TREATIES AND OTHER INTERNATIONAL ACTS SERIES 14-924.3

________________________________________________________________________

NUCLEAR SAFETY 

Arrangement Between the 

UNITED STATES OF AMERICA

and SOUTH AFRICA

Signed at Vienna September 24, 2014

with

Addenda and 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.”
 SOUTH AFRICA

 Nuclear Safety

 Arrangement signed at Vienna 

 September 24, 2014;

 Entered into force September 24, 2014.

 With addenda and annex.
ARRANGEMENT

BETWEEN

THE UNITED STATES

NUCLEAR REGULATORY COMMISSION

AND

THE REPUBLIC OF SOUTH AFRICA

NATIONAL NUCLEAR REGULATOR

FOR THE EXCHANGE

OF TECHNICAL INFORMATION

AND

COOPERATION IN NUCLEAR SAFETY MATTERS

SEPTEMBER 24, 2014
ARRANGEMENT 

BETWEEN 

THE UNITED STATES NUCLEAR REGULATORY COMMISSION 

AND 

THE REPUBLIC OF SOUTH AFRICA NATIONAL NUCLEAR REGULATOR 

FOR THE EXCHANGE OF TECHNICAL INFORMATION 

AND 

COOPERATION IN NUCLEAR SAFETY MATTERS 

The United States of America Nuclear Regulatory Commission (hereinafter called the USNRC), 

and the Republic of South Africa National Nuclear Regulator (hereinafter called NNR), both 

hereinafter referred to as "the Parties;" 

Having a mutual interest in a continuing exchange of information pertaining to regulatory 

matters and of standards required or recommended by their organizations for the regulation of 

safety and environmental impact of nuclear facilities; 

Having similarly cooperated under the terms of a five-year "Arrangement for the 

Exchange of Technical Information and Cooperation in Nuclear Safety Maters," signed on 

September 27, 1994, between the USNRC and the NNR's predecessor agency, the South 

African Council for Nuclear Safety, and having entered into subsequent Arrangements on March 

30, 2000; September 28, 2005; and most recently on December 14, 2009; 

Have agreed as follows: 
2 

I. SCOPE OF THE ARRANGEMENT 

A Technical Information Exchange 

To the extent that the Parties are permitted to do so under the laws, regulations, 

and policy directives of their respective countries, they shall exchange the 

following types of unclassified technical information relating to the regulation of 

safety, waste management, radiological safety, and environmental impact of 

designated nuclear energy facilities and to nuclear safety research programs: 

1. Topical reports concerning safety, waste management, radiological 

safety, and environmental effects written by or for one 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 the USNRC process for licensing and 

regulating certain U.S. facilities designated by the NNR as similar to. 

certain facilities being built or planned in South Africa and equivalent 

documents on such facilities owned by South Africa. 

4. Information in the field of reactor safety research that the Parties have the 

right to disclose, either in the possession of one of the Parties or available 

to it, including light water reactor safety information from the technical 

areas described in Addenda "A" and "8", attached hereto and made 

integral parts of this Arrangement. Cooperation in these itemized 

research areas may require a separate agreement, as determined to be 

necessary by the research organizations of one or both of the Parties. 

Each Party shall 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 operating experience, such as on nuclear incidents, accidents 

and shutdowns, and compilations of historical reliability data on 

components and systems. 

6. Regulatory procedures for the safety, waste management, radiological 

safety, and environmental impact evaluation of nuclear facilities. 

7. Early advice of important events, such as serious operating incidents, 

government-directed reactor shutdowns, and emerging technical issues, 

that are of immediate interest to the Parties. 
3 

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 two Parties, including the use of test facilities 

and/or computer programs owned by either Party, shall be considered on a caseby-case basis and may be the subject of a separate agreement, if determined to 

be necessary by the research organizations of one or both of the Parties. When 

not the subject of a separate agreement, the terms of cooperation may be 

established by an exchange of letters between the research organizations of the 

Parties, and shall be subject to the terms and conditions of the present 

Arrangement. 

