TREATIES AND OTHER INTERNATIONAL ACTS SERIES 20-1122 

________________________________________________________________________ 

NUCLEAR ENERGY 

Safety 

Arrangement Between the 

UNITED STATES OF AMERICA 

and the UNITED ARAB EMIRATES 

Signed at Rockville and Abu Dhabi September 9 and 

November 22, 2020 

Entered into force November 22, 2020 
 

 

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.”
ARRANGEMENT 

BETWEEN 

THE FEDERAL AUTHORITY FOR NUCLEAR 

REGULATION 

OF THE UNITED ARAB EMIRATES 

AND 

THE UNITED STATES 

NUCLEAR REGULATORY COMMISSION 

FOR THE EXCHANGE OF TECHNICAL INFORMATION 

AND 

COOPERATION IN NUCLEAR SAFETY MATTERS 

November 2020 
ARRANGEMENT 

BETWEEN 

THE FEDERAL AUTHORITY FOR NUCLEAR REGULATION 

OF THE UNITED ARAB EMIRATES 

AND 

THE UNITED STATES NUCLEAR REGULATORY COMMISSION 

FOR THE EXCHANGE OF TECHNICAL INFORMATION 

AND 

COOPERATION IN NUCLEAR SAFETY MATTERS 

The Federal Authority for Nuclear Regulation of the United Arab Emirates and the United 

States Nuclear Regulatory Commission, the two together hereinafter referred to as the Parties; 

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

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

safety, security, the implementation of safeguards, and the environmental impact of nuclear 

facilities; 

Having similarly cooperated under the terms of prior arrangements for the exchange of 

technical information and cooperation in nuclear safety matters, most recently the Arrangement 

signed on September 15, 2015; 

Have agreed as follows: 

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I. SCOPE OF THE ARRANGEMENT 

A. Unclassified Technical Information Exchange 

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

and policies of their respective countries, they may cooperate and exchange 

unclassified technical information relating to: the regulation and oversight of 

safety and security for nuclear facilities and radioactive materials; the 

implementation of safeguards; the environmental impact of nuclear facilities and 

radioactive materials; and nuclear safety research programs. Examples of such 

information include: 

1. Topical reports written by or for one of the Parties as a basis for, or in support 

of, regulatory decisions and policies. 

2. Documents relating to significant licensing actions and safety and 

environmental decisions affecting nuclear facilities. 

3. Detailed documents describing a Party's process for licensing and regulating 

nuclear facilities and radioactive materials. · 

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. Each Party intends to make its best efforts to 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 for nuclear facilities and/or experience with 

radioactive materials, such as reports on nuclear incidents, accidents, 

shutdowns, and compilations of historical reliability data on components and 

systems. 

6. Regulatory and oversight procedures for safety and security for nuclear 

facilities and radioactive materials, implementation of safeguards (nuclear 

materials accountancy and control), and environmental impact evaluations for 

nuclear facilities. 

7. Early notification of important incidents and emerging technical issues that 

are of immediate intere·st 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 

activities are divided between the two Parties, including the use of test facilities 

and/or computer code sharing programs owned by either Party, may be 

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considered on a case-by-case basis and may be the subject of a separate 

agreement. 

C. Training and Assignments 

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

appropriated funds, the Parties may cooperate in providing certain training and 

experiential opportunities for each other's personnel. In addition, temporary 

assignments of personnel by one Party to the other Party may also be 

considered on a case-by-case basis and are expected to, in general, require a 

separate agreement between the Parties. Unless otherwise agreed, costs of 

salary, allowances, and travel of participants are expected to be paid by the Party 

that incurs them. 

II. ADMINISTRATION 

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

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

arranged in advance on a case-by-case basis. Periodic meetings may be held to 

review the exchange of information and cooperation under this Arrangement, and 

to discuss topics within the scope of the cooperation. The time, place, and 

agenda for such meetings are expected to be agreed upon in advance. 

