TREATIES AND OTHER INTERNATIONAL ACTS SERIES 13-930.1

________________________________________________________________________

NUCLEAR SAFETY 

Arrangement Between the 

UNITED STATES OF AMERICA

and ARGENTINA

Signed at Vienna and Buenos Aires

September 17 and 30, 2013

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.”
 ARGENTINA

 Nuclear Safety

 Arrangement signed at Vienna and

 Buenos Aires September 17 and 30, 2013;

 Entered into force September 30, 2013.

 With addenda and annex.
ARRANGEMENT 

BETWEEN 

THE UNITED STATES NUCLEAR REGULATORY 

COMMISSION 

AND· 

THE AUTORIDAD REGULATORIA NUCLEAR DE 

ARGENTINA 

FOR THE EXCHANGE OF TECHNICAL 

INFORMATION 

AND . ·-

COOPERATION IN REGULATORY AND SAFETY 

RESEARCH MA TIERS 
ARRANGEMENT 

BETWEEN 

THE UNITED STATES NUCLEAR REGULATORY COMMISSION 

AND 

THE AUTORIDAD REGULATORIA NUCLEAR DE ARGENTINA 

FOR THE EXCHANGE OF TECHNICAL INFORMATION 

AND 

COOPERATION IN REGULATORY AND SAFETY RESEARCH MATTERS 

The Nuclear Regulatory Commission of the United States (hereinafter the USNRC}, and 

the Autoridad Regulatoria Nuclear de Argentina (hereinafter the ARN), hereinafter the "Parties"; 

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

matters and of the 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 the Arrangement between the USNRC 

and the Ente Nacional Regulador Nuclear for the exchange of technical information and 

cooperation in regulatory and safety research matters, signed on September 17, 1996; 

Noting that the Autoridad Regulatoria Nuclear de Argentina in April 1997 succeeded the 

Ente Nacional Regulador Nuclear as the nuclear regulatory body in Argentina; 

Having most recently cooperated under the Arrangements between the USNRC and the 

Autoridad Regulatoria Nuclear de Argentina for the exchange of technical information and 

cooperation in regulatory and safety research matters, signed on January 2002, and December 

2007. 

Having indicated their mutual desire to continue their established cooperation for another 

five years; 

Have agreed as follows: 
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I. SCOPE OF THE ARRANGEMENT 

A. Technical Information Exchange 

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

policy directives of their respective countries, the ARN and the USNRC agree to 

exchange the following types of technical information relating to the regulation of 

designated nuclear energy facilities and their environmental impact and to 

nuclear safety research programs: 

1. Topical reports concerning safety, safeguards, physical protection, 

decommissioning, 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. Documents describing the USNRC process for licensing and regulating 

certain U.S. facilities designated by the ARN as similar to certain facilities 

being built or planned in the Republic of Argentina and equivalent 

. documents on such facilities owned by the Republic of Argentina. 

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 information from the technical areas described in Addenda 

"A" and "B." Exchanges in the fierd of reactor safety research may require 

a separate agreement if determined to be necessary by 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 reports on nuclear incidents, 

accidents and shutdowns, and compilations of historical reliability data on 

components and systems, and information on emergency planning and 

response for power reactor programs. 

6. Regulatory procedures for the safety, safeguards (materials accountancy 

and control and physical protection), 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. 

8. Copies of regulatory standards required to be used, or proposed for use, 

by the parties. 
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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 case-

. by-case basis and may be the subject of a separate agreement if determined to 

be necessary by 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 Parties, subject at least to the terms and conditions of the 

present agreement. Temporary assignments of personnel by one Party in the 

other Party's agency will also be considered on a case-by-case basis and will, in 

general, require a separate exchange of letters. 

C. Training and Assignments 

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

funds and to the provisions of this Arrangement, each Party will assist the other Party 

in providing opportunities for training and assignments in the areas covered by this 

Arrangement to the other Party. Unless otherwise agreed in a particular case, all 

salaries, allowances and travel expenses incurred will be paid by the Party that 

incurs them. The following are typical of, but not necessarily exclusive of, the 

kinds of training and experience that may be provided: 

1. Reactor operation and reactor construction inspection. 

2. Participation in.staff training courses. 

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

to gain on the job experience. 

4. Training assignments on the radiation control programs. 

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 exchange 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, 
- 

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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 balanced 

exchange giving access to equivalent available information from both sides 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. 

F. Unless otherwise agreed, all costs resulting from cooperation pursuant to this 

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

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

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

applicable to the Parties. 

Ill. EXCHANGE AND USE OF INFORMATION 

A General 

The Parties support the widest possible dissemination of information provided, 

created 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 Addendum, which is an integral part of this 

Arrangement. 

B. Definitions 

1. The term "information" means non-classified 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. 
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2. The term "proprietary information" means information made available 

under this Arrangement that contains trade secrets or other confidential or 

privileged 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 been held in confidence by its owner; 

b. is of a type which is customarily held in confidence by its owner; 

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

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

confidence; 

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

source without restriction on its further dissemination; and 

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

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

restricted by the provider. 

