Brief Study of Scientific Agreement on Nuclear Research between CNPq and the Nuclear Research Center of Jülich

Brasília, DF

19 October 1971

BRIEF STUDY NO. 76/SG-1/71

1. SUBJECT

Special Convention on Cooperation in the Fields of Research and Technological Development to be celebrated between the National Research Council (CNPq) and the Jülich Center for Nuclear Research (RFA).

2. ORIGIN

Exposição de Motivos no. DEOc/DCT/326/552(81a) dated 4 October 1971, from MRE, sent to this Secretariat by Ofício no. 552, of 5 October 1971, from the Civilian Household of the Presidency of the Republic.       

3. LEGISLATION AND BASIC DOCUMENTS

• Decree no. 65.160, of 15 September 1969, enacting the General Agreement of Cooperation with Germany.
• Guidelines for the National Nuclear Energy Policy.
• National Strategic Concept.
• Law no. 4.533, of 5 December 1964, and Decree no. 56.122, of 27 April 1965 (CNPq).
• Law no. 4.118, of 27 August 1962 and Decree no. 51.726, of 19 February 1963 (CNEN)
• Special Convention between the National Nuclear Energy Commission and the Jülich Center for Nuclear Research (RFA).
• Dossier no. G.1.34.4.
•  

4. ANTECEDENTS

- The governments of Brazil and the Federal Republic of Germany signed in June of 1969, a General Agreement on Cooperation in Scientific Research and Technological Development.  

- Based on said Agreement, a Special Convention was signed in April of 1971, between the National Nuclear Energy Commission (CNEN) and the Jülich Center for Nuclear Research, with the objective of encouraging cooperation in several areas of research and nuclear technical development.

- With Exposição de Motivos no. DEOC/DCT/326/552 (81a) of October 4, 1971, MRE submitted to the President of the Republic a draft of the Special Convention to be signed between the National Research Council (CNPq) and the Jülich Center for Nuclear Research.

5. ASSESSMENT

         5.1 – General Agreement on Cooperation between Brazil and Germany.

5.1.1 – Relevant data

Said Agreement, enacted by Decree no. 65.160, of 15 September 1969, contains the following provisions:

Art.1 - …………………………………………………………………………………

§ 1 –The Contracting Parties shall promote, for peaceful purposes, cooperation between both countries in the areas of scientific research and technological development.

§ 2 – The following areas are particularly considered for cooperation:

1. Nuclear Energy and Development of Nuclear Technology.

                                                                …………………………………………………………………

§ 3 – In each case, the cooperation shall be the subject of special conventions to be negotiated by the Contracting Parties or in their absence, by agencies designated by them. Such conventions will enter into force, whenever necessary, through exchange of Notes.

3.1.2 – Partial Conclusion

- The signature of a Special Convention between the National research Council (CNPq) and the Jülich Center for Nuclear Research (RFA), in the areas of research and technical development, is consistent with the objectives of the General Agreement on Cooperation signed between Brazil and the Federal Republic of Germany.

5.2 – Special Convention between CNEN and KFA    

- Brazil and the Federal Republic of Germany concluded an Agreement, through exchange of Notes, in April current of that year, approving a Special Convention between the National Nuclear Energy Commission (CNEN) and the Jülich Center for Nuclear Research (KFA).

- Said Convention, based on the General Agreement on Cooperation signed between the two countries, was closely assessed by this Secretariat, which arrived at the following conclusions:

“The signature of the Convention is opportune since it will bring broad technical cooperation in a fundamental area for national development.

The text is consistent with the ends and objectives of the National Nuclear Energy Policy and is supported by the National Strategic Concept”.

5.3 – Draft Special Convention CNPq-RFA

         5.3.1 – Views of MRE

- Upon transmitting the draft Convention, the Ministry of External Relations emphasized: “The annexed draft (…) reproduces, almost in its entirety, the provisions of the Special Convention between the National Nuclear Energy Commission and the Jülich Center for Nuclear Research (…)”

- Under those conditions it is useful to carry on this study in the form of a comparison between the previous Convention, already assessed by this General Secretariat.

5.3.2 – Comparison between CNEN and KFA

- The Special Convention proposed for signature between the National Research Council and the Jülich Center for Nuclear Research is in fact, similar to the one previously signed between that German entity and CNEN.

- With regard to the areas of cooperation between the two entities, it can be seen that:

- The Special Agreement between KFA and CNEN provides for cooperation in the following areas:

- Production of nuclear energy;

- Raw materials used in the nuclear techniques;

- Fuels and fuel cycles;                              

- Production and applications of radioisotopes;

- Problems of personnel formation;

- Nuclear chemistry;

- Nuclear physics;

- System analysis.

- The Special Convention between KFA and CNPq whose signature is envisaged proposes collaboration in the following fields:

- Theoretical, experimental and applied physics;

- Theoretical and experimental organic and inorganic chemistry and physical chemistry;

- Geology, geophysics and geochemistry;

- Science of materials;

- Industrial technology;

- Agriculture;

- Veterinary medicine;

- Biology, biochemistry and geochemistry;

- Production and application of radioisotopes in science and technology;

- Astronomy.

- A comparative analysis of the two texts in what regards the area of cooperation between the two entities permits the conclusion that the conventions are complementary. Possible overlapping in some of the areas encompassed by the conventions can be easily avoided by means of adjustments between the participant Brazilian entities.

- The language of Article 9 shows a change with regard to liability for damage:

  - The Convention between KFA and CNEN establishes:

“(1) The Contracting Institutions are reciprocally not liable for damages caused by a participating scientist or technician in the host country within the framework of this Convention. Neither shall such scientist or technician be liable, in that case, before the Contracting Institutions.

