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AGREEMENT BETWEEN THE GOVERNMENT OF INDIA AND THE GOVERNMENT OF BELGIUM ON JOINT COLLABORATION IN THE FIELD OF PACIFIC USE OF NUCLEAR ENERGY [1965] INTSer 3

AGREEMENT BETWEEN THE GOVERNMENT OF INDIA AND THE GOVERNMENT OF BELGIUM ON JOINT COLLABORATION IN THE FIELD OF PACIFIC USE OF NUCLEAR ENERGY

Bombay, 30 January 1965

LETTERS

COMISSARIAT a I’ENERGIE ATOMIQUE

Dear Dr. BHABA,

With reference to discussions I had with representatives of your government and to the letter of September 28, 1964 of the Department of Atomic Energy of India concerning our mutual intention to establish a collaboration between the Indian Atomic Energy Commission (hereafter referred to as the Commission) and the Commissariat a I’Energie atomique of Belgium (hereafter referred to as the Commissariat) for the development and the use of atomic energy for peaceful purposes, we have agreed as follows :

Article 1

The Commissariat and the Commission will exchange unclassified reports and publications concerning the peaceful uses of atomic energy and research connected therewith to their mutual advantage. Information concerning commercial and industrial processes will be exchanged, provided either party is free to divulge such information. All information so exchanged will be freely used in India and in Belgium, as the case may be, unless specific conditions are attached to its use.

Article 2

The Commissariat and the Commission will mutually provide facilities for the work and training of scientists, engineers and technicians sponsored by them in the atomic energy centres, plants and laboratories of India and Belgium respectively. The Commissariat and the Commission will also endeavour to arrange for a number of scholarships and fellowships for such training and research.

Article 3

The Commissariat and the Commission will arrange the exchange of visits of their scientists and engineers on terms and conditions to be mutually agreed upon.

Article 4

The Commissariat and the Commission will extend facilities to each other for obtaining supplies of radio-isotopes, nuclear material and equipment required by either party from the other.

“Nuclear materials” shall include uranium and heavy water.

Article 5

The Commissariat and the Commission will on the basis of their experience and knowledge assist each other, if so required in

(a) planning and establishing laboratories,

(b) planning designing and establishing nuclear power plants, and

(c) implementing a research programme of common interest, in Belgium or in India.

Article 6

Commissariat, who receive scholarships and fellowships under the terms of Article 2, will prior to their award give a pledge to grant to the Government of the country offering the scholarship/fellowship, free of charge, a licence to register all patents for inventions for which they were responsible as a result of their work during their stay in the host country. The host Government will on their part grant to the Government sponsoring the candidates, free of charge, a sub-licence for the use of such patents in the country of the candidate.

Article 7

None of the Articles of the present Agreement will prejudice the obligations, which may bind the Commissariat and the Commission under any of their international or bilateral agreement in the field of atomic energy.

Article 8

In case a general Agreement on cooperation should be concluded between the Commission and the European Atomic Energy Community, it is understood, that the present Agreement would be implemented within the framework of such a general Agreement.

In any event, information which the Commissariat may receive under Article 1 of this Agreement may be freely communicated by the Commissariat a I’Energie atomique of Belgium to the European Atomic Energy Community.

Your written approval of the above will bring into force, at the date it is given, the Agreement between the commission and the Commissariat.

Yours sincerely,

Sd/-
J. ERRERA,
Commissaire a l’Energie atomique.

Dr. H.J. BHABHA,
Chairman of the Atomic Energy Commission of India,
Apollo Pier Road,
BOMBAY-1.


GOVERNMENT OF INDIA
ATOMIC ENERGY COMMISSION

30th January , 1965

Dear Mr. ERRERA,

I have the honour to acknowledge receipt of your Note of today’s date proposing that the Indian Atomic Energy Commission and the Commissariat a I’Energie atomique of Belgium should conclude an agreement on a joint collaboration in the field of the pacific use of nuclear energy, which Note reads as follows :

Article 1

The Commissariat and the Commission will exchange unclassified reports and publications concerning the peaceful uses of atomic energy and research connected therewith to their mutual advantage. Information concerning commercial and industrial processes will be exchanged, provided either party is free to divulge such information. All information so exchanged will be freely used in India and in Belgium, as the case may be, unless specific conditions are attached to its use.

Article 2

The Commisariat and the Commission will mutually provide facilities for the work and training of scientists, engineers and technicians sponsored by them in the atomic energy, centres, plants and laboratories of India and Belgium respectively. The Commissariat and the Commission will also endeavour to arrange for a number of scholarships and fellowships for such training and research.

Article 3

The Commissariat and the Commission will arrange the exchange of visits of their scientists and engineers on terms and conditions to be mutually agreed upon.

Article 4

The Commissariat and the Commission will extend facilities to each other for obtaining supplies of radioisotopes, nuclear material and equipment required by either party from the other.

“Nuclear materials” shall include uranium and heavy water.

Article 5

The Commissariat and the Commission will on the basis of their experience and knowledge assist each other, if so required, in

(a) planning and establishing laboratories,

(b) planning designing and establishing nuclear power plants, and

(c) implementing a research programme of common interest, in Belgium or in India.

Article 6

Candidates, who receive scholarships and fellowships under the terms of Article 2, will prior to their award give a pledge to grant to the Government of the country offering the scholarship/fellowship, free of charge, a licence to register all patents for inventions for which they were responsible as a result of their work during their stay in the host country. The host government will on their part grant to the Government sponsoring the candidates, free of charge, a sub-licence for the use of such patents in the country of the candidate.

Article 7

None of the Articles of the present Agreement will prejudice the obligations, which may bind the Commissariat and the Commission under any of their international or bilateral agreements in the field of atomic energy.

Article 8

In case a general Agreement on cooperation should be concluded between the Commission and the European Atomic Energy Community, it is understood, that the present Agreement would be implemented within the framework of such a general Agreement.

In any event, information which the Commissariat may receive under Article 1 of this Agreement may be freely communicated by the Commissariat a l’Energie atomique of Belgium to the European Atomic Energy Community.”

I have the honour to inform you that the foregoing proposals are acceptable to the Indian Atomic Energy Commission, who therefore agree that your Note, together with the present reply shall constitute an Agreement between both our organisations, which shall enter into force on today’s date.

Yours sincerely,

Sd /-
H.J. BHABHA,
Chairman

Professor
J. ERRERA,
Commissaire a l’Energie atomique,
BRUXELLES.


India Bilateral

Ministry of External Affairs, India


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