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

1. 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.

2. Настоящее Соглашение заключается сроком на 5 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 о своем намерении прекратить действие настоящего Соглашения в соответствии с пунктом 3 настоящей статьи.

3. Любая из Сторон может по дипломатическим каналам в письменной форме уведомить другую Сторону не менее чем за 6 месяцев до истечения срока действия Соглашения о своем намерении прекратить действие настоящего Соглашения.

4. 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.

5. В случае прекращения действия настоящего Соглашения обязательства Сторон в соответствии со статьями 8 - 12 настоящего Соглашения остаются в силе.

Совершено в г. Янгон 6 февраля 2023 г. в двух экземплярах, каждый на русском, английском и мьянманском языках, при этом все тексты имеют одинаковую силу. В случае возникновения разногласий в толковании настоящего Соглашения используется текст на английском языке.

The Government of the Russian Federation and the Government of the Republic of the Union of Myanmar, hereinafter referred to as the Parties and individually as the Russian Party and Myanmar Party subsequently,

mindful that Parties' States are members of the International Atomic Energy Agency and are the Parties to the Treaty on the Non-proliferation of Nuclear Weapons of July 1, 1968,

and mindful that the Russian Federation and the Republic of the Union of Myanmar are Parties of the Convention on Early Notification of a Nuclear Accident of September 26, 1986, and of the Convention on the Physical Protection of Nuclear Material and Nuclear Facilities of October 26, 1979,

taking into consideration the Agreement between the Government of the Russian Federation and the Government of the Union of Myanmar on cooperation in the construction of a Nuclear Research Center in the Union of Myanmar of 15 May, 2007;

acknowledging that the use of nuclear energy for peaceful purposes as well as of nuclear and radiation safety are the important factors for ensuring social and economic development of the Parties' States;

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

Article 1

The terms that are used in this Agreement have the meanings identified in the International Atomic Energy Agency documents containing 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 both the Parties inform each other in written through diplomatic channels on their acceptance of 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. «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. «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 authority and (or) authorized organizations, and other legal entities and (or) individuals of each of the Party's States which is used in the course of the implementation of this Agreement;

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

4. «Know how» means information of any nature (manufacturing, technical, economic, organizational and others) on the results of intellectual activity in scientific and technical fields and information on methods of carrying out of professional activity having real or potential commercial value due to being unknown to third parties provided that third parties have no free legal access to the such information and its owner takes reasonable measures in order to ensure its confidentiality, including introducing a regime of trade secret;

5. «Foreground intellectual property» means intellectual property developed in the course of performing joint activities (cooperation) under this Agreement.

Article 2

The Parties shall develop cooperation in the 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, the provisions of International Treaties, that both States are parties to, and legislations of each of the Party's States.

Article 3

The Parties shall implement cooperation in the following areas:

1. assistance in establishment and enhancement of the atomic energy infrastructure of the Republic of the Union of Myanmar in accordance with the system of state safety regulations based on Russian experience and International Atomic Energy Agency recommendations;

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

3. exploration and mining of uranium deposits, study of raw material base of the Republic of the Union of Myanmar for the development of its nuclear industry for peaceful purposes;

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

5. radioactive waste management;

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

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

8. development and manufacturing of materials, components and technology for power and research nuclear reactors, as well as technology for production of durable strength metals, fuel fabrication and fuel quality control, blankets, absorbers, moderators and other reactor elements under the Treaty on the Non-Proliferation of Nuclear weapons of July 1, 1968;

9. usage of simulators for personnel training for nuclear industry including work on equipment for radioactive waste management;

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;

12. usage of nuclear and radiation technologies in medicine, industry and for other peaceful purposes;

13. education and training of experts for nuclear industry, including personnel for security and radiological protection regulator of the Republic of the Union of Myanmar;

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

Article 4

Cooperation in the areas covered by Article 3 of the 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. organizing of workshops and symposia;

4. assistance in training of scientific and technical personnel;

5. exchange of scientific and technical information;

6. supply of equipment, materials and components.

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

Article 5

Each Party shall designate the following competent authorities for the purpose of implementation of this Agreement:

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 and radiation safety, control of physical protection of nuclear materials, nuclear facilities, radiation sources, storage areas of nuclear and radioactive substances, accounting and control systems of nuclear materials, radioactive substances and radioactive waste, including assistance for establishment and enhancement of the Republic of the Union of Myanmar system of the state regulatory of atomic energy use, and training of the personnel of nuclear and radioactive regulator of the Republic of the Union of Myanmar);

for the Myanmar Party the competent authority shall be Ministry of Science and Technology of the Republic of the Union of Myanmar.

In the case of change of the competent authorities, their names or functions, the Parties shall immediately notify each other in written form through diplomatic channels.

Article 6

The competent authorities of the Parties shall establish a Joint Coordination Committee consisting of representatives designated by the competent authorities of the Parties to monitor the implementation of this Agreement, consideration of 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 the Union of Myanmar 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 in the framework of implementation of this Agreement.

Article 7

Cooperation in the areas envisaged in Article 3 of this Agreement shall be implemented by the Russian and Myanmar 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 authorized organizations and other participants of the agreements (contracts), financial and other terms of cooperation in accordance with the legislation of each of the Parties' States.

