Proposed Subsequent Arrangement, 32640-32643 [2013-12694]

Download as PDF 32640 Federal Register / Vol. 78, No. 105 / Friday, May 31, 2013 / Notices Note: The official version of this document is the document published in the Federal Register. Free Internet access to the official edition of the Federal Register and the Code of Federal Regulations is available on GPO Access at: www.gpoaccess.gov/nara/ index.html. Deborah S. Delisle, Assistant Secretary, Office of Elementary and Secondary Education. [FR Doc. 2013–12954 Filed 5–30–13; 8:45 am] BILLING CODE 4000–01–P DEPARTMENT OF ENERGY Environmental Management SiteSpecific Advisory Board, Paducah Department of Energy (DOE). Notice of Open Meeting. AGENCY: ACTION: SUMMARY: This notice announces a meeting of the Environmental Management Site-Specific Advisory Board (EM SSAB), Paducah. The Federal Advisory Committee Act (Pub. L. 92–463, 86 Stat. 770) requires that public notice of this meeting be announced in the Federal Register. DATES: Thursday, June 20, 2013; 6:00 p.m. Barkley Centre, 111 Memorial Drive, Paducah, Kentucky 42001. ADDRESSES: FOR FURTHER INFORMATION CONTACT: Rachel Blumenfeld, Deputy Designated Federal Officer, Department of Energy Paducah Site Office, Post Office Box 1410, MS–103, Paducah, Kentucky 42001, (270) 441–6806. SUPPLEMENTARY INFORMATION: Purpose of the Board: The purpose of the Board is to make recommendations to DOE–EM and site management in the areas of environmental restoration, waste management and related activities. Tentative Agenda • Call to Order, Introductions, Review of Agenda • Administrative Issues • Public Comments (15 minutes) • Adjourn tkelley on DSK3SPTVN1PROD with NOTICES Breaks Taken as Appropriate Public Participation: The EM SSAB, Paducah, welcomes the attendance of the public at its advisory committee meetings and will make every effort to accommodate persons with physical disabilities or special needs. If you require special accommodations due to a disability, please contact Rachel Blumenfeld as soon as possible in advance of the meeting at the telephone number listed above. Written statements VerDate Mar<15>2010 17:40 May 30, 2013 Jkt 229001 may be filed with the Board either before or after the meeting. Individuals who wish to make oral statements pertaining to agenda items should contact Rachel Blumenfeld at the telephone number listed above. Requests must be received as soon as possible prior to the meeting and reasonable provision will be made to include the presentation in the agenda. The Deputy Designated Federal Officer is empowered to conduct the meeting in a fashion that will facilitate the orderly conduct of business. Individuals wishing to make public comments will be provided a maximum of five minutes to present their comments. The EM SSAB, Paducah, will hear public comments pertaining to its scope (cleanup standards and environmental restoration; waste management and disposition; stabilization and disposition of non-stockpile nuclear materials; excess facilities; future land use and long-term stewardship; risk assessment and management; and cleanup science and technology activities). Comments outside of the scope may be submitted via written statement as directed above. Minutes: Minutes will be available by writing or calling Rachel Blumenfeld at the address and phone number listed above. Minutes will also be available at the following Web site: https:// www.pgdpcab.energy.gov/ 2013Meetings.html. Issued at Washington, DC, on May 24, 2013. LaTanya R. Butler, Deputy Committee Management Officer. [FR Doc. 2013–12914 Filed 5–30–13; 8:45 am] BILLING CODE 6450–01–P DEPARTMENT OF ENERGY Proposed Subsequent Arrangement Office of Nonproliferation and International Security, Department of Energy. ACTION: Proposed Subsequent Arrangement. AGENCY: SUMMARY: The Department is providing notice of a proposed agreement between the Government of the United States of America and the Government of the Republic of Korea that is being processed as a subsequent arrangement. DATES: This subsequent arrangement will take effect no sooner than June 17, 2013. FOR FURTHER INFORMATION CONTACT: Mr. Sean Oehlbert, Office of Nonproliferation and International Security, National Nuclear Security Administration, Department of Energy. PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 Telephone: 202–586–3806 or email: Sean.Oehlbert@nnsa.doe.gov. The agreement being processed as a subsequent arrangement is the proposed Agreement between the Government of the United States of America and the Government of the Republic of Korea Relating to the Transfer of Certain Nuclear Technologies in the Course of the Joint Fuel Cycle Study (the Agreement) being conducted by authorized technical experts from the United States of America and the Republic of Korea (ROK). The Joint Fuel Cycle Study (JFCS) will explore the technical and economic feasibility and the nonproliferation acceptability of the electrochemical recycling process and of other spent fuel management options. The purpose of the Agreement is to establish legal procedures and controls governing the transfer of technologies under the course of the JFCS that are necessary for its successful completion. The U.S. Government has concluded that electrochemical recycling technology as defined in the Agreement is sensitive nuclear technology (SNT) within the meaning of Section 4(a)(5) of the Nuclear Non-Proliferation Act of 1978 (22 USC 3203(a)(5)), and that the transfer of such technology to the ROK is necessary for the successful completion of the JFCS. Sections 127 and 128 of the Atomic Energy Act of 1954, as amended (AEA), impose certain requirements on the export of SNT. In order to meet those requirements and proceed with the transfer of SNT as part of this cooperation, the U.S. Government must obtain the ROK government’s agreement to conditions on the transferred SNT and any nuclear material or equipment produced through its use. The Agreement was explicitly developed to meet the requirements of AEA Sections 127 and 128 regarding the transfer of SNT to the ROK and contains all the terms and conditions required therein. The Agreement would impose reciprocal obligations on both the U.S. Government and the ROK government regarding all technology transferred under the Agreement, including SNT, except insofar as the Agreement reflects the different obligations of the two governments under their respective safeguards agreements with the International Atomic Energy Agency (IAEA). Although the Agreement would not be concluded pursuant to an agreement for nuclear cooperation entered into pursuant to Section 123 of the AEA, the results of the collaboration eventually may be applicable to spent nuclear fuel SUPPLEMENTARY INFORMATION: E:\FR\FM\31MYN1.SGM 31MYN1 Federal Register / Vol. 78, No. 105 / Friday, May 31, 2013 / Notices in the ROK that is subject to the Agreement for Cooperation Between the Government of the United States of America and the Government of the Republic of Korea Concerning Civil Uses of Atomic Energy, signed at Washington November 24, 1972, as amended, or a successor agreement. Moreover, as noted above, the U.S. Government considers electrochemical recycling technology, as defined in the Agreement, to be SNT under