TREATIES AND OTHER INTERNATIONAL ACTS SERIES 10-922.1

________________________________________________________________________

NUCLEAR SAFETY 

Arrangement Between the 

UNITED STATES OF AMERICA

and POLAND

Signed at Vienna September 22, 2010

with

Addendum
 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.”
POLAND

Nuclear Safety

 Arrangement signed at Vienna September 22, 2010;

 Entered into force September 22, 2010.

 With addendum.
ARRANGEMENT 

BETWEEN 

THE PRESIDENT OF THE NATIONAL ATOMIC ENERGY AGENCY OF 

THE REPUBLIC OF POLAND 

AND 

THE NUCLEAR REGULATORY COMMISSION OF 

THE UNITED STATES OF AMERICA 

FOR THE EXCHANGE OF TECHNICAL INFORMATION 

AND COOPERATION IN NUCLEAR SAFETY MATTERS 

The Nuclear Regulatory Commission of the United States of America (hereinafter 

called the USNRC) and the President of the National Atomic Energy Agency of the 

Republic of Poland (hereinafter called the President of the PAA); together, hereinafter 

called the Parties; 

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

matters and of standards required or recommended by the Parties for the regulation of 

safety and environmental impact of nuclear facilities; 

Acknowledging the Agreement between the Government of the Republic of 

Poland and the Government of the United States of America for Scientific and 

Technology Cooperation, which was signed on February 10, 2006; and the 1995 

EURATOM-U.S. Agreement for the Peaceful Uses of Nuclear Energy to which Poland is 

a party; 

Having indicated a desire to cooperate under the terms of a five-year 

Arrangement for the Exchange of Technical Information and Cooperation in Nuclear 

Safety Matters; 

Have agreed as follows: 
CHAPTER I 

SCOPE OF THE ARRANGEMENT 

Article 1 

Technical Information Exchange 

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

policy directives of their respective countries, the Parties will exchange the followin

types of technical information relating to the regulation of safety, radioactive waste an

spent fuel management. and environmental impact of designated nuclear facilities and 

nuclear safety research programs. 

1. Topical reports concerning technical safety, radioactive waste and spe

fuel management, and environmental effects written by or for one of t

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 descriptive documents on the USNRC process for licensing a

regulating certain US facilities designated by the President of the PAA 

similar to certain facilities being built or planned in Poland and equivale

documents on such Polish facilities. 

4. Documents relating to analysis performed by USNRC during Standa

Design Certification procedure for reactor designs designated by t

President of the PAA as similar to certain facilities planned in Poland. 

5. Documents relating to safety culture enhancement programm

implemented by one of the Parties. 

6. Reports on operating experience, such as reports on nuclear inciden

accidents, and shutdowns, and compilations of historical reliability data 

components and systems. · 

7. Regulatory procedures for the safety, waste management, a

environmental impact evaluation of nuclear facilities. 

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

government-directed reactor shutdowns, that are of immediate interest 

the Parties. 

9. Copies of regulatory standards required to be used, or proposed for us

by the regulatory organizations of the Parties. 

10. Information in the field of nuclear safety research which the Parties have 

the right to disclose, either in the possession of one of the Parties or 
available to it. Cooperation in research areas may require a separate 

agreement, if determined to be necessary by the research organizations 

of one or both of the Parties. Each Party will transmit immediately to the 

other information concerning safety research results that requires early 

attention in the interest of public safety, along with an indication of 

significant implications. 

11. Internal procedures used by the Parties for knowledge management 

programmes. 

Article 2 

Cooperation in Safety Research 

The execution of joint programs and projects, 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, will be agreed upon on a case-bycase basis and may be the subject of a separate agreement, as determined to be 

necessary by one or both of the Parties. Other cooperation will be accomplished by an 

exchange of letters between the Parties, subject at least to the terms and conditions of 

the present agreement. Technical areas specified by such exchanges of letters may be 

subsequently modified by mutual consent. 

Article 3 

Training and Assignments 

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

funds, the USNRC will assist the President of the PAA by providing certain training and 

experience for PAA safety personnel. Unless otherwise agreed, costs of salary, 

allowances, and travel of the PAA participants will be paid by the President of the PAA. 

The following are typical, but not necessarily restricted to, the kinds of training and 

experience that may be provided: 

1. PAA inspector accompaniment of USNRC inspectors on reactor operation 

and (if available) reactor construction inspections in the U.S., including 

extended briefings at USNRC regional inspection offices. 

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

3. Assignment of PAA employees for 6-24 month periods within the USNRC 

staff to work on PAA staff duties and gain on-the-job experience. 

