--- title: "\"Соглашение между Правительством Российской Федерации и Правительством Республики Замбии о сотрудничестве в области использования атомной энергии в мирных целях\" [рус., англ.]" status: действует canonical: "https://bukva.ai/docs/soglashenie-mezhdu-pravitelstvom-rossiyskoy-2749/statya-16" --- # Статья 16 ### Статья 16 Настоящее Соглашение вступает в силу с даты получения по дипломатическим каналам последнего письменного уведомления о выполнении Сторонами внутригосударственных процедур, необходимых для его вступления в силу. Настоящее Соглашение заключается сроком на 10 лет. Его действие автоматически продлевается на последующие 5-летние периоды, если ни одна из Сторон не уведомит по дипломатическим каналам в письменной форме другую Сторону не менее чем за 6 месяцев до истечения очередного периода о своем намерении прекратить действие настоящего Соглашения. Прекращение действия настоящего Соглашения не затрагивает программ и проектов, выполнение которых начато в период его действия и не завершено до даты прекращения его действия, если Стороны не договорятся об ином. В случае прекращения действия настоящего Соглашения обязательства Сторон в соответствии со [статьями 8](https://bukva.ai/docs/soglashenie-mezhdu-pravitelstvom-rossiyskoy-2749/statya-8#p100054) - [12](https://bukva.ai/docs/soglashenie-mezhdu-pravitelstvom-rossiyskoy-2749/statya-12#p100092) настоящего Соглашения остаются в силе. Совершено в г. Москва 31 мая 2016 г. в двух экземплярах, каждый на русском и английском языках, причем оба текста имеют одинаковую силу.
(Подписи)
**BETWEEN THE GOVERNMENT OF THE RUSSIAN FEDERATION** **AND THE GOVERNMENT OF THE REPUBLIC OF ZAMBIA ON COOPERATION** **IN THE FIELD OF THE USE OF NUCLEAR ENERGY FOR PEACEFUL** **PURPOSES** (Moscow, 31.V.2016) The Government of the Russian Federation and the Government of the Republic of Zambia, hereinafter referred to as "the Parties", mindful that States are Members of the International Atomic Energy Agency and Parties to the Treaty on the Non-proliferation of Nuclear Weapons of July 1, 1968; being governed by the provisions of the Agreement between the Union of Soviet Socialist Republics and the International Atomic Energy Agency for the Application of Safeguards in the Union of Soviet Socialist Republics of February 21, 1985 and the Protocol between the Russian Federation and the International Atomic Energy Agency, additional to the Agreement between the Union of Soviet Socialist Republics and International Atomic Energy Agency for the Application of Safeguards in the Union of Soviet Socialist Republics, of March 22, 2000; being governed by the provisions of the Agreement between the Republic of Zambia and the International Atomic Energy Agency for the Application of Safeguards in connection with the Treaty on the Non-Proliferation of Nuclear weapons of September 22, 1994; mindful of the Additional Protocol between the Republic of Zambia and the International Atomic Energy Agency to the Agreement between the Republic of Zambia and International Atomic Energy Agency for the Application of Safeguards in the Republic of Zambia, of May 13, 2009; acknowledging that the use of nuclear energy for peaceful purposes based on nuclear and radiation safety standards and environmental protection principles is an important factor in ensuring social and economic development of both states; and desiring to contribute to further cooperation between the two states in the field of the use of nuclear energy for peaceful purposes, have agreed as follows: The terms that are used in this Agreement have the meanings identified in the International Atomic Energy Agency document INFCIRC/254/Rev.12/Part1 Guidelines for the Export of Nuclear Material, Equipment and Technology and its further amendments which will be made. Any subsequent amendment shall be valid under this Agreement only if the Parties inform each other in writing through diplomatic channels that they accept such amendment. Other terms used in this Agreement have the following meanings: "information" means scientific, commercial, technical data and/or information in any form, defined as such and agreed by the competent authorities of the Parties for transfer or exchange in the framework of this Agreement. "intellectual property" has the meaning defined in Article 2 of the Convention Establishing the World Intellectual Property Organization signed in Stockholm on July 14, 1967. "the results of intellectual activity" means scientific, technical, constructional, technological solutions, contained in a technical and scientific documentation and in commodities developed, produced and supplied during cooperation. The Parties shall develop and strengthen cooperation in areas of the use of nuclear energy for peaceful purposes in accordance with the needs and priorities of their respective national nuclear programs. Cooperation shall be carried out in accordance with the provisions of this Agreement and legislations of each Party's State. The Parties shall implement cooperation in the following areas: assistance in establishment and enhancement of the atomic energy infrastructure of the Republic of Zambia in accordance with international recommendations; design and construction of nuclear and research