NOTING the desire of the Parties to enhance the safe handling of nuclearwarheads through the exchange of accumulated experience;

SHARING the confidence that the exchange of experience will make itpossible to enhance safety and security in thedismantlement of nuclear warheads;

BELIEVING that an accident or incident involving nuclear warheads couldlead to severe consequences; and

REAFFIRMING the commitment of the Parties to the Treaty for Nonproliferationof Nuclear Weapons of July 1, 1968,

HAVE AGREED AS FOLLOWS:

ARTICLE 1

The purpose of this agreement is to increase the safety and securityof both nuclear warheads themselves and the materials used in them in bothStates through the implementation of coordinated procedures for the exchangeof technical information between the Parties.

ARTICLE 2

To implement this Agreement the Parties designate as Executive Agents:

for the United States of America: the Department of Energy of the UnitedStates of America;

for the Russian Federation: The Ministry of the Russian Federation forAtomic Energy.
 

ARTICLE 3

1. The Exchange of technical information under this Agreement shallbe carried out in the following subject areas:

a) Technology for the enhancement of the safety and security of nuclearwarheads and the materials used in them during the dismantlement of nuclearwarheads;

b) Technology to enhance the safety, security, and physical protectionof nuclear warheads and their components through external means;

c) Technical assessment of open materials relating to information aboutthe design of nuclear warheads, and development of recommendations of criteriafor the publication of materials associated with nuclear warheads.

2. Decisions to alter or supplement the subject areas specified in Paragraph1 of this Article shall be made by agreement of the Parties.

ARTICLE 4

Cooperation under this Agreement will be conducted in the followingforms:

a) Exchange of technical information in accordance with agreed procedures;

b) Conduct of mutually coordinated studies, projects, and experimentswith subsequent exchange of results in accordance with this Article;

c) Meetings, seminars, conferences, and workshops for the exchange ofinformation on scientific and technical aspects ofgeneral and specific topics in the framework of joint studies, projects,and experiments;

d) Other forms of cooperation that are agreed upon by the ExecutiveAgents of the Parties.

ARTICLE 5

1.  To implement this Agreement the Executive Agents of the Partieswill establish a Steering Committee, consisting ofrepresentatives of the United States of America Department of Energy,the United States of America Department of Defense, the Ministry of theRussian Federation for Atomic Energy, and the Ministry of Defense of theRussian Federation.

The Steering Committee will review and approve the Technical InformationExchange Program and other aspects ofcooperation under this Agreement and shall take measures for the effectiveimplementation of this Agreement.

2. The Steering Committee shall establish a Coordinating Group, whichshall develop proposals for the Technical Information Exchange Programand present them to the Steering Committee for review and approval.

3. All decisions of the Steering Committee as well as decisions of theCoordinating Group shall be made by consensus of their members.

4. The Coordinating Group may establish working groups on the topicsof cooperation listed in Article 3 of this Agreement and shall define theirfunctions and procedures for the exchange of technical information withsubsequent confirmation by the Steering Committee in accordance with agreedprocedures.

5. The principal participants in this Agreement are:

for the United States of America: the United States of America Departmentof Energy, the United States of AmericaDepartment of Defense, and Lawrence Livermore, Los Alamos, and SandiaNational Laboratories;

for the Russian Federation: the Ministry of the Russian Federation forAtomic Energy, the Russian Federation Ministry ofDefense, the Russian Federal Nuclear Center­All­Russian ScientificResearch Institute of Experimental Physics, the Russian Federal NuclearCenter­All­Russian Scientific Research Institute of Technical Physics,and the All­Russian Scientific Research Institute of Automation.

ARTICLE 6

1. Only unclassified technical information shall be exchanged underthis Agreement.

2. The Steering Committee shall develop guidelines for establishingprocedures for the transmission of technical information under this Agreement.All information transmitted under this Agreement and procedures for itstransmission shall be controlled by the representatives of each Party onthe Steering Committee pursuant to these regulations.

3. In order to prevent access to it by people and organizations notparticipating in the implementation of this Agreement,information transmitted under this Agreement may be considered as sensitiveby the Parties. Such information must be clearly designated and marked.The Party transmitting the information shall designate information as sensitivein accordance with its internal laws and regulations. The Party receivingthe information shall handle this information as sensitive.

4. Sensitive information shall be handled in accordance with the lawsand regulations of the Party receiving the information, where this informationshall not be disclosed or transmitted to a third Party having no relationto this Agreement without the clearly expressed consent of the Party transmittingthe information.

5. The number of people having access to sensitive information mustbe limited to the number necessary to implement such an exchange and otherprograms associated with it.

6. The Parties shall assure effective protection of and allocation ofrights to intellectual property transmitted or created under this Agreement,as set forth in this Article and the Annex to this Agreement, which formsan integral part of this Agreement.

7. Information transmitted under this Agreement must be used solelyfor the purposes established by this Agreement inaccordance with the laws, regulations, and mutual interests of theStates represented by the Parties.

ARTICLE 7

1. Participation of each Party in this Agreement shall be conductedin accordance with the legislation and regulations of the States representedby the Parties.

2. Joint activity of the Parties under this Agreement shall be subjectto the availability of funding. Unless otherwise agreed in writing, eachParty shall bear all of its own expenses for activity under this Agreement.

3. All issues relating to interpretation or application of this Agreementshall be decided by consultations between the Parties.

