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12968 China - Agreement on Cooperation Concerning Peaceful Uses of Nuclear Energy


   
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TREATIES AND OTHER INTERNATIONAL ACTS SERIES 12968

 

 

ATOMIC ENERGY

Peaceful Uses of Nuclear Energy

 

 


Agreement Between the
UNITED STATES OF AMERICA
and the PEOPLE’S REPUBLIC OF CHINA

 

Signed at Beijing June 29, 1998

with

Annex

 

 

 


 

NOTE BY THE DEPARTMENT OF STATE

Pursuant to Public Law 89—497, approved July 8, 1966
(80 Stat. 271; 1 U.S.C. 113)—

“. . .the Treaties and Other International Acts Series issued
under the authority of the Secretary of State shall be competent
evidence . . . of the treaties, international agreements other than
treaties, and proclamations by the President of such treaties and
international agreements other than treaties, as the case may be,
therein contained, in all the courts of law and equity and of maritime
jurisdiction, and in all the tribunals and public offices of the
United States, and of the several States, without any further proof
or authentication thereof.”

 

PEOPLE’S REPUBLIC OF CHINA

Atomic Energy: Peaceful Uses of Nuclear Energy


Agreement signed at Beijing June 29, 1998;
Entered into force June 29, 1998.
With annex.