Technical areas specified by such exchanges of letters may be modified 

subsequently by mutual consent. Temporary assignments of personnel by one 

Party in the other Party's Agency shall also be considered on a case-by-case 

basis and shall, in general, require a separate agreement between the research 

organizations of the Parties. 

C. Training and Assignments 

Within the limits of available resources and subject to the availability of 

appropriated funds, the USNRC shall cooperate with NNR in providing certain 

training and experience for NNR safety personnel. Unless otherwise agreed, 

costs of salary, allowances, and travel of NNR participants shall be paid by the 

NNR. The following are typical of, but not necessarily exclusive of, the kinds of 

training and·experience that may be provided: 

1. NNR designated inspector accompaniment of USNRC inspectors on 

reactor operation and reactor construction inspection visits in the United 

States, including extended briefings at USNRC regional inspection 

offices. 

2. Participation by NNR employees in USNRC staff training courses. 

3. Assignment of NNR experts for certain periods to be determined by the 

Parties within the USNRC staff to work on USNRC staff duties and gain 

on the job experience. 

4. Training assignments of the NNR within the radiation control program in 

the United States. 
4 

II. ADMINISTRATION 

A. The exchange of information under this Arrangement shall be accomplished 

through letters, reports, and other documents, and by visits and meetings 

arranged in advance on a case-by-case basis. Periodic meetings shall be held at 

such times as mutually agreed to review the exchange of information and 

cooperation under this Arrangement, to recommend revisions to the provisions of 

the Arrangement, and to discuss topics coming within the scope of the 

cooperation. The time, place, and agenda for such meetings shall be agreed 

upon in advance. Visits which take place under the Arrangement, including their 

schedules, shall have the prior approval of the administrators referred to in 

paragraph II.B. 

B. An administrator shall be designated by each Party to coordinate its participation 

in the overall e~change under this Arrangement. The administrators shall be the 

recipients of all documents transmitted under the exchange, including copies of . 

all letters unless otherwise agreed. Within the terms of the exchange, the 

administrators will be responsible for developing the scope of the exchange, 

including agreement on the designation of the nuclear energy facilities subject to 

the exchange, and on specific documents and standards to be exchanged. One 

or more technical coordinators may be appointed as direct contacts for specific 

disciplinary areas. These technical coordinators shall ensure that both 

administrators receive copies of all transmittals. These detailed arrangements 

are intended to ensure, among other things, that a reasonably bahmceq 

exchange giving access to equivalent available information is achieved and 

maintained. 

C. The administrators shall determine the number of copies to be provided of the 

documents exchanged. Each document shall be accompanied by an abstract in 

English, 250 words or less, describing its scope and content. 

D. The application or use of any information exchanged or transferred between the 

Parties under this Arrangement shall be the responsibility of the receiving Party, 

and the transmitting Party does not warrant the suitability of such information for 

any particular use or application. 

E. Recognizing that some information of the type covered in this Arrangement is not 

available within the agencies that are Parties to this Arrangement, but is available 

from other agencies of the governments of the Parties, each Party shall assist 

the other to the maximum extent possible by organizing visits and directing 

inquiries concerning such information to appropriate agencies of the government 

concerned. The foregoing shall not constitute a commitment of other agencies to 

furnish such information or to receive such visitors. 
5 

Ill. EXCHANGE AND USE OF INFORMATION 

A. General 

The Parties support the wi_dest possible dissemination of information provided or 

exchanged under this Arrangement, subject to the requirements of each Party's 

national laws, regulations and policies and the need to protect proprietary and 

other confidential or privileged information, and subject to the provisions of the 

Intellectual Property Annex, which is an integral part of this Arrangement. 

B. Definitions 

1. The term "information" means unclassified nuclear energy-related 

regulatory, safety, waste management, scientific or technical data, 

including information on results or methods of assessment, research, 

and any other knowledge provided, created or exchanged under this 

Arrangement. 

