Decree No. 5,555, of 4 OCTOBER 2005 Promulgates the agreement between the Government of the Federative Republic of Brazil and the Government of the Republic of Korea for cooperation in the Peaceful Uses of Nuclear energy, held in Seoul, on 18 January 2001.
The PRESIDENT of the REPUBLIC, in the use of the role that gives the art. 84, section IV, of the Constitution, and whereas the Government of the Federative Republic of Brazil and the Government of the Republic of Korea held in Seoul, on 18 January 2001, an agreement for cooperation in the Peaceful Uses of Nuclear energy;
Whereas the National Congress approved this Agreement by means of Legislative Decree No. 787, 8 July 2005;
Whereas the agreement entered into force, internationally, on 25 July 2005;
D E C R E T a: Art. 1 the agreement between the Government of the Federative Republic of Brazil and the Government of the Republic of Korea for cooperation in the Peaceful Uses of Nuclear energy, held in Seoul in January 2001, 18 attached per copy to this Decree, shall be executed and delivered as fully as it contains.
Art. 2 Are subject to the approval of the National Congress any acts that may result in a revision of the agreement, as well as any additional adjustments, pursuant to art. 49, item I, of the Constitution, result in charges or demanding commitments to national heritage.
Art. 3 this Decree shall enter into force on the date of its publication.
Brasília, October 4 2005; 184th independence and 117 of the Republic.
LUIZ INACIO LULA DA SILVA Celso Luiz Nunes Amorim AGREEMENT BETWEEN the GOVERNMENT of the FEDERATIVE REPUBLIC OF BRAZIL and the GOVERNMENT of the REPUBLIC OF KOREA for COOPERATION in the PEACEFUL USES of NUCLEAR ENERGY, the Government of the Federative Republic of Brazil and the Government of the Republic of Korea (hereinafter "the parties");
Whereas the use of nuclear energy for peaceful purposes is an important factor for the promotion of economic and social development of the two countries;
Desiring to strengthen the basis of friendly relations between the two countries;
Recognizing that both countries are Member States of the International Atomic Energy Agency (hereinafter referred to as "IAEA"); and bearing in mind the common desire of both countries to expand and strengthen cooperation for the development and application of nuclear energy for peaceful purposes, agree as follows: article I Objectives on the basis of equality and mutual benefit, the Parties shall encourage and promote cooperation in the peaceful uses of nuclear energy in accordance with their respective laws and regulations.
ARTICLE II definitions for purposes of this agreement: a) "equipment" means any equipment listed in Annex A to this agreement;
b) "Material" means any material listed in Annex B to this agreement;
c) "Nuclear Material" means any source material or special fissionable material as defined in article XX of the IAEA Statute, which constitutes Annex C to this agreement. Any determination issued by the Board of Governors of the IAEA on article XX of the Statute of the Agency, in order to modify the list of material considered "source material" or "special fissionable material", only have legal effect under this agreement when both parties to this agreement have exchanged written information confirming the acceptance of the amendment concerned.
d) "People" means any individual, Corporation, company, organization or company, Association, trust, State-owned or private, group, agency or governmental corporation, but does not include the parties to this agreement; and e) "technology" means scientific or technical information that the providing party set as relevant in terms of non-proliferation and that is important to the design, production, operation or maintenance of equipment or for the processing of nuclear material or material; and includes-but is not limited to-technical drawings, photographic negatives and prints, recordings, design data and technical and operating manuals, but excludes public domain information; and the data provider has informed the receiving party constitute information for purposes of this agreement.
ARTICLE III areas of cooperation In accordance with this agreement, the areas of cooperation between the parties may include: a) basic and applied research and development with respect to the peaceful uses of nuclear energy;
b) research, development, design, construction, operation and maintenance of nuclear power plants or research reactors;
c) manufacturing and supplying nuclear fuel elements for use in nuclear power plants or research reactors;
d) nuclear fuel cycle, including radioactive waste management;
and production and application of radioisotopes) in industry, agriculture and medicine;
f) nuclear safety, radiological protection and environmental protection;
g) nuclear safeguards and physical protection;
h) nuclear policy and human resources development; and i) other areas as may be agreed between the parties.
ARTICLE IV cooperation forms of cooperation mentioned in article III of this Agreement shall be conducted as follows: a) and exchange of scientific and technical personnel training;
b) exchange of information and scientific and technological data;
c) Organization of symposia, seminars and workshops;
d) transfer of nuclear material, material, equipment and technology;
and consulting and services supply) technology;
f) joint research or projects on topics of mutual interest; and g) other modalities as may be agreed between the parties.
Article V Additional Adjustments 1. In order to facilitate the cooperation under this agreement, the parties may conclude Additional Adjustments in accordance with their respective laws and regulations.
2. the Parties shall designate institutions or persons under their jurisdiction as executors of the Additional Settings and define the terms and conditions of programs or specific projects of cooperation, the procedures to be followed, the financial arrangements and other relevant matters, in accordance with their respective laws and regulations.
