Статья 15«Соглашение между Правительством Российской Федерации и Правительством Республики Руанда о сотрудничестве в области использования атомной энергии в мирных целях» [рус., англ.]

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 первоначального или очередного периода о своем намерении прекратить действие настоящего Соглашения.

Прекращение действия настоящего Соглашения не затрагивает программ, проектов и договоров (контрактов), выполнение которых начато в период действия настоящего Соглашения 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 - 12 настоящего Соглашения остаются в силе.

Совершено в г. Москве 5 декабря 2018 г. в двух экземплярах, каждый на русском и английском языках, причем оба текста имеют одинаковую силу.

The Government of the Russian Federation and the Government of the Republic of Rwanda, hereinafter referred to as «the Parties»,

mindful that the Parties' 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 the 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 Rwanda and the International Atomic Energy Agency for the Application of Safeguards in connection with the Treaty on the Non-Proliferation of Nuclear Weapons of November 18, 2009,

acknowledging that the use of nuclear energy for peaceful purposes based on nuclear and radiation safety standards is an important factor in ensuring social and economic development of both Parties' States,

desiring to contribute to further cooperation between the Parties' States in the field of the use of nuclear energy for peaceful purposes, and

Article 1

The terms that are used in this Agreement have the meanings identified in the International Atomic Energy Agency documents «Guidelines for the Export of Nuclear Material, Equipment and Technology» (INFCIRC/254/Part 1 and INFCIRC/254/Part 2) and their further amendments which will be made. Any amendment made will be valid in the framework of this Agreement only in case if the Parties inform each other in written form through diplomatic channels about such amendment.

The term «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 terms that are used in this Agreement have the following meanings:

1. The term «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.

2. The term «information about the results of intellectual activity» means information contained in documents and (or) other tangible media, which comprise the results of intellectual activity and contains limitation mark of access to and distribution.

3. The term «background intellectual property» means intellectual property obtained not in connection with performance of any agreements (contracts), concluded in the course of the implementation of this Agreement, which belongs to the Party's State and (or) its competent authorities and (or) authorized organizations, and (or) other legal and physical entities of each Party's States which is used in the course of the implementation of this Agreement.

4. The term «the results of intellectual activity» means scientific, engineering, technical and technological solutions contained in engineering, scientific and technical documents and embedded in products that are developed, manufactured and delivered through the cooperation in the course of performing this Agreement.

5. The term «know-how» means information of any type (production, technological, economic, organizational, and others), on the results of intellectual activity in the area of science and technology and information on methods of carrying out the professional activity having real or potential commercial value because it is unknown to third persons, to which such persons have no legal open access and with respect to which the owner of such information takes reasonable measures to ensure confidentiality, including introducing a regime of trade secret.

6. The term «foreground intellectual property» means intellectual property developed in the course of performing joint activities (cooperation) under this Agreement.

Article 2

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 legislation of each Party's State.

Article 3

Areas of Cooperation

The Parties shall implement cooperation in the following areas:

1. assistance in establishment and enhancement of the nuclear infrastructure of the Republic of Rwanda, including governmental regulation of safety in accordance with the international recommendations;

2. design and construction of nuclear and research reactors, water desalination facilities and atomic particle accelerators;

3. exploration and mining of uranium and thorium deposits, study of mineral resources of the Republic of Rwanda for the development of its nuclear industry;

4. nuclear fuel cycle services for nuclear power plants and research reactors;

5. radioactive waste management;

6. nuclear and radiation safety and security, emergency response;

7. nuclear safety and radiological protection regulation, control of physical protection of nuclear materials, nuclear facilities, radiation sources, storage areas of nuclear materials and radioactive materials, systems of accounting and control of nuclear materials, radioactive materials and radioactive waste;

8. research and manufacturing of materials, components and technologies for nuclear and research reactors, as well as technologies 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;

9. usage of simulators for training of personnel for nuclear industry, equipment for radioactive waste management and personnel training;

10. basic and applied research and studies in the field of the use of nuclear energy for peaceful purposes;

11. production and application of radioisotopes in industry, medicine and agriculture;

13) other areas of cooperation that may be agreed upon by the Parties in written form through diplomatic channels.

Article 4

Forms of Cooperation

1. Cooperation in the areas covered by Article 3 of this Agreement shall be implemented in the following forms:

1. establishment of joint working groups to implement specific projects and scientific research;

2. exchange of experts;

3. organization of workshops and symposia;

5) exchange of scientific and technical information;

2. Cooperation may be executed in other forms agreed upon by the Parties in written form through diplomatic channels.

Article 5

For the Russian Party the competent authorities shall be the State Atomic Energy Corporation «Rosatom» and the Federal service for ecological, technological and atomic inspectorate (for the area concerning nuclear safety and radiological protection regulation, control of physical protection of nuclear materials, nuclear facilities, radiation sources, storage areas of nuclear materials and radioactive materials, systems of accounting and control of nuclear materials, radioactive materials and radioactive waste, as well as training of the personnel of the security and radiological protection Regulator of the Republic of Rwanda).