4. If agreement is reached on the conduct of joint studies, projects,or experiments, detailed guidelines for their implementation shall be laidout in the form of separate documents. These documents must be subordinateto this Agreement and must be ratified by the Executive Agents of the Parties.

5. Bearing in mind the necessity for reliable communications, the participantsin this Agreement shall jointly investigate ways to facilitate the exchangeof information under this Agreement.

6. The party receiving technical information shall have no claims andshall bring no judicial proceedings or suits againstorganizations or personnel of the Party that transmitted the informationfor possible or actual damage to its property orpersonnel that may arise as a result of the use of the technical informationreceived under this Agreement.

ARTICLE 8

1. This Agreement shall enter into force when the Parties notify eachother that they have satisfied the procedures stipulated by national legislation.

2. This Agreement shall remain in effect for five years, at which timeit is subject to extension for additional five­year periods upon thewritten agreement of both Parties after joint review at the end of eachfive­year period. It can also be amended by mutual agreement of theParties.

3. Each Party may at any time notify the other Party in writing of itsintention to terminate this Agreement, where upon the Agreement shall beterminated six months from the day the notification is received.

4. In the event this Agreement is terminated, the Parties agree thatall previously provided sensitive information and intellectual propertyshall be handled in accordance with Article 6 of this Agreement (includingthe Annex to this Agreement), unless otherwise agreed between the Parties.

DONE at Moscow this sixteenth day of December, 1994, in. two copies,each in the English and Russian languages, both texts being equally authentic.
 

FOR THE GOVERNMENT OF THE
UNITED STATES OF AMERICA

SIGNED BY HAZEL R. O'LEARY
 

FOR THE GOVERNMENT OF THE
RUSSIAN FEDERATION

SIGNED BY VIKTOR MIKHAILOV


ANNEX TO THE AGREEMENT BETWEEN THE GOVERNMENT OF THE UNITED STATES OFAMERICA AND THE GOVERNMENT OF THE RUSSIAN FEDERATION ON THE EXCHANGE OFTECHNICAL INFORMATION IN THE FIELD OF NUCLEAR WARHEAD SAFETY AND SECURITYINTELLECTUAL PROPERTY

In accordance with Article 6 of the Agreement between the Governmentof the United States of America and the Government of the Russian Federationon the Exchange of Technical Information in the Field of Nuclear WarheadSafety and Security (hereinafter called the Agreement):

It is not assumed that significant items of intellectual property, withthe exception of copyrights, will be created or transmitted in the courseof work under the Agreement. However, items of intellectual property thatare created or transmitted under the Agreement shall be handled in accordancewith the provisions of this Annex, which is an integral part of the Agreement;

The Parties shall assure adequate and effective protection of intellectualproperty created or transmitted in accordance with the Agreement and (shallassure) the appropriate implementation of measures associated with thisprotection;

The Parties agree to inform each other promptly of all items of intellectualproperty created as a result of work done under the Agreement.

I. Scope

1. This Annex shall apply to all joint activity done in accordance withthe Agreement unless otherwise specifically agreed by the Parties or theirExecutive Agents.

2. In the Agreement the term "intellectual property" has the meaningdefined in Article 2 of the Convention Establishing the World IntellectualProperty Organization, done at Stockholm on 14 July 1967.

3. This Annex defines the principles governing legal relationships betweenthe Parties in the field of protection and use of items of intellectualproperty as well as underlying procedures for allocating intellectual propertyrights. Each Party shall take all necessary measures to assure that theother Party receives all rights stipulated under the Agreement to the possession,use, and transfer of intellectual property by drawing up the appropriatelegal documents if necessary, stipulating the transfer of intellectualproperty rights from a participant in the Agreement to its Party. ThisAnnex shall not alter or replace the legal relationships in the field ofintellectual property between a Party and its participants, which are definedby the laws and practice of that Party.

4. Disputes relating to intellectual property associated with the Agreementmust be resolved by negotiations between the Parties or their ExecutiveAgents. In the event a dispute cannot be resolved by negotiations, by mutualagreement of the Parties the dispute may be given to an arbitration agencyfor resolution on the basis of the Agreement and in accordance with theprovisions of international law and procedures to which both Parties shallagree in writing.

5. Termination or expiration of the Agreement shall not terminate therights and obligations arising from this Annex.

6. The conditions of this Annex and their interpretation in the areaof legal protection, use of intellectual property, and theallocation of rights shall not extend to and must not be used in thepreparation and interpretation of other agreements that are not privateagreements (contracts, collaborations) under the Agreement.

II. Allocation of Rights

1. Each party shall be granted nonexclusive, irrevocable, royalty­freelicense in all countries of the world to the translation, reproduction,and public distribution of scientific and technical articles, papers, reports,and books produced as a result of joint work under the Agreement. In allpublicly distributed copies of copyrighted materials covered by the Agreementthe names of the authors must be mentioned unless the authors explicitlyexpress the desire to remain anonymous.

2. If in the process of preparing private agreements (contracts, collaborations)for specific work under the Agreement it becomes evident that intellectualproperty will be created or transferredduring this work, the Parties must stipulate theallocation of rights to the ownership and transfer of such intellectualproperty in the text of that private agreement. If in the process of concludinga private agreement for specific work the Parties cannot agree on the allocationof rights to intellectual property that may be created during the work,intellectual property may not be a subject of that private agreement (contract,collaboration).

   1.Each Party must take all necessary measures so that intellectualproperty created outside the Agreement and transmitted to the other Partyfor use under the Agreement is transmitted in accordance with the lawsof the transmitting Party.