Common use of Business Confidential Information Clause in Contracts

Business Confidential Information. In the event that information identified in a timely fashion as business-confidential is furnished or created under the Agreement, each Party and its participants shall protect such information in accordance with applicable laws, regulations, and administrative practices. Information may be identified as “business-confidential” if a person having the information may derive an economic benefit from it or may obtain a competitive advantage over those who do not have it, if the information is not generally known or publicly available from other sources, and if the owner has not previously made the information available without imposing in a timely manner an obligation to keep it confidential. Neither Party nor its participants shall publish or transfer to third parties business-confidential information furnished or created under the Agreement without the prior written consent of the other Party or its participants. The Government of the United States of America and the Government of the Russian Federation, hereinafter referred to as the Parties, have already taken significant steps toward ending the production of fissile material for use in nuclear weapons. These steps include the signing of the Agreement Between the Government of the United States of America and the Government of the Russian Federation Concerning Cooperation Regarding Plutonium Production Reactors (PPRA) of September 23, 1997, concerning the cessation of the generation of weapon-grade plutonium at United States and Russian plutonium production reactors. One of the key objectives of the Agreement Between the Government of the United States of America and the Government of the Russian Federation Concerning the Management and Disposition of Plutonium Designated as No Longer Required for Defense Purposes and Related Cooperation, hereinafter referred to as the Agreement, is to reduce irreversibly stockpiles of weapon-grade plutonium from each side’s nuclear weapons programs. Both Parties recognize that this disposition will require significant resources. Both Parties also recognize that it would make little sense for either side to commit significant financial and other resources to dispose of such plutonium if either side were planning to continue to separate and accumulate new weapon-grade plutonium. In this light: • The Parties reaffirm their intentions not to produce any new weapon-grade plutonium, including by reprocessing of spent fuel or by any other technological process, for nuclear weapons or other nuclear explosive devices or for any military purposes. • The Government of the United States of America also reaffirms its intention not to separate any new weapon-grade plutonium by any means for any other purposes. • The Government of the Russian Federation also reaffirms its intention not to build up any stockpile of newly separated weapon-grade plutonium for civil purposes and not to produce any newly separated weapon-grade plutonium unless and until justified for civil power production purposes. In the event that spent fuel containing weapon-grade plutonium were to be reprocessed in the future, the Government of the Russian Federation will take all necessary measures to ensure that any such reprocessing and its products are as proliferation-resistant as possible. The Government of the Russian Federation also confirms its intention to ensure that separation of any plutonium through reprocessing or other technological processes will be keyed to the demand in the civil sector, so as to ensure no unnecessary build up of any civil plutonium stockpiles. • The Parties note that, during the duration of the Agreement, the BN-600 blanket will be removed in stages to achieve its maximum reduction as quickly as possible, consistent with safety considerations, and that all fuel used in that reactor will not be reprocessed during the duration of the Agreement. After termination of the Agreement, any reprocessing of BN-600 spent fuel containing weapon-grade plutonium resulting from irradiation during the duration of the Agreement will be subject to international monitoring under agreed procedures. • The Parties note their intention to intensify consultations concerning possible cooperation outside the Agreement on immobilization technologies, including immobilization of waste products containing weapon-grade plutonium, to develop alternatives to separation of such plutonium in the Russian Federation. • The Parties affirm that, if any of these intentions should change in the future, the Parties will consult in advance of such change, for the purpose of reaching new understandings and agreeing on appropriate measures. The Parties understand the term "reprocessing" to have its internationally agreed definition, that is, the "separation of irradiated nuclear material and fission products," and note that cleaning up existing separated weapon-grade plutonium to remove Am-241, minor alloying elements, or other impurities, does not constitute reprocessing or new production. The Parties also note that this Joint Statement of intentions does not: (1) affect the ongoing separation activities related to weapon-grade plutonium for small-scale research and development or clean-up efforts, or efforts to address urgent environmental or safety hazards, involving small numbers of kilograms; or (2) alter or affect ongoing separation activities related to weapon-grade plutonium generated by the three plutonium production reactors still operating at Seversk and Zheleznogorsk prior to their being converted under the PPRA, provided that all such plutonium is subject to monitoring in accordance with that agreement.