reactors, water desalination facilities and atomic particle accelerators; exploration and mining of uranium deposits, study of mineral resources of the Republic of Zambia for the development of its nuclear industry; nuclear fuel cycle services delivery and development, namely supply of nuclear fuel for nuclear and research reactors; radioactive waste management; nuclear and radiation safety and security, emergency response; nuclear safety and security and radiological protection regulation, control of physical protection of nuclear and radioactive materials, radiation sources, storage areas of nuclear and radioactive materials, systems of accounting and control of nuclear materials, radioactive materials and waste; research, development and manufacturing of materials, components and technology for nuclear and research reactors, as well as technology to produce durable strength metals, fuel fabrication and fuel quality control, blankets, absorbers, moderators and other reactor elements allowed under the Treaty on the Non-Proliferation of Nuclear weapons of July 1, 1968; usage of simulators for training of the personnel for nuclear industry, equipment for radioactive waste management and personnel training; basic and applied research and studies in the field of the use of nuclear energy for peaceful purposes; production and application of radioisotopes in industry, medicine and agriculture; education and training of experts for nuclear industry, including personnel for security and radiological protection regulators; other areas of cooperation that may be agreed upon by the Parties in written form through diplomatic channels. Cooperation in the areas covered by Article 3 of the Agreement shall be implemented in the following forms: establishment of joint working groups to implement specific projects and scientific research; exchange of experts; organization of workshops and symposia; assistance in training of scientific and technical personnel; exchange of scientific and technical information; provision of equipment, materials and components. Cooperation may be executed in other forms agreed upon by the Parties in written form through diplomatic channels. Each Party shall designate competent authorities for the purpose of implementing this Agreement. For the Russian Party the competent authorities shall be the State Atomic Energy Corporation "Rosatom" (for all areas of cooperation) and the Federal service for ecological, technological and atomic inspectorate (for the area concerning nuclear safety and security and radiological protection regulation, control of physical protection of nuclear facilities, radiation sources, storage areas, nuclear and radioactive materials, radioactive waste as well as training of the Regulatory Authority in charge of security and radiological protection in the Republic of Zambia). For the Zambian Party the competent authority shall be the Cabinet Office, Government of the Republic of Zambia. The Parties shall notify each other without delay through diplomatic channels in case of change of competent authority. Competent authorities of both Parties shall establish a Joint Coordination Committee from representatives designated by the competent authorities of the Parties to monitor the implementation of this Agreement, review the issues arising in the course of its implementation and hold consultations on issues related to the use of nuclear energy for peaceful purposes. The meetings of the Joint Coordination Committee shall be held as appropriate alternately in the Russian Federation and in the Republic of Zambia as agreed by the competent authorities of the Parties. Joint Working Groups shall be established as agreed by the competent authorities of the Parties to implement specific projects for the purpose of implementing this Agreement. Cooperation in the areas referred to in Article 3 of this Agreement shall be implemented by Russian and Zambian organizations authorized by the competent authorities of the Parties (hereinafter - authorized organizations) by concluding agreements (contracts) that determine the scope of cooperation, the rights and obligations of participants to the agreements (contracts), financial and other terms of cooperation in accordance with the legislations of each Party's State. Information constituting the State secret of the Russian Federation and the State secret of the Republic of Zambia shall not be exchanged under this Agreement. Information transferred under this Agreement or created from the implementation thereof and regarded by the transferring Party as confidential shall be clearly defined as such. The Party transferring such information under the Agreement shall mark such information in the Russian language as "Для служебного пользования" and in the English language as "confidential". The Party receiving this identified information shall protect it at a level equivalent to the level of protection applied by the supplying Party to such information. Such information shall not be disclosed or transferred to a third party without the written consent of the transferring Party. The Parties shall limit to maximum the number of individuals with access to information, which the transferring Party regards as confidential. Such information shall be treated in the Russian Federation as official information of limited distribution. Such information shall be protected in accordance with the legislation, rules and regulations of the Russian Federation. Such information shall be treated in the Republic of Zambia as official information of limited distribution. Such information shall be protected in accordance with the legislation, rules and regulations of the Republic of Zambia. All information transferred under this Agreement shall be used exclusively in accordance with this Agreement. 