[Title] Protocol between the Ministry of Science and Technology of the Republic of Korea and National Nuclear Safety Administration of the People's Republic of China on Cooperation in Nuclear Safety Matters
The Ministry of Science and Technology of the Republic of Korea and the National Nuclear Safety Administration of the People's Republic of China (hereinafter referred to as "the Parties"), in accordance with and subject to the Agreement between the Government of the Republic of Korea and the Government of the People's Republic of China for Cooperation in the Peaceful Uses of Nuclear Energy signed in Seoul on October 31, 1994 (hereinafter referred to as "the Agreement") and with the intent of promoting cooperation and collaboration in nuclear safety matters, have agreed as follows:
Article 1
On the basis of equality, reciprocity and mutual benefit, this Protocol will enhance the cooperation between the Parties in order to promote the safety level in the field related to civil nuclear installations of the two countries.
Article 2
The Cooperation may include the following fields:
1.Research on and development of nuclear safety technology;
2.Nuclear safety regulation and the compilation and imple- mentation of safety regulations;
3.Safety review and safety inspection of nuclear power plants and other civil nuclear installations;
4.Emergency preparedness for nuclear accidents;
5.Radiation protection and related monitoring;
6.Other areas as may mutually be agreed upon.
Article 3
The cooperation may include the following forms:
1.Exchange of information and documentation on scientific and technical developments, activities and practices of mutual interest;
2.Exchange of scientists, engineers, delegations and other specialists for participation in agreed research, development, analysis, experimental activities, seminars and other educational programs conducted in each country;
3.Collaborative research on subjects of mutual interest and joint research programs;
4.Other forms of cooperation as may mutually be agreed upon.
Article 4
1.The exchange of information under this Protocol will be carried out through letters, reports, documents, and by visits and meetings arranged in advance. A meeting will be held at times as mutually agreed upon, to review the exchange of information, to recommend revisions to the provisions of this Protocol, and to discuss topics within the scope of the exchange in accordance with this Protocol.
2.The exchanged information is given only to the Parties and their designated organizations and it shall not be published or otherwise released without prior written consent by the providing Party.
3.The application or use of any information exchanged or transferred between the Parties under this Protoco shall be the responsibility of the receiving Party and the providing Party does not warrant the suitability of such information for any particular use or application, unless there is a separate contract or agreement for a specific use.
Article 5
1.All stipulated activities under this Protocol shall be conducted under the guidance of the Agreement. In order to coordinate the stipulated activities under this Protocol, each party shall designate a coordinator. The coordinator designated by each Party may, by correspondence, decide upon the adoption, coordination and implementation of cooperative activities and other related matters. A regular contact channel between coordinators shall be established.
2.The implementation of joint programs and projects for 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 agreed upon on a case-by-case basis. Temporary assignments of qualified personnel by one Party to the other Party's agency shall also be considered on a case-by-case basis.
Article 6
Nothing contained in this Protocol shall require either Party to take any action which would be inconsistent with its laws, regulations, and policy directives. No nuclear information relating to proliferation of sensitive tchnologies shall be exchanged under this Protocol. Should any conflict arise between the terms of this Protocol and those laws, regulations, and policy directives, the Parties agree to settle it through mutual consultation.
Article 7
1.This Protocol shall enter into force on the date of the exchange of the diplomatic notes confirming the completion of its internal legal procedures necessary for entry into force of this Protocol in the respective countries, and shall remain in force for a five-year period. This Protocol shall be automatically extended for five-year periods thereafter, unless either Party notifies the other Party in writing to terminate this protocol at least six (6) months before each
expiration date.
2.This Protocol may be amended by mutual consent of the Parties.
3.Any revision or termination of this Protocol shall not affect any right or obligation accruing or incurred under this Protocol prior to the effective date of such revision or termination.
IN WITNESS WHEREOF, the undersigned, duly authorized by their respective Governments, have signed this Protocol.
Done in Seoul on December 13, 1994, in duplicate in the Korean, Chinese and English languages, all texts being equally authentic. In case of any divergence of interpretation, the English text shall prevail.
FOR THE MINISTRY OF SCIENCE AND TECHNOLOGY OF THE SAFETY REPUBLIC OF KOREA
/Sgd./
Kim Si-joong
FOR THE NATIONL NUCLEAR ADMINISTRATION OF THE PEOPLE'S REPUBLIC OF CHINA
/Sgd./