TREATIES AND OTHER INTERNATIONAL ACTS SERIES 13-725

________________________________________________________________________

NUCLEAR MATERIAL

Agreement Between the

UNITED STATES OF AMERICA

and the REPUBLIC OF KOREA

Effected by Exchange of Notes at 

Washington July 19 and 22, 2013
 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.”
 REPUBLIC OF KOREA

 Nuclear Material

 

Agreement effected by exchange of notes at 

 Washington July 19 and 22, 2013;

 Entered into force July 25, 2013.
The Department of State refers the Embassy of the Republic of Korea to

the collaboration between the Government of the United States of America

(United States) and the Government of the Republic of Korea (ROK)

considering the technical, economic, and nonproliferation aspects of spent fuel

management technologies in the course of the Joint Fuel Cycle Study

undertaken by our two governments beginning in April 2011 (such

collaboration being hereinafter referred to as the "Collaboration"). The

Department of State proposes the following agreement (the "Agreement") with

respect to the transfer of the technologies described in Section I (2) below

between the United States and the ROK in connection with the Collaboration:

I. For purposes of this Agreement, the following terms shall have the following

meanings:

1. "Parties" shall mean the Government of the United States of America and

the Government of the Republic of Korea.

2. "Technologies" (hereinafter referred to in whole or in part in this

Agreement as the "technologies") shall mean the following:

DIPLOMATIC NOTE
(a) Electrochemical recycling technology; and

(b) Any other technology that the Parties agree in writing to make subject

to the provisions of this Agreement in connection with the

Collaboration.

The term "technologies" does not include information that is in the public

domain. Technologies may be in tangible form (such as a model,

prototype, blueprint, operation manual, electronically stored data), or

intangible form (such as technical services), and shall include information

or data incorporated in equipment.

3. "Electrochemical recycling technology" shall mean all information on

research, development, and design of all process steps and major critical

components of electrochemical recycling (also known as pyroprocessing).

For purposes of this Agreement, electrochemical recycling technology

shall not include information on the pretreatment and oxide to metal

electro-reduction steps in which transuranics are not capable of being

separated.

4. "Transferred Technologies" shall mean any technologies (as defined in

Section I (2) above) transferred between the Parties in accordance with

Section IV of this Agreement in the course of the Collaboration at any

time after entry into force of this Agreement, and shall include both the

2
technologies as originally transferred and the technologies as modified or

melded with other technology either through joint collaboration between

the United States and the ROK or by either the United States or the

Republic of Korea without participation of the other. Transfers of and

cooperation on technologies subject to this Agreement may be undertaken

directly between the Parties or through their Executive Agents or through

authorized Persons, and may be accomplished through various means,

including reports, data banks, computer programs, meetings, visits, and

assignments of staff to facilities. Transfers of any technologies made in

accordance with Section IV of this Agreement by one Party to

individuals, wherever located, who are authorized by the other Party to

receive information in the course of the Collaboration shall be deemed to

be transfers to the authorizing country for purposes of this Agreement.

5. "Equipment" shall mean any installation, facility, system, device,

substance or any other item other than nuclear material (including an

especially designed component of any of the foregoing) that either Party

has determined to be capable of making use of special nuclear material or

of significance for nuclear explosive purposes.

6. "Nuclear material" shall mean (a) "source material," namely, uranium

containing the mixture of isotopes occurring in nature; uranium depleted

3
in the isotope 235; thorium; any of the foregoing in the form of metal,

alloy, chemical compound, or concentrate; any other substance containing

one or more of the foregoing in such concentration as may be agreed to

by the Parties; and (b) "special nuclear material," namely, plutonium,

uranium 233, uranium enriched in the isotope 233 or 235; any substance

containing one or more of the foregoing; and such other substance as may

be agreed to by the Parties.

7. "Produce," when used in relation to special nuclear material, shall mean

(a) to manufacture, make, produce, or refine special nuclear material; (b)

to separate special nuclear material from other substances in which such

material may be contained; or (c) to make or to produce new special

nuclear material.

8. "Executive Agents" shall mean the Department of Energy for the United

States and the Ministry of Science, ICT and Future Planning for the

Republic of Korea.

9. "Information in the public domain" shall mean information that has been

made available without restrictions on its further dissemination.

Copyright restrictions do not remove information from being in the public

domain.

