DECREE NO 5,555, DE October 4, 2005

Promulga the Agreement between the Government of Federative Republic of Brazil and the Government of the Republic of Korea for Cooperation in the Peaceful Uses of Nuclear Energy, celebrated in Seoul, on January 18, 2001.

THE PRESIDENT OF THE REPUBLIC, in the use of the attribution conferring you the art. 84, inciso IV, of the Constitution, and

Considering that the Government of the Federative Republic of Brazil and the Government of the Republic of Korea celebrated, in Seoul on January 18, 2001, an Agreement for Cooperation in the Peaceful Uses of Nuclear Power ;

Considering that the National Congress has approved this Agreement by means of Legislative Decree n o 787, of July 8, 2005 ;

Considering that the Agreement entered into force, internationally, on July 25, 2005 ;

D E C R E T A:

Art. 1º 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 Power, concluded in Seoul on January 18, 2001, attached by copy to this Decree, shall be implemented and served as entirely as it does in it.

Art. 2º They shall be subject to the approval of the National Congress any acts that may result in revision of the said Agreement, as well as any further adjustments which, pursuant to the art. 49, inciso I, of the Constitution, carries charges or engraved commitments to the national heritage.

Art. 3º This Decree shall enter into force on the date of its publication.

Brasilia, October 4, 2005 ; 184º of the Independence and 117 o of the Republic.

LUIZ INACIO LULA DA SILVA

Celso Luiz Nunes Amorim

AGREEMENT BETWEEN THE GOVERNMENT OF THE FEDERAL REPUBLIC OF BRAZIL AND THE GOVERNMENT OF THE REPUBLIC OF KOREA TO COOPERATION IN THE PEACEFUL USES OF ENERGY NUCLEAR

The Government of the Federative Republic of Brazil

and

The Government of the Republic of Korea

(henceforth named "Parties") ;

Considering that the use of nuclear energy for peaceful purposes is an important factor in the promotion of the economic and social development of the two countries ;

Wish to strengthen the foundation of friendship relations between the two countries ;

Recognizing that both countries are Member States of the International Atomic Energy Agency (henceforth called "IAEA") ; and

Given in mind the common desire for both countries to expand and strengthen cooperation for the development and implementation of nuclear energy for peaceful purposes,

Wake up the following:

ARTICLE I

Goals

On the basis of equality and mutual benefit, the Parties will stimulate and promote cooperation for uses peaceful nuclear power in accordance with their respective applicable laws and regulations.

ARTICLE II

Definitions

For the 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 any special physizable material, as defined in Article XX of the Statute of the IAEA, which constitutes Annex C to this Agreement. Any determination emanating from the IAEA Board of Governors on Article XX of the Agency Statute, to modify the list of material deemed to be "source material" or "special fissionable material", will only have legal effect on the scope of this Agreement when both Parties to this Agreement have exchanged written information confirming the acceptance of the amendment in question.

d) "People" means any individual, corporation, corporation, company or company, association, trust, public or private institute, group, agency or governmental corporation, but does not include the Parties to this Agreement ; and

e) "Technology" means scientific or technical information that the supplier Party defines as relevant in terms of non-proliferation and that is important for the drawing, production, operation or maintenance of equipment or for the processing of nuclear material or material ; and includes-but is not limited to-technical, negative and photographic copies, recordings, drawing data and technical and operation manuals, but excludes public domain information ; and data that the supplier Party has informed the receiving Party to constitute information for the 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 energy nuclear ;

b) research, development, drawing, construction, operation and maintenance of nuclear plants or research reactors ;

c) fabrication and supply of nuclear fuel elements to be used in mills nuclear or reactor research ;

d) nuclear fuel cycle, including management of radioactive rejection ;

e) production and application of radioisotopes in industry, agriculture and medicine ;

f) nuclear security, radiological protection and environmental protection ;

(g) nuclear safeguards and physical protecti

h) nuclear policy and development of human resources ; and

i) other areas that will come to be agreed between the Parties.

ARTICLE IV

Forms of Cooperation

The cooperation mentioned in Article III of this Agreement may be undertaken in the following modalities:

a) exchange and training of scientific and technical personnel ;

b) information exchange and scientific and technological data ;

c) organisation of symposia, seminars and working groups ;

d) transfer of nuclear material, material, equipment and technology ;

e) provision of relevant technological consultancy and services ;

f) joint research or projects on themes of mutual interest ; and

g) other modalities that will come to be agreed between the Parties.

ARTICLE V

Supplemental Adjustments

1. With a view to facilitating cooperation within the framework of this Agreement, Parties will be able to conclude Complementary Adjustments in accordance with their respective laws and regulations.