AGREEMENT BETWEEN
THE DEPARTMENT OF ENERGY OF THE UNITED STATES OF AMERICA
AND THE
STATE DEVELOPMENT PLANNING COMMISSION OF
THE PEOPLE'S REPUBLIC OF CHINA
ON
COOPERATION CONCERNING
PEACEFUL USES OF NUCLEAR TECHNOLOGIES
The Department of Energy (DOE) of the United States of America and the State Development
Planning Commission of the People's Republic of China (hereinafter referred to as the "Parties"):
Recognizing that the United States of America and the People's Republic of China are parties to
the Treaty on the Non-Proliferation of Nuclear Weapons;
Reaffirming the Agreement for Cooperation Between the Government of the United States of
America and the Government of the People's Republic of China Concerning Peaceful Uses of
Nuclear Energy , signed on July 23, 1985; and
Noting the Agreement of Intent on Cooperation Concerning Peaceful Uses of Nuclear
Technology Between the Department of Energy of the United States of America and the State
Planning Commission of the People's Republic of China, signed on October 29, 1997; and
Wishing to enter into long-term cooperation in the peaceful uses of nuclear technologies;
Have agreed as follows:
ARTICLE I
1. Cooperation between the Parties in activities supporting peaceful nuclear technologies
shall be directed towards exchanging information on, and finding solutions to mutually
agreed problems. This cooperation may include the exchange of experience and results of
theoretical, experimental, and conceptual design programs, and mutually agreed research
and development projects. Cooperation between the two Parties shall be on the basis of
mutual benefit, equality, and reciprocity.
2. Cooperation under this Agreement shall be carried out subject to the Agreement
for Cooperation Between the Government of the United States of America and
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the Government of the People's Republic of China Concerning Peaceful Uses of Nuclear
Energy, signed July 23, 1985, and shall be in accordance with the laws and regulations of
the respective countries.
3. Any technology transferred or acquired pursuant to this Agreement shall be used only for
peaceful purposes.
ARTICLE II
The areas of cooperation covered by this Agreement may include the following:
1. Current and advanced light-water nuclear power reactors technologies including:
- Reactor neutronics analysis and experimentation, including reactor and plant shielding
and nuclear data;
- Reactor and plant safety, including safety standards, system safety analysis, severe
accidents analysis, and accident management;
- Fuels and materials, including structural, component, absorber and circuit materials,
long-life fuel and clad materials, reduced enrichment research reactor fuels and fuels
which could tend to reduce or eliminate the production of material directly usable in
nuclear explosive devices;
- Nuclear steam supply systems and their associated components and equipment, including
design standard, component, equipment, and system design, thermal hydraulics and
structural analysis;
- Engineered safety features and their associated components, including design standard,
component and system design, structural analysis;
- Reactor building, including containment design, structural and architectural analysis;
- Instrumentation and control, application of computer science, including advanced
digitization control and protection systems;
- Quality assurance, non-destructive inspection practices and in-service inspection
technologies;
- Plant operation and management technology;
- Economic methodology and evaluation technology;
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- Plant aging and life extension;
- Reactor deactivation and decommissioning, including fuel treatment and storage;
- Nuclear material transportation, including transportation of spent fuel, and shipping
casks;
- Irradiation technology and advanced techniques in isotope production;
- Technology and programs to enhance nuclear safety, including associated nuclear and
environmental impact assessments;
2. Prevention and treatment of radiation occupational disease, and application of
radiation technology and radioactive isotopes to medicine;
3. Radiation protection/health physics;
4. Environmental remediation, radioactive and chemical waste management, and spent fuel
management;
5. Export control of nuclear and nuclear related materials, equipment and technologies;
nuclear materials protection, control and accounting; physical security of nuclear
materials, equipment and technologies; and technology development for enhancement of
international nuclear safeguards;
6. Such other related areas of cooperation as may be added by written agreement of the
Parties.
ARTICLE III
Cooperation under this Agreement with respect to the areas listed in Article II, may include but is
not limited to the following forms:
1. Exchange of views and information;
2. Organization of, and participation in, seminars, workshops, and other meetings;
3. Exchange of scientists, engineers, and other specialists for agreed periods of time for
cooperative training, participation in experiments, analysis, design, and other research,
development and demonstration activities at scientific centers, academic institutions,
nuclear reactor facilities, laboratories, engineering offices, and other facilities of the Parties
or of contractors of the Parties;
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4. Exchange, provision, or loan of samples, materials, instruments, components, and
equipment for experiments, testing, and evaluation;
5. Short-term visits by specialist teams or individual staff to the civil nuclear facilities and
non-nuclear facilities in support of the programs of the other Party, as may be agreed by
the Parties, subject to the prior written agreement on each occasion by the Receiving
Party;
6. The use by one Party of the facilities owned or operated by the other Party. Such use of
facilities shall be the subject of separate written agreements between the Parties;
7. Joint projects, including research and development, in which the Parties agree to share the
work and/or costs. Each such joint project shall be the subject of an itemized written
implementing arrangement between the Parties in accordance with Article VI in this
Agreement; and
8. Such other specific forms of cooperation as may be agreed by the Parties and approved by
the Joint Coordinating Committee established pursuant to Article V.
ARTICLE IV
The Parties may invite additional public or private organizations within their respective countries
or organizations within the other country with permission of the other Party to participate in
activities under this Agreement. The related expenses will be set in the itemized written
implementing arrangement.
ARTICLE V
1. To supervise and coordinate the implementation of this Agreement, a Joint Coordinating
Committee on Cooperation in Peaceful Uses of Nuclear Technologies shall be established.
Each Party will have one vote in the Joint Coordinating Committee and each Party may
designate up to five members to participate in any Joint Coordinating Committee meeting.
The Committee shall meet alternately in China and the United States, as mutually agreed
by the Joint Coordinating Committee. The Head of the Delegation of the Host Party shall
act as Chairman during meetings of the Committee. In addition, each Party shall have the
right to invite advisors to such meetings, as necessary.