1. Cooperation within this Agreement does not affect intellectual property which was obtained by the Parties, the competent authorities and the authorized organizations independently out of the framework of the agreements (contracts), signed in the course of the implementation of this Agreement (hereinafter - background intellectual property). Granting the background intellectual property is the subject of separate agreements (contracts) concluded in the course of the implementation of this Agreement. The background intellectual property granted to the Party, the competent authority and the authorized organizations is used in accordance with the terms of the signed agreements (contracts) solely for the implementation of this Agreement and is not transferable to the third party without written consent of the Party, the competent authority and the authorized organizations that have granted the background intellectual property. The Parties, the competent authorities and the authorized organizations, in accordance with each Party's State legislation and the international treaties, the Parties have joined, take all necessary measures to provide the protection of the results of intellectual activity and intellectual property created within this Agreement and the background intellectual property that is necessary for the implementation of this Agreement. 2. The procedure and terms of vesting the rights, providing the legal protection of the results of intellectual activity created within this Agreement, disposal of the intellectual property, and their protection are defined in separate agreements (contracts) concluded by the Parties, the competent authorities and the authorized organizations during the implementation of this Agreement. The granting of the background intellectual property and (vesting) rights distribution of the results of intellectual activity jointly created in the course of the implementation of this Agreement, the Parties, the competent authorities and the authorized organizations provide in the signed agreements (contracts) obligations, applied to: guaranty proper protection of the intellectual property created during the implementation of this Agreement, and the background intellectual property as well; grant and use of the background intellectual property only after providing its legal protection on the territory of the state of use, where this intellectual property is planned to be used; considerate in a proper way the corresponding deposits of the Parties, the competent authorities and the authorized organizations when distributing (vesting) the rights on the results of intellectual activity jointly created during the implementation of this Agreement, and gains of it use; provide legal protection, application submission for registration and patenting of legally acknowledged results of intellectual activity mutually created during execution of this Agreement by mutual written agreement of the Parties, the competent authorities and the authorized organizations and nondisclosure and protection of the data concerning such intellectual property and results before acceptance and implementation of the relevant decision on their legal protection as well; guaranty proper protection of know-how; compensate losses due to misuse of the intellectual property and know-how. 3. In order to avoid unauthorized access to information and intellectual property which can be transferred within this Agreement, the Parties, the competent authorities and the authorized organizations have the right to use any means of information security in accordance with the procedure envisaged by the legislation of each states of the Parties. 4. The Parties, the competent authorities and the authorized organizations take all necessary actions gratis in order to provide, vest and grant rights to the results of intellectual activity, in accordance with the agreements (contracts) concluded for the purpose of implementation of this Agreement. Export of nuclear materials, equipment, special non-nuclear material and respective technology, as well as dual use items under this Agreement shall be implemented in accordance with the obligations of the Party's State arising from the Parties to the Treaty on the Non-proliferation of Nuclear Weapons of July 1, 1968, and other international treaties and agreements within the framework of the multilateral mechanisms of export control to which the Russian Federation and/or the Republic of Zambia are the parties to. Nuclear materials, equipment, special non-nuclear materials and respective technologies, as well as nuclear and special non-nuclear materials, facilities and equipment produced thereof or as a