U.S. law, as it constitutes information not available to the public that is important to the design, construction, fabrication, operation or maintenance of a nuclear fuel reprocessing facility. Taking these factors into account, the Department of Energy and the Department of State have concluded that it would be appropriate to follow the consultation and review procedures in AEA Section 131a. concerning subsequent arrangements prior to entering into the Agreement and for the Department of State to prepare a Nuclear Proliferation Assessment Statement. As provided in Section 131a. of the Atomic Energy Act of 1954, as amended, I have determined that this subsequent arrangement will not be inimical to the common defense and security. In reaching this determination, all relevant factors were considered, including the Nuclear Proliferation Assessment Statement provided by the Department of State. tkelley on DSK3SPTVN1PROD with NOTICES Dated: May 14, 2013. Daniel B. Poneman, Acting Secretary of Energy. Agreement Between the Government of the United States of America and the Government of the Republic of Korea Relating to the Transfer of Certain Nuclear Technologies in the Course of the Joint Fuel Cycle Study The Department of State refers the Embassy of the Republic of Korea to the collaboration between the Government of the United States of America (United States) and the Government of the Republic of Korea (ROK) considering the technical, economic, and nonproliferation aspects of spent fuel management technologies in the course of the Joint Fuel Cycle Study undertaken by our two governments beginning in April 2011 (such collaboration being hereinafter referred to as the ‘‘Collaboration’’). The Department of State proposes the following agreement (the ‘‘Agreement’’) with respect to the transfer of the technologies described in Section I (2) below between the United States and the ROK in connection with the Collaboration: VerDate Mar<15>2010 17:40 May 30, 2013 Jkt 229001 I. For purposes of this Agreement, the following terms shall have the following meanings: 1. ‘‘Parties’’ shall mean the Government of the United States of America and the Government of the Republic of Korea. 2. ‘‘Technologies’’ (hereinafter referred to in whole or in part in this Agreement as the ‘‘technologies’’) shall mean the following: (a) Electrochemical recycling technology; and (b) Any other technology that the Parties agree in writing to make subject to the provisions of this Agreement in connection with the Collaboration. The term ‘‘technologies’’ does not include information that is in the public domain. Technologies may be in tangible form (such as a model, prototype, blueprint, operation manual, electronically stored data), or intangible form (such as technical services), and shall include information or data incorporated in equipment. 3. ‘‘Electrochemical recycling technology’’ shall mean all information on research, development, and design of all process steps and major critical components of electrochemical recycling (also known as pyroprocessing). For purposes of this Agreement, electrochemical recycling technology shall not include information on the pretreatment and oxide to metal electro-reduction steps in which transuranics are not capable of being separated. 4. ‘‘Transferred Technologies’’ shall mean any technologies (as defined in Section I (2) above) transferred between the Parties in accordance with Section IV of this Agreement in the course of the Collaboration at any time after entry into force of this Agreement, and shall include both the technologies as originally transferred and the technologies as modified or melded with other technology either through joint collaboration between the United States and the ROK or by either the United States or the Republic of Korea without participation of the other. Transfers of and cooperation on technologies subject to this Agreement may be undertaken directly between the Parties or through their Executive Agents or through authorized Persons, and may be accomplished through various means, including reports, data banks, computer programs, meetings, visits, and assignments of staff to facilities. Transfers of any technologies made in accordance with Section IV of this Agreement by one Party to individuals, wherever located, who are authorized by the other Party to receive information in the course of the PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 32641 Collaboration shall be deemed to be transfers to the authorizing country for purposes of this Agreement. 5. ‘‘Equipment’’ shall mean any installation, facility, system, device, substance or any other item other than nuclear material (including an especially designed component of any of the foregoing) that either Party has determined to be capable of making use of special nuclear material or of significance for nuclear explosive purposes. 6. ‘‘Nuclear material’’ shall mean (a) ‘‘source material,’’ namely, uranium containing the mixture of isotopes occurring in nature; uranium depleted in the isotope 235; thorium; any of the foregoing in the form of metal, alloy, chemical compound, or concentrate; any other substance containing one or more of the foregoing in such concentration as may be agreed to by the Parties; and (b) ‘‘special nuclear material,’’ namely, plutonium, uranium 233, uranium enriched in the isotope 233 or 235; any substance containing one or more of the foregoing; and such other substance as may be agreed to by the Parties. 7. ‘‘Produce,’’ when used in relation to special nuclear material, shall mean (a) to manufacture, make, produce, or refine special nuclear material; (b) to separate special nuclear material from other substances in which such material may be contained; or (c) to make or to produce new special nuclear material. 8. ‘‘Executive Agents’’ shall mean the Department of Energy for the United States and the Ministry of Education, Science and Technology for the Republic of Korea. 9. ‘‘Information in the public domain’’ shall mean information that has been made available without restrictions on its further dissemination. Copyright restrictions do not remove information from being in the public domain. 10. ‘‘Person’’ shall mean any individual or any entity subject to the jurisdiction of either Party but does not include the Parties to this Agreement. II. The Parties agree to the following requirements, provided that these requirements shall not apply to a Party with respect to specific technologies developed solely by that Party and transferred by it to the other Party. 