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 su~h 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 18, 2013, 

between the Autoridad Regulatoria Nuclear de Argentina and the 

United States Nuclear Regulatory Commission and shall not be 

disseminated outside these organizations, their consultants, 

contractors, and licensees, or concerned departments and 

agencies of the Government of Argentina and the Government of 

the United States, 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. 
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D. Dissemination of Documentary Proprietary Information 

1. In g~neral,_ proprietary information received under this Arrangement may 

be d1ssem1nated by the receiving Party without prior consent to persons 

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

departments and Government agencies in the country of the receiving 

Party, provided: 

a. such dissemination is made on a case-by-case basis to persons 

or departments and agencies having a legitimate need for the 

proprietary information; and 

b. such proprietary information shall bear the restrictive legend 

appearing in Section Ill. C. of this Arrangement. 

2. Proprietary information received under this Arrangement may be 

disseminated by the receiving Party without prior consent to contractors 

and consultants of the receiving Party located within the geographical 

limits of that Party's country provided: 

a. that the proprietary information is used by such contractors and 

consultants only for work within the scope of their contracts with the 

receiving Party relating to the subject matter of the proprietary 

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 to 

contractors and consultants having a legitimate need for the 

proprietary information and who have executed a non-disclosure 

agreement; and 

c. that such proprietary information shall bear the restrictive legend 

appearing in Section Ill. C. of this Arrangement. 

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

information under this Arrangement, the receiving Party may disseminate 

such proprietary information more widely than otherwise permitted under 

the terms set forth in this Arrangement. The Parties shall endeavor to 

grant such approval to the extent permitted by their respective national 

laws, regulations and policies, provided: 

a. that the entities receiving proprietary information under Section 

111.0.3. of this Arrangement, including domestic organizations 

permitted or licensed by the receiving Party to construct or operate 

nuclear production or utilization facilities, or to use nuclear materials 

and radiation sources, have a legitimate need for the proprietary 

information and have executed a non-disclosure agreement; 

b. that the entities receiving proprietary information under Section 

111.0.3. of this Arrangement, including domestic organizations 

permitted or licensed by the receiving Party to construct or operate 
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nuclear production or utilization facilities, shall not use such 

proprietary information for any private commercial purposes; and 

c. that those entities receiving proprietary information under Section 

III.D.3. of this Arrangement that are domestic organizations 

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

proprietary information only for activities carried out under or within 

the terms of their specific permit or license. 

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. 
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I. Other 

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. 

IV. FINAL PROVISIONS 

A This Arrangement will enter into force upon signature and, subject to paragraph 

C of this article, will remain in force for a period of (5) years. It may be extended 

for a further period of time by agreement of the Parties. 

B. · - Nothing contained in this Arrangement shall require either Party to take any 

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

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

those laws, regulations, and policy directives, the Parties agree to consult before 

any action is taken. No nuclear information related to sensitive technologies 

shall be exchanged under this Arrangement. 

C. Cooperation 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 arising during its 

term shall be settled by mutual agreement of the Parties. 

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

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

. E. All information protected by provisions of this Arrangement as proprietary or 

other confidential or privileged information shall remain so protected for the 

.duration of this Arrangement and after this Arrangement has expired or been 

terminated, unless otherwise agreed by the Parties in writing. 

DONE in duplicate, in the English and Spanish languages, both texts being equally authentic. 

FOR THE UNITED STATES 

NUCLEAR REGULATORY COMMISSION 

Allison M. Macfarlane, Chairman 

Place: Vienna, Austria 

FOR THE AUTORIDAD REGULATORIA 

NUCLEAR DE ARGENTINA 

Date: __ r_a....;.o __ ;;;...-..;..;"':.._,, __ 

Place: Buenos Aires, Republic of Argentina 
Addendum A 

ARN - USNRC Safety Research Exchange 

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 B 

ARN - USNRC Nuclear Safety Research Exchange 

Areas in which the ARN is Performing or Sponsoring Safety Research 

1. Regulatory Procedures for Environmental Impact Evaluation of Nuclear Facilities 

2. Thermal Hydraulic Code Applications and Maintenance (includes uncertainties) 

3. Radiation Protection and Health Effects 

4. Reactor Pressure Vessel Integrity- Surveillance Program 

5. Neutronic Code Applications 

6. Severe Accidents - Deterministic Calculations for PHWR Reactors 

7. Piping Integrity- Break Preclusion Concept 

8. PHWR Reactors - Operating Experience 

9. Probabilistic safety assessment 

10. Internal hazards safety (in particular fire and flooding) 

11. External hazards safety (in particular seismic and tornadoes) 

12. Digital instrumentation and control 

13. Coupled 3D neutronic and thermohydraulic codes 

14. Reactor and Electrical Equipment Qualification 

15. Reactor Containment Structural Safety 

16. Reactor Vessel and Piping Integrity 

17. In service inspection- Non destructive examination- Performance Demonstration 

18. Ageing Management 

19. Decommissioning 
ANNEX ON INTELLECTUAL PROPERTY RIGHTS 

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 liLA above, shall be allocated as follows: 
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(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 111.8(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 

although creators of intellectual property shall nonetheless be 

entitled to awards, bonuses and royalties as provided in 

paragraph 111.8(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. 
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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 "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, 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.