TREATIES AND OTHER INTERNATIONAL ACTS SERIES 17-620 *

________________________________________________________________________

ATOMIC ENERGY

Nuclear Safety 

Arrangement Between the 

UNITED STATES OF AMERICA

and FRANCE

Signed at Fontenay-aux-Roses and 

Rockville

May 23 and June 20, 2017

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.”
 FRANCE

 Atomic Energy: Nuclear Safety

 Arrangement signed at 

 Fontenay-aux-Roses 

 and Rockville

 May 23 and June 20, 2017;

 Entered into force June 20, 2017.

 With addenda and annex.

*This reissue reflects a change to the cover page only.
ARRANGEMENT 


BE1WEEN 


THE UNITED STATES NUCLEAR REGULATORY 


COMMISSION 


AND 


THE INSTITUT DE RADIO PROTECTION ET DE 


SURETE NUCLEAIRE OF FRANCE 


FOR THE EXCHANGE OF TECHNICAL 


INFORMATION AND COOPERATION 


IN THE FIELD OF NUCLEAR SAFETI RESEARCH 


June 2017 
ARRANGEMENT 

BETWEEN 

THE UNITED STATES NUCLEAR REGULATORY COMMISSION 

AND 

THE INSTITUT DE RAOIOPROTECTION ET DE S0RETE NUCLEALRE OF FRANCE 

FOR THE EXCHANGE OF TECHNICAL INFORMATION AND COOPERATION 

IN 

THE FIELD OF NUCLEAR SAFETY RESEARCH 

The United States Nuclear Regulatory Commission (hereinafter the USNRC) and the 

lnstitut de Radioprotection et de Surete Nucleaire of France (hereinafter the IRSN), the two 

to9ether tiereinafter referred to as the Parties; 

Having a mutual interest In cooperation in the field of nuclear safety research, with the 

objective of improving and thus ensuring the safety of nuclear facilities on an international basis; 

and 

Recalling similar cooperation under the T echnicai Exchange and Cooperation Agreement 

between the United States Nuclear Regulatory Commission and the lnstitut de Radloprotection 

et de Silrete Nucleaire of France in the Field of Nuclear Safety Research, signed at Rockville, 

MaJYland. on October 25, 2011 , and entered into force on that date, with effect from August 6, 

2011 ; 

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 respectlve countries, they shall exchange the 

following types of unclassified tectinical information relating to research and 

development, to the regulation of nuclear safety, security, radioactlve waste 

management, radiological safely. and environmental impact of designated 

nuclear energy facrnties and to nuclear safety research programs: 

1. 	 Topical reports concerning safely, radioactive waste management 

radiological safety, and environmental effects written by or for one ofthe 

Parties as a basis for, or in support of. regulatory decisions and policies. 

2. 	 Information in ttie field of reactor safety research that the Parties have lhe 

right to disclose, either in the possession of one of the Parties oravailable 

to it, Including light water reactor safely information, from the technical 

areas described in Addenda •A' and ·s·. 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 informalion e-0nceming 

research result.a lhet requires early attention in the Interest ofpublic 

safety, along with an indication of significant Implications. 

3. 	 Regulatory procedures for nuclear safety, security, radioactive waste 

management, radiological safety, and environmental impact evaluation of 

nuclear facilities. 

4. 	 Earty advice ofimportant events. such as serious operating incidents, 

government-directed reactor shutdowns, and emerg'ing technical issues, 

that are of immediate interest to the Parties. 

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 

actfvittes are divided between the two Partres, including the use of testfacllitles 

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 el\change of letters between the research organizations ofthe 

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

Arrangement. Technical areas specified by such eJ<changes of letters may be 

modlfied subsequently by mutual consent 
3 


C. 	 Training and Assignments 

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

appropriated funds, the USNRC and the IRSN shall cooperate in providing 

certain training and experience for safety and research personnel from each 

Party. 	In addition. 1emporary assignments of personnel by one Party in the other 

Party's Agency shall also be considered on a case-by-case basis and sllall, in 

general, require a separate agreement between the research organlzatlonsofthe 

Parties. Unless otherwise agreed, costs or salary, allowances, and travel of 

participants sllall be paid by the Party that incurs them. The following are typical 

of. but not necessarily llmited to, the kinds of training and experience that may be 

provided: 

1, 	 The IRSN designated exper1s' accompaniment or USNRC inspectors on 

reactor operaflon and reactor construction fnspectlon visits in the United 

Slates, including extended briefings at USNRC regional inspection 

offices. 