B. An administrator is expected to be designated by each Party to coordinate its 

exchange activities under this Arrangement. The administrators are expected to 

be the recipients of all documents transmitted under the exchange, including 

copies of all letters, unless otherwise agreed or unless otherwise provided 

herein. The administrators are expected to be responsible for development and 

coordination of the scope of any exchange. One or more technical coordinators 

may be appointed as direct contacts for specific disciplinary areas. These 

technical coordinators are expected to ensure that both administrators receive 

copies of all transmittals. 

C. The application or use of any information exchanged between the Parties under 

this Arrangement is intended to 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. 

D. To the extent possible, each Party intends to assist the other in obtaining 

· information from other agencies within their respective governments. 

Ill. EXCHANGE AND USE OF INFORMATION 

A. General 

The Parties support the widest possible dissemination of information exchanged 

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

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

confidential and privileged information. However, consistent with these national 

laws, regulations, and policies, the Parties reserve the right to impose, on a caseby-case basis, additional restrictions on the gissemination of information beyond 

those identified in this Article. 

The treatment of intellectual property provided, created, or exchanged under this 

Arrangement is provided for in the Intellectual Property Rights Annex, which shall 

apply to all activities conducted under this Arrangement unless agreed otherwise 

by the Parties in writing. 

B. Definitions 

1. The term "information" means unclassified technical information relating to: 

the regulation and oversight of safety and security for nuclear facilities and 

radioactive materials; the implementation of safeguards; the environmental 

impact of nucl~ar facilities and radioactive materials; and nuclear safety 

research programs. It also includes scientific or research data, methods of 

assessment, or any other knowledge or information provided, created, or 

exchanged under this Arrangement. 

2. The term "proprietary information" means information that is provided, 

created, or exchanged under this Arrangement that contains trade secrets or 

other commercial information (such that the person possessing the 

proprietary. information may derive an unfair commercial advantage over 

those persons not possessing it). 

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

other than "proprietary information" that is protected from public disclosure 

under the laws, regulations, or policies of the country of the Party transmitting 

the information under this Arrangement. 

C. Documentary Proprietary Information 

1. A Party receiving documentary proprietary information shall respect the 

privileged nature of such information. 

2. Marking Procedures for Documentary Proprietary Information 

a. A Party transmitting documentary proprietary information under this 

Arrangement shall ensure that the proprietary information is clearly 

marked on each page of the document with the following restrictive 

legend: 

"Proprietary Information: Do not share without the written 

consent of (insert name of transmitting Party)" 

b. The receiving Party shall not make documentary proprietary information 

bearing this restrictive legend public or otherwise disseminate the 

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documentary proprietary information in any manner inconsistent with or 

contrary to the terms of this Arrangement without the prior written consent 

of the transmitting Party. 

c. The receiving Party shall ensure that this restrictive legend appears on 

any photocopy or other reproduction of documents containing 

documentary proprietary information made by the receiving Party. 

d. In the event that the transmitting Party shares documentary proprietary 

information without the required restrictive legend, the transmitting Party 

shall inform the receiving Party at the earliest possible opportunity and 

provide the receiving Party with properly marked documents bearing the 

restrictive legend. 

e. The receiving Party shall make its best efforts to gather and prevent the 

further dissemination of the improperly marked documents containing 

proprietary information and replace them with properly marked 

documents. 

f. In the event that the receiving Party shares documentary proprietary 

information in a manner that is inconsistent with or contrary to the terms 

of this Arrangement, the receiving Party shall promptly notify the 

transmitting Party. 

