The U.S. Department of Energy and the Federal Nuclear and RadiationSafety Authority of the Russian Federation, hereinafter referred to asthe Parties;Expressing their support for efforts to enhance the safety of Russiannuclear fuel cycle facilities and research reactors;
Undertaking to cooperate in the area of an improved nuclear safety programfor nuclear fuel cycle facilities and researchreactors including the exchange of experience and views on issues oflicensing associated with operating fuel cycle facilities and researchreactors, reporting practice concerning safety - related events at fuelcycle facilities and research reactors, and analysis of deviations fromnormal operation at these facilities and reactors; and
Referencing the Agreement between the Government of the United Statesof America and the Government of the Russian Federation concerning theOperational Safety Enhancements, Risk Reduction Measures and Nuclear SafetyRegulation for Civil Nuclear Facilities in the Russian Federation;
Have agreed as follows:
ARTICLE I
1. The U.S. Department of Energy will provide to the Federal Nuclearand Radiation Safety Authority of the RussianFederation consultation, training, and technical assistance in thedevelopment of regulatory programs and related licensingactivities for operating fuel cycle facilities and research reactors.
2. The Federal Nuclear and Radiation Safety Authority of the RussianFederation shall use all consultation, training, andtechnical assistance provided in accordance with this Agreement exclusivelyfor the purpose of enhancing the safety of Russian fuel cycle facilitiesand research reactors in accordance with the objectives and terms of thisAgreement.
3. For the implementation of this Agreement, there shall be establisheda U.S. Department of Energy - Russian Federal Nuclear and Radiation SafetyAuthority Joint Committee on Cooperation (JCC). Meetings will be convenedperiodically upon agreement of the Parties but not less than once a yearin the United States and the Russian Federation alternately, unless otherwisemutually agreed.
4. The Joint Committee on Cooperation shall take such action as is necessaryfor effective implementation of this Agreement including, but not limitedto, approval of specific projects and programs of cooperation; designationof appropriate participating organizations and institutions responsiblefor carrying out cooperative activities; determination of priorities andspecific schedules for carrying out projects; and making recommendations,as appropriate, to the U.S. Department of Energy and the Federal Nuclearand Radiation Safety Authority of the Russian Federation.
5. In implementing this Agreement, the Parties shall hold technicaldiscussions. Upon agreement by the Parties, joint working groups of technicalexperts may be established to exchange technical information and to advisethe Parties with respect to technical issues related to the effective implementationof this Agreement.
6. The U.S. Department of Energy does not warrant the suitability ofany equipment or information transmitted for use orapplication by the Federal Nuclear and Radiation Safety Authority ofthe Russian Federation or by any third party. The U.S. Department of Energyshall not be responsible for ensuring either the proper use or operationof any equipment, property, supplies, training, or services provided tothe Federal Nuclear and Radiation Safety Authority of the Russian Federationunder this Agreement.
7. This Agreement is without prejudice to other Agreements which existor could be concluded between the United States and Russia, their agencies,or instrumentalities.
ARTICLE II
Each Party to this Agreement shall have the right, following writtennotification to the other Party, to designate technical liaison representativesfor equipment, property, supplies, training, and services provided pursuantto this Agreement.
ARTICLE III
1. The equipment, property, supplies, training, and services to be providedto the Federal Nuclear and Radiation Safety Authority of the Russian Federationpursuant to this Agreement mayinclude consultations and technical assistance in thefollowing areas of cooperation, subject to agreement of the Parties:
a. Assistance in the development of regulations and guidelines;b. Assistance in the development and application of regulations andguidelines for safety analysis and evaluation, inspections, quality assurance,emergency preparedness, and operator licensing programs;
c. Assistance in the use and application of computer software;
d. Assistance in the training of Russian nuclear inspectors, operatorsof fuel cycle facilities and reactors, and other personnel;
e. Additional areas mutually agreed upon and consistent with the termsof this Agreement. In the event such areas are of the type that may resultin i intellectual property being created, for example, experimental, research,or development projects, then this Agreement will be amended to addressthe protection and allocation between the parties of such intellectualproperty.
2. Only unclassified technical information shall be exchanged under thisAgreement.3. Unless otherwise agreed, all costs resulting from implementationof this Agreement shall be the responsibility of the Party that incursthem. The ability of the Parties to carry out their obligations under thisAgreement is subject to the availability of appropriated funds, resources,personnel by the appropriate governmental authority and to the applicablelaws and regulations.
ARTICLE IV
1. The Federal Nuclear and Radiation Safety Authority of the RussianFederation shall examine all equipment, property, and supplies receivedpursuant to this Agreement and provide written confirmation to the U.S.Department of Energy within ten days of receipt that it has been successfullydelivered to the agreed location and it conforms with the specificationsdeveloped jointly by the U.S. Department of Energy and the Federal Nuclearand Radiation Safety Authority of the Russian Federation. Any equipment,property, or supplies failing to conform with these specifications shallbe returned to the Unites States of America through the Embassy of theUnites States of America at Moscow within thirty days of receipt for replacement.
2. The U.S. Department of Energy, its personnel, contractors, and contractors=personnel shall not be liable to pay any tax or similar charge by the RussianFederation or any of its instrumentalities on activities in accordancewith this Agreement.
3. The Federal Nuclear and Radiation Safety Authority of the RussianFederation will work with appropriate entities in the Russian Federationto ensure that the U.S. Department of Energy, its personnel, contractors,and contractors= personnel may import into and export out of the RussianFederation any equipment, supplies, material or services required to implementthis Agreement. Such importation and exportation of articles or servicesshall not be subject to any license, other restrictions, customs, duties,taxes or any other charges or inspections by the Russian Federation orany of its instrumentalities.
ARTICLE V
1. The Parties may, upon mutual agreement, enter into additional arrangementsto implement the provisions of this Agreement. In case of any inconsistencybetween this Agreement and any such arrangement, the provisions of thisAgreement shall prevail.
2. In carrying out this work, the Parties will coordinate with the US.Nuclear Regulatory Commission, as appropriate, toachieve the goals of this Agreement on matters within the scope ofthe Commission=s responsibilities.
ARTICLE VI
This Agreement shall enter into force upon signature and shall remainin force for five years. This Agreement may be amended or extended by thewritten agreement of the Parties and may be terminated by either Partyupon ninety days written notification to the other Party of its intentionto do so.
Done at Moscow, this thirtieth day of June, 1995, in two copies, eachin the English and Russian languages, both texts being equally authentic.
FOR THE DEPARTMENT OF ENERGY OF THE UNITED STATES OF AMERICA
Signed by Hazel O'Leary
FOR THE FEDERAL NUCLEAR AND RADIATION SAFETY AUTHORITY OF THE RUSSIANFEDERATION
Signed by Vishnevsky