2. 	 Participation by the IRSN experts in USNRC staff training courses and 

vice versa. 

3. 	 Assignment of the IRSN 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 and vice versa, 

4. 	 Training assignments of the IRSN experts within lhe radiation control 

program in the United States and vice versa. 

II. 	 ADMINISTRATION 

A. 	 The exchange of Information under this Arrangement shall be acx:omplished 

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 a.greed to review the exchange oi Information and 

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

this 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 this Arrangement, including their 

schedules, shall !lave the prior approval of the administrators referred to in 

Section 11.B. of this Arrangement. 

B. 	 An administrator shall be designated by each Party lo coordinate fts partfcipatfon 

in the overall excllange 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, lhe 

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

including agreement on thedesignation of the nuclear energy facilities subject to 

the exchange, and on specific documents and standards to be exchanged. One 
4 


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

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 ls achieved and 

maintafned. 

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

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 ofsuch 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 lo 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. 

Ill. 	 EXCHANGE AND USE OF INFORMATION 

A. 	 General 

The Parties support the widest 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 lnforrna1ion, and subject to the provisions of the 

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

B. 	 Definitions 

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

safety, security. radioactive 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 

However, the computer codes owned by one Party and transmitted to the 

other Party shall require a separate agreementor software license on a caseby-case basis with specific provisions regarding the distribution of such 

codes. 

2- The term "proprietary information· means information made available under 

this Arrangement that contains trade secrets or other privileged or 

confidential commercial 1nformation (such that the person having the 
5 


lnformallon may derive a commercial benefit from tt 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. 	 has not been transmitted by the owner to other entities {lncludJng 

the receiving Pany), except on the basis that lt be held in 

confidence; 

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

source without restriction on its further dissemination; and 

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

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

other than "propnetary Information." that has been transmitted and 

receiVed in confidence under this Arrangement and Is protected from 

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

the Party providing the information. 

C. 	 Marking Procedures for Documentary Proprietary Information 

A Pany receiving documentary proprietary lnformation pursuant to this 

Arran.gement 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~""' 0/~20 17, 

between the United States Nuclear Regulatory Commission and 

the Instill.It de Radloprotection et de Surete Nucleafre of France 

and shall not be disseminated outside these organizations, their 

consultants, contractors, and licensees, orconcerned 

departments and agencies of the Government of the United States 

of America and the Government of France without the prior written 

approval of (name of transmitting Party). Tllis riotice 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 dfsclosed by the ownerwithout 

res!riction.' 

This restrictive legend shall be respected by the Pan1es to thisArrangement. 

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 or the transmitting Party. 

Proprietary Information bearing this restrictive legend shall not be used by1he 

receiVing Party or its contractors and consultants forany commercial purposes 

without the prior written consent of the transmitting Pany, 
6 


D 	 Dissemination of Documentary Proprietary Information 

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

be disseminated by 1he receiving Party wlthout prior consent to persons 

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

departments and Government agencies in the country of1he 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 111.C. ofthis Arrangement. 

2, Proprietary information received under this Arrangement may be 

disseminated by the recelving Party without prior consent to contractors 

and consultants of the receiving Party located within the geographical 

limits ofthat 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 1he 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 who have executed a non-disclosure 

agreement; and 

c. 	 !hat such proprietary information shall bear the restrictive legend 

appearing In Section 111.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 1nformat1on more wldely 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 Seotlon 

111 .D.3. of1his 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 

or radiation sources, have executed a non-disclosure agreement: 

b. that the entities receiving proprietary information under Secllon 

11 1.D.3. of this Arrangement, including domestic organizations 

permitted or licensed by the receiving Party to construct or operate 

nuclear production or utilization facilities. shall not use such 

proprietary information for .any private commercial purposes: and 
7 


c. that those entities receiving proprietary information Under Section 

111 .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. 

