Indian Treaty Series

New Delhi, 14 May 1974

Berlin, 19 June 1974.

The Government of the Republic of INDIA,

AND

The Government of the GERMAN Democratic Republic,

RECOGNISING the friendly relations existing between the two countries, and

INSPIRED by the common desire to promote scientific and technical cooperation between the two countries in the field of the peaceful uses, of nuclear energy,

HAVE AGREED as follows :

Article I

The Government of the German Democratic Republic designate the Ministry of Coal and Power and

The Government of the Republic of India designate the Department of Atomic Energy

AS BEING in charge of the implementation of the stipulations laid down in this Agreement.

Article II

The Ministry of Coal and Power of the German Democratic Republic and the lndian Department of Atomic Energy (hereinafter called “the Parties” shall establish scientific and technical cooperation

with regard to selected subjects. in the following specific fields of peaceful uses of nuclear energy:

(a) Nuclear power
(b) Isotope and radiation technologies
(c) Radiation protection
(d) Health physics
(e) Nuclear physics

(The subjects of scientific and technical cooperation in the framework of the above specific fields are indicated in Enclosure to this Agreement)

Article III

The objectives of scientific and technical cooperation set forth in Article II shall be sought to be achieved by the two Parties by providing the following forms of cooperation :

(a) Exchange of information;

(b) Mutual assignment of scientific and experts for exchange of experience, discussion of problems under the specific fields indicated in Article II and joint performance of scientific work;

(c) Exchange of scientific and technical documentation, instruments and material;

(d) Exchange of information and written material on scientific and technical conferences; mutual assistance for participating in such conferences;

(e) Mutual consultation on the participation in the activities of international organizations in the scientific and technological fields.

Article IV

The provisions of Article II do not apply to information, documentation or equipment of a secret character or to such items as cannot be made available by either of the Parties because they have been acquired from a third country or resulted from cooperation with a third country.

Article V

The Parties hereby undertake, whenever such request is made by the other Party, to observe the principles required for non-disclosure of the information and documentation acquired by any of them. The information and knowledge acquired under the present Agreement from one of the Parties shall not be turned over to a third country or published without its express consent.

Article VI

The details of cooperation in the fields envisaged in Article II such as precise subject, scope, timing and forms, shall be laid down by the two Parties in working plans to be drawn up for a period of two years each time including the financial implications. In these plans the two Parties shall specify the institutions to be charged with the work to be conducted under the given subjects.

Article VII

The receiving country shall bear the internal expenses arising out of the assignment of scientists and experts of the sending country under the two-yearly working plans. The sending country shall bear the costs of international travel.

Article VIII

The departure of the scientists and experts from the sending country shall only be effected after an understanding is reached between the two Parties on the assignment to the receiving country.

Article IX

The mode both of mutual delivery of documentation, materials, instruments, etc., and of rendering mutual service shall be specified in each particular case, the two Parties agreeing to reimbursement.

Article X

All payments under this Agreement shall be made according to the stipulations laid down in the valid Trade and Payment Agreement between the German Democratic Republic and the Republic of India.

Article XI

The scientists and experts exchanged under the present Agreement shall be obligated to respect the laws and regulations of the receiving country and not to interference in its internal affairs.

Article XII

The receiving country shall accord free medical care to the scientists and experts.

Article XIII

In respect of any damage to a third party caused by a scientist or expert in connecting with the execution of a task assigned to him under the present Agreement, the Government of the receiving country shall be liable in his place. Any claim against the scientist or expert shall to that extent be precluded.

Notwithstanding the legal basis of such a claim, the scientist or expert shall not be liable to reimburse the Government of the receiving country except in the case of deliberate intention or gross negligence. Both Parties shall render all possible assistance to the competent authorities of the concerned Government for the settlement of claims for reimbursement.

The present Agreement shall enter into force on the date of signature and shall be valid upto the 3lst of December 1978. It may be further extended thereafter by mutual agreement unless one of the Parties gives notice in writing of its intention to terminate the Agreement three months in advance.

DONE and sealed at New Delhi DONE and sealed at
on 14.5.1974 Berlin on 19.6.1974

In six originals, two each in Hindi, German and English languages, all texts being equally authentic, except in case of divergent interpretation when the english text shall prevail.

For the Government of the Republic of India
Sd /-
H.N. SETHNA

For the Government of the German Democratic Republic
Sd /-
K. SIEBOLD