1. Safeguards. (a) International Atomic Energy Agency (IAEA) safeguards as required by Article III (2) of the Treaty on the Non-Proliferation of Nuclear Weapons done at Washington, London, and Moscow on July 1, 1968 (NPT) shall be applied to any nuclear material within the territory or under the jurisdiction or control anywhere of the ROK used in or E:\FR\FM\31MYN1.SGM 31MYN1 tkelley on DSK3SPTVN1PROD with NOTICES 32642 Federal Register / Vol. 78, No. 105 / Friday, May 31, 2013 / Notices produced by or through the use of Transferred Technologies, including, but not limited to, nuclear material used in or produced by or through the use of equipment produced or constructed by or through the use of Transferred Technologies. (b) IAEA safeguards shall be maintained with respect to all peaceful nuclear activities in, under the jurisdiction of, or carried out under the control anywhere of the ROK. (c) Implementation of the Agreement between the Government of the Republic of Korea and the International Atomic Energy Agency for the application of safeguards in connection with the NPT, signed on October 31, 1975, which entered into force on November 14, 1975, and the Additional Protocol thereto, which entered into force on February 19, 2004, shall be considered to fulfill the requirements in paragraphs (a) and (b) of this Section II (1). (d) Any nuclear material within the territory or under the jurisdiction or control anywhere of the United States of America used in or produced by or through the use of Transferred Technologies, including, but not limited to, nuclear material used in or produced by or through the use of equipment produced or constructed by or through the use of Transferred Technologies, shall be subject to the agreement between the United States of America and the IAEA for the application of safeguards in the United States of America, signed on November 18, 1977, and entered into force on December 9, 1980, and the Additional Protocol thereto, which entered into force on January 6, 2009. (e) In the event that the IAEA safeguards agreement referred to in paragraph (c) of this Section II (1) is not being applied, the ROK shall enter into an agreement with the IAEA for the application of safeguards which provides for effectiveness and coverage equivalent to that provided by the safeguards agreement required by paragraph (c) or, if that is not possible, the Parties shall immediately establish safeguards arrangements for the application of safeguards which provide for effectiveness and coverage equivalent to that provided by the safeguards agreement required by paragraph (c). (f) In the event that the IAEA safeguards agreement referred to in paragraph (d) of this Section II (1) is not being applied, the United States shall enter into an agreement with the IAEA for the application of safeguards which provides for effectiveness and coverage equivalent to that provided by the VerDate Mar<15>2010 17:40 May 30, 2013 Jkt 229001 safeguards agreement required by paragraph (d), or if that is not possible, the Parties shall immediately establish safeguards arrangements for the application of safeguards which provide for effectiveness and coverage equivalent to that provided by the safeguards agreement required by paragraph (d). 2. Peaceful Use. Transferred Technologies, any nuclear material or equipment produced or constructed under the jurisdiction or control of either the United States or the ROK by or through the use of Transferred Technologies, including, but not limited to, nuclear material used in or produced through the use of equipment produced or constructed by or through the use of Transferred Technologies, shall not be used for any nuclear explosive device or for research on or development of any nuclear explosive device or for any other military purpose. 3. Physical Protection. (a) All necessary measures shall be maintained to ensure adequate protection of Transferred Technologies against loss, theft, or unauthorized access. (b) Adequate physical protection shall be maintained with respect to any nuclear material and equipment produced or constructed by or through the use of Transferred Technologies, including, but not limited to, nuclear material used in or produced through the use of equipment produced or constructed by or through the use of Transferred Technologies. To fulfill this requirement, such physical protection measures shall provide levels of protection at least equivalent to (i) the recommendations published in the IAEA document INFCIRC/225/Rev.4, ‘‘The Physical Protection of Nuclear Material and Nuclear Facilities,’’ and in any subsequent revision thereto accepted by both Parties, and (ii) the provisions of the Convention on the Physical Protection of Nuclear Material, adopted at Vienna October 26, 1979, and any amendments to the Convention that enter into force for both Parties. 4. Retransfer. Transferred Technologies, and nuclear material and equipment produced or constructed under the jurisdiction or control of the recipient Party by or through the use of Transferred Technologies, including, but not limited to, nuclear material used in or produced through the use of equipment produced or constructed by or through the use of Transferred Technologies, shall not be transferred to unauthorized Persons or beyond the territory, jurisdiction or control of either PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 the United States or the ROK (except to each other) unless the Parties agree, and unless the proposed recipient nation or nations provide assurances to the Parties that the proposed retransfer of technologies shall be subject to conditions equivalent to those set forth in Sections I–II, V, and X of this Agreement with respect to the transfer of the technologies. 5. Reprocessing and Other Alteration in Form or Content. (a) In light of the fact that this Agreement covers transfers of technologies for research and development, Transferred Technologies, and any equipment produced or constructed under the jurisdiction or control of either Party by or through the use of Transferred Technologies, shall be used solely for research and development purposes, and shall not be used to reprocess or otherwise alter in form or content any irradiated nuclear material within the territory or under the jurisdiction or control of either Party, unless the Parties agree. The Parties note that continuation of the research and development envisioned by the Collaboration may at some time in the future involve alteration in form or content of nuclear material. The Parties agree, therefore, to review at an appropriate time the issue of consent to alteration in form or content to support continued research and development in the Collaboration, and recognize that granting any such consent will be subject to compliance with any necessary domestic legal requirements of the Party granting the consent. (b) No nuclear material produced by or through the use of Transferred Technologies, including, but not limited to, nuclear material used in or produced through the use of equipment produced or constructed by or through the use of Transferred Technologies, shall be reprocessed, and no irradiated fuel elements containing such material removed from a reactor shall be altered in form or content, except by irradiation or further irradiation, unless the Parties agree. (c) The requirements set forth in paragraphs (a) and (b) of this Section II (5) for agreement of the Parties in order for the activities described therein to take place shall be deemed satisfied with respect to a particular facility if the Parties agree, in a separate agreement between them, on reprocessing or alteration in form or content of nuclear material in that facility. III. By written notice to the other Party, each Party may add additional Executive Agents or change its Executive Agent(s). E:\FR\FM\31MYN1.SGM 31MYN1 tkelley on DSK3SPTVN1PROD with NOTICES Federal