRO from January 1, 2003
through December 31, 2005, and from January 1, 2000 through
December 31, 2002, and under a joint agreement between AIT
and TECRO ’ s predecessor, the Coordination Council for
North American Affairs (CCNAA), before that.
4. Recognize the Arrangement Between the Taipei Economic and
Cultural Representative Office in the United States and the
American Institute in Taiwan for the Exchange of Technical
Information and Cooperation in Nuclear Regulatory and Safety
Matters (the Arrangement), which was signed on January 4,
2011, for 5 years, and this cooperation is an implementation
thereof;

The Parties have AGREED, in this Implementing Agreement, as
follows:

ARTICLE I - PROGRAM COOPERATION
The Parties have agreed, in accordance with the provisions of
this Implementing Agreement and subject to applicable laws and
regulations in force in the territories they represent, to join
together in cooperative research in the area of Severe Accident
Research for a period of five years. This Implementing Agreement
is not an international agreement and does not give rise to
international legal rights or obligations.

ARTICLE II - FORMS OF COOPERATION
Cooperation between the Parties may include:
A. Exchange of information in the form of technical reports,
experimental data, correspondence, newsletters, visits, joint
meetings, and such other means as the Parties or their
designated representatives agree.
B. Temporary assignment of personnel of the designated
representative of one Party or of the designated
representative ’ s contractors to the laboratory or
facilities owned by the designated representative of the
other Party or in which the designated representative of the
other Party sponsors research. Each assignment shall 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
involving a division of activities between designated
representatives of the 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 Implementing
Agreement or their designated representatives. Otherwise, it
will be accomplished by the exchange of letters between the
designated representatives of the Parties, subject at least
to the terms and conditions of this present Implementing
Agreement.
D. Use by the designated representative of one Party of
facilities 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 conditions.
E. If either Party, or designated representative, wishes to
visit, assign personnel, or use the facilities owned or
operated by entities other than the Parties to this
Implementing Agreement, the Parties recognize that prior
approval by such entities will, in general, be required
regarding the terms upon which such visit, assignment, or use
shall be made.
F. Any other form agreed between the Parties.

ARTICLE III - SCOPE OF IMPLEMENTING AGREEMENT
A. TECRO Scope of Responsibility
Subject to the availability of appropriated funds, the
designated representative of TECRO will perform or provide
the following specified goods and services related to the
nuclear reactor safety research areas specified in this
Implementing Agreement:
(a) Information to AIT ’ s designated representatives about
their severe accident research projects as described in the
Appendix, Part II.
(b) Copies of reports, technical memoranda, and notes which are
derived from its analyses using codes and data obtained from
the in AIT ’ s designated representative ’ s severe
accident program, and which are at the disposal of TECRO or
designated representative.
c) All updates, modifications, and corrections made by TECRO or
its designated representative to codes that have been
supplied by AIT ’ s designated representative and
documentation sufficient to enable an evaluation to be made
by AIT ’ s designated representative.
(d) Timely access to the results of TECRO or its designated
representative ’ s safety research corresponding to those
technical areas which constitute the scope of this
cooperation.
B. AIT Scope of Responsibility
Subject to the availability of appropriated funds and TECRO
financial contributions as indicated in Article VII, the
designated representative of AIT will perform or provide the
specified goods and services related to the nuclear reactor
safety research area specified in the Appendix and as
follows:
(a) Copies of all pertinent technical program documents such as
quick-look reports, technical memoranda and notes, and
laboratory reports as soon as they have received appropriate
by AIT ’ s designated representative.
(b) On request, make available to TECRO the relevant severe
accident codes and related documentation developed under
this program and limited assistance to the designated
representatives of TECRO in the application of these codes
and other related codes which may be available to AIT ’ s
designated representative for transfer to TECRO.
(c) Permit personnel sponsored by the designated representatives
of TECRO to participate in technical review meetings and
technical progress meetings except for those meetings
primarily concerned with administrative and fiscal matters.