4
10. "Person" shall mean any individual or any entity subject to the

jurisdiction of either Party but does not include the Parties to this

Agreement.

II. The Parties agree to the following requirements, provided that these

requirements shall not apply to a Party with respect to specific technologies

developed solely by that Party and transferred by it to the other Party.

1. Safeguards.

(a) International Atomic Energy Agency (IAEA) safeguards as required

by Article III (2) of the Treaty on the Non-Proliferation of Nuclear

Weapons done at Washington, London, and Moscow on July 1, 1968

(NPT) shall be applied to any nuclear material within the territory or

under the jurisdiction or control anywhere of the ROK used in or

produced by or through the use of Transferred Technologies,

including, but not limited to, nuclear material used in or produced by

or through the use of equipment produced or constructed by or

through the use of Transferred Technologies.

(b)IAEA safeguards shall be maintained with respect to all peaceful

nuclear activities in, under the jurisdiction of, or carried out under the

control anywhere of the ROK.

5
(c) Implementation of the Agreement between the Government of the

Republic of Korea and the International Atomic Energy Agency for

the application of safeguards in connection with the NPT, signed on

October 31, 1975, which entered into force on November 14, 1975,

and the Additional Protocol thereto, which entered into force on

February 19, 2004, shall be considered to fulfill the requirements in

paragraphs (a) and (b) of this Section II (1).

(d)Any nuclear material within the territory or under the jurisdiction or

control anywhere of the United States of America used in or produced

by or through the use of Transferred Technologies, including, but not

limited to, nuclear material used in or produced by or through the use

of equipment produced or constructed by or through the use of

Transferred Technologies, shall be subject to the agreement between

the United States of America and the IAEA for the application of

safeguards in the United States of America, signed on November 18,

1977, and entered into force on December 9, 1980, and the Additional

Protocol thereto, which entered into force on January 6, 2009.

(e) In the event that the IAEA safeguards agreement referred to in

paragraph (c) of this Section II (1) is not being applied, the ROK shall

enter into an agreement with the IAEA for the application of

6
safeguards which provides for effectiveness and coverage equivalent

to that provided by the safeguards agreement required by paragraph (c)

or, if that is not possible, the Parties shall immediately establish

safeguards arrangements for the application of safeguards which

provide for effectiveness and coverage equivalent to that provided by

the safeguards agreement required by paragraph (c).

(f) In the event that the IAEA safeguards agreement referred to in

paragraph (d) of this Section II (1) is not being applied, the United

States shall enter into an agreement with the IAEA for the application

of safeguards which provides for effectiveness and coverage

equivalent to that provided by the safeguards agreement required by

paragraph (d), or if that is not possible, the Parties shall immediately

establish safeguards arrangements for the application of safeguards

which provide for effectiveness and coverage equivalent to that

provided by the safeguards agreement required by paragraph (d).

2. Peaceful Use.

Transferred Technologies, any nuclear material or equipment produced or

constructed under the jurisdiction or control of either the United States or

the ROK by or through the use of Transferred Technologies, including,

but not limited to, nuclear material used in or produced through the use of

7
equipment produced or constructed by or through the use of Transferred

Technologies, shall not be used for any nuclear explosive device or for

research on or development of any nuclear explosive device or for any

other military purpose.

3. Physical Protection.

(a) All necessary measures shall be maintained to ensure adequate

protection of Transferred Technologies against loss, theft, or

unauthorized access.

(b) Adequate physical protection shall be maintained with respect to any

nuclear material and equipment produced or constructed by or through

the use of Transferred Technologies, including, but not limited to,

nuclear material used in or produced through the use of equipment

produced or constructed by or through the use of Transferred

Technologies. To fulfill this requirement, such physical protection

measures shall provide levels of protection at least equivalent to (i) the

recommendations published in the IAEA document

INFCIRC/225/Rev.4, "The Physical Protection of Nuclear Material

and Nuclear Facilities," and in any subsequent revision thereto

accepted by both Parties, and (ii) the provisions of the Convention on

the Physical Protection of Nuclear Material, adopted at Vienna

8
October 26, 1979, and any amendments to the Convention that enter

into force for both Parties.