4. Exchange of information and documents relating to education, training 

and on-the-job training of the future regulatory inspectors. 

5. Possible training assignments within the radiation control programs of 

interested USNRC Agreement States. 
CHAPTER II 

ADMINISTRATION 

Article 4 

The exchange of information under this Arrangement will be accomplished through 

letters, reports, and other documents, and by visits and meetings arranged in advance. 

A meeting will be held annually, or at such other times as mutually agreed, to review the 

exchange of information, to recommend revisions to the provisions of the Arrangement, 

and to discuss topics within the scope of the exchange. The time, place, and agenda for 

such meetings will be agreed upon in advance. Visits which take place under this 

Arrangement, induding their schedules, will have the prior approval of the administrators 

referred to in paragraph II.B. 

Article 5 

An administrator will be designated by each Party to coordinate its participation in the 

overall exchange. The administrators will 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 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 will assure that both administrators receive copies 

of all transmittals. These detailed arrangements are intended to assure, among other 

things, that a reasonably balanced exchange providing access to equivalent available 

information from both sides is achieved and maintained. 

Article 6 

The administrators will determine the number of copies to be provided of the documents 

exchanged. Each document will be accompanied by an abstract in English, 250 words or 

less, describing its scope and content. 

Article 7 

The application or use of any information exchanged or transferred between the Parties 

under this Arrangement will 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. 

Article 8 

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

available within the agencies which are Parties to this Arrangement, but is available from 
other agencies of the governments of the Parties, each Party will 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 will not 

constitute a commitment of other agencies to furnish such information or to receive such 

visitors. 

CHAPTER Ill 

EXCHANGE AND USE OF INFORMATION 

Article 9 

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 

sensitive or privileged information, and subject to the provisions of the Intellectual 

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

Article 10 

Definitions 

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

Safeguards, waste management, scientific, or technical data, including information on 

results or methods of confirmatory assessment, research. and any other knowledge 

provided, created or exchanged under this Arrangement. 

2. The term "proprietary information" means information created or exchanged under 

this Arrangement which contains trade secrets or other privileged or sensitive 

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 which: 

(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 sensitive or privileged information" means non-classified information, 

other than "proprietary information: which 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. 

Article 11 
Marking Procedures for Documentary Proprietary Information 

A Party receiving documentary proprietary information pursuant to this Arrangement will 

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 , 

between the President of the National Atomic Energy Agency of 

the Republic of Poland and the United States Nuclear Regulatory 

Commission and will not be disseminated outside these 

organizations, their consultants, contractors, and licensees, or 

concerned departments and agencies of the Government of 

Poland and the Government of the United States, without the prior 

written approval of (name of transmitting Party). This notice will 

be marked on each page of any reproduction hereof, in whole or 

in part. These limitations will automatically terminate when the 

proprietary information is disclosed by the owner without 

restriction." 

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

information bearing this restrictive legend will 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 will 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. 

Article 12 

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 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 will bear the restrictive legend appearing in 

Article 11 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 territory, 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 will not be 

used by such contractors and consultants for any other private commercial 

purposes; and 

(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 will bear the restrictive legend appearing 

in Article 11 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 may grant such approval to the extent 

permitted by their respective national laws, regulations and policies, 

provided: 

(a) that the entities receiving proprietary information under Article 11 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 nondisclosure agreement; and 

(b) that the entities receiving proprietary information under Article 11 of this 

Arrangement, including domestic organizations permitted or licensed by the 

receiving Party to construct or operate nuclear production or utilization 

facilities, will not use such proprietary information for any private 

commercial purposes; and 

(c) that those entities receiving proprietary information under Article 11 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. 

Article 13 

Marking Procedures for Other Sensitive or Privileged Information of a 

Documentary Nature 

A Party receiving under this Arrangement other sensitive or privileged information will 

respect its sensitive nature, provided such information is clearly marked so as to indicate 

its sensitive 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. 

Article 14 

Dissemination of Other Sensitive or Privileged Information of a Documentary 

Nature 

Other sensitive or privileged information may be disseminated in the same manner as 

that set forth in Article 12. 

Article 15 

Non-Documentary Proprietary or Other Sensitive or Privileged Information 

Non-documentary proprietary or other sensitive 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, will 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 

sensitive or privileged information has placed the recipient on notice as to the character 

of the information communicated. 

Article 16 

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 will immediately inform the other Party. The Parties will thereafter 

consult to define an appropriate course of action. 

Article 17 

Dispute Resolution 

Any dispute or questions between the Parties concerning the interpretation or application 

of this Arrangement will be settled by Parties through negotiations and consultations. 

Article 18 

Other 

Nothing contained in this Arrangement will preclude a Party from using or disseminating 

information received without restriction by a Party from sources outside of this 

Arrangement. 