Register / Vol. 78, No. 105 / Friday, May 31, 2013 / Notices IV. Prior to transfer of any technologies intended to be subject to this Agreement, the transferring Party, through its Executive Agent, shall notify the other Party, through its Executive Agent, in writing of the proposed transfer, together with a summary description of the specific technologies to be transferred. Technologies proposed to be transferred from one Party to the other in the course of the Collaboration shall not be subject to this Agreement unless the recipient Party, through its Executive Agent, notifies the transferring Party in writing, through its Executive Agent, prior to the transfer, that it consents to receive the specific technologies and confirms that the Transferred Technologies, upon receipt, shall be subject to the terms and conditions set forth herein. Either Party shall have the right not to accept a proposed transfer of technologies under this Agreement. V. Each Party shall maintain an inventory of the technologies transferred to the other Party pursuant to the Collaboration, and shall provide an annual report to the other Party of the technologies transferred to the other Party pursuant to the Collaboration. Each Party shall provide an annual report to the other Party of all Transferred Technologies it holds pursuant to the Collaboration (including, but not limited to, technologies modified or melded with other technology by the recipient Party through the use of Transferred Technologies), of all its nuclear material and equipment produced or constructed through the use of Transferred Technologies, and of all its nuclear material used in or produced through the use of equipment produced or constructed by or through the use of Transferred Technologies. The Executive Agents may establish arrangements for the notification of transfers, the annual reports and inventories. VI. If any question arises concerning the interpretation or application of this Agreement, the Parties shall, at the request of either of them, consult with each other. Any dispute between the Parties regarding interpretation or implementation of this Agreement shall be promptly negotiated by the Parties with a view to resolving that dispute, and may be addressed through diplomatic channels or any other peaceful means of settlement of disputes agreed to by the Parties. VII. The terms of this Agreement shall be implemented in good faith and in a manner designed to avoid undue interference in the execution of the Joint Fuel Cycle Study, and with due regard VerDate Mar<15>2010 17:40 May 30, 2013 Jkt 229001 to the long-term requirements of the nuclear energy programs in place in the United States and the Republic of Korea, in order to promote the peaceful uses of nuclear energy. VIII. Except as otherwise provided in Section II (5) (c) of this Agreement, the provisions of this Agreement are in addition to and shall not supersede the provisions of the Agreement for Cooperation Between the Government of the Republic of Korea and the Government of the United States of America Concerning Civil Uses of Atomic Energy, signed on November 24, 1972, as amended on June 26, 1974, or any other agreement between the Parties establishing conditions relating to the transfer of nuclear material or equipment from the territory of one Party to the territory of the other Party, whether directly or through a third country. IX. This Agreement shall remain in force for a period of 20 years. This term may be extended for such additional periods as may be agreed in writing by the Parties. Either Party may terminate this Agreement before its expiration date by notifying the other in writing through diplomatic channels of its intention at least one (1) year prior to the intended date of such termination. X. Notwithstanding the termination or expiration of this Agreement, Sections I–II, V and X of this Agreement shall continue to apply so long as any Transferred Technologies or nuclear material or equipment subject to those Sections remains within the territory of the United States or the ROK, whichever is concerned, or under its jurisdiction or control anywhere, or until such time as the Parties agree: 1. with respect to such nuclear material or equipment, that it is no longer usable for any nuclear activity relevant from the point of view of safeguards, or 2. with respect to any of the Transferred Technologies, that such specific Transferred Technologies shall no longer be subject to this Agreement. Within 60 days of a request by either Party at any time during the term of this Agreement or upon the expiration or termination of this Agreement or the Collaboration, the Parties shall commence consultations, which the Parties shall complete no later than 180 days from the request of either Party, to determine whether any specific technologies within the definition of Transferred Technologies under this Agreement can be removed from the coverage of this Agreement, and if the Parties so agree, the identified technologies shall no longer be subject to this Agreement. PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 32643 If these proposals are acceptable to the Government of the ROK, it is further proposed that this Note, together with the Embassy’s affirmative Note in reply on behalf of the Government of the ROK, shall constitute an agreement between the two governments, which shall enter into force on the date of the second note in a later exchange of notes between the two governments indicating that each has completed its internal steps necessary for entry into force. Department of State. [FR Doc. 2013–12694 Filed 5–30–13; 8:45 am] BILLING CODE 6450–01–P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 14322–000] Corbett Water District; Notice of Application Tendered for Filing With the Commission and Soliciting Additional Study Requests Take notice that the following hydroelectric application has been filed with the Commission and is available for public inspection. a. Type of Application: Original Minor License. b. Project No.: 14322–000. c. Date filed: May 14, 2013. d. Applicant: Corbett Water District. e. Name of Project: Corbett Hydroelectric Project. f. Location: The project would utilize existing diversions from the North and South Forks of Gordon Creek which currently serve a municipal water supply system approximately 15 miles east of Portland, in Multnomah County, Oregon. A portion of the project would be located on federal lands managed by the Bureau of Land Management (BLM). g. Filed Pursuant to: Federal Power Act 16 U.S.C. 791(a)–825(r). h. Applicant Contact: James Jans, Corbett Water District, 36120 E. Historic Columbia River Hwy., P.O. Box 6, Corbett, OR 97019–0006. Phone: (503) 695–2284. i. FERC Contact: Ken Wilcox, (202) 502–6835 or ken.wilcox@ferc.gov. j. Cooperating agencies: Federal, state, local, and tribal agencies with jurisdiction and/or special expertise with respect to environmental issues that wish to cooperate in the preparation of the environmental document should follow the instructions for filing such requests described in item l below. Cooperating agencies should note the Commission’s policy that agencies that cooperate in the preparation of the environmental E:\FR\FM\31MYN1.SGM 31MYN1