4. Retransfer.

Transferred Technologies, and nuclear material and equipment produced

or constructed under the jurisdiction or control of the recipient Party by or

through the use of Transferred Technologies, including, but not limited

to, nuclear material used in or produced through the use of equipment

produced or constructed by or through the use of Transferred

Technologies, shall not be transferred to unauthorized Persons or beyond

the territory, jurisdiction or control of either the United States or the ROK

(except to each other) unless the Parties agree, and unless the proposed

recipient nation or nations provide assurances to the Parties that the

proposed retransfer of technologies shall be subject to conditions

equivalent to those set forth in Sections I-II, V, and X of this Agreement

with respect to the transfer of the technologies.

5. Reprocessing and Other Alteration in Form or Content.

(a) In light of the fact that this Agreement covers transfers of technologies

for research and development, Transferred Technologies, and any

equipment produced or constructed under the jurisdiction or control of

either Party by or through the use of Transferred Technologies, shall

9
be used solely for research and development purposes, and shall not be

used to reprocess or otherwise alter in form or content any irradiated

nuclear material within the territory or under the jurisdiction or control

of either Party, unless the Parties agree. The Parties note that

continuation of the research and development envisioned by the

Collaboration may at some time in the future involve alteration in

form or content of nuclear material. The Parties agree, therefore, to

review at an appropriate time the issue of consent to alteration in form

or content to support continued research and development in the

Collaboration, and recognize that granting any such consent will be

subject to compliance with any necessary domestic legal requirements

of the Party granting the consent.

(b)No nuclear material produced by or through the use of Transferred

Technologies, including, but not limited to, nuclear material used in or

produced through the use of equipment produced or constructed by or

through the use of Transferred Technologies, shall be reprocessed, and

no irradiated fuel elements containing such material removed from a

reactor shall be altered in form or content, except by irradiation or

further irradiation, unless the Parties agree.

1 0
(c) The requirements set forth in paragraphs (a) and (b) of this Section II

(5) for agreement of the Parties in order for the activities described

therein to take place shall be deemed satisfied with respect to a

particular facility if the Parties agree, in a separate agreement between

them, on reprocessing or alteration in form or content of nuclear

material in that facility.

III. By written notice to the other Party, each Party may add additional

Executive Agents or change its Executive Agent(s).

IV. Prior to transfer of any technologies intended to be subject to this

Agreement, the transferring Party, through its Executive Agent, shall notify the

other Party, through its Executive Agent, in writing of the proposed transfer,

together with a summary description of the specific technologies to be

transferred. Technologies proposed to be transferred from one Party to the

other in the course of the Collaboration shall not be subject to this Agreement

unless the recipient Party, through its Executive Agent, notifies the transferring

Party in writing, through its Executive Agent, prior to the transfer, that it

consents to receive the specific technologies and confirms that the Transferred

Technologies, upon receipt, shall be subject to the terms and conditions set forth

11
herein. Either Party shall have the right not to accept a proposed transfer of

technologies under this Agreement.

V. Each Party shall maintain an inventory of the technologies transferred to

the other Party pursuant to the Collaboration, and shall provide an annual report

to the other Party of the technologies transferred to the other Party pursuant to

the Collaboration. Each Party shall provide an annual report to the other Party

of all Transferred Technologies it holds pursuant to the Collaboration

(including, but not limited to, technologies modified or melded with other

technology by the recipient Party through the use of Transferred Technologies),

of all its nuclear material and equipment produced or constructed through the

use of Transferred Technologies, and of all its nuclear material used in or

produced through the use of equipment produced or constructed by or through

the use of Transferred Technologies. The Executive Agents may establish

arrangements for the notification of transfers, the annual reports and inventories.

VI. If any question arises concerning the interpretation or application of this

Agreement, the Parties shall, at the request of either of them, consult with each

other. Any dispute between the Parties regarding interpretation or

implementation of this Agreement shall be promptly negotiated by the Parties

12
with a view to resolving that dispute, and may be addressed through diplomatic

channels or any other peaceful means of settlement of disputes agreed to by the

Parties.

VII. The terms of this Agreement shall be implemented in good faith and in a

manner designed to avoid undue interference in the execution of the Joint Fuel

Cycle Study, and with due regard to the long-term requirements of the nuclear

energy programs in place in the United States and the Republic of Korea, in

order to promote the peaceful uses of nuclear energy.