2. At its meetings, the Joint Coordinating Committee shall develop, review, and approve
proposals for cooperation under this Agreement and evaluate their status.
3. For the detailed management of the cooperation, joint working groups may be appointed
by the Joint Coordinating Committee to cover cooperation undertaken in areas listed in
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Article II. Each joint working group shall agree on specific plans for cooperation in its
respective area, within guidelines set by the Joint Coordinating Committee.
ARTICLE VI
The Parties shall conclude an itemized written implementing arrangement for each joint project
which they agree to undertake pursuant to Article III(7). Each such itemized written
implementing arrangement shall be subject to the provisions of this Agreement and shall contain
appropriate provisions, on technical scope, management, costs, cost sharing, liability, and
schedule.
ARTICLE VII
1. The Parties shall exchange, as agreed on a mutually beneficial basis, scientific and
technical information and results of research and development carried out under this
Agreement. Such information shall be limited to that which they have the right to
disclose, either in their possession or available to them, from the areas described in Article
II.
2. Seminar proceedings and reports of joint scientific and technical activities carried out
under this Agreement shall be published as joint publications, as mutually agreed by the
Parties.
3 The scientific and technical information developed and exchanged under this Agreement is
to be given wide distribution. Such information, except as noted in Annex I of this
Agreement, may be made available to the public by either Party through customary
channels and in accordance with normal procedures of that Party.
4. Copyrights of either Party or of cooperating organizations and persons shall be accorded
treatment consistent with internationally recognized standards of protection treaties and
conventions to which both the United States of America and the People's Republic of
China are parties. As to copyrights of material within the scope of Annex I, owned or
controlled by a Party, each Party shall make efforts to grant to the other a license to
reproduce copyrighted materials.
5. The application or use of any scientific and technical information exchanged or transferred
between the Parties under this Agreement shall be the responsibility of the Party receiving
it, and the transmitting Party does not warrant the suitability of such information for any
particular use or application.
6. Protection and distribution of intellectual property rights and other rights of a "business
confidential" nature are set forth in Annex I. Annex I is applicable to any cooperative
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activities under this Agreement, except as otherwise specifically agreed by the Parties in
implementing arrangements.
ARTICLE VIII
Before the related international convention on compensation for nuclear damage is in force for
both the United States of America and the People's Republic of China, with respect to a nuclear
incident resulting from activities undertaken pursuant to this Agreement, the Party in whose
territory the nuclear incident occurs shall:
1. Be solely responsible for and deal with, in accordance with its laws or regulations, the
compensation for legal liability for nuclear damage to third parties resulting from the
nuclear incident.
2. Ensure that the other Party, its organizations and personnel, its contractors and
subcontractors, at any tier, are held harmless and do not incur any costs, in any court or
forum, as a result of the nuclear incident.
3. Bring no claims or other legal proceedings, in any court or forum, against the other Party,
its organizations and personnel, its contractors and subcontractors, at any tier, for the
compensation for legal liability for nuclear damage resulting from the nuclear incident.
ARTICLE IX
The following provisions shall apply to assignment or exchanges of personnel:
1. Each Party shall ensure that qualified personnel are selected for assignment to the other
Party. Each personnel exchange shall be the subject of a separate itemized written
implementing agreement between the Parties.
2. The Assigning Party shall be responsible for its personnel's salaries and insurance. Each
itemized written implementing arrangement shall make specific provisions for other
expenses of personnel.
3. Each Party shall arrange for adequate accommodations for the other Party's assigned
personnel and their families on a mutually agreeable, reciprocal basis.
4. Each Party shall provide all necessary assistance to assigned personnel and their families as
regards administrative formalities.
5. Itemized written implementing agreements shall address general rules of work and safety
of assigned personnel.
7
ARTICLE X
1 Except when the Parties otherwise agree in writing, each Party shall bear the costs of its
participation in the activities under this Agreement.
2. Cooperation under this Agreement shall be subject to the availability of personnel and
funds.
ARTICLE XI
1. This Agreement shall enter into force upon signature, remain in force for five years, and be
automatically renewed for further five-year periods unless either Party notifies the other in
writing at least six months prior to the expiration of the first five-year period or each
succeeding five-year period of its intent to terminate the Agreement.
2. Any questions of interpretation or implementation relating to this Agreement arising
during its term shall be resolved by agreement of the Parties.
3. The Agreement may be amended by mutual written agreement of the Parties.
4. Upon consultation, this Agreement may be terminated at any time by either Party, upon
one year's advance notification in writing. Such termination shall be without prejudice to
the rights which may have accrued under this Agreement to either Party up to the date of
such termination.
5. Joint activities not completed at the termination of this Agreement may, if agreed by the
Parties, be continued until their completion under the terms of the Agreement.
Done, in duplicate, at Beijing, in the English and Chinese texts, both versions being equally
authentic, this 29th day of June, 1998.
FOR THE DEPARTMENT OF ENERGY FOR THE STATE DEVELOPMENT
OF THE UNITED STATES OF AMERICA: PLANNING COMMISSION OF THE PEOPLE'S
REPUBLIC OF CHINA:
ANNEX I - INTELLECTUAL PROPERTY
Pursuant to Article VII of this Agreement;
The Parties shall ensure adequate and effective protection of intellectual property created or
furnished under this Agreement and relevant implementing arrangements. The Parties agree to
notify one another in a timely fashion of any inventions or copyrighted works arising under this
Agreement and to seek protection for such intellectual property in a timely fashion. Rights to
such intellectual property shall be allocated as provided in this Annex.
I. SCOPE
A. This Annex is applicable to all cooperative activities undertaken pursuant to this Agreement,
except as otherwise specifically agreed by the Parties or their designees.
B. For purposes of this Agreement, "intellectual property" shall have the meaning found in
Article 2 of the Convention Establishing the World Intellectual Property Organization, done at
Stockholm, July 14, 1967.
C. This Annex addresses the allocation of rights and interests between the Parties. Each Party