CHAPTER IV 
FINAL PROVISIONS 

Article 19 

This Arrangement will come into effect upon signature and, subject to paragraph IV.B., 

will remain in effect for a period of five years. It may be extended for a further period of 

time by written agreement of the Parties. 

Article 20 

Nothing contained in this Arrangement will require either Party to take any action which 

would be inconsistent with its national 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 

information related to proliferation-sensitive technologies will be exchanged under this 

Arrangement. 

Article 21 

Unless otherwise agreed in writing, all costs resulting from cooperation pursuant to this 

Arrangement will be the responsibility of the Party that incurs them. The Parties' actions 

under this Arrangement are subject to the availability of appropriated funds and to the 

laws and regulations of such Party. 

Article 22 

Either Party may terminate this Arrangement by providing the other Party written notice 

at least 180 days prior to its intended date of termination. 

Article 23 

All information protected by provisions of this Arrangement as proprietary or other 

sensitive or privileged information will remain so protected for the duration of this 

Arrangement and indefinitely after this Arrangement has expired or been terminated, 

unless otherwise agreed by the Parties in writing. 
DONE at Vienna, Austria on this 22nd day of September 2010, in the English and Polish 

languages. both being equally authentic. 

FOR THE UNITED STATES 

NUCLEAR REGULA TORY 

COMMISSION: 

FOR THE NATIONAL ATOMIC ENERGY 

AGENCY OF THE REPUBLIC OF 

POLAND: 

)&{ tct?A- til, L/ffU COIPt.v! 

Michael Walig6rski, President 
INTELLECTUAL PROPERTY ADDENDUM 

Pursuant to Chapter Ill of this Arrangement: 

The Parties will ensure adequate and effective protection of intellectual property created 

or furnished under this Arrangement and relevant implementing arrangements. The 

Parties agree to notify one another in a timely fashion of any inventions or copyrighted 

works arising under this Arrangement and to seek protection for such intellectual 

property in a timely fashion. Rights to such intellectual property will be allocated as 

provided in this Addendum. 

I. SCOPE 

1. This Addendum is applicable to all cooperative activities undertaken pursuant to 

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

designees. 

2. For purposes of this Arrangement, "intellectual property" will 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. 

3. This Addendum addresses the allocation of rights, interests, and royalties between 

the Parties. Each Party will ensure that the other Party can obtain rights to intellectual 

property allocated in accordance with this Addendum by obtaining those rights from its 

own participants through contracts or other legal means, if necessary. This Addendum 

does not otherwise alter or prejudice the allocation between a Party and its nationals, 

which will be determined by that Party's laws and practices. 

4. Disputes concerning intellectual property arising under this Arrangement should 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 will 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 the United Nations Commission on 

International Trade Law (UNCITRAL) will govern. 

5. Termination or expiration of this Arrangement will not affect rights or obligations 

under this Addendum. 

II. ALLOCATION OF RIGHTS 

1. Each Party will be entitled to a non-exclusive, irrevocable, royalty-free license in all 

countries to translate, reproduce, and publicly distribute scientific and technical joumal 

articles, reports, and books directly arising from cooperation under this Arrangement. All 
publicly distributed copies of copyrighted work prepared under this provision will indicate the 

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

2. Rights to all forms of intellectual property, other than those rights described in 

Section 11.1., above, will be allocated as follows: 

~· Visiting researchers, for example, scientists visiting primarily in furtherance of their 

education will receive intellectual property rights under the policies of the host 

institution. In addition, each visiting researcher named as an inventor will be entitled 

to share in a portion of any royalties earned by the host institution from the licensing 

of such intellectual property. 

b. (1) For intellectual property created during joint research, for example, when the 

Parties, participating institutions, or participating personnel have agreed in advance 

on the scope of work, each Party will be entitled to obtain all rights and interests in its 

own country. Rights and interests in third countries will be determined in 

implementing arrangements. If research is not designated as •joint research," rights 

to intellectual property arising from the research will be allocated in accordance with 

paragraph 11.2.a, above. In addition, each person named as an inventor will be 

entiUed to share in a portion of any royalties earned by either institution from the 

licensing of the property. 

(2) Notwithstanding paragraph 11.2.b. (1), above, if a type of intellectual property is 

available under the laws of one Party but not of the other Party, the Party whose 

laws provide for this type of protection will be entitled to all rights and interests 

worldwide. Persons named as inventors of the property will nonetheless be entitled 

to royalties as provided in paragraph 11.2.b. (1 ), above. 

Ill. BUSINESS CONFIDENTIAL 

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 will 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, 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.