result of their use, received by the Republic of Zambia under this Agreement: shall not be used for the manufacturing of nuclear weapons and other nuclear explosive devices or any other military purpose; shall be under the International Atomic Energy Agency safeguards in accordance with the provisions of the Agreement between the Republic of Zambia and the International Atomic Energy Agency for the Application of Safeguards in Connection with the Treaty on the Non-Proliferation of Nuclear weapons of September 22, 1994 and the Protocol between the Republic of Zambia and the International Atomic Energy Agency, additional to the Agreement between the Republic of Zambia and International Atomic Energy Agency for the Application of Safeguards in the Republic of Zambia, of May 13, 2009, during the entire period if their actual presence in the territory or under the jurisdiction of the Republic of Zambia; shall be provided with physical protection measures at a level not lower than the levels recommended by the International Atomic Energy Agency (INFCIRC/225/Rev.5), with provision for revisions in this document; shall be exported or re-exported from the jurisdiction of the Republic of Zambia to any other country only with prior written consent of the Russian Federation according to the terms and conditions mentioned in such consent. Nuclear material transferred to the Republic of Zambia under this Agreement shall not be enriched to 20 percent or more in uranium-235 and shall not be enriched or reprocessed without prior written consent of the Russian Federation. Dual use items and related technology used for nuclear purposes received from the Russian Federation under this Agreement and any reproduced copies thereof: shall be used only for declared purposes that are not connected with activities of manufacturing nuclear explosive devices; shall not be used to carry out any activities in the field of nuclear fuel cycle that are not subject to the IAEA safeguards; shall not be copied, modified, re-exported, and transferred to third parties without written consent of the Russian authorized organizations. The parties shall cooperate on the issues of export control of nuclear materials, equipment, special non-nuclear materials and respective technologies, as well as dual use equipment, materials and related technologies. Control on the end use of supplied nuclear materials, equipment, special non-nuclear materials and respective technologies, as well as nuclear and special non-nuclear materials, facilities and equipment produced thereof or as a result of their use shall be exercised in a way agreed upon through consultations between the Parties. Facilities and technologies for chemical reprocessing of irradiated nuclear fuel, isotopic uranium enrichment and heavy water production, their major components or any items produced thereof, as well as uranium enriched to 20 percent or more in uranium-235, plutonium and heavy water shall not be transferred under this Agreement. Civil liability for nuclear damage that may arise from the implementation of cooperation under this Agreement shall be governed by the Parties in accordance with the legislations of the Russian Federation and the Republic of Zambia, as well as the international commitments of the Party's State. Liability for nuclear damage that may arise from the implementation of cooperation under this Agreement shall be determined in appropriate agreements (contracts) concluded in accordance with Article 7 of the Agreement and in accordance with the legislations of the Party's State. Any disputes arising from the application or interpretation of the provisions of this Agreement shall be settled by consultations or negotiations between the Parties and/or competent authorities of the Parties. If there is a conflict between an article of this Agreement and an article of an agreement or contract, concluded in the framework of this Agreement, then this Agreement has a higher priority. This Agreement may be amended through the Parties' mutual consent executed in the written form. This Agreement shall not interfere with the rights and obligations of either Party arising from other international treaties it is party to. This Agreement shall enter into force from the date of the last notification by one Party to the other Party - in writing and through diplomatic channels - to have completed the necessary intergovernmental procedures for entry into force of this Agreement. The duration of this Agreement is ten years and will be automatically renewed for a period (or periods) of five (5) consecutive years, unless one Party notifies the other - in writing and through diplomatic channels - about its desire to cancel this Agreement, six months before its expiration. The termination of the Agreement shall not affect the implementation of programs and projects initiated while this Agreement has been in force and not completed by the date of its termination, unless otherwise agreed by both Parties. In case of termination of this Agreement the obligations of the Parties under Articles 8 - 12 of this Agreement shall remain in force. Done at Moscow, on the 31st day of May 2016 in duplicate, in Russian and English languages, both being equally authentic. ---