2. The term "proprietary information" means information made available 

under this Arrangement that contains trade secrets or other privileged or 

confidential commercial information (such that the person having the 

information may derive a commercial benefit from it or may have a 

commercial advantage over those who do not have it}, and may only 

include information that: 

a. has beE:m held in confidence by its owner; 

b. has not been transmitted by the owner to other entities (including 

the receiving Party), except on the basis that it be held in 

confidence; 

c. is not otherwise available to the receiving Party from another 

source without restriction on its further dissemination; and 

d. is not already in the possession of the receiving Party. 

3. The term "other confidential or privileged information" means information, 

other than "proprietary information," that has been transmitted and 

· received in confidence under this Arrangement and is protected from 

public disclosure under the laws, regulations, or policies of the country of 

the Party providing the information. 
6 

C. Marking Procedures for Documentary Proprietary Information 

A Party receiving documentary proprietary information pursuant to this 

Arrangement shall respect the privileged nature of such information, provided 

that such proprietary information is clearly marked with the following (or 

substantially similar) restrictive legend: 

"This document contains proprietary information furnished in confidence 

under an Arrangement dated September 24, 2014, between the United 

States Nuclear Regulatory Commission and the Republic of South Africa 

National Nuclear Regulator and shall not be disseminated outside these 

organizations, their consultants, contractors, and licensees, or concerned 

departments and agencies of the Government of the United States and 

the Government of the Republic of South Africa, without the prior written· 

approval of (name of transmitting Party). This notice shall be marked on 

each page of any reproduction hereof, in whole or in part. These 

limitations shall automatically terminate when the proprietary information 

is disclosed by the owner without restriction." 

This restrictive legend shall be respected by the Parties to this Arrangement. 

Proprietary information bearing this restrictive legend shall not be made public or 

otherwise disseminated in any manner unspecified or contrary to the terms of this 

Arrangement without the prior written consent of the transmitting Party. 

Proprietary information bearing this restrictive legend shall not be used by the 

receiving Party or its contractors and consultants for any commercial purposes 

without the prior written consent of the transmitting Party. 

D. Dissemination of Documentary Proprietary Information 

1. In general, proprietary information received under this Arrangement may 

be disseminated by the receiving Party without prior consent to persons 

within or employed by the receiving Party, and to concerned Government 

d~partments and Government agencies in the country of the receiving 

Party, provided: 

a. such dissemination is made on a case-by-case basis; and 

b. such proprietary information bears the restrictive legend appearing 

in Section Ill. C. of this Arrangement. 
7 

2. Proprietary information received under this Arrangement may be 

disseminated by the receiving Party without prior consent to cont

and consultants of the receiving Party located within the geograp

limits of that Party's country provided: 

a. that the proprietary information is used by such contractor

consultants only for work within the scope of their contract

receiving Party relating to the subject matter of the proprie

information, and shall not be used by such contractors and 

consultants for any other private commercial purposes; 

b. that such dissemination is made on a case-by-case basis 

contractors and consultants who have executed a non-dis

agreement; and that such proprietary information shall bea

restrictive legend appearing in Section Ill. C. of this Arrang

3. With the prior written consent of the Party furnishing proprietary 

information under this Arrangement, the receiving Party may diss

such proprietary information more widely than otherwise permitte

the terms set forth in this Arrangement. The Parties shall endeav

grant such approval to the extent permitted by their respective n

laws, regulations and policies, provided: 

a. tbat the entities receiving proprietary information under Se

111.0.3. of this Arrangement, including domestic organizatio

permitted or licensed by the receiving Party to construct o

nuclear production or utilization facilities, or to use nuclear 

materials radiation sources, have executed a non-disclosu

agreement; 

b. that the entities receiving proprietary information under Se

111.0.3. of this Arrangement, including domestic organizatio

permitted or licensed by the receiving Party to construct or 

nuclear production or utilization facilities, shall not use suc

proprietary information for any private commercial purpose

c. that those entities receiving proprietary information under S

111.0.3. of this Arrangement that are domestic organization

permitted or licensed by the receiving Party, agree to use t

proprietary information only for activities carried out under 

the terms of their specific permit or license. 
8 

E. Marking Procedures for Other Confidential or Privileged Information of a 

Documentary Nature 

A Party receiving under this Arrangement other confidential or privileged 

information shall respect its confidential nature, provided such information is 

clearly marked so as to indicate its confidential or privileged nature and is 

accompanied by a statement indicating: 

1. that the information is protected from public disclosure by the government 

of the transmitting Party; and 

2. that the information is transmitted under the condition that it be 

maintained in confidence. 