Marking Procedures for other Confidential or Privileged Information of a 

Documentarv Nature 

A Party receiving under this Arrangement other confidential or prlvileged 

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 conditfon that it be 

maintained In con"dence. 

F. 	 DlsSemination 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 111.D. of this Arrangement, "Dissemination of 

Documentary Proprietary Information." 

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

Non-documentary proprietary or other confidential or privileged information 

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

information arising from the assignment of staff. use of facilities, orjoint 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 tile recipient on notice as to the character ofthe information 

communicated. 

H. 	 Consultation 

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

reasonably be expected lo become. unable to meet the non-dissemination 

provisions of th1s Arrangement, it shall immediately Inform the other Party. The 

Parties shall thereafter consult lo define an appropriate course or action. 
8 


Nothin,g 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. 	 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 ls taken. No nuclear information related to prollferatlon-sensilive 

technologies shall be exchanged under this Arrangement. 

B. 	 Unless otherwise agreed, ali costs resulting from cooperation pursuant to this 

Arrangement shall be 1he responsibility of1he Party that incurs them. The ablllty 

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

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

policies applicable to the Parties. 

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 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 lime by written agreement of the Parties. 

E. 	 Either Party may terminate this Arrangement by providing the other Party written 

notice at least 180 days prior to its intended date of termination, 

FOR THE UNITED STATES NUCLEAR FOR THE INSTiTUT DE 

REGULATORY COMMISSION: RADIOPROTEcnoN ET DE SORETE 

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Date: 

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NUCLEAIRE OF FRANCE: 
Addendum A 

USNRC-IRSN Safety Research Exchange 

Areas in Which the USNRC ls Performing or Sponsoring Safety Research 

1. Digital lnstrumentatlon and Control 

2. Reactor and Electrical Equipment Qualification 

3. Environmental Transport 

4. Radfonucllde 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. Probabilist1o 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 Pressure 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 Neutronlc and Plant Thermal Hydraulics 

25. Medical Isotope Production 

26. Long-term Operational Management 

27. Plant and Systems Operations 

28. Severe Accident Code Development and Maintenance 

29. Source Term for Design Basis Accldent and Severe Accident 

30. Crlticarity Safety Analysis 

31 . Spent Nuclear Fuel Management 

32. Reactor Analysis 

33. Radiation Transport and Shielding 

34. Sodium-cooled Fast Reactor Safety 
Addendum B 

USNRC- IRSN Safety Research Exchange 

Areas in Which IRSN is Performing or Sponsoring Nuclear Safety Research 

1. 	 Operating Reactors- Lessons Learned from Reactor Operations 

2. 	 Thermal Hydraulic Transients and Simulators for Analysis 

3. 	 Fuel Degradation and Fission Products Release in Accident Conditions 

4. 	 Equipment Qualification 

5. 	 Seismic and External Hazards 

6. 	 Probabilistic Risk Assessment 

7. 	 Accident Management and Mitigation 

8. 	 Safety of Nuclear Waste Repository 

9. 	 Radiation Protection and Health Effects 

10. 	 Containment Safety 

11 . 	 Aging of Reactor Components and Structures 

12. 	 Reactor Vessel and Piping Integrity 

13. 	 Crltlcality 

14. 	 Nuclear Fuel Behavior under Reactivlty Insertion Accident, Loss of Coolant Accident and 

Storage Pool Accident conditions. 

