ARTICLE VI GUARANTIES A. Classified information, materials and equipment communicated or transferred pursuant to this Agreement shall be accorded full security protection under applicable security arrangements between the Parties and applicable national legislation and regulations of the Parties. In no case shall either Party maintain security standards for safeguarding classified information, materials or equipment made available pursuant to this Agreement less restrictive than those set. forth in the applicable security arrangements in effect on the date this Agreement comes into force. B. Classified information communicated or exchanged pursuant to this Agreement will be made available through channels existing or hereafter agreed for the communication or exchange of such information between the Parties. C. Classified information, communicated or exchanged, and any materials or equipment transferred, pursuant to this Agreement shall not be communicated, exchanged or transferred by the recipient Party or persons under its jurisdiction to any unauthorized persons, or, except as provided in Article VII of this Agreement, beyond the jurisdiction of that Party. Each Party may stipulate the degree to which any of the information, materials or equipment communicated, exchanged or transferred by it or persons under its jurisdiction pursuant to this Agreement may be disseminated or distributed; may specify the categories of persons who may have access to such information, materials or equipment; and may impose such other restrictions on the dissemination or distribution of such information, materials or equipment as it deems necessary. ARTICLE VII Nothing in this Agreement shall be interpreted or operate as a bar or restriction to consultation or cooperation in any field of defense by either Party with other nations or international organizations. Neither Party, however, shall communicate classified information or transfer or permit access to or use of materials, or equipment, made available by the other Party pursuant to this Agreement to any nation or international organization unless authorized to do so by such other Party, or unless such other Party has informed the recipient Party that the same information has been made available to that nation or international organization. ARTICLE VIII CLASSIFICATION POLICIES Agreed classification policies shall be maintained with respect to all classified information, materials or equipment communicated, exchanged or transferred under this Agreement. The Parties intend to continue the present practice of consultation with each other on the classification of these matters. ARTICLE IX PATENTS A. With respect to any invention or discovery employing classified information which has been communicated or exchanged pursuant to Article II or derived from the submarine propulsion plant, material or equipment transferred pursuant to Artícle III, and made or conceived by the recipient Party, or any agency or corporation owned or controlled thereby, or any of their agents or contractors, or any employee of any of the foregoing, after the date of such communication, exchange or transfer but during the period of this Agreement: 1. in the case of any such invention or discovery in which rights are owned by the recipient Party, or any agency or corporation owned or controlled thereby, and not included in subparagraph 2 of this paragraph, the recipient Party shall, to the extent owned by any of them: (a) transfer and assign to the other Party all right, title and interest in and to the invention or discovery, or patent application or patent thereon, in the country of that other Party, subject to the retention of a royalty-free, non-exclusive, irrevocable license for the governmental purposes of the recipient Party and for the purposes of mutual defense; and (b) grant to the other Party a royalty-free, non-exclusive, irrevocable license for the governmental purposes of that other Party and for purposes of mutual defense in the country of the recipient Party and third countries, including use in the production of material in such countries for sale to the recipient Party by a contractor of that other Party; 2. in the case of any such invention or discovery which is primarily useful in the production or utilization of special nuclear material or atomic energy and made or conceived prior to the time that the information it employs is made available for civil uses, the recipient Party shall: (a) obtain, by appropriate means, sufficient right, title and interest in and to the invention or discovery, or patent application or patent thereon, as may be necessary to fulfill its obligations under the following two subparagraphs: (b) transfer and assign to the other Party all right, title and interest in and to the invention or discovery, or patent application or patent thereon, in the country of that other Party, subject to the retention of a royalty-free, non-exclusive, irrevocable license, with the right to grant sublicenses, for all purposes; and (c) grant to the other Party a royalty-free, non-exclusive, irrevocable license, with the right to grant sublicenses, for all purposes in the country of the recipient Party and in third countries. B. 1. Each Party shall, to the extent owned by it, or any agency or corporation owned or controlled thereby, grant to the other Party a royalty-free, non-exclusive, irrevocable license to manufacture and use the subject matter covered by any patent and incorporated in the submarine propulsion plant and spare parts transferred pursuant to paragraph A of Article III for use by the licensed Party for the purposes set forth in paragraph C of Article V. 2. The transferring Party neither warrants nor represents that the submarine propulsion plant or any material or equipment transferred under Article III does not infringe any patent owned or controlled by other persons and assumes no liability or obligation with respect thereto, and the recipient Party agrees to indemnify and hold harmless the transferring Party from any and all liability arising out of any infringement of any such patent. C. With respect to any invention or discovery, or patent application or patent thereon, or license or sublicense therein, covered by paragraph A of this Article, each Party: 1. may, to the extent of its right, title and interest therein, deal with the same in its own and third countries as it may desire, but shall in no event discriminate against citizens of the other Party in respect of granting any license or sublicense under the patents owned by it in its own or any other country; 