F. Dissemination of Other Confidential or Privileged Information of a Documentary 

Nature 

Other confidential or privileged information may be disseminated in the same 

manner as that set forth in Section III.D, "Dissemination of Documentary 

Proprietary Information." 

G. Non-Documentary Proprietary or Other Confidential or Privileged Information 

Non-documentary proprietary or other confidential or privileged information 

provided in seminars and other meetings organized under this Arrangement, or 

information arising from the attachments of staff, use of facilities, or joint projects, 

shall be treated by the Parties according to the principles specified for 

documentary information in this Arrangement; provided, however, that the Party 

communicating such proprietary or other confidential or privileged information 

has placed the recipient on notice as to the character of the information 

communicated. 

H. Consultation 

If, for any reason, one of the Parties becomes aware that it will be, or may 

- reasonably be expected to become, unable to meet the non-dissemination 

provisions of this Arrangement, it shall immediately inform the other Party. The 

Parties shall thereafter consult to define an appropriate course of action. 

Nothing contained in this Arrangement shall preclude a Party from using or 

disseminating information received without restriction by a Party from sources 

outside of this Arrangement. 
9 

IV. FINAL PROVISIONS 

A. Nothing contained in this Arrangement shall require either Party to take any 

action that would be inconsistent with its existing laws, regulations, or policy 

directives. Should any conflict arise between the terms of this Arrangement and 

those laws, regulations, or policy directives, 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, all costs resulting from cooperation pursuant to this 

Arrangement shall be the responsibility of the Party that incurs them. The ability 

of the Parties to carry out their obligations is subject to the appropriation of funds 

by the appropriate governmental authority and to the laws, regulations and 

policies applicable to the Parties. 

C. Gooperation under this Arrangement shall be in accordance with the laws and 

regulations of the Parties. 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 signature and, subject to paragraph 

E of this Section, shall remain in force for a period of five years. It may be 

extended for a further period of time by written agreement of the Parties. Upon its 

entry into force, this Arrangement shall supersede the Arrangement between the 

United States Nuclear Regulatory Commission and the Republic of South Africa 

National Nuclear Regulator for the Exchange of Technical Information and 

Cooperation in Nuclear Safety Matters, signed at Cape Town on December 14, 

2009. 

E. Either Party may terminate this Arrangement after providing the other Party 

written notice 180 days prior to its intended date of termination. 

DONE at Vienna, Austria, on this 24th day of September, 2014, in the English language. 