15. 	 Fire Propaga.tion, Contamination Products Release and Protection 

16. Safety and Severe Accident Analysis for Research Reactors and Operating Reactors 

17, Knowledge Management 

18. 	 Containment Sump and Recirculatlon 

19. 	 Economic Consequences of Accidents 

20. 	 Fuel Cycle Facilities Operating Experience 

21 . 	 Human and Organizational Factors 

22. Safety Culture 

23, Advanced Reactor Assessment 

24. 	 Sodium-cooled Fast Reactor Safety 
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 spectfically agreed by lhe Parties or1hefrdesignees. 

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

in Article 2 of the Convention Establfshing 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 jts 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 participants, which shall be determined by that Party's laws and 

practices. 

D. Except as otllerwise provided In this Arrangement. disputes concerning intellectual property 

arising under this Arrangement shall be resolved through discussions between the concerned 

participating fnstltutlons, or, ifnecessary, the Parties or their deslgnees. Upon mutual 

agreement of the Parties, a dispute shall be submitted to an arbltral tlibunal for bfnding 

arbitration in accordance with the applicable rules of international law. Unless the Parties or 

their designees agree otherwise tn writing, the arbttratfon rules of the 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 worldwide, non-exclusive, irrevocable, royalty-free license to 

translate. reproduce, and publicly distribute monographs, 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 Arrangement shall indicate the 

names of the authors of the work unless an author explldtly declines to be named. 

B. Rights to all forms of intellectual property. other than those rights described in paragraph Ill.A 

above, shall be allocated as follows: 

(1) Prior to participation in cooperative activities under this Arrangement by a vi.siting 

researcher, the host Party or its designee and the Party or its deslgnee employing or 

sponsoring the visiting researcher shall discuss and determine the allocation of rights to 

any intellectual property created by the visiting researcher. Absent such a determination, 

visiting researchers shall receive rights. awards. bonuses and royalties in accordance 
with the policies of the host instrtullon. However, IRSN Is ttie sole decision-maker 

concerning allocation of rights to its own staff. For purposes of this Arrangement. a 

visiting researcher is a researcher visftlng an lnstttution of the otherParty (host 

institution) and engaged in work planned solely by the host institution. 

(2) (a) Any 1n1ellectual property created by persons employed or sponsored by one Party 

under cooperative activities olher than those covered by Paragraph 111.B.(1) shall be 

owned by tha1 Party. Intellectual property created by persons employed or sponsored by 

both Parties shall bejointly owned by the Parties. In addi1ion, each creator shall be 

entlUed to awards, bonuses and royalties in accordance with the policies of the Institution 

employing or sponsoring that creator. 

(b) Unless otherwise agreed In an implementing or other arrangement, each Party shall 

tiave within Its territory a right to exploit and allow others to exploit intellectual property 

created in the course of the cooperative activities. 

(c) The rights ofa Party outside Its territory shall be determined by mutual agreement 

considering, for example, the relative contributions of the Parties and their participants to 

ll'le cooperative activities. the degree of commitment in obtaining legal protection and 

l[censing of the intellectual property and such other factors deemed appropriate. 

(d) Notwithstanding paragraphs llLB.(2)(a) and (b) above, if either Party believes that a 

particular project 1s likely lo lead to or has led to the creation of intellectual property not 

protected by the laws of the other Party, the Parties shall Immediately hold discussions 

to determine the allocation of rights to the Intellectual property. If an agreement cannot 

be reached wtthin three months of the date of the Initiation of the discussions, 

cooperation on the project in question shall be terminated al the request ofeither Party. 

Creators of intellectual property shall nonetheless be entitled to awards. bonuses and 

royalties as provided in paragraph lll.B.(2)(a). 

(e) For each Invention made under any cooperathle activity, the Party employing or 

sponsoring the fnventor(s) shall dl'sclose the Invention promptly to theother Party 

together with any documentation and Information necessary to enable the other Party to 

establlsh any rights 10 which it may be entitled. Either Party may ask the other Party in 

writing to delay publication or public disclosure of such documentation orinformation 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 "business-confidential" if a pers-on having the information may derive an economic 

benefit from it or may obtain a competitlve advantage over those who do not have it, and the 

information is not generally known or publicly avanable 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.