VIII. Except as otherwise provided in Section II (5) (c) of this Agreement, the

provisions of this Agreement are in addition to and shall not supersede the

provisions of the Agreement for Cooperation Between the Government of the

Republic of Korea and the Government of the United States of America

Concerning Civil Uses of Atomic Energy, signed on November 24, 1972, as

amended on June 26, 1974, or any other agreement between the Parties

establishing conditions relating to the transfer of nuclear material or equipment

from the territory of one Party to the territory of the other Party, whether

directly or through a third country.

13
IX. This Agreement shall remain in force for a period of 20 years. This

term may be extended for such additional periods as may be agreed in writing

by the Parties. Either Party may terminate this Agreement before its expiration

date by notifying the other in writing through diplomatic channels of its

intention at least one (1) year prior to the intended date of such termination.

X. Notwithstanding the termination or expiration of this Agreement,

Sections I-II, V and X of this Agreement shall continue to apply so long as any

Transferred Technologies or nuclear material or equipment subject to those

Sections remains within the territory of the United States or the ROK,

whichever is concerned, or under its jurisdiction or control anywhere, or until

such time as the Parties agree:

1.with respect to such nuclear material or equipment, that it is no longer

usable for any nuclear activity relevant from the point of view of

safeguards, or

2. with respect to any of the Transferred Technologies, that such specific

Transferred Technologies shall no longer be subject to this Agreement.

Within 60 days of a request by either Party at any time during the term of this

Agreement or upon the expiration or termination of this Agreement or the

Collaboration, the Parties shall commence consultations, which the Parties shall

14

EMBASSY OF THE REPUBLIC OF KOREA

WASHINGTON, D. C.

KAM 13/424

The Embassy of the Republic of Korea presents its compliments to the

Department of State of the United States of America and has the honor to

acknowledge receipt of the Department's Note of July 19, 2013, referring to the

collaboration between the Government of the Republic of Korea (ROK) and the

Government of the United States of America (United States) considering the

technical, economic and the nonproliferation aspects of spent fuel management

technologies in the course of the Joint Fuel Cycle Study undertaken by our two

governments beginning in April 2011 (such collaboration being hereinafter referred

to as the "Collaboration"), and proposing an agreement with respect to the transfer

of certain technologies between the ROK and the United States in connection with

the Collaboration. The Department's Note reads as follows:

"The Department of State refers the Embassy of the Republic of Korea to the

collaboration between the Government of the United States of America (United

States) and the Government of the Republic of Korea (ROK) considering the

technical, economic, and nonproliferation aspects of spent fuel management

technologies in the course of the Joint Fuel Cycle Study undertaken by our two

governments beginning in April 2011 (such collaboration being hereinafter referred

to as the "Collaboration").The Department of State proposes the following

agreement (the "Agreement") with respect to the transfer of the technologies

described in Section I (2) below between the United States and the ROK in

connection with the Collaboration:

I. For purposes of this Agreement, the following terms shall have the

following meanings:

- 1 -
1. "Parties" shall mean the Government of the United States of America

and the Government of the Republic of Korea.

2. "Technologies" (hereinafter referred to in whole or in part in this

Agreement as the "technologies") shall mean the following:

(a) Electrochemical recycling technology; and

(b) Any other technology that the Parties agree in writing to make

subject to the provisions of this Agreement in connection with the

Collaboration.

The term "technologies" does not include information that is in the public

domain. Technologies may be in tangible form (such as a model, prototype,

blueprint, operation manual, electronically stored data), or intangible form (such as

technical services), and shall include information or data incorporated in

equipment.

3. "Electrochemical recycling technology" shall mean all information on

research, development, and design of all process steps and major critical

components of electrochemical recycling (also known as pyroprocessing). For

purposes of this Agreement, electrochemical recycling technology shall not include

information on the pretreatment and oxide to metal electro-reduction steps in

which transuranics are not capable of being separated.