Agencies

[Federal Register Volume 78, Number 105 (Friday, May 31, 2013)]
[Notices]
[Pages 32640-32643]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-12694]


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DEPARTMENT OF ENERGY


Proposed Subsequent Arrangement

AGENCY: Office of Nonproliferation and International Security, 
Department of Energy.

ACTION: Proposed Subsequent Arrangement.

-----------------------------------------------------------------------

SUMMARY: The Department is providing notice of a proposed agreement 
between the Government of the United States of America and the 
Government of the Republic of Korea that is being processed as a 
subsequent arrangement.

DATES: This subsequent arrangement will take effect no sooner than June 
17, 2013.

FOR FURTHER INFORMATION CONTACT: Mr. Sean Oehlbert, Office of 
Nonproliferation and International Security, National Nuclear Security 
Administration, Department of Energy. Telephone: 202-586-3806 or email: 
Sean.Oehlbert@nnsa.doe.gov.

SUPPLEMENTARY INFORMATION: The agreement being processed as a 
subsequent arrangement is the proposed Agreement between the Government 
of the United States of America and the Government of the Republic of 
Korea Relating to the Transfer of Certain Nuclear Technologies in the 
Course of the Joint Fuel Cycle Study (the Agreement) being conducted by 
authorized technical experts from the United States of America and the 
Republic of Korea (ROK). The Joint Fuel Cycle Study (JFCS) will explore 
the technical and economic feasibility and the nonproliferation 
acceptability of the electrochemical recycling process and of other 
spent fuel management options. The purpose of the Agreement is to 
establish legal procedures and controls governing the transfer of 
technologies under the course of the JFCS that are necessary for its 
successful completion.
    The U.S. Government has concluded that electrochemical recycling 
technology as defined in the Agreement is sensitive nuclear technology 
(SNT) within the meaning of Section 4(a)(5) of the Nuclear Non-
Proliferation Act of 1978 (22 USC 3203(a)(5)), and that the transfer of 
such technology to the ROK is necessary for the successful completion 
of the JFCS. Sections 127 and 128 of the Atomic Energy Act of 1954, as 
amended (AEA), impose certain requirements on the export of SNT. In 
order to meet those requirements and proceed with the transfer of SNT 
as part of this cooperation, the U.S. Government must obtain the ROK 
government's agreement to conditions on the transferred SNT and any 
nuclear material or equipment produced through its use. The Agreement 
was explicitly developed to meet the requirements of AEA Sections 127 
and 128 regarding the transfer of SNT to the ROK and contains all the 
terms and conditions required therein.
    The Agreement would impose reciprocal obligations on both the U.S. 
Government and the ROK government regarding all technology transferred 
under the Agreement, including SNT, except insofar as the Agreement 
reflects the different obligations of the two governments under their 
respective safeguards agreements with the International Atomic Energy 
Agency (IAEA).
    Although the Agreement would not be concluded pursuant to an 
agreement for nuclear cooperation entered into pursuant to Section 123 
of the AEA, the results of the collaboration eventually may be 
applicable to spent nuclear fuel

[[Page 32641]]

in the ROK that is subject to the Agreement for Cooperation Between the 
Government of the United States of America and the Government of the 
Republic of Korea Concerning Civil Uses of Atomic Energy, signed at 
Washington November 24, 1972, as amended, or a successor agreement. 
Moreover, as noted above, the U.S. Government considers electrochemical 
recycling technology, as defined in the Agreement, to be SNT under U.S. 
law, as it constitutes information not available to the public that is 
important to the design, construction, fabrication, operation or 
maintenance of a nuclear fuel reprocessing facility. Taking these 
factors into account, the Department of Energy and the Department of 
State have concluded that it would be appropriate to follow the 
consultation and review procedures in AEA Section 131a. concerning 
subsequent arrangements prior to entering into the Agreement and for 
the Department of State to prepare a Nuclear Proliferation Assessment 
Statement.
    As provided in Section 131a. of the Atomic Energy Act of 1954, as 
amended, I have determined that this subsequent arrangement will not be 
inimical to the common defense and security. In reaching this 
determination, all relevant factors were considered, including the 
Nuclear Proliferation Assessment Statement provided by the Department 
of State.