2. The Parties shall designate institutions or persons under their respective jurisdictions as the performers of the Complementary Adjustments and shall define the terms and conditions of specific programmes or projects of cooperation, the procedures to be followed, the arrangements financial and other relevant matters, in accordance with their respective laws and regulations.

VI ARTICLE

Joint Committee

With a view to coordinating the cooperation activities provided for in this Agreement, the Parties will establish a Joint Committee. The Joint Committee shall be composed of Representatives appointed by both Parties and may meet, in principle, once a year, on dates of the convenience of the Parties.

ARTICLE VII

Information

1. The Parties will be able to freely use any information exchanged in accordance with the devices of this Agreement, except in cases where the Party or persons authorized to have provided the information in question have made prior demonstration in the sense of restricting or presenting reservations on 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 trade secrets and industrialists who have been transferred between persons authorized under the jurisdiction of either Party. For the purposes of this Agreement, intellectual property is understood to have the meaning determined by Article 2 of the Convention establishing the World Organization for Intellectual Property, celebrated in Stockholm, on July 14, 1967.

ARTICLE VIII

Transfers

The transfer of information, nuclear material, material, equipment and technology within the framework of the this Agreement may be made directly between the Parties or by means of authorised persons. Transfers shall be subject to this Agreement and to the additional terms and conditions that come to be agreed upon by the Parties.

ARTICLE IX

Retransfers

Nuclear material, material, equipment and technology that are transferred within the scope of the present Agreement may not be transferred to a third party outside the jurisdiction of the receiving Party, unless the Parties thus determine it. With a view to facilitating the implementation of this device, a specific adjustment may be concluded between the Parties.

ARTICLE X

Prohibition of Explosive Applications or Military

Nuclear material, material, equipment and technology transferred within the framework of this Agreement and special fissionable material used or produced through the use of nuclear material, material, equipment or technology transferred within the framework of this Agreement may not be used for the development or production of nuclear weapons or any explosive nuclear artifact, or for any military demise.

XI ARTICLE

Safeguards

1. With respect to nuclear material, the commitment contained in Article X of this Agreement should be verified in accordance with the devices of the respective safeguards agreements between each Party and the IAEA ; in the case of the Republic of Korea, the Agreement applicable is the Agreement between the Republic of Korea and the IAEA for the Application of Safeguards relating to the Treaty on the Non-Proliferation of Nuclear Weapons (IAEA document INFCIRC/236) ; in the case of the Federative Republic of Brazil, the Agreement applicable is the Agreement between the Federative Republic of Brazil, the Argentine Republic, the Brazilian-Argentina 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 one of the Parties, the Party in question should enter into agreement with the other Party to ensure the application of safeguards in accordance with the principles and procedures of the IAEA to all items transferred within the scope of this Agreement.

ARTICLE XII

Physics Protection

The Parties shall take appropriate measures in order to endol the material and nuclear equipment transferred within the scope of this Physical Protection Agreement at the equivalent or higher level than that set out in the IAEA document INFCIRC/225/Rev. 3, as well as in any amendment subsequently accepted by the Parties.

ARTICLE XIII

Duration of Enforcement

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 accordingly with the provisions of Article IX of this Agreement ;

b) in the case of nuclear material, it has been determined that the material in question may not be more used or practically recoverable for processing in a manner in which it is usable for any relevant nuclear activity from the point of view of the safeguards referred to in Article XI of this Agreement. Both Parties should accept a determination made by the IAEA in accordance with the devices concerning the termination of safeguards contained in their respective safeguards agreements with the IAEA ; or

c) another hypothesis agreed between the Parties is implemented.

2. Technology transferred within the framework of this Agreement shall be subject to it unless it is decided differently by the Parties.

ARTICLE XIV

End of Cooperation

If either Party, after the entry into force of this Agreement:

a) do not comply with the devices of Articles IX, X, XI or XII ; or

b) interrupting or materially violating the respective safeguards agreement with the IAEA,

the other Party shall have the right to terminate the cooperation developed within the framework of this Agreement and of suspending or denounting the present Agreement.

XV ARTICLE

Controlversion Solution

1. The Parties shall meet periodically and consult, upon request of either of the two, to review the operation of this Agreement or to discuss matters relating to its implementation.

2. Any divergence over the interpretation or application of this Agreement will be resolved amicably by negotiation or consultations between the Parties.

ARTICLE XVI

Input in Vigor and Duration

1. This Agreement shall enter into force on the date of the second diplomatic Note by which a Party shall inform the other of the fulfilment of all the legal requirements necessary 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 additional periods of five (5) years, unless either Party notifies the other, in writing, of its intention to denounce it, with six (6) months in advance of the expiration of this Agreement.