FOR THE UNITED STATES 

NUCLEAR REGULA TORY COMMISSION 

~~ Allison M. Macfarlane, 

Chairman 

FOR THE REPUBLIC OF SOUTH AFRICA 

NATIONAL NUCLEAR REGULATOR 
Addendum A 

Areas in Which the USNRC Is Performing or Sponsoring Safety Research 

1. Digital Instrumentation and Control 

2. Reactor and Electrical Equipment Qualification 

3. Environmental Transport 

4. Radionuclide Transport and Waste Management 

5. Dry Cask Storage and Transport 

6. Fire Safety Research 

7. Nuclear Fuel Analysis 

8. Severe Accident Analysis 

9. Operating Experience and Generic Issues 

10. Human Factors Engineering 

11. Organizational Factors/Safety Culture 

12. Human Reliability Analysis (HRA) 

13. Probabilistic Risk Assessments 

14. Radiation Protection and Health Effects 

15. Seismic Safety 

16. State of the Art Risk Consequences 

17. Reactor Containment Structural Safety 

18. Reactor Vessel and Piping Integrity 

19. Regulatory Guide Update 

·20. New and Advanced Reactor Designs 

21. Decommissioning 

22. Thermal Hydraulic Code Applications and Maintenance 

23. Uncertainty Analysis for Thermal Hydraulic Kinetics 

24. Coupled 3D Neutronic and Plant Thermal Hydraulics 

25. Medical Isotope Production 

26. Long-term Operational Management 

27. · Plant and Systems Operations 
Addendum 8 

Areas in Which the NNR Is Performing or Sponsoring Nuclear Safety Research 

1. Training and Certification of Nuclear and Radiation Safety Inspectors 

2. Plant Life Extension of both Power Reactors and Research Reactors 

3. Computer codes for both safety analysis and severe accident analysis 

4. Regulation Development and regulatory framework for new builds 

5. Safety Objectives relating to Generation 3+ reactors 

6. Regulatory approach to components manufacturing and construction of NPPs 

7. Management Meetings Entrance and Exit Interviews 

8. Quality Assurance Implementation Inspection 

9. Inspection of Applicant's Surveillance of Contractor Quality Assurance (QA) Activities 

10. Design Certification Testing Inspection 

11. Inspection of Programs for Reporting Defect~ and Noncompliance 

12. Verification of As-Built conditions 

13. Resolution of Employee Concerns 

14. Inspections to Review Allegations 

15. Licensee Program for Inspections, Tests, Analyses, and.Acceptance Criteria (ITAAC) 

Management 

16. Review of Training and Qualification Programs 

17. Training and Qualification Effectiveness 

18. Fire Prevention and Protection 

19. Plant Procedures (Operating and Maintenance Requirements and Procedures) 

20. Inspection of Nuclear Vendors (reactive and routine) 

21. Inspection of Geotechnical and Site Characterization Procedures, Activities and 

Records 

22. Inspection of Structural Concrete and Steel Procedure review, Work Observation, 

Record review 

23. Inspection of Structures, Passive Components, and Civil Engineering Features at 

Nuclear Power Plants 

24. Inspection of Erosion/Corrosion Monitoring Programs 

25. Reactor Coolant Pressure Boundary Piping 

26. Steam Generators 

27. Reactor Vessels and Internals 

28. Reactor Vessel Material Surveillance Program 

29. Pipe Support and Restrain Systems 

30. Spent Fuel Storage Racks 

31. Heating, Ventilation, and Air Conditioning Systems 

32. Electrical Components and Systems 

33. Instrument Components and Systems 

34. Electrical and Mechanical Containment Penetrations 

35. Nuclear Welding General Inspection Procedure 

36. Non-destructive examinations 

37. Fuel Receipt and Storage 

38. Re-fuelling and Other Outage Activities 

39. Verification of Containment Integrity 

40. Containment Local Leak Rate Testing 

41. Maintenance Implementation 
2 

42. Motor Operated Valve Capability 

43. Power Operated Gate Valve - Pressure Locking and Thermal Binding 

44. · Containment Integrated Leak Rate Test Procedure, work observation and record 

review 

45. Vibration Test 

46. Cranes, Hoists and Lifting Equipment Test 

47. Nuclear Instrumentation System Test 

48. Licensed Operator Requalification Program 

49. Flood Protection Measures 

50. Maintenance Effectiveness, Risk Assessments and Emergent Work Control 

51. Operability Evaluations 

52. Plant Modifications 

53. Surveillance Testing 

54. Radiation Protection 

55. Radiation Monitoring Instrumentation 

56. Radioactive Waste Processing and Radioactive Material Handling and Storage 

57. Transportation of Radioactive Materials 

58. Design, Fabrication, Testing, and Maintenance of Transportation Packaging 

59. In-Plant Airborne Radioactivity Control and Mitigation 

60. Emergency Action Level, Emergency Plan and evacuation drill evaluation 

61. Problem Identification and Resolution 

62. Technical Specification Review 

63. Human Performance 

64. Industrial Radiography Programs 

65. OH&SA Interface Activities 

66. Regulation of Uranium Mines 

67. Regulation and remediation of Legacy mining sites 

68. Borehoe disposal of disused 

69. Safety and licensing spent fuel dry storage facilities for PWR 

70. Dual Career Pathing 

71. Inspector Training 
Intellectual Property Rights Annex 

I. General Obligation 

The Parties shall ensure adequate and effective protection of intellectual property 