    Dated: May 14, 2013.
Daniel B. Poneman,
Acting Secretary of Energy.

Agreement Between the Government of the United States of America and 
the Government of the Republic of Korea Relating to the Transfer of 
Certain Nuclear Technologies in the Course of the Joint Fuel Cycle 
Study

    The Department of State refers the Embassy of the Republic of Korea 
to the collaboration between the Government of the United States of 
America (United States) and the Government of the Republic of Korea 
(ROK) considering the technical, economic, and nonproliferation aspects 
of spent fuel management technologies in the course of the Joint Fuel 
Cycle Study undertaken by our two governments beginning in April 2011 
(such collaboration being hereinafter referred to as the 
``Collaboration''). The Department of State proposes the following 
agreement (the ``Agreement'') with respect to the transfer of the 
technologies described in Section I (2) below between the United States 
and the ROK in connection with the Collaboration:
    I. For purposes of this Agreement, the following terms shall have 
the following meanings:
    1. ``Parties'' shall mean the Government of the United States of 
America and the Government of the Republic of Korea.
    2. ``Technologies'' (hereinafter referred to in whole or in part in 
this Agreement as the ``technologies'') shall mean the following:
    (a) Electrochemical recycling technology; and
    (b) Any other technology that the Parties agree in writing to make 
subject to the provisions of this Agreement in connection with the 
Collaboration.
    The term ``technologies'' does not include information that is in 
the public domain. Technologies may be in tangible form (such as a 
model, prototype, blueprint, operation manual, electronically stored 
data), or intangible form (such as technical services), and shall 
include information or data incorporated in equipment.
    3. ``Electrochemical recycling technology'' shall mean all 
information on research, development, and design of all process steps 
and major critical components of electrochemical recycling (also known 
as pyroprocessing). For purposes of this Agreement, electrochemical 
recycling technology shall not include information on the pretreatment 
and oxide to metal electro-reduction steps in which transuranics are 
not capable of being separated.
    4. ``Transferred Technologies'' shall mean any technologies (as 
defined in Section I (2) above) transferred between the Parties in 
accordance with Section IV of this Agreement in the course of the 
Collaboration at any time after entry into force of this Agreement, and 
shall include both the technologies as originally transferred and the 
technologies as modified or melded with other technology either through 
joint collaboration between the United States and the ROK or by either 
the United States or the Republic of Korea without participation of the 
other. Transfers of and cooperation on technologies subject to this 
Agreement may be undertaken directly between the Parties or through 
their Executive Agents or through authorized Persons, and may be 
accomplished through various means, including reports, data banks, 
computer programs, meetings, visits, and assignments of staff to 
facilities. Transfers of any technologies made in accordance with 
Section IV of this Agreement by one Party to individuals, wherever 
located, who are authorized by the other Party to receive information 
in the course of the Collaboration shall be deemed to be transfers to 
the authorizing country for purposes of this Agreement.
    5. ``Equipment'' shall mean any installation, facility, system, 
device, substance or any other item other than nuclear material 
(including an especially designed component of any of the foregoing) 
that either Party has determined to be capable of making use of special 
nuclear material or of significance for nuclear explosive purposes.
    6. ``Nuclear material'' shall mean (a) ``source material,'' namely, 
uranium containing the mixture of isotopes occurring in nature; uranium 
depleted in the isotope 235; thorium; any of the foregoing in the form 
of metal, alloy, chemical compound, or concentrate; any other substance 
containing one or more of the foregoing in such concentration as may be 
agreed to by the Parties; and (b) ``special nuclear material,'' namely, 
plutonium, uranium 233, uranium enriched in the isotope 233 or 235; any 
substance containing one or more of the foregoing; and such other 
substance as may be agreed to by the Parties.
    7. ``Produce,'' when used in relation to special nuclear material, 
shall mean (a) to manufacture, make, produce, or refine special nuclear 
material; (b) to separate special nuclear material from other 
substances in which such material may be contained; or (c) to make or 
to produce new special nuclear material.
    8. ``Executive Agents'' shall mean the Department of Energy for the 
United States and the Ministry of Education, Science and Technology for 
the Republic of Korea.
    9. ``Information in the public domain'' shall mean information that 
has been made available without restrictions on its further 
dissemination. Copyright restrictions do not remove information from 
being in the public domain.
    10. ``Person'' shall mean any individual or any entity subject to 
the jurisdiction of either Party but does not include the Parties to 
this Agreement.
    II. The Parties agree to the following requirements, provided that 
these requirements shall not apply to a Party with respect to specific 
technologies developed solely by that Party and transferred by it to 
the other Party.
    1. Safeguards.
    (a) International Atomic Energy Agency (IAEA) safeguards as 
required by Article III (2) of the Treaty on the Non-Proliferation of 
Nuclear Weapons done at Washington, London, and Moscow on July 1, 1968 
(NPT) shall be applied to any nuclear material within the territory or 
under the jurisdiction or control anywhere of the ROK used in or