ARTICLE IV - ADMINISTRATION OF THE IMPLEMENTING AGREEMENT
A. The designated representatives of AIT and TECRO will each
designate one individual to coordinate and determine the
detailed implementation of this Implementing Agreement. These
individuals may, at their discretion, delegate this
responsibility to the appropriate technical staff with
respect to a given issue. The designated individual will be
referred to as an Administrator of this Implementing
Agreement. Any notices required under this Implementing
Agreement will be addressed to the Administrators using the
most efficient communication method.
B. This Implementing Agreement sets forth in Article V
restrictions concerning dissemination of proprietary,
confidential, or privileged information. Other information
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
cooperative programs who can contribute positively to the
programs. The designated technical personnel assigned for
extended periods will be considered visiting scientists
(nonsalaried) within the programs in this Implementing
Agreement and will be expected to participate in the conduct
of the analysis and/or experiments as necessary.
D. Each Party to this Implementing Agreement will have access to
all nonproprietary reports written by the other Party ’ s
technical personnel assigned to the respective programs that
derive from its participation in this Implementing Agreement.
E. Administrative details concerning questions such as security,
indemnity, and liability related to the assignees or trainees
will be addressed in personnel assignment agreements between
the respective Parties.
F. Travel costs, living expenses, and salaries of visiting
technical personnel or personnel participating in program
review meetings will be borne by their respective
organizations.

ARTICLE V - EXCHANGE AND USE OF INFORMATION AND INTELLECTUAL
PROPERTY
A. General
The Parties support the widest possible dissemination of
information provided or exchanged under this Implementing
Agreement, subject to the need to protect proprietary and
other confidential or privileged information which is
protected from public disclosure under the laws and
regulations of the country of the Party providing the
information, or is otherwise restricted by the provider. The
exchange and use of information provisions contained in
Article III of the Arrangement (including the Annex:
Protection and Distribution of Intellectual Property Rights
and Other Rights of a Proprietary Nature which it references)
will govern this Implementing Agreement.
B. Other Considerations
1. Nothing contained in this Implementing Agreement will
preclude a Party from using or disseminating information
received without restriction by a Party from sources
outside of this Implementing Agreement.
2. All AIT designated representative ’ s computer codes
disseminated under this Implementing Agreement are to be
considered privileged information unless otherwise noted,
are protected as such by the designated representatives of
AIT, and shall be treated likewise by the designated
representatives of TECRO. They are, in particular, subject
to all the provisions of this Article 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.
3. AIT ’ s designated representative ’ s codes and other
related analytical techniques covered under this
Implementing Agreement and any improvements, modifications,
or updates to such codes or techniques, are for the purpose
of reactor and plant systems safety research and licensing
and will not be used for commercial purposes or for other
benefits not related to the study of reactor safety without
the prior consent of AIT and its designated representative.
4. Among the code uses that will be permitted under this
Implementing Agreement are those related to research in the
reactor safety area and analyses performed by the Parties
’ designated representatives, or their contractors that
can assist regulators and plant personnel in assessing the
safety of the plant, analyzing operating events, and
training of operators. Specific examples of permitted
analyses include design basis accidents (e.g.,
loss-of-coolant accidents), anticipated transients,
accident management and emergency operating procedures,
mid-loop operation, analyses to support probabilistic risk
assessment success criteria, power uprates and reload, and
severe reactor accidents.
Prohibited uses of the code include (1) analyses to develop
a new reactor design and (2) analyses to support power
uprates and reload in the territory of the authorities
represented by AIT unless performed by a subsidiary of AIT
’ s designated representative.
5. AIT ’ s designated representative ’ s codes and other
related analytical techniques will not be advertised
directly or by implication to obtain contracts related to
the construction or servicing of nuclear facilities, nor
will advertising imply that AIT ’ s designated
representative has endorsed any particular analyses or
techniques.
6. All reports published within the scope of this Implementing
Agreement and all meetings held will be in English.