ARTICLE VI Joint Committee to coordinate cooperation activities provided for in this agreement, the parties will establish a Joint Committee. The Joint Committee shall consist of representatives appointed by both parties and will be able to meet, in principle, once a year, in the convenience of the parties.
ARTICLE VII Information 1. The parties may use freely any information shared in accordance with the provisions of the present Agreement, except in cases where the party or authorised persons who have provided the information in question have done prior manifestation in order to restrict or have reservations about the use and dissemination of information.
2. the Parties shall take all appropriate measures in accordance with their respective laws and regulations to preserve the restrictions and reservations with respect to information and to protect intellectual property rights, including commercial and industrial secrets that have been transferred between authorised persons under the jurisdiction of either party. For purposes of this agreement, that intellectual property has the meaning given by article 2 of the Convention establishing the World Intellectual Property Organisation, done at Stockholm on 14 July 1967.
ARTICLE VIII Transfers the transfer of information, nuclear material, material, equipment and technology under this agreement may be made directly between the parties or through authorised persons. The transfers will be subject to this agreement and the additional terms and conditions as may be agreed by the parties.
ARTICLE IX Reshipment nuclear Material, material, equipment and technology that is transferred under this agreement cannot be transferred to a third party outside the jurisdiction of the receiving party, unless the parties so determine. In order to facilitate the implementation of this device, it may be concluded between the parties to a specific setting.
Article X prohibition of Military nuclear Material or explosive Applications, material, equipment and technology transferred pursuant to this agreement and special fissionable material used in or produced through the use of nuclear material, material, equipment or technology transferred pursuant to this agreement may not be used for the development or production of nuclear weapons or any other nuclear explosive artifact, or for any military purpose.
ARTICLE XI Safeguards
1. With respect to nuclear material, the commitment contained in article X of this Agreement shall be verified according to the devices of the respective safeguards agreements between each party and the IAEA; in the case of the Republic of Korea, the agreement is the agreement between the Republic of Korea and the IAEA for the application of safeguards concerning the Treaty on the non-proliferation of nuclear weapons (INFCIRC/IAEA document 236); in the case of the Federative Republic of Brazil, the agreement is the agreement between the Federative Republic of Brazil, the Republic Argentina, Argentina-Brazilian Agency for accounting and control of nuclear materials (ABACC) and the International Atomic Energy Agency (IAEA) for the application of safeguards (IAEA document INFCIRC/435).
2. If, for any reason or at any time, the IAEA is not administering safeguards in the jurisdiction of a party, the party concerned should enter into an agreement with the other party to ensure the implementation of safeguards in accordance with the principles and procedures of the IAEA to all items transferred under this agreement.
ARTICLE XII physical protection the Parties shall take appropriate measures in order to provide the nuclear material and equipment transferred pursuant to this agreement of physical protection at the level equivalent to or higher than those set out in IAEA document INFCIRC/225/Rev 3, as well as any amendment subsequently accepted by the parties.
ARTICLE XIII duration of Application 1. Nuclear material, material and equipment will be subject to this agreement until: a) such items have been transferred out of the jurisdiction of the receiving party in accordance with article IX of this agreement;
b) in the case of nuclear material, was determined that the material in question can no longer be used or recoverable for processing into a form pretty much on what is usable for any nuclear activity relevant from the point of view of safeguards referred to in article XI of this agreement. Both parties shall accept a determination made by the IAEA in accordance with the devices for the termination of safeguards contained in the respective safeguards agreements with the IAEA; or c) is implemented another chance agreed between the parties.
2. The technology transferred pursuant to this agreement will be subject to it unless decided differently by the parties.
ARTICLE XIV Cooperation ends If any of the parties, after the entry into force of this agreement: a) does not comply with the devices of articles IX, X, XI or XII; or b) discontinue or materially violate its safeguards agreement with the IAEA, the other party shall have the right to interrupt the cooperation under this agreement and to suspend or terminate this agreement.
ARTICLE XV 1 dispute settlement. The Parties shall meet periodically and will consult, at the request of either of the two, to review the operation of this agreement or to discuss matters related to its implementation.
2. Any dispute concerning the interpretation or application of this Agreement shall be resolved amicably by negotiation or consultation between the parties.
ARTICLE XVI entry into force and Duration 1. This agreement shall enter into force on the date of the second diplomatic note which is a Part of the fulfillment of the other report all necessary legal requirements for its entry into force.
2. this Agreement shall remain in force for a period of ten (10) years and shall be extended automatically for further periods of five (5) years, unless either party notifies the other in writing of its intention to terminate it, with six (6) months before the expiration of this agreement.
3. this agreement may be amended at any time upon the written consent of both parties. Any amendments will enter into force in accordance with the procedures stipulated in paragraph one of this article.