For the Rwandan Party the competent authorities shall be the Ministry of Infrastructure of the Republic of Rwanda and the Rwanda Utilities Regulatory Authority (for the area concerning nuclear safety and radiological protection regulation, control of physical protection of nuclear materials, nuclear facilities, radiation sources, storage areas of nuclear materials and radioactive materials, systems of accounting and control of nuclear materials, radioactive materials and radioactive waste).

2. The Parties shall notify each other without delay through diplomatic channels in written form in case of change of the competent authorities, their names or functions.

Article 6

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.

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.

Article 7

Authorized Organizations

Cooperation in the areas referred to in Article 3 of this Agreement shall be implemented by Russian and Rwandan organizations authorized by the competent authorities of the Parties (hereinafter — authorized organizations) by concluding agreements (contracts) that determine the scope of cooperation, rights and obligations of participants to agreements (contracts), financial and other terms of cooperation in accordance with the legislation of each Party's State.

Authorized organizations shall ensure inclusion into agreements (contracts) concluded by authorized organizations and other participants to the agreements (contracts) the conditions necessary to ensure that such agreements (contracts) comply with the provisions of this Agreement.

Information constituting the State secret of the Russian Federation and the State secret of the Republic of Rwanda 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», 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 of the Russian Federation.

Such information shall be treated in the Republic of Rwanda as official information of limited distribution. Such information shall be protected in accordance with the legislation of the Republic of Rwanda.

All information transferred under this Agreement shall be used exclusively in accordance with this Agreement.

Article 9

Intellectual Property

1. Granting of rights to the background intellectual property is the subject of separate agreements (contracts) to be concluded in the course of the implementation of this Agreement.

The background intellectual property granted to the Party, its competent authorities or authorized organizations shall only be used strictly in accordance with the terms and conditions of the agreements (contracts) concluded for the purposes of implementation of this Agreement. The background intellectual property shall not be granted to any third party without prior written consent of the Party, its competent authorities or authorized organizations that have granted the background intellectual property.

The Parties, its competent authorities and authorized organizations in accordance with each Party's State legislation and international treaties, that the respective Party's State has joined, shall take all necessary measures to provide protection of the results of intellectual activity, foreground intellectual property and the background intellectual property that is necessary for the implementation of this Agreement.

2. The procedure, the terms and conditions of vesting the rights, providing legal protection of the results of intellectual activity, legal disposal and protection of the intellectual property shall be set forth in the agreements (contracts) to be concluded in the course of the implementation of this Agreement.

3. The authorized organizations shall stipulate in the agreements (contracts) to be concluded in the course of the implementation of this Agreement obligations concerning the granting of rights to the background intellectual property, allocation (vesting) of rights to the results of intellectual activity jointly created in the course of the implementation of this Agreement, as well as legal protection of foreground intellectual property. In particular, such obligations shall:

1. ensure adequate and secure protection of the results of the intellectual activity and jointly developed intellectual property, as well as background intellectual property;

2. stipulate that granting of rights and usage of any background intellectual property may take place only after providing its legal protection on the territory of the state of use, where such intellectual property is planned to be used;

3. ensure that the contribution made by each Party, the competent authorities or the authorized organizations is adequately measured and taken into account in the process of allocating (vesting) the rights on the results of intellectual activity jointly created in the course of the implementation of this Agreement, as well as in the process of distributing the proceeds generated by their use;

4. set forth a procedure to ensure legal protection of the results of intellectual activity jointly created in the course of the implementation of this Agreement and set forth a priority regarding filing of patent applications on the basis of that patent applications with respect to protectable (registrable) results of intellectual activity created on the territory of the Russian Federation shall be filed to the Federal Service for Intellectual Property in the first place, and patent applications with respect to protectable (registrable) results of intellectual activity created on the territory of the Republic of Rwanda shall be filed to the patent office of the Republic of Rwanda in the first place;

6) retain for the owner of the background intellectual property control over its usage;

8. compensate losses due to misuse of the intellectual property, know-how and information about the results of intellectual activity.

4. The Party, its competent authorities or authorized organizations, which receive know-how and (or) information about the results of intellectual activity, transferred by the other Party, its competent authorities or authorized organizations, shall admit and recognize confidentiality of such know-how and (or) information and ensure its (their) security and protection.

Granting and usage of know-how and (or) infonnation about the results of intellectual activity, shall take place only if and when its (their) security and protection are adequately ensured by the Receiving Party, its competent authorities or authorized organizations.