3. Dissemination of Documentary Proprietary Information 

a. The receiving Party may dissE!minate documentary proprietary 

information received under this Arrangement without the prior consent of 

the transmitting Party to employees of the receiving Party, and to other 

agencies and departments of the government of the receiving Party, 

provided that: 

i. A case-by-case determination documents that such employees and 

other government agencies and departments have a need-to-know for 

the information to perform their official duties; 

ii. The receiving Party ensures that such employees and other 

government agencies and departments shall not use the documentary 

proprietary information for any non-governmental or private 

commercial purpose; and 

iii. Such documentary proprietary information bears the restrictive legend 

set forth in Article 111.C.2.a of this Arrangement. 

b. The receiving Party may only disseminate documentary proprietary 

information more widely than otherwise permitted under the terms set 

forth in this Arrangement, including to contractors and consultants of the 

receiving Party, and to permittees or licensees of the receiving Party, with 

the prior written consent of the transmitting Party. The Parties shall 

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endeavor to grant such approval to the extent permitted by their 

respective national laws, regulations and policies, and provided that: 

i. A case-by-case determination documents that such recipients have a 

need-to-know for the documentary proprietary information to carry out 

work solely within the scope of their work assignment, contract, 

permit, or license with the receiving Party; 

ii. Such recipients have executed a non-disclosure agreement; 

iii. Such recipients shall not use such documentary proprietary 

information for any non-governmental or private commercial purpose; 

and 

iv. Such recipients agree to use the documentary proprietary information 

only for activities carried out under or within the terms of their specific 

work assignment, contract, permit or license. 

c. The Parties agree to consult and seek written clarification when questions 

arise as to the proper handling and dissemination of documentary 

proprietary information provided under this Arrangement. 

D. Other Confidential or Privileged Information of a Documentary Nature 

1. A Party receiving other confidential or privileged information of a 

documentary nature shall respect the confidential nature of such information. 

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

Documentary Nature 

a. A Party transmitting other confidential or privileged information under this 

Arrangement shall ensure that any document containing such information 

is appropriately and clearly marked on each page of the document with 

the restrictive legend applicable to the type of other confidential or 

privileged information being transmitted in accordance with the 

transmitting Party's national laws, regulations, and policies. 

b. The receiving Party shall ensure that the appropriate restrictive legend 

appears on any photocopy or other reproduction of documents containing 

other confidential or privileged information made by the receiving Party. 

c. The transmitting Party shall ensure that any other confidential or 

privileged information of a documentary nature transmitted under this 

Arrangement is accompanied by a statement that the information being 

transmitted is protected from public disclosure by the national laws, 

regulations, or policies of the government of the transmitting Party and is 

being provided under the condition that the receiving Party shall afford the 

information substantially the same degree of protection afforded the 

information by the government of the transmitting Party. 

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d. In the event that the transmitting Party shares other confidential or 

privileged information of a documentary nature without the appropriate 

required restrictive legend for the type of information being transmitted, 

the transmitting Party shall inform the receiving Party at the earliest 

possible opportunity and provide the receiving Party with properly marked 

documents bearing the restrictive legend. 

e. The receiving Party shall make its best efforts to gather and prevent the 

further dissemination of the improperly marked documents containing 

other confidential or privileged information and replace them with properly 

marked documents. 

f. In the event that the receiving Party shares other confidential or privileged 

information of a documentary nature in a manner that is inconsistent with 

or contrary to the terms of this Arrangement, the receiving Party shall 

promptly notify the transmitting Party. 

3. . Dissemination of Other Confidential or Privileged Information of a 

Documentary Nature 

a. The receiving Party may disseminate other confidential and privileged 

information of a documentary nature received under this Arrangement 

without the prior consent of the transmitting Party to employees of the 

receiving Party, and to other agencies and departments of the 

government of the receiving Party, provided that: 

i. A case-by-case determination documents that such employees 

and other government agencies and departments have a need-toknow for the information to perform their official duties; 

ii. The receiving Party shall ensure that such employees and other 

government agencies and departments shall not use the other 

confidential and privileged information contained in the documents 

for any non-governmental or private commercial purpose; and 

iii. Such documents containing the other confidential and privileged 

information bears the appropriate restrictive legend in accordance 

with the provisions of Article 111.D.2.a of this Arrangement. 

b. The receiving Party may only disseminate the documents containing the 

other confidential or privileged information more widely than otherwise 

permitted under the terms set forth in this Arrangement, including to 

contractors and consultants of the receiving Party, and to permittees or 

licensees of the receiving Party, with the prior written consent of the 

transmitting Party. The receiving Party agrees to abide by any 

restrictions on the dissemination of other confidential or privileged 

information of a documentary nature to third parties established by the 

transmitting Party. 