4. "Transferred Technologies" shall mean any technologies (as defined

in Section I (2) above) transferred between the Parties in accordance with Section

IV of this Agreement in the course of the Collaboration at any time after entry

into force of this Agreement, and shall include both the technologies as originally

transferred and the technologies as modified or melded with other technology

either through joint collaboration between the United States and the ROK or by

either the United States or the Republic of Korea without participation of the

other. Transfers of and cooperation on technologies subject to this Agreement may

-2-
be undertaken directly between the Parties or through their Executive Agents or

through authorized Persons, and may be accomplished through various means,

including reports, data banks, computer programs, meetings, visits, and assignments

of staff to facilities. Transfers of any technologies made in accordance with

Section IV of this Agreement by one Party to individuals, wherever located, who

are authorized by the other Party to receive information in the course of the

Collaboration shall be deemed to be transfers to the authorizing country for

purposes of this Agreement.

5. "Equipment" shall mean any installation, facility, system, device,

substance or any other item other than nuclear material (including an especially

designed component of any of the foregoing) that either Party has determined to

be capable of making use of special nuclear material or of significance for nuclear

explosive purposes.

6. "Nuclear material" shall mean (a) "source material," namely, uranium

containing the mixture of isotopes occurring in nature; uranium depleted in the

isotope 235; thorium; any of the foregoing in the form of metal, alloy, chemical

compound, or concentrate; any other substance containing one or more of the

foregoing in such concentration as may be agreed to by the Parties; and (b)

"special nuclear material," namely, plutonium, uranium 233, uranium enriched in

the isotope 233 or 235; any substance containing one or more of the foregoing;

and such other substance as may be agreed to by the Parties.

7. "Produce," when used in relation to special nuclear material, shall mean

(a) to manufacture, make, produce, or refine special nuclear material; (b) to

separate special nuclear material from other substances in which such material may

be contained; or (c) to make or to produce new special nuclear material.

8. "Executive Agents" shall mean the Department of Energy for the United

States and the Ministry of Science, ICT and Future Planning for the Republic of

Korea.

3
9. "Information in the public domain" shall mean information that has

been made available without restrictions on its further dissemination. Copyright

restrictions do not remove information from being in the public domain.

10."Person" shall mean any individual or any entity subject to the

jurisdiction of either Party but does not include the Parties to this Agreement.

II. The Parties agree to the following requirements, provided that these

requirements shall not apply to a Party with respect to specific technologies

developed solely by that Party and transferred by it to the other Party.

1. Safeguards.

(a) International Atomic Energy Agency (IAEA) safeguards as required

by Article III (2) of the Treaty on the Non-Proliferation of Nuclear

Weapons done at Washington, London, and Moscow on July 1,

1968 (NPT) shall be applied to any nuclear material within the

territory or under the jurisdiction or control anywhere of the ROK

used in or produced by or through the use of Transferred

Technologies, including, but not limited to, nuclear material used in

or produced by or through the use of equipment produced or

constructed by or through the use of Transferred Technologies.

(b) IAEA safeguards shall be maintained with respect to all peaceful

nuclear activities in, under the jurisdiction of, or carried out under

the control anywhere of the ROK.

(c) Implementation of the Agreement between the Government of the

Republic of Korea and the International Atomic Energy Agency for

the application of safeguards in connection with the NPT, signed on

October 31, 1975, which entered into force on November 14, 1975,

and the Additional Protocol thereto, which entered into force on

February 19, 2004, shall be considered to fulfill the requirements in

paragraphs (a) and (b) of this Section II (1).

(d) Any nuclear material within the territory or under the jurisdiction or

-4-
control anywhere of the United States of America used in or

produced by or through the use of Transferred Technologies,

including, but not limited to, nuclear material used in or produced

by or through the use of equipment produced or constructed by or

through the use of Transferred Technologies, shall be subject to the

agreement between the United States of America and the IAEA for

the application of safeguards in the United States of America, signed

on November 18, 1977, and entered into force on December 9,

1980, and the Additional Protocol thereto, which entered into force

on January 6, 2009.

(e) In the event that the IAEA safeguards agreement referred to in

paragraph (c) of this Section II (1) is not being applied, the ROK

shall enter into an agreement with the IAEA for the application of

safeguards which provides for effectiveness and coverage equivalent

to that provided by the safeguards agreement required by paragraph

(c) or, if that is not possible, the Parties shall immediately establish

safeguards arrangements for the application of safeguards which

provide for effectiveness and coverage equivalent to that provided by

the safeguards agreement required by paragraph (c).