The Receiving Party, its competent authorities or authorized organizations shall ensure that the level of security and protection of any know-how and (or) information about the results of intellectual activity is at least at the same level as that applied by the Disclosing Party, its competent authorities or authorized organizations.

Any know-how and (or) information about the results of intellectual activity granted in the course of performing this Agreement shall be used strictly for the purposes of performing this Agreement and in accordance with the terms and conditions of the agreements (contracts) to be concluded in the course of the implementation of this Agreement.

The Receiving Party, its competent authorities or authorized organizations shall not use such know-how and (or) information about the results of intellectual activity without prior written consent of the Disclosing Party, its competent authorities or authorized organizations in its own research and development activities, design, technical and engineering solutions.

The Receiving Party, its competent authorities or authorized organizations shall not disclose, publish, use commercially any such know-how and (or) information about the results of intellectual activity or grant it to any third state, any international organization or any third party.

The Disclosing Party, its competent authorities or authorized organizations shall retain the rights and title to any protectable (registrable) results of intellectual activity contained in any know-how and (or) information about the results of intellectual activity granted to the Receiving Party, its competent authorities or authorized organizations. The Receiving Party, its competent authorities or authorized organizations shall not seek to secure (vest) any rights for such protectable (registrable) results. In the event of breach of this clause, the Receiving Party, its competent authorities or authorized organizations shall cede (alienate) the rights and title for such results to the Disclosing Party, its competent authorities or authorized organizations in full and free of charge.

5. In order to avoid any unauthorized access to know-how and (or) information about the results of intellectual activity, which may be granted (transferred) within this Agreement, the Parties, their competent authorities and authorized organizations shall have the right to use any means of information security and to furnish products that embed and (or) constitute the results of intellectual activity, which are transferred within this Agreement with technological measures that limit unauthorized copying, changing and (or) modification in accordance with the procedure envisaged by the legislation of the respective Party's State.

6. The Parties, their competent authorities and authorized organizations shall take all necessary actions free of charge in order to provide vesting and granting of rights to the results of intellectual activity and foreground intellectual property to the legitimate owner in accordance with the terms and conditions of this Agreement and of the agreements (contracts) to be concluded in the course of the implementation of this Agreement.

Article 10

Non-proliferation and Safeguards

1. Export of nuclear materials, equipment, special non-nuclear materials and respective technologies, as well as dual use items under this Agreement shall be implemented in accordance with the obligations of the Parties 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 Rwanda are the parties to.

1) shall not be used for the manufacturing of nuclear weapons and other nuclear explosive devices or any other military purpose;

3. shall be provided with physical protection measures at a level not lower than the levels recommended by the International Atomic Energy Agency, with provision for revisions in Nuclear Security Recommendations on Physical Protection of Nuclear Material and Nuclear Facilities (INFCIRC/225/Rev.5);

3. Nuclear material transferred to the Republic of Rwanda 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 competent authority of the Disclosing Party issued in accordance with the legislation of the Russian Federation.

1. shall be used only for declared purposes that are not connected with activities of manufacturing of nuclear explosive devices;

2. shall not be used to carry out any activities in the field of nuclear fuel cycle that are not subject to the International Atomic Energy Agency Safeguards;

5. 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. 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.

Article 11

Transfer of Enriched Materials

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.

Article 12

Liability for Nuclear Damage

Civil liability for nuclear damage that may arise from the implementation of cooperation under this Agreement shall be governed by the Parties according to the provisions of Vienna Convention on Civil Liability for Nuclear Damage of May 21, 1963, herewith the mentioned convention shall be applied to the cooperation under this Agreement as if the Republic of Rwanda is the party to.

Article 13

Settlement of Disputes

Any disputes arising from the application or interpretation of the provisions of this Agreement shall be settled by consultations or negotiations between the competent authorities of the Parties in case otherwise agreed between 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, the provisions of this Agreement shall prevail.

Article 14

Amendments to the Agreement

This Agreement may be amended through the conclusion of separate protocols by the Parties.

Article 15

Entry into Force, Duration and Termination

This Agreement shall enter into force from the date of the receipt through diplomatic channels of the last written notification of the completion by the Parties of internal procedures necessary for its entry into force.

The duration of this Agreement is ten (10) years and will be automatically renewed for consecutive 5-year periods, unless either Party notifies the other Party through diplomatic channels in writing about its desire to terminate this Agreement six months prior to the expiration of the initial or consequent period.

The termination of this Agreement shall not affect the programs, projects and contracts 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 the Articles 8 — 12 of this Agreement shall remain in force.

Done at Moscow, on the 5th of December, 2018 in duplicate in the Russian and English languages, both texts being equally authentic.

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