3. This Agreement may be amended at any time upon the written consent of both Parties. Any amendments shall enter into force as per the procedures stipulated in the first paragraph of this Article.

4. Notwithstanding the expiration or denunciation of this Agreement, the obligations contained in Articles V, IX, X and XI of this Agreement shall remain in force until both Parties decide otherwise.

ARTICLE XVII

Attachments

Annexes A, B and C constitute integral part of this Agreement. They may be amended upon written annuity of both Parties ; the amendments shall enter into force as per the first paragraph of Article XVI.

In faith than, the signatories, duly authorized to such an end by their respective Governments, have established this Agreement.

Made in Seoul on January 18, 2001, in two original copies, in the Portuguese, Korean languages and English, being all equally authentic texts. In the event of a divergence of interpretation, the English version shall prevail.

BY THE GOVERNMENT OF THE REPUBLIC

FEDERATIVE OF BRAZIL

LUÍZ FELIPE LAMPREIA

Minister of State for Foreign Affairs

BY THE GOVERNMENT OF THE REPUBLIC

DA KOREA

LEE JOUNG EINN

Minister for Foreign Affairs

ANNEX A

Equipment

1. Nuclear Reactors capable of operating in such a way as to maintain a controlled self-sustaining fission chain reaction. This category is excluded from zero energy reactors, defined as reactors with a maximum plutonium production index of not more than 100 grams per year.

2. Reactor pressure vessels: Metal Vasos, as full units or as semi-fabricated parts for such components, which are specially designed or prepared to contain the nucleus of a nuclear reactor as described in the paragraph first above, and able to withstand the operation pressure of the primary refrigerator element.

3. Reactor fuel loading and discharge machines: Handling equipment specially designed or prepared to insert or withdraw fuel from a nuclear reactor, as described in the paragraph first above, being able to loading operations or employing technically sophisticated characteristics of positioning or alignment in a manner that allows for complex fuel discharge operations, as in cases where direct vision or access to fuel are not normally possible.

4. Reactor control sticks: Varets specially designed or prepared for control of the reaction index in a nuclear reactor as described in the paragraph first above.

5. Reactor pressure tubes: Tubes specially designed or prepared to contain combustible elements and the primary refrigerator element in a reactor, such as the one described in the first paragraph above, to an operating pressure exceeding 50 atmospheres.

6. Zirconium tubes: Metal or tube-shaped zirconium alloys or tube joints, in quantities exceeding 500 kilograms per year, specially designed and prepared for use in a reactor as described in the paragraph first above, and in which the ratio of hafnium to zirconium is less than 1:500 parts per weight.

7. Pumps of primary refrigerator elements: Bombs specially designed or prepared to circulate the primary refrigerator of nuclear reactors as described in the paragraph first above.

8. Mills for the reprocessing of irradiated fuel elements and equipment specifically designed or prepared for such purpose: The mills for the reprocessing of irradiated fuel elements include equipment and components that normally come in direct contact and directly control the irradiated fuel and the main nuclear material, as well as the processing flows of fission products.

9. Power plants for the manufacture of combustible elements: The mills for the manufacture of combustible elements include equipment that is normally in direct contact, or that directly processes or controls the flow of material production nuclear, as well as equipment that seals the nuclear material within the cover.

10. Equipment, except analytical instruments, specially designed or prepared for separation of uranium isotopes: Equipment, except analytical instruments, specially designed or prepared for separation of uranium isotopes includes each of the main items of equipment specially designed or prepared for the process of separation.

11. Mills 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. That 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 deuterium compound in which the deuterium ratio for hydrogen exceeds 1:5000, for use in a nuclear reactor as described in the first paragraph of Annex A, in quantities exceeding 200 kilograms of atoms of deuterium in any period of 12 months.

2. Graphite with nuclear purity: Grafite with purity level greater than 5 parts per one million boron equivalent and with density exceeding 1.5 gram per cubic centimeter in quantities exceeding 30 metric tons in any period of 12 months.

ANNEX C

Article XX of the Statute of the International Agency

Atomic Energy

Definitions

As used in the Statute:

1. The term "special fissionable material" means plutônio-239 ; urânio-233 ; enriched uranium in isotopes 235 or 233 ; any material containing one or more of these materials ; and any other fissionable material to be defined periodically by the Board of Governors ; but the term "special fissionable material" does not include source material.

2. The term "enriched uranium in isotopes 235 or 233" means uranium containing isotopes 235 or 233, or both, in an amount such that the reason of the abundance of the sum of these isotopes to isotope 238 is higher than the isotope 235 ratio for the isotope 238 that occurs in nature.

3. The term "source material" means uranium containing the mixture of isotopes that occurs in nature ; depleted uranium in 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 material which will be periodically determined by the Board of Governors.