TREATIES AND OTHER INTERNATIONAL ACTS SERIES 15-914

________________________________________________________________________

ATOMIC ENERGY

Cooperation 

Arrangement Between the 

UNITED STATES OF AMERICA

and JAPAN

Signed at Tokyo and Vienna 

September 10 and September 14, 2015 

with

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.”
 JAPAN

 Atomic Energy: Cooperation

 Arrangement signed at Tokyo and Vienna 

 September 10 and September 14, 2015;

 Entered into force September 14, 2015.

 With annex.
IMPLEMENTING ARRANGEMENT 

BETWEEN 

THE UNITED STATES 

NUCLEAR REGULATORY COMMISSION 

AND 

THE NUCLEAR REGULATION AUTHORITY OF 

JAPAN 

FOR THE EXCHANGE 

OF TECHNICAL INFORMATION 

AND 

COOPERATION IN NUCLEAR REGULA TORY 

MATTERS 
IMPLEMENTING ARRANGEMENT 

BETWEEN 

THE UNITED STATES NUCLEAR REGULATORY COMMISSION 

AND 

THE NUCLEAR REGULATION AUTHORITY OF JAPAN 

FOR THE EXCHANGE OF TECHNICAL INFORMATION 

AND 

COOPERATION IN NUCLAR REGULATORY MATTERS 

The United States Nuclear Regulatory Commission (hereinafter referred to as "the 

USNRC"), and the Nuclear Regulation Authority of Japan (hereinafter referred to as "the 

NRA"}, (hereinafter jointly referred to as "the Parties"); 

Recognizing the "Agreement for Cooperation between the Government of the United 

States of America and the Government of Japan Concerning Peaceful Uses of Nuclear 

Energy," signed on November 4, 1987, (hereinafter referred to as "the Agreement") and the 

arrangement between the Government of the United States of America and the Goverment of 

Japan concerning cooperation in the field of nuclear energy-related research and 

development, effected by the Exchange of Notes of March 9, 2012; 

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

regulatory matters and of required or recommended standards for the regulation of safety 

and environmental impact of nuclear facilities; 

Having cooperated under the terms of a five-year Implementing Arrangement 

between the USNRC and the Nuclear and Industrial Safety Agency of the Ministry of 

Economy, Trade, and Industry of Japan for the Cooperation in the field of Nuclear Regulatory 

Matters, signed at Vienna on September 22, 2010, as amended on December 14, 2012. 

Have agreed as follows: 
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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 continue the 

exchange of the following types of unclassified technical information relating to 

the regulation of safety, physical protection, waste management, radiological 

safety, and environmental impact of designated nuclear energy facilities and to 

nuclear safety research programs: 

1. Topical reports concerning safety, physical protection, waste 

management, radiological safety, and environmental effects reviewed or 

approved by one of the Parties as a basis for, or in support of, regulatory 

decisions and policies. 

2. Documents relating to significant licensing actions concerning safety, 

physical protection, waste management, radiological 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 NRA as similar to 

certain facilities being built or planned in Japan and equivalent documents 

on such facilities in Japan. 

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

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

available to it. Cooperation in certain research areas may require a 

separate arrangement, as determined to be necessary by the Parties. 

Each Party shall immediately transmit the 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 nuclear incidents, accidents 

and shutdowns, and compilations of historical reliability data on 

components and systems. 

6. Regulatory procedures for the safety, 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. 
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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 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 arrangement, if 

determined to be necessary by the Parties. When not the subject of a separate 

arrangement, the terms of cooperation may be established by an exchange of 

letters between 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 arrangement between the Parties. 

C. Exchange of Experts 

The exchange of experts and cooperation between the Parties may be 

enhanced, insofar as it is permitted under the laws, regulations, or policy 

directives of their respective countries, by mutual consent of the Parties with a 

view to facilitating the exchange of information under this Arrangement. 

The Parties may exchange information on staff training and will try to assist 

each other by providing certain training and experience for nuclear regulators 

and/or nuclear safety personnel, within the limits of available resources and 

subject to the availability of appropriated funds. Unless otherwise mutually 

determined by the Parties, costs of salary, allowances, and travel of participant 

will be paid by the Party that incurs them. 

D. Designees 

Subject to the approval of the other Party, each Party may designate nongovernmental institutes or organization (hereinafter referred to as "the 

designees") which assist in the implementation of cooperation under this 

Arrangement, provided that each Party ensures by contract with its own 

designees or otherwise that its own designees are under its control with respect 

to the implementation of cooperation under this Arrangement. 

II. ADMINISTRATION 

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

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

mutually determined by the Parties in advance on a case-by-case basis. 

Periodic meetings shall be held at such times as mutually determined by the 

Parties 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 mutually determined by the Parties in 

advance. Visits which take place under this Arrangement, including their 
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schedules, shall have the prior approval of the administrators referred to in 

paragraph II.B of this Arrangement. 

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 mutually determined by the Parties. Within the terms 

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

scope of the exchange, including mutual decision 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 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 Parties to this Arrangement, but is available from other 

governmental institutions of Japan or the United States of America, each Party 

shall assist the other to the maximum extent possible by organizing visits and 

directing inquiries concerning such information to appropriate governmental 

institutions concerned. The foregoing shall not constitute a commitment of the 

other Party 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 information, 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, nuclear safety, physical protection, waste management, 

radiological safety, environmental effects, scientific, or technical data, 

including information on results or methods of assessment, research, 
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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 been 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. 

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 14, 2015, between the United States Nuclear 

Regulatory Commission and the Nuclear Regulation Authority of Japan 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 Japan, 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 
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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 

departments 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. 

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 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 this 

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 executed a 

non-disclosure agreement; 

b. that the entities receiving proprietary information under this 

Section III.D.3. of this Arrangement, including domestic 

organizations permitted or licensed by the receiving Party to 

construct .or operate nuclear production or utilization facilities, 
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shall not use such proprietary information for any private 

commercial purposes; and 

c. that those entities receiving proprietary information under this 

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 I II.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 under 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. 

I. Other 

Nothing contained in this Arrangement shall preclude a Party from using or 
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disseminating information received without restriction by a Party from sources 

outside of this Arrangement. 

IV. FINAL PROVISIONS 

A. Nothing contained in this Arrangement including the Intellectual Property Rights 

Annex 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 shall 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. 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 consent of the Parties. 

D. This Arrangement shall enter into force upon signature and, subject to 

paragraph F 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. 

E. The Arrangement may be amended at any time by written agreement of both of 

the Parties, provided the amendments are not contrary to the Agreement, the 

Exchange of Notes, and the law and regulations of the respective countries. 

The amending instrument shall specify the date upon which the amendment 

shall become effective. 

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

notice at least one hundred eighty ( 180) days prior to its intended date of 

termination. 

DONE, in duplicate, in the English language. 

FOR THE NUCLEAR REGULATION 

AUTHORITY OF JAPAN 

c3, 7~~ Shunichi Tanaka, Chairman 

Date: ~. I tJ / C2 0 It 

Place: Tokyo, Japan 
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 (viii) 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 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 II I.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 

III.(B)(1 ), above, 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 a right 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 either Party believes 

that a particular project is likely to 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 Arrangement cannot be reached within three (3) 

months of the date of the initiation of the discussions, cooperation on the project 

in question shall be terminated at the request of either Party. Creators of 

intellectual property shall nonetheless be entitled to awards, bonuses, and 

royalties as provided in paragraph III.B(2)(a) of this Arrangement. 

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

or sponsoring the inventor(s) shall disclose the invention 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 (6) 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 

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.