(0 In the event that the IAEA safeguards agreement referred to in

paragraph (d) of this Section II (1) is not being applied, the United

States shall enter into an agreement with the IAEA for the

application of safeguards which provides for effectiveness and

coverage equivalent to that provided by the safeguards agreement

required by paragraph (d), or if that is not possible, the Parties shall

immediately establish safeguards arrangements for the application of

safeguards which provide for effectiveness and coverage equivalent

to that provided by the safeguards agreement required by paragraph

(d).

2. Peaceful Use.
Transferred Technologies, any nuclear material or equipment produced or

constructed under the jurisdiction or control of either the United States or the

ROK by or through the use of Transferred Technologies, including, but not limited

to, nuclear material used in or produced through the use of equipment produced

or constructed by or through the use of Transferred Technologies, shall not be

used for any nuclear explosive device or for research on or development of any

nuclear explosive device or for any other military purpose.

3. Physical Protection.

(a) All necessary measures shall be maintained to ensure adequate

protection of Transferred Technologies against loss, theft, or

unauthorized access.

(b) Adequate physical protection shall be maintained with respect to any

nuclear material and equipment produced or constructed by or

through the use of Transferred Technologies, including, but not

limited to, nuclear material used in or produced through the use of

equipment produced or constructed by or through the use of

Transferred Technologies. To fulfill this requirement, such physical

protection measures shall provide levels of protection at least

equivalent to (i) the recommendations published in the IAEA

document INFCIRC/225/Rev.4, "The Physical Protection of Nuclear

Material and Nuclear Facilities," and in any subsequent revision

thereto accepted by both Parties, and (ii) the provisions of the

Convention on the Physical Protection of Nuclear Material, adopted

at Vienna October 26, 1979, and any amendments to the Convention

that enter into force for both Parties.

4. Retransfer.

Transferred Technologies, and nuclear material and equipment produced or

constructed under the jurisdiction or control of the recipient Party by or through

the use of Transferred Technologies, including, but not limited to, nuclear material

-6
used in or produced through the use of equipment produced or constructed by or

through the use of Transferred Technologies, shall not be transferred to

unauthorized Persons or beyond the territory, jurisdiction or control of either the

United States or the ROK (except to each other) unless the Parties agree, and

unless the proposed recipient nation or nations provide assurances to the Parties

that the proposed retransfer of technologies shall be subject to conditions

equivalent to those set forth in Sections I-II, V, and X of this Agreement with

respect to the transfer of the technologies.

5. Reprocessing and Other Alteration in Form or Content.

(a) In light of the fact that this Agreement covers transfers of

technologies for research and development, Transferred Technologies,

and any equipment produced or constructed under the jurisdiction or

control of either Party by or through the use of Transferred

Technologies, shall be used solely for research and development

purposes, and shall not be used to reprocess or otherwise alter in

form or content any irradiated nuclear material within the territory

or under the jurisdiction or control of either Party, unless the Parties

agree. The Parties note that continuation of the research and

development envisioned by the Collaboration may at some time in

the future involve alteration in form or content of nuclear material.

The Parties agree, therefore, to review at an appropriate time the

issue of consent to alteration in form or content to support

continued research and development in the Collaboration, and

recognize that granting any such consent will be subject to

compliance with any necessary domestic legal requirements of the

Party granting the consent.

(b) No nuclear material produced by or through the use of Transferred

Technologies, including, but not limited to, nuclear material used in

or produced through the use of equipment produced or constructed

by or through the use of Transferred Technologies, shall be

reprocessed, and no irradiated fuel elements containing such material

- 7 -
removed from a reactor shall be altered in form or content, except

by irradiation or further irradiation, unless the Parties agree.

(c) The requirements set forth in paragraphs (a) and (b) of this Section

II (5) for agreement of the Parties in order for the activities

described therein to take place shall be deemed satisfied with respect

to a particular facility if the Parties agree, in a separate agreement

between them, on reprocessing or alteration in form or content of

nuclear material in that facility.

III. By written notice to the other Party, each Party may add additional

Executive Agents or change its Executive Agent(s).

IV. Prior to transfer of any technologies intended to be subject to this

Agreement, the transferring Party, through its Executive Agent, shall notify the

other Party, through its Executive Agent, in writing of the proposed transfer,

together with a summary description of the specific technologies to be transferred.