shall ensure that the other Party can obtain the rights to intellectual property allocated in
accordance with this Annex, by obtaining those rights from its own participants through contracts
or other legal means, if necessary. Between a Party and its nationals, the ownership of rights and
interests in intellectual property will be determined in accordance with that Party's national laws
and practices.
D. Disputes concerning intellectual property arising under this Agreement should be resolved
through discussions between the concerned participating institutions or, if necessary, the Parties
or their designees. Upon mutual agreement of the Parties, a dispute shall be submitted to an
arbitral tribunal for binding arbitration in accordance with the applicable international arbitration
rules. Unless the Parties or their designees agree otherwise in writing, the arbitration rules of
UNCITRAL shall govern.
E. In order to protect copyrighted works created under this Agreement, both Parties shall protect
unpublished works against their unauthorized publication and guarantee that, when published,
copies of works will be marked with an agreed upon, distinguishing indication as provided in
Appendix Ito this Intellectual Property Annex. If one Party, according to its laws, cannot
provide protection to the other's works published in non-member countries of the Berne
Convention or the UCC, the participating institution of that Party shall make the best efforts to
assist the other Party in publishing in a Berne or UCC member within 30 days of publication,
unless copies of the published work are not received by that institution in a timely manner.
2
F. For purposes of this Agreement, the term "published works" means works published with the
consent of their authors, whatever may be the means of the manufacture of the copies, provided
that the availability of such copies has been such as to satisfy the reasonable requirements of the
public, having regard to the nature of the work.
G. Termination or expiration of this Agreement shall not affect rights or obligations under this
Annex.
H. Provision of any computer program, whether in application program or operating systems
format and whether in source or object code, by one Party [the Providing Party] to the other
Party [the Receiving Party] under this Agreement is contingent on the availability of copyright
protection for that program in the territory of the Receiving Party that is generally equivalent to
the protection to which it is entitled in the territory of the Providing Party.
II. ALLOCATION OF RIGHTS
A. Each Party shall be entitled to a non-exclusive, irrevocable, royalty-free license in all countries
to translate, reproduce, and publicly distribute scientific and technical journal articles, reports, and
books directly arising from cooperation under this Agreement. All publicly distributed copies of a
copyrighted work prepared under this provision shall indicate the names of the authors of the
work unless an author explicitly declines to be named.
B. Rights to all forms of intellectual property, other than those rights described in Section II.A
above, shall be allocated as follows:1. Visiting researchers, for example, scientists visiting primarily in furtherance of their education,
shall receive intellectual property rights under the policies of the host institution. In addition, each
visiting researcher named as an inventor shall be entitled to national treatment with regard to
awards, bonuses, benefits, or any other rewards, in accordance with the policies of the host
institution.
2. [a] For intellectual property created during joint research, for example, when the Parties,
participating institutions, or participating personnel have agreed in advance on the scope of work,
each Party shall be entitled to obtain all rights and interests in its own territory. Rights and
interests in third countries will be determined in implementing arrangements. If the research is not
designated as "joint research" in the relevant implementing arrangements, rights to intellectual
property arising from the research will be allocated in accordance with paragraph II.B.1. In
addition, persons named as inventors shall be entitled to national treatment with regard to awards,
bonuses, benefits, or any other rewards in accordance with the policies of the participating
institutions.
3
[b] Notwithstanding the first paragraph above, if a type of intellectual property is protected under
the laws of one Party but not the other Party, unless other allocation arrangements are agreed
upon by both Parties, the Party whose laws provide for protection shall be entitled to all rights
and interests in the Party's own territory and in third countries. Persons named as inventors shall
nonetheless be entitled to national treatment with regard to awards, bonuses, benefits, or any
other rewards in accordance with the policies of the participating institution of the Party obtaining
rights.
3. [a] For inventions made as a result of a program of cooperative activity that involves only the
transfer or exchange of information between the Parties, such as by joint meetings, seminars or
the exchange of technical reports or papers, the Party whose personnel make the invention (the
inventing Party) has the right to obtain all rights and interests in the invention in all countries.
[b] In any country where the inventing Party decides not to obtain such rights and interests, the
other Party has the right to do so.
III. BUSINESS-CONFIDENTIAL INFORMATION
In the event that information identified in a timely fashion as business-confidential is furnished or
created under the Agreement, each Party and its participants shall protect such information in
accordance with applicable laws, regulations, and administrative practice. Information may be
identified as "business-confidential" if a person having the information may derive an economic
benefit from it or may obtain a competitive advantage over those who do not have it, the
information is not generally known or publicly available from other sources, and the owner has
not previously made the information available without imposing in a timely manner an obligation
to keep it confidential.
APPENDIX I
The United States of America marking for the People's Republic of China works:
"This work [or article, book, computer program, etc. as appropriate] first published (date), in
(country), was created in cooperative activities under the Agreement Between the Department of
Energy of the United States of America and the State Development Planning Commission of the
People's Republic of China on Cooperation Concerning Peaceful Uses of Nuclear Technologies.
The authors authorize reproduction of this work, for scholarship, research, and private study,
subject to any licenses granted under this Agreement."
The People's Republic of China marking for the United States of America works:
"This work [or article, book, computer program, etc. as appropriate] first published (date), in
(country), was created in cooperative activities under the Agreement Between the State
Development Planning Commission of the People's Republic of China and the Department of
Energy of the United States of America on Cooperation Concerning Peaceful Uses of Nuclear
Technologies. The authors authorize reproduction of this work, for scholarship, research, and
private study, subject to any licenses granted under this Agreement."



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