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c. The Parties agree to consult and seek written clarification when questions 

arise as to the proper handling ·and dissemination of other confidential or 

privileged information of a documentary nature shared under this 

Arrangement. 

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

Non-documentary proprietary or other confidential or privileged information 

provided, obtained, or transmitted under this Arrangement shall be treated by the 

Parties according to the principles specified for proprietary information in Article 

111.C. and as specified for other confidential or privileged information in Article 

111.D; of this Arrangement; provided, however, that the transmitting Party has 

placed the receiving Party on notice as to the character of the proprietary or other 

confidential or privileged information disseminated. 

F. 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 any obligations under Article 

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

shall thereafter consult to determine an appropriate course of action. 

G. Other 

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

disseminating information received without restriction 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 policies. 

Should any conflict arise between the terms of this Arrangement and those laws, 

regulations, or policies the Parties agree to consult before any action is taken. 

No nuclear information related to proliferation-sensitive technologies shall be 

exchanged under this Arrangement. 

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

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

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

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

policies applicable to the Parties. 

C. Any dispute or questions between the Parties concerning the interpretation or 

application of this Arrangement shall be settled by mutual agreement of the 

Parties. 

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D. This Arrangement shall enter into force on the date of last signature and, subject 

to paragraph F of this Article, shall remain in force for a period of 5 years. 

E. All information protected under this Arrangement, including but not limited to 

proprietary information and other confidential or privileged information, shall 

continue to be protected in accordance with the terms of this Arrangement after 

this Arrangement has expired or has been terminated, unless the Parties agree 

otherwise in writing. 

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

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

DONE in duplicate, in the English language. 

FOR THE FEDERAL AUTHORITY FOR FOR THE UNITED STATES NUCLEAR 

NUCLEAR REGULATION OF THE UNITED REGULA TORY COMMISSION: 

ARAB EMIRATES: 

.. 

Christer Viktorsson 

Director General/ 

PLACE: 

DATE: 

Abu 

CZ. z_ 

DHabi 

I) ~~~~: Rocetf!t! M}ai 

United Arab Emirates United States of America 

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INTELLECTUAL PROPERTY RIGHTS ANNEX 

I. General Obligation 

The Parties shall ensure adequate and effective protection of intellectual property created or 

furnished under this Arrangement and relevant implementing arrangements: Rights to such 

intellectual property shall be allocated as provided in this Annex. 

II. Scope 

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

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

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

in Article 2 of the Convention Establishing the World Intellectual Property Organization, done at 

Stockholm, July 14, 1967, and may include other subject matter as agreed by the Parties. 

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

necessary, that the other Party can obtain the rights to intellectual property allocated in 

accordance with this Annex. This Annex does not otherwise alter or prejudice the allocation 

between a Party and its participants, 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 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 copyrig~ted work prepared under this Arrangement 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 Ill.A 

above, shall be allocated as follows: 

(1) Prior to participation in cooperative activities under this Arrangement by a visiting 

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

sponsoring the visiting researcher may 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 institution. For purposes of this Arrangement, a visiting 

researcher is a researcher visiting an institution of the other Party (host institution) and 

engaged in work planned solely by 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 creator. 

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

have 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 of each Party outside its territory shall be determined by mutual agreement 

considering, for example, 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 agreement cannot 

be reached within three 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). 

(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 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. 

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