Technologies proposed to be transferred from one Party to the other in the course

of the Collaboration shall not be subject to this Agreement unless the recipient

Party, through its Executive Agent, notifies the transferring Party in writing,

through its Executive Agent, prior to the transfer, that it consents to receive the

specific technologies and confirms that the Transferred Technologies, upon receipt,

shall be subject to the terms and conditions set forth herein. Either Party shall

have the right not to accept a proposed transfer of technologies under this

Agreement.

V. Each Party shall maintain an inventory of the technologies transferred to

the other Party pursuant to the Collaboration, and shall provide an annual report

to the other Party of the technologies transferred to the other Party pursuant to

the Collaboration. Each Party shall provide an annual report to the other Party of

all Transferred Technologies it holds pursuant to the Collaboration (including, but

not limited to, technologies modified or melded with other technology by the

recipient Party through the use of Transferred Technologies), of all its nuclear

-8-
material and equipment produced or constructed through the use of Transferred

Technologies, and of all its nuclear material used in or produced through the use

of equipment produced or constructed by or through the use of Transferred

Technologies. The Executive Agents may establish arrangements for the notification

of transfers, the annual reports and inventories.

VI. If any question arises concerning the interpretation or application of this

Agreement, the Parties shall, at the request of either of them, consult with each

other. Any dispute between the Parties regarding interpretation or implementation

of this Agreement shall be promptly negotiated by the Parties with a view to

resolving that dispute, and may be addressed through diplomatic channels or any

other peaceful means of settlement of disputes agreed to by the Parties.

VII. The terms of this Agreement shall be implemented in good faith and in a

manner designed to avoid undue interference in the execution of the Joint Fuel

Cycle Study, and with due regard to the long-term requirements of the nuclear

energy programs in place in the United States and the Republic of Korea, in order

to promote the peaceful uses of nuclear energy.

VIII. Except as otherwise provided in Section II (5) (c) of this Agreement, the

provisions of this Agreement are in addition to and shall not supersede the

provisions of the Agreement for Cooperation Between the Government of the

Republic of Korea and the Government of the United States of America

Concerning Civil Uses of Atomic Energy, signed on November 24, 1972, as

amended on June 26, 1974, or any other agreement between the Parties

establishing conditions relating to the transfer of nuclear material or equipment

from the territory of one Party to the territory of the other Party, whether directly

or through a third country.

IX. This Agreement shall remain in force for a period of 20 years. This term

may be extended for such additional periods as may be agreed in writing by the

Parties. Either Party may terminate this Agreement before its expiration date by

- 9 -
notifying the other in writing through diplomatic channels of its intention at least

one (1) year prior to the intended date of such termination.

X. Notwithstanding the termination or expiration of this Agreement, Sections

I-II, V and X of this Agreement shall continue to apply so long as any

Transferred Technologies or nuclear material or equipment subject to those

Sections remains within the territory of the United States or the ROK, whichever

is concerned, or under its jurisdiction or control anywhere, or until such time as

the Parties agree:

1. with respect to such nuclear material or equipment, that it is no longer

usable for any nuclear activity relevant from the point of view of safeguards, or

2. with respect to any of the Transferred Technologies, that such specific

Transferred Technologies shall no longer be subject to this Agreement.

Within 60 days of a request by either Party at any time during the term of

this Agreement or upon the expiration or termination of this Agreement or the

Collaboration, the Parties shall commence consultations, which the Parties shall

complete no later than 180 days from the request of either Party, to determine

whether any specific technologies within the definition of Transferred Technologies

under this Agreement can be removed from the coverage of this Agreement, and

if the Parties so agree, the identified technologies shall no longer be subject to

this Agreement.

If these proposals are acceptable to the Government of the ROK, it is

further proposed that this Note, together with the Embassy's affirmative Note in

reply on behalf of the Government of the ROK, shall constitute an agreement

between the two governments, which shall enter into force on the date of the

second note in a later exchange of notes between the two governments indicating

that each has completed its internal steps necessary for entry into force."

The Embassy has the honor to confirm that the proposals contained in the

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Department's Note are acceptable to the Government of the Republic of Korea

and to confirm that the Department's Note, together with this Note in reply, shall

constitute an agreement between the Government of the Republic of Korea and the

Government of the United States of America, which shall enter into force on the

date of the second note in the later exchange of notes between the two

governments indicating that each has completed its internal steps necessary for

entry into force.

July 22, 2013

Washington, D.C.