created or furnished under this Arrangement and relevant implementing 

arrangements. Rights to such intellectual property shall be allocated as provided in 

this Annex. 

II. Scope 

A. This Annex is applicable to all cooperative activities undertaken pursuant to this 

Arrangement, except as otherwise specifically agreed by the Parties or their 

designees. 

B. For purposes of this Arrangement, "intellectual property" shall mean the subject 

matter listed in Article 2 of the Convention Establishing the World Intellectual 

Property Organization, done at Stockholm, July 14, 1967, and may include other 

subject matter as agreed by the Parties. 

C. Each Party shall ensure, through contracts or other legal means with its own 

participants, if necessary, that the other Party can obtain the rights to intellectual 

property allocated in accordance with this Annex. This Annex does not otherwise 

alter or prejudice the allocation between a Party and its nationals, which shall be 

determined by that Party's laws and practices . 

. D Except as otherwise provided in this Arrangement, disputes concerning 

intellectual property arising under this Arrangement shall 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 rules of international law. Unless the Parties or their designees 

agree otherwise in writing, the arbitration rules of United Nations Commission on 

International Trade Law (UNCITRAL) shall govern. · 

E. Termination or expiration of this Arrangement shall not affect rights or obligations 

under this Annex. 

Ill. 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 Arrangement. 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 

paragraph III.A. above, shall be allocated as follows: 
(1) Visiting researchers shall receive rights, awards, bonuses and royalties in 

accordance with the policies of the host institution. 

(2) (a) Any intellectual property created by persons employed or sponsored by 

one Party under cooperative activities other than those covered by paragraph 

111.(8)(1) shall be owned by that Party. Intellectual property created by 

persons employed or sponsored by both Parties shall be jointly owned by the 

Parties. In addition, each creator shall be entitled to awards, bonuses and 

royalties in accordance with the policies of the institution employing or 

sponsoring that person. 

(b) Unless otherwise agreed in an implementing or other arrangement, each 

Party shall have within its territory all rights to exploit or license intellectual 

property created in the course of the cooperative activities. 

(c) The rights of a Party outside its territory shall be determined by mutual 

agreement considering the relative contributions of the Parties and their 

participants to the cooperative activities, the degree of commitment in 

obtaining legal protection and licensing of the intellectual property and such 

other factors deemed appropriate. 

(d) Notwithstanding paragraphs III.B(2)(a) and (b) above, if a particular 

project has led to the creation of intellectual property protected by the laws of 

one Party but not the other, the Party whose laws provide for this type of 

protection shall be entitled to all rights to exploit or license intellectual 

property worldwide althpugh creators of intellectual property shall 

nonetheless be entitled to awards, bonuses and royalties as provided in 

paragraph III.B(2)(a). 

(e) For each invention made under any cooperative activity, the Party 

employing or sponsoring the inventor(s) shall disclose the inventions promptly 

to the other Party together with any documentation and information 

necessary to enable the other Party to establish any rights to which it may be 

entitled. Either Party may ask the other Party in writing to delay publication or 

public disclosure of such documentation or information for the purpose of 

protecting its rights in the invention. Unless otherwise agreed in writing, the 

delay shall not exceed a period of six months from the date of disclosure by 

the inventing Party to the other Party. 

IV. Business Confidential Information 

In the event that information identified in a timely fashion as business-confidential 

is furnished or created under this Arrangement, each Party and its participants 

shall protect such information in accordance with applicable laws, regulations, 

and administrative practices. Information may be identified as "businessconfidential" 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, and 

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.