Business Confidential Information. In the event that information identified in a timely fashion as business-confidential is furnished or created under the Agreement, each Party and its participants shall protect such information in accordance with applicable laws, regulations, and administrative practices. Information may be identified as “business-confidential” if a person having the information may derive an economic benefit from it or may obtain a competitive advantage over those who do not have it, if the information is not generally known or publicly available from other sources, and if the owner has not previously made the information available without imposing in a timely manner an obligation to keep it confidential. Neither Party nor its participants shall publish or transfer to third parties business-confidential information furnished or created under the Agreement without the prior written consent of the other Party or its participants. The Government of the United States of America and the Government of the Russian Federation, hereinafter referred to as the Parties, have already taken significant steps toward ending the production of fissile material for use in nuclear weapons. These steps include the signing of the Agreement Between the Government of the United States of America and the Government of the Russian Federation Concerning Cooperation Regarding Plutonium Production Reactors (PPRA) of September 23, 1997, concerning the cessation of the generation of weapon-grade plutonium at United States and Russian plutonium production reactors. One of the key objectives of the Agreement Between the Government of the United States of America and the Government of the Russian Federation Concerning the Management and Disposition of Plutonium Designated as No Longer Required for Defense Purposes and Related Cooperation, hereinafter referred to as the Agreement, is to reduce irreversibly stockpiles of weapon-grade plutonium from each side’s nuclear weapons programs. Both Parties recognize that this disposition will require significant resources. Both Parties also recognize that it would make little sense for either side to commit significant financial and other resources to dispose of such plutonium if either side were planning to continue to separate and accumulate new weapon-weapon- grade plutonium. In this light: • The Parties reaffirm their intentions not to produce any new weapon-grade plutonium, including by reprocessing of spent fuel or by any other technological process, for nuclear weapons or other nuclear explosive devices or for any military purposes. • The Government of the United States of America also reaffirms its intention not to separate any new weapon-grade plutonium by any means for any other purposes. • The Government of the Russian Federation also reaffirms its intention not to build up any stockpile of newly separated weapon-grade plutonium for civil purposes and not to produce any newly separated weapon-grade plutonium unless and until justified for civil power production purposes. In the event that spent fuel containing weapon-grade plutonium were to be reprocessed in the future, the Government of the Russian Federation will take all necessary measures to ensure that any such reprocessing and its products are as proliferation-proliferation- resistant as possible. The Government of the Russian Federation also confirms its intention to ensure that separation of any plutonium through reprocessing or other technological processes will be keyed to the demand in the civil sector, so as to ensure no unnecessary build up of any civil plutonium stockpiles. • The Parties note that, during the duration of the Agreement, the BN-600 blanket will be removed in stages to achieve its maximum reduction as quickly as possible, consistent with safety considerations, and that all fuel used in that reactor will not be reprocessed during the duration of the Agreement. After termination of the Agreement, any reprocessing of BN-600 spent fuel containing weapon-grade plutonium resulting from irradiation during the duration of the Agreement will be subject to international monitoring under agreed procedures. • The Parties note their intention to intensify consultations concerning possible cooperation outside the Agreement on immobilization technologies, including immobilization of waste products containing weapon-grade plutonium, to develop alternatives to separation of such plutonium in the Russian Federation. • The Parties affirm that, if any of these intentions should change in the future, the Parties will consult in advance of such change, for the purpose of reaching new understandings and agreeing on appropriate measures. The Parties understand the term "reprocessing" to have its internationally agreed definition, that is, the "separation of irradiated nuclear material and fission products," and note that cleaning up existing separated weapon-grade plutonium to remove Am-241, minor alloying elements, or other impurities, does not constitute reprocessing or new production. The Parties also note that this Joint Statement of intentions does not: (1) affect the ongoing separation activities related to weapon-grade plutonium for small-scale research and development or clean-up efforts, or efforts to address urgent environmental or safety hazards, involving small numbers of kilograms; or (2) alter or affect ongoing separation activities related to weapon-grade plutonium generated by the three plutonium production reactors still operating at Seversk and Zheleznogorsk prior to their being converted under the PPRA, provided that all such plutonium is subject to monitoring in accordance with that agreement.