ARTICLE VI - DISPUTES AND WARRANTY OF INFORMATION
A. Information furnished by one Party to the other under this
Implementing Agreement will be accurate to the best knowledge
and belief of the Party supplying the information. However,
the application or use of any information exchanged or
transferred between the Parties under this Implementing
Agreement will be the responsibility of the Party receiving
the information, and the Transmitting Party does not warrant
the suitability of the information for any particular use or
application.
B. AIT and its designated representative make no warranties,
whatsoever, for the ability or suitability of any code or
other analytical technique to perform in any particular
manner for any particular purpose or to accomplish any
particular task. AIT and its designated representative accept
no liability for damages of any type that may result from the
use of codes or other analytical techniques provided under
this Implementing Agreement.
C. Cooperation under this Implementing Agreement will be in
accordance with the laws and regulations applicable in the
respective territories represented by AIT and TECRO. Any
dispute or questions between the Parties concerning the
interpretation or application of this Implementing Agreement
arising during its term will be settled by mutual agreement
of the Parties.

ARTICLE VII - FINANCIAL CONSIDERATIONS
A. All costs arising from implementation of this Implementing
Agreement will be borne by the Party that incurs them except
when the Parties specifically agree otherwise. It is
understood that the ability of the Parties to carry out their
obligations is subject to the availability of funds. It is
also understood that the terms herein agreed to represent
feasible commitments according to the best understanding
regarding resources and costs of the Parties at the time of
signature.
B. In addition to the technical contributions indicated under
Article III.B, TECRO will contribute financially to the
programs of AIT and its designated representative included in
this Implementing Agreement. Upon signature of this
Implementing Agreement, TECRO will contribute US $50,000.00
per year through AIT to continue to participate in the
Cooperative Severe Accident Research Program. This payment
will be followed by annual payments of US $50,000.00 for the
duration of the Implementing Agreement.

ARTICLE VIII - FINAL PROVISIONS
A. This Implementing Agreement will enter into force upon
signature and shall remain in effect for a period of 5 years,
provided that the underlying Arrangement will be renewed.
This Implementing Agreement may be amended or extended for an
additional period of time via an exchange of letters of the
Administrators.
B. The Parties enter into this Implementing Agreement with the
understanding that reasonable allowances for normal delays
will be made in completing the work. The Parties have the
right to utilize information provided under this Implementing
Agreement after the expiration date; however, all information
protected by provisions of this Implementing Agreement as
proprietary, confidential, privileged, or otherwise subject
to restriction on disclosure will remain so protected
indefinitely, unless mutually agreed to in writing.
C. A Party may terminate this Implementing Agreement after
providing the other Party written notice of its intent to
terminate 180 days in advance. The Party not terminating will
notify the terminating Party before the effective date of
termination if termination will result in the terminating
Party receiving a disproportionate share of the expected
benefit from this Implementing Agreement. Both Parties will
endeavor to reach an equitable settlement of the matter
through negotiation.
D. The Parties to this Implementing Agreement reserve the right
to modify or extend the specific activities described in
Article III within the intended scope of the Implementing
Agreement upon written concurrence of its Administrators.
E. If the portion of the research program of any Party that is
pertinent to this Implementing Agreement is substantially
reduced or eliminated, the technical scope described in
Article III may be revised to substitute research of
equivalent programmatic interest upon mutual agreement of the
Parties.

IN WITNESS WHEREOF, the Parties have signed the present
Implementing Agreement.


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
August 3, 2011 April 19, 2011
Washington D.C. Washington D.C.


APPENDIX
Part I. AIT DESIGNATED REPRESENTATIVE SEVERE ACCIDENT RESEARCH
PROGRAM
●Integrated Severe Accident Code
- MELCOR code development, assessment, and maintenance
- MELCOR Cooperative Assessment Program (MCAP)
- MELCOR code workshop
- MELCOR plug-in for SNAP
● Cooperative severe accident research program (CSARP) annual
review meetings
● Symbolic Nuclear Analysis Package (SNAP). SNAP is a graphical
user interface and provides a computational environment
currently with pre-processor capabilities that assist the
user in the development of MELCOR input decks and in running
the code. SNAP and the MELCOR plug-in will be provided.
Subsequent updates of SNAP and associated documentation that
are released during the Implementing Agreement period will
also be provided.

APPENDIX
Part II. TECRO DESIGNATED REPRESENTATIVE SEVERE ACCIDENT
RESEARCH PROGRAM
● Severe Accident Code
- Improved MELCOR analytical models
- Verification and validation of MELCOR models
● Severe Accident Code Experience
- Experiences from analyzing nuclear power plants in Taiwan
- Severe Accident management analysis