[[Page 32642]]

produced by or through the use of Transferred Technologies, including, 
but not limited to, nuclear material used in or produced by or through 
the use of equipment produced or constructed by or through the use of 
Transferred Technologies.
    (b) IAEA safeguards shall be maintained with respect to all 
peaceful nuclear activities in, under the jurisdiction of, or carried 
out under the control anywhere of the ROK.
    (c) Implementation of the Agreement between the Government of the 
Republic of Korea and the International Atomic Energy Agency for the 
application of safeguards in connection with the NPT, signed on October 
31, 1975, which entered into force on November 14, 1975, and the 
Additional Protocol thereto, which entered into force on February 19, 
2004, shall be considered to fulfill the requirements in paragraphs (a) 
and (b) of this Section II (1).
    (d) Any nuclear material within the territory or under the 
jurisdiction or control anywhere of the United States of America used 
in or produced by or through the use of Transferred Technologies, 
including, but not limited to, nuclear material used in or produced by 
or through the use of equipment produced or constructed by or through 
the use of Transferred Technologies, shall be subject to the agreement 
between the United States of America and the IAEA for the application 
of safeguards in the United States of America, signed on November 18, 
1977, and entered into force on December 9, 1980, and the Additional 
Protocol thereto, which entered into force on January 6, 2009.
    (e) In the event that the IAEA safeguards agreement referred to in 
paragraph (c) of this Section II (1) is not being applied, the ROK 
shall enter into an agreement with the IAEA for the application of 
safeguards which provides for effectiveness and coverage equivalent to 
that provided by the safeguards agreement required by paragraph (c) or, 
if that is not possible, the Parties shall immediately establish 
safeguards arrangements for the application of safeguards which provide 
for effectiveness and coverage equivalent to that provided by the 
safeguards agreement required by paragraph (c).
    (f) In the event that the IAEA safeguards agreement referred to in 
paragraph (d) of this Section II (1) is not being applied, the United 
States shall enter into an agreement with the IAEA for the application 
of safeguards which provides for effectiveness and coverage equivalent 
to that provided by the safeguards agreement required by paragraph (d), 
or if that is not possible, the Parties shall immediately establish 
safeguards arrangements for the application of safeguards which provide 
for effectiveness and coverage equivalent to that provided by the 
safeguards agreement required by paragraph (d).
    2. Peaceful Use.
    Transferred Technologies, any nuclear material or equipment 
produced or constructed under the jurisdiction or control of either the 
United States or the ROK by or through the use of Transferred 
Technologies, including, but not limited to, nuclear material used in 
or produced through the use of equipment produced or constructed by or 
through the use of Transferred Technologies, shall not be used for any 
nuclear explosive device or for research on or development of any 
nuclear explosive device or for any other military purpose.
    3. Physical Protection.
    (a) All necessary measures shall be maintained to ensure adequate 
protection of Transferred Technologies against loss, theft, or 
unauthorized access.
    (b) Adequate physical protection shall be maintained with respect 
to any nuclear material and equipment produced or constructed by or 
through the use of Transferred Technologies, including, but not limited 
to, nuclear material used in or produced through the use of equipment 
produced or constructed by or through the use of Transferred 
Technologies. To fulfill this requirement, such physical protection 
measures shall provide levels of protection at least equivalent to (i) 
the recommendations published in the IAEA document INFCIRC/225/Rev.4, 
``The Physical Protection of Nuclear Material and Nuclear Facilities,'' 
and in any subsequent revision thereto accepted by both Parties, and 
(ii) the provisions of the Convention on the Physical Protection of 
Nuclear Material, adopted at Vienna October 26, 1979, and any 
amendments to the Convention that enter into force for both Parties.
    4. Retransfer.
    Transferred Technologies, and nuclear material and equipment 
produced or constructed under the jurisdiction or control of the 
recipient Party by or through the use of Transferred Technologies, 
including, but not limited to, nuclear material used in or produced 
through the use of equipment produced or constructed by or through the 
use of Transferred Technologies, shall not be transferred to 
unauthorized Persons or beyond the territory, jurisdiction or control 
of either the United States or the ROK (except to each other) unless 
the Parties agree, and unless the proposed recipient nation or nations 
provide assurances to the Parties that the proposed retransfer of 
technologies shall be subject to conditions equivalent to those set 
forth in Sections I-II, V, and X of this Agreement with respect to the 
transfer of the technologies.
    5. Reprocessing and Other Alteration in Form or Content.
    (a) In light of the fact that this Agreement covers transfers of 
technologies for research and development, Transferred Technologies, 
and any equipment produced or constructed under the jurisdiction or 
control of either Party by or through the use of Transferred 
Technologies, shall be used solely for research and development 
purposes, and shall not be used to reprocess or otherwise alter in form 
or content any irradiated nuclear material within the territory or 
under the jurisdiction or control of either Party, unless the Parties 
agree. The Parties note that continuation of the research and 
development envisioned by the Collaboration may at some time in the 
future involve alteration in form or content of nuclear material. The 
Parties agree, therefore, to review at an appropriate time the issue of 
consent to alteration in form or content to support continued research 
and development in the Collaboration, and recognize that granting any 
such consent will be subject to compliance with any necessary domestic 
legal requirements of the Party granting the consent.
    (b) No nuclear material produced by or through the use of 
Transferred Technologies, including, but not limited to, nuclear 
material used in or produced through the use of equipment produced or 
constructed by or through the use of Transferred Technologies, shall be 
reprocessed, and no irradiated fuel elements containing such material 
removed from a reactor shall be altered in form or content, except by 
irradiation or further irradiation, unless the Parties agree.
    (c) The requirements set forth in paragraphs (a) and (b) of this 
Section II (5) for agreement of the Parties in order for the activities 
described therein to take place shall be deemed satisfied with respect 
to a particular facility if the Parties agree, in a separate agreement 
between them, on reprocessing or alteration in form or content of 
nuclear material in that facility.
    III. By written notice to the other Party, each Party may add 
additional Executive Agents or change its Executive Agent(s).