Authorized organizations shall ensure that agreements (contracts) envisage terms and conditions required to guarantee that the authorized organizations and other participants to the agreements (contracts) comply with the provisions of this Agreement.

Article 8

In the framework of this Agreement the information that constitutes State secret of the Russian Federation and (or) the State secret of the Republic of the Union of Myanmar shall not be transferred.

Information transferred in the framework 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 in the framework of the Agreement shall mark such information in the Russian language as «Для служебного пользования», in the English language as «Confidential» and in the Myanmar language as « ».

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 any 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 the Union of Myanmar as official information of limited distribution. Such information shall be protected in accordance with the legislation of the Republic of the Union of Myanmar.

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

Article 9

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

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

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

3. The competent authorities of the Parties or 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 the right 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:

1. 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;

2. ensure that the contribution, including background intellectual property, made by each Party, their competent authorities or the authorized organizations is adequately measured and taken into account in the process of allocating (vesting) of rights to 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;

3. 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 as well as 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 (Rospatent) in the first place, and patent applications with respect to protectable (registrable) results of intellectual activity created on the territory of the the Republic of the Union of Myanmar shall be filed to the Ministry of Commerce of the Republic of the Union of Myanmar (Department of Intellectual Property) in the first place;

4. ensure protection of the results of intellectual activity and (or) know-how created in the course of the implementation of this Agreement until relevant decisions as to their legal protection have been made and implemented;

5. retain for the owner of the background intellectual property right of control over its use;

6. set forth a procedure of compensation of losses due to misuse of the intellectual property the results of intellectual activity and (or) know-how.

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

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

Any of the results of intellectual activity and (or) know-how granted in the course of performing this Agreement shall be used strictly for the purposes of performing this Agreement 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 the authorized organizations shall ensure that the level of security and protection of any results of intellectual activity and (or) know-how is at least at the same level as that applied by the Disclosing Party, its competent authorities or the authorized organizations.

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

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

The Disclosing Party, its competent authorities or the authorized organizations shall retain the right to apply and receive the patent to any protectable (registrable) results of intellectual activity contained in the results of intellectual activity and (or) know-how granted to the Receiving Party. The Receiving Party, its competent authorities or the 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 the authorized organizations shall cede (alienate) free of charge the rights and title for such results to the Disclosing Party, its competent authorities or the authorized organizations in full and free of charge.

5. In order to avoid any unauthorized access to the results of intellectual activity and (or) know-how, which may be granted within this Agreement, the Parties, their competent authorities and the 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 or the intellectual property, which are granted 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 the authorized organizations shall take all necessary actions free of charge in order to provide, vest and grant 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

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' States arising from 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 the Union of Myanmar 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 the Union of Myanmar under this Agreement:

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

2. shall be under the International Atomic Energy Agency safeguards in accordance with the Agreement between the Union of Myanmar and International Atomic Energy Agency on the application of safeguards under the Treaty on the Non-proliferation of Nuclear Weapons April 20, 1995;

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

4. shall be re-exported or transferred from the jurisdiction of the Republic of the Union of Myanmar to any other state only according to the terms and conditions mentioned in this Article.

Nuclear material transferred to the Republic of the Union of Myanmar 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 transferring Party done in accordance with the legislation of the Russian Federation.

Dual use items and related technologies used for nuclear purposes received from the Russian Federation under this Agreement and any reproduced copies thereof:

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

3. shall not be copied, modified, re-exported, and transferred to third party without written consent of the Russian organization, issued according to legislation of the Russian Federation.

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 items. Control of the 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

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

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 Vienna Convention on Civil Liability for Nuclear Damage of May 21, 1963. At the same time non-participation of the Myanmar Party in the Vienna Convention on Civil Liability for Nuclear Damage of May 21, 1963 shall not be the basis for denial of application of its provisions to the cooperation between the Parties under this Agreement.

Article 13

Any disagreements between the Parties related to the application and (or) interpretation of the provisions of this Agreement shall be settled by consultations or negotiations between the competent authorities of the Parties, unless otherwise agreed between the Parties.

In the event of any discrepancy between the provisions of this Agreement and agreements (contracts), concluded within the framework of this Agreement, the provisions of this Agreement shall prevail.

Article 14

This Agreement may be amended by mutual consent of both Parties in writing. These amendments shall be an integral part of the Agreement and shall be executed as separate protocols.

Article 15

1. 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 the internal procedures necessary for its entry into force.

2. The duration of this Agreement is 5 years and will be automatically renewed for a period (or periods) of 5 consecutive years, unless one Party notifies the other in writing and through diplomatic channels about its desire to terminate this Agreement in accordance with clause 3 of this Article.

3. Either Party may notify the other Party through diplomatic channels in writing about its desire to terminate this Agreement, by giving a notice six months before its termination.

4. The termination of the Agreement shall not affect the implementation of programs, projects and agreements (contracts) initiated while this Agreement has been in force and not completed by the date of its termination, unless otherwise agreed by the both Parties.

5. 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 Yangon, on February 6, 2023 in duplicate, in Russian, Myanmar and English languages, each text being equally authentic. Should any dispute concerning the interpretation of this Agreement arise, the English text shall be used.

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