Business Confidential Information. In the event that information identified in a timely fashion as business-confidential is furnished or created under the Agreement, each Party and its participants shall protect such information in accordance with applicable laws, regulations, and administrative practices. Information may be identified as “business-confidential” if a person having the information may derive an economic benefit from it or may obtain a competitive advantage over those who do not have it, if the information is not generally known or publicly available from other sources, and if the owner has not previously made the information available without imposing in a timely manner an obligation to keep it confidential. Neither Party nor its participants shall publish or transfer to third parties business-confidential information furnished or created under the Agreement without the prior written consent of the other Party or its participants. RELATED COOPERATION2 The Government of the United States of America and the Government of the Russian Federation, hereinafter referred to as the Parties, have already taken significant steps toward ending the production of fissile material for use in nuclear weapons. These steps include the signing of the Agreement Between the Government of the United States of America and the Government of the Russian Federation Concerning Cooperation Regarding Plutonium Production Reactors (PPRA) of September 23, 1997, concerning the cessation of the generation of weapon-grade plutonium at United States and Russian plutonium production reactors. One of the key objectives of the Agreement Between the Government of the United States of America and the Government of the Russian Federation Concerning the Management and Disposition of Plutonium Designated as No Longer Required for Defense Purposes and Related Cooperation, hereinafter referred to as the Agreement, is to reduce irreversibly stockpiles of weapon-grade plutonium from each side’s nuclear weapons programs. Both Parties recognize that this disposition will require significant resources. Both Parties also recognize that it would make little sense for either side to commit significant financial and other resources to dispose of such plutonium if either side were planning to continue to separate and accumulate new weapon-weapon- grade plutonium. In this light: • The Parties reaffirm their intentions not to produce any new weapon-grade plutonium, including by reprocessing of spent fuel or by any other technological process, for nuclear weapons or other nuclear explosive devices or for any military purposes. • The Government of the United States of America also reaffirms its intention not to separate any new weapon-grade plutonium by any means for any other purposes. • The Government of the Russian Federation also reaffirms its intention not to build up any stockpile of newly separated weapon-grade plutonium for civil purposes and not to produce any newly separated weapon-grade plutonium unless and until justified for civil power production purposes. In the event that spent fuel containing weapon-grade plutonium were to be reprocessed in the future, the Government of the Russian Federation will take all necessary measures to ensure that any such reprocessing and its products are as proliferation-proliferation- resistant as possible. The Government of the Russian Federation also confirms its intention to ensure that separation of any plutonium through reprocessing or other technological processes will be keyed to the demand in the civil sector, so as to ensure no unnecessary build up of any civil plutonium stockpiles. • The Parties note that, during the duration of the Agreement, the BN-600 blanket will be removed in stages to achieve its maximum reduction as quickly as possible, consistent with safety considerations, and that all fuel used in that reactor will not be reprocessed during the duration of the Agreement. After termination of the Agreement, any reprocessing of BN-600 spent fuel containing weapon-grade plutonium resulting from irradiation during the duration of the Agreement will be subject to international monitoring under agreed procedures. • The Parties note their intention to intensify consultations concerning possible cooperation outside the Agreement on immobilization technologies, including immobilization of waste products containing weapon-grade plutonium, to develop alternatives to separation of such plutonium in the Russian Federation. • The Parties affirm that, if any of these intentions should change in the future, the Parties will consult in advance of such change, for the purpose of reaching new understandings and agreeing on appropriate measures. The Parties understand the term "reprocessing" to have its internationally agreed definition, that is, the "separation of irradiated nuclear material and fission products," and note that cleaning up existing separated weapon-grade plutonium to remove Am-241, minor alloying elements, or other impurities, does not constitute reprocessing or new production. The Parties also note that this Joint Statement of intentions does not: (1) affect the ongoing separation activities related to weapon-grade plutonium for small-scale research and development or clean-up efforts, or efforts to address urgent environmental or safety hazards, involving small numbers of kilograms; or (2) alter or affect ongoing separation activities related to weapon-grade plutonium generated by the three plutonium production reactors still operating at Seversk and Zheleznogorsk prior to their being converted under the PPRA, provided that all such plutonium is subject to monitoring in accordance with that agreement.