[[Page 32643]]

    IV. Prior to transfer of any technologies intended to be subject to 
this Agreement, the transferring Party, through its Executive Agent, 
shall notify the other Party, through its Executive Agent, in writing 
of the proposed transfer, together with a summary description of the 
specific technologies to be transferred. Technologies proposed to be 
transferred from one Party to the other in the course of the 
Collaboration shall not be subject to this Agreement unless the 
recipient Party, through its Executive Agent, notifies the transferring 
Party in writing, through its Executive Agent, prior to the transfer, 
that it consents to receive the specific technologies and confirms that 
the Transferred Technologies, upon receipt, shall be subject to the 
terms and conditions set forth herein. Either Party shall have the 
right not to accept a proposed transfer of technologies under this 
Agreement.
    V. Each Party shall maintain an inventory of the technologies 
transferred to the other Party pursuant to the Collaboration, and shall 
provide an annual report to the other Party of the technologies 
transferred to the other Party pursuant to the Collaboration. Each 
Party shall provide an annual report to the other Party of all 
Transferred Technologies it holds pursuant to the Collaboration 
(including, but not limited to, technologies modified or melded with 
other technology by the recipient Party through the use of Transferred 
Technologies), of all its nuclear material and equipment produced or 
constructed through the use of Transferred Technologies, and of all its 
nuclear material used in or produced through the use of equipment 
produced or constructed by or through the use of Transferred 
Technologies. The Executive Agents may establish arrangements for the 
notification of transfers, the annual reports and inventories.
    VI. If any question arises concerning the interpretation or 
application of this Agreement, the Parties shall, at the request of 
either of them, consult with each other. Any dispute between the 
Parties regarding interpretation or implementation of this Agreement 
shall be promptly negotiated by the Parties with a view to resolving 
that dispute, and may be addressed through diplomatic channels or any 
other peaceful means of settlement of disputes agreed to by the 
Parties.
    VII. The terms of this Agreement shall be implemented in good faith 
and in a manner designed to avoid undue interference in the execution 
of the Joint Fuel Cycle Study, and with due regard to the long-term 
requirements of the nuclear energy programs in place in the United 
States and the Republic of Korea, in order to promote the peaceful uses 
of nuclear energy.
    VIII. Except as otherwise provided in Section II (5) (c) of this 
Agreement, the provisions of this Agreement are in addition to and 
shall not supersede the provisions of the Agreement for Cooperation 
Between the Government of the Republic of Korea and the Government of 
the United States of America Concerning Civil Uses of Atomic Energy, 
signed on November 24, 1972, as amended on June 26, 1974, or any other 
agreement between the Parties establishing conditions relating to the 
transfer of nuclear material or equipment from the territory of one 
Party to the territory of the other Party, whether directly or through 
a third country.
    IX. This Agreement shall remain in force for a period of 20 years. 
This term may be extended for such additional periods as may be agreed 
in writing by the Parties. Either Party may terminate this Agreement 
before its expiration date by notifying the other in writing through 
diplomatic channels of its intention at least one (1) year prior to the 
intended date of such termination.
    X. Notwithstanding the termination or expiration of this Agreement, 
Sections I-II, V and X of this Agreement shall continue to apply so 
long as any Transferred Technologies or nuclear material or equipment 
subject to those Sections remains within the territory of the United 
States or the ROK, whichever is concerned, or under its jurisdiction or 
control anywhere, or until such time as the Parties agree:
    1. with respect to such nuclear material or equipment, that it is 
no longer usable for any nuclear activity relevant from the point of 
view of safeguards, or
    2. with respect to any of the Transferred Technologies, that such 
specific Transferred Technologies shall no longer be subject to this 
Agreement.
    Within 60 days of a request by either Party at any time during the 
term of this Agreement or upon the expiration or termination of this 
Agreement or the Collaboration, the Parties shall commence 
consultations, which the Parties shall complete no later than 180 days 
from the request of either Party, to determine whether any specific 
technologies within the definition of Transferred Technologies under 
this Agreement can be removed from the coverage of this Agreement, and 
if the Parties so agree, the identified technologies shall no longer be 
subject to this Agreement.
    If these proposals are acceptable to the Government of the ROK, it 
is further proposed that this Note, together with the Embassy's 
affirmative Note in reply on behalf of the Government of the ROK, shall 
constitute an agreement between the two governments, which shall enter 
into force on the date of the second note in a later exchange of notes 
between the two governments indicating that each has completed its 
internal steps necessary for entry into force.
    Department of State.

[FR Doc. 2013-12694 Filed 5-30-13; 8:45 am]
BILLING CODE 6450-01-P