2. hereby waives any and all claims against the other Party for compensation, royalty or award, and hereby releases the other Party with respect to any and all such claims. D. 1. No patent application with respect to any classified invention or discovery employing classified information which has been communicated or exchanged pursuant to Article II, or derived from the submarine propulsion plant, material or equipment transferred pursuant to Article III, may be filed: (a) by either Party or any person in the country of the other Party except in accordance with agreed conditions and procedures; or (b) in any country not a party to this Agreement except as may be agreed and subject to Articles VI and VII. 2. Appropriate secrecy or prohibition orders shall be issued for the purpose of giving effect to this paragraph. ARTICLE X PREVIOUS AGREEMENTS FOR COOPERATION Effective from the date on which the present Agreement enters into force, the cooperation between the Parties being carried out under or envisaged by the Agreement for Cooperation Regarding Atomic Information for Mutual Defense Purposes, which was signed at Washington on June 15, 1955, and by paragraph B of Article I bis of the Agreement for Cooperation on Civil Uses of Atomic Energy, which was signed at Washington on June 15, 1955,* as amended by the Amendment signed at Washington on June 13, 1956, shall be carried out in accordance with the provisions of the present Agreement. Text in American Foreign Policy, 1950–1955: Basic Documents, pp. 2877-2880. TIAS 3321; 6 UST 2709. "TIAS 3608; 7 UST 2058. ARTICLE XI DEFINITIONS For the purposes of this Agreement: A. "Atomic weapon" means any device utilizing atomic energy, exclusive of the means for transporting or propelling the device where such means is a separable and divisible part of the device), the principal purpose of which is for use as, or for development of, a weapon, a weapon prototype, or a weapon test device. B. "Classified information" means information, data, materials, services or any other matter with the security designation of "Confidential" or higher applied under the legislation or regulations of either the United States or the United Kingdom, including that desigrated by the Government of the United States as "Restricted Data" or Formerly Restricted Data" and that designated by the Government of the United Kingdom as "ATOMIC". C. "Equipment" means any instrument, apparatus or facility and includes any facility, except an atomic weapon, capable of making use of or producing special nuclear material, and component parts thereof, and includes submarine nuclear propulsion plant, reactor and military reactor. D. "Military reactor" means a reactor for the propulsion of naval vessels, aircraft or land vehicles and military package power reactors. E. "Person" means: 1. any individual, corporation, partnership, firm, association, trust, estate, public or private institution, group, government agency or government corporation other than the United States Atomic Energy Commission and the United Kingdom Atomic Energy Authority; and 2. any legal successor, representative, agent or agency of the fore going. F. "Reactor" means an apparatus, other than an atomic weapon, in which a self-supporting fission chain reaction is maintained and controlled by utilizing uranium, plutonium or thorium, or any combination of uranium, plutonium or thorium. G. "Submarine nuclear propulsion plant" means a propulsion plant and includes the reactor, and such control, primary, auxiliary, steam and electric systems as may be necessary for propulsion of submarines. H. References in this Agreement to the Government of the United Kingdom include the United Kingdom Atomic Energy Authority. ARTICLE XII DURATION This Agreement shall enter into force on the date on which each Government shall have received from the other Government written Lotification that it has complied with all statutory and constitutional requirements for the entry into force of this Agreement, and shall remain in force until terminated by agreement of both Parties, except that, if not so terminated, Article II may be terminated by agreement *Aug. 4, 1958. of both Parties, or by either Party on one year's notice to the other to take effect at the end of a term of ten years, or thereafter on one year's notice to take effect at the end of any succeeding term of five years. IN WITNESS WHEREOF, the undersigned, duly authorized, have signed this Agreement. DONE at Washington this third day of July, 1958, in two original texts. FOR THE GOVERNMENT OF THE UNITED STATES OF AMERICA: FOR THE GOVERNMENT OF THE UNITED HOOD 176. APPROVAL OF THE UNITED STATES-UNITED KINGDOM AGREEMENT FOR COOPERATION IN THE USES OF ATOMIC ENERGY FOR MUTUAL DEFENSE PURPOSES: Report of the Joint Committee on Atomic Energy, July 29, 1958 1 Pursuant to a recent amendment to the Atomic Energy Act of 1954 voted by the Congress," the President on July 3, 1958, approved and authorized the execution of a proposed agreement for cooperation between the United Kingdom and the United States pertaining to cooperation on the uses of atomic energy for mutual defense purposes. On that same day, the proposed agreement was submitted to the President of the Senate and the Speaker of the House and referred to the Joint Committee on Atomic Energy. The Subcommittee on Agreements for Cooperation of the Joint Committee on Atomic Energy, after reviewing the proposed agreement and receiving testimony in executive session from representatives of the Department of Defense, the Atomic Energy Commission, and the State Department, unanimously concluded and reported to the Joint Committee that the proposed agreement is in conformance with the letter and spirit of the Atomic Energy Act of 1954, as amended. The Joint Committee on July 22, 1958, met and adopted the report and interposed no objections to the proposed agreement. This report is made by the Joint Committee in accordance with the provisions of section 202 of the Atomic Energy Act of 1954, as amended. HEARING The Subcommittee on Agreements for Cooperation held a hearing in executive session, July 11, 1958, to consider the proposed agreement. The following witnesses appeared at this hearing: For the State Department: Frederick Jandrey, Acting Assistant Secretary for European Affairs. Philip J. Farley, Special Assistant to the Secretary for Disarmament and Atomic Energy. Richard Breithut, Deputy Special Assistant to the Secretary of State for William N. Dale, Officer in Charge United Kingdom and Ireland Affairs. 1H. Rept. 2299, 85th Cong. 2 See post, doc. 595. 3 Text supra. |