4. Notwithstanding the expiration or termination of this agreement, the obligations contained in articles V, IX, X and XI of this agreement will remain in effect until both parties decide otherwise.
ARTICLE XVII Annexes annexes A, B and C constitute an integral part of this agreement. May be amended by written agreement of both parties; the amendments shall enter into force according to the first paragraph of article XVI.
In witness whereof the undersigned, duly authorized for that purpose by their respective Governments, have signed this agreement.
Done at Seoul, on 18 January 2001, in two original copies, in Portuguese, Korean and English languages, all texts being equally authentic. In case of divergence of interpretation, the English version shall prevail.
By the GOVERNMENT of the FEDERATIVE REPUBLIC OF BRAZIL LUÍZ FELIPE LAMPREY Minister of State for Foreign Affairs for the GOVERNMENT of the REPUBLIC OF KOREA LEE JOUNG ÍNN Minister of Foreign Affairs ANNEX 1 equipment. Nuclear reactors capable of operating to maintain a self-sustaining fission chain reaction controlled. This excludes this category of zero energy reactors, defined as reactors with a maximum index of production of plutonium not exceeding 100 grams per year.
2. reactor pressure Vessels: metal vessels, as complete units or as semi-fabricadas parts for these components, which are especially designed or prepared to contain the core of a nuclear reactor such as described in paragraph 1 above, and able to withstand the pressure of the refrigerant.
3. Machines loading-unloading ballast: fuel handling equipment especially designed or prepared for inserting or removing fuel in a nuclear reactor, as described in the first paragraph above, being capable of loading operations or employing technically sophisticated positioning characteristics or alignment to allow complex operations for the disposal of fuel, as in cases where the direct view or access to the fuel is not normally possible.
4. the reactor control rods: Rods especially designed or prepared for the control of the reaction in a nuclear reactor such as described in paragraph 1 above.
5. reactor pressure tubes: Tubes especially designed or prepared to contain fuel elements and the primary coolant in a reactor element, as described in paragraph 1 above, to an operating pressure in excess of 50 atmospheres.
6. Zirconium tubes: Metal or zirconium alloys in the form of tubes or pipe joints, in quantities exceeding 500 pounds per year, especially designed and prepared for use in a reactor as described in paragraph 1 above, and in which the ratio of hafnium to zirconium is less than 1:500 parts by weight.
7. primary coolant elements pumps: pumps especially designed or prepared for circulating the primary coolant for nuclear reactors as described in paragraph 1 above.
8. Plants for the reprocessing of irradiated fuel elements, and equipment specifically designed or prepared for that purpose: the plants for the reprocessing of irradiated fuel elements including equipment and components which normally come in direct contact with and directly control the irradiated fuel and the major nuclear material, as well as the processing streams of fission products.
9. Plants for the fabrication of fuel elements: the plants for the fabrication of fuel elements includes equipment which normally is in direct contact with, or directly processes or controls the production flow of nuclear material as well as equipment that seals the nuclear material within the cover.
10. Equipment, except analytical instruments, especially designed or prepared for the separation of uranium isotopes: equipment, except analytical instruments, especially designed or prepared for the separation of isotopes of uranium include each of the main items of equipment specially designed or prepared for the separation process.
11. Plants for the production of heavy water: a plant for the production of heavy water includes the plant and the equipment specially designed for the enrichment of deuterium or its compounds. This category also includes any significant fraction of the items essential to the operation of the plant.
ANNEX B Material 1. Deuterium and heavy water Deuterium and any compound of: deuterium in which the ratio of deuterium to hydrogen exceeds 1:5000 for use in a nuclear reactor such as described in the first paragraph of Annex A, in quantities exceeding 200 kg of deuterium atoms in any period of 12 months.
2. Graphite with purity nuclear: graphite with purity exceeding 5 parts per one million boron equivalent and with a density exceeding 1.5 grams per cubic centimeter in quantities exceeding 30 metric tons in any 12-month period.
ANNEX C Article XX of the Statute of the International Atomic Energy Agency Definitions As used in the Statute:
1. The term "special fissionable material" means plutonium-239; uranium-233; uranium enriched in the isotopes 235 or 233; any material containing one or more of these materials; and any other fissionable material to be set periodically by the Board of Governors; but the term "special fissionable material" does not include source material.
2. The term "uranium enriched in the isotopes 235 or 233" means uranium containing the isotopes 235 or 233 or both in an amount such that the abundance ratio of the sum of these isotopes to the isotope 238 is greater than the ratio of the isotope 235 to the isotope 238 occurring in nature.
3. The term "source material" means uranium containing the mixture of isotopes occurring in nature; uranium depleted in the isotope 235; thorium; any of these materials, in the form of metal, alloy, chemical compound or concentrate; any other material containing one or more of these materials in concentrations to be periodically determined by the Board of Governors; and any other materials that may be periodically determined by the Board of Governors.