(2) In the case that a participating scientist or technician within the scope of the present Convention is liable, according to the legislation of the host country, before third parties for damages caused in the exercise of his duties, the Contracting Institution of the host country shall relieve him of such liability, to the extent that the person is not covered by insurance.”

- Article 9 of the Special Convention between CNPq and KFA establishes:

“(1) – The Contracting Institutions are reciprocally not liable for damages caused by a scientist of technician staying in the host country within the scope of the present Convention.

(2) Scientists and technicians staying in the host country in accordance with the present Convention shall be liable before the host Contracting Party only to the extent that such damage has been intentional or caused by serious negligence.

(3) In the case of damage to third parties by scientists or technicians, local laws and regulations shall apply”.

- It can be seen that the draft Convention defines the liability of a scientist or technician when he causes damage intentionally or by serious negligence; such a clause does not appear in the previous instrument. It is also clear that in the case of damage to third parties the new Convention provides, more adequately, for the simple application of local laws and regulations.

5.3.2 - Partial conclusions

- The proposed draft reproduces almost in their entirety the provisions of the Special Convention between the National Nuclear Energy Commission and the Jülich Center for Nuclear Research, previously examined by this General Secretariat and deemed appropriate for its purposes.

- In what regards the areas of interests encompassed, the Conventions are complementary and allow for the widening of the scope of cooperation between the entities of the two countries.

5.4 – National Nuclear Energy Policy     

         5.4.1 – Guidelines

“1. PURPOSES

1. – Of the National Nuclear Energy Policy:

To promote in Brazil, as a high priority, the use of nuclear energy in all its forms of peaceful utilization at the service of the national economic, scientific and technological development, as well as for the welfare of the Brazilian people.                                           

2.  OBJECTIVES

      2.1 -  Immediate

…………………………………………………………………………

2.1.7 – To encourage the use of nuclear energy for peaceful purposes in the different areas of national development.

2.2 – Permanent

         ………………………………………………………………………2.2.4 – To make full use of nuclear energy for peaceful purposes in all branches of national activity.

2.2.5 – To activate technical exchanges with other countries in the field of nuclear energy, especially the more developed countries.”

5.4.2 – Partial conclusions

The Special Convention between the National Research Council (CNPq) and the Jülich Center for Nuclear Research is consistent with the measures called for by the Guidelines for the National Nuclear Energy Policy.

5.5 - Areas of competence  

        5.5.1 – Law no. 4.533, of 8 December 1964

                    “………………………………………………………………………………………

                    Art. 3 – The National Research Council shall primarily:

1. Formulate the National Scientific and Technological Policy and carry it out by planning with short- and long-term programs, periodically reviewed;
2. Act in articulation with Ministries and other government agencies on scientific and technological issues, in order to ensure the coordination of programs and the better utilization of efforts and resources;

………………………………………………………………………………………

e) promote the formation and training of researchers and technicians, organize or cooperate in the organization of specialized courses with the participation of national and foreign professors,  grant scholarships for study or research and promote internships in technical-scientific institutions and industrial establishments in Brazil or abroad;

……………………………………………………………………………”                                          

5.5.2 – Law no. 4.118, of 27 August 1962

             “……………………………………………………………………………………Article 4 – CNEN shall:

                                  ………………………………………………………………………

VII – Express its views on international projects, agreements, conventions or commitments of any kind, relating to nuclear energy.

………………………………………………………………………”.                                               

5.5.3 – Guidelines for the National Nuclear Energy Policy.

              “……………………………………………………………………………………

3.1 – Responsibility

- The Brazilian government reserves its exclusive rights in what regards the guidance and control of all activities in the field of nuclear energy.

- The President of the Republic is responsible for the general guidance of the National Nuclear Energy Policy.

- The National Security Council is responsible for the oversight, guidance and coordination of the National Nuclear Energy Policy.

3.2 – Competences and Duties

         3.2.1 – National Security Council

The General Secretariat of the National Security Council is responsible for proposing the general norms of internal and external security to be adopted for nuclear activities within the country.

3.2.2 – Ministry of Mines and Energy:

The Ministry of Mines and Energy is responsible for planning, carrying out and controlling the National Nuclear Energy Policy.

  3.2.3 - Ministry of External Relations:

The Ministry of External Relations is responsible, in articulation with the Ministry of Mines and Energy, for assisting Ministries or interested agencies in political-diplomatic aspects, as well as for proceeding, after consultation to the National Security Council, to the signature of agreements or conventions with foreign governments and private entities, as well as with international organizations necessary or useful to the implementation of established programs.

……………………………………………………………………………

3.2.12 – National Research Council

The National Research Council is responsible, in articulation with the Ministry of Mines and Energy, for collaborating in the development of the program of pure research related to nuclear energy.”

5.5.4 – Partial conclusions

- taking into account the existing legislation and the premises established by the Guidelines for the National Nuclear Energy Policy, it is deemed convenient that negotiations regarding the Convention under study be conducted in accordance with the Ministry of Mines and Energy.

5.6 – Effects on National Security  

         5.6.1 – National Strategic Concept

                     “2.ESSENTIAL ELEMENTS OF GOVERNMENT POLICY

                           2.1 – In the political field

                                    ………………………………………………………………………………                    

   2.1.1 – External

                …………………………………………………………………………

2.1.2.3 – Intensification of the activity of Brazilian diplomacy, in accordance with the National Development Policy, with a view to the expansion of our external trade, to the access to the achievements of science and technology and the attainment of international cooperation for the development of national scientific research and technology.

…………………………………………………………………………

2.2 – In the economic field

         …………………………………………………………………………………

2.2.14 – Development of nuclear energy for peaceful purposes.      

…………………………………………………………………………

2.3 – In the psycho-social field

         …………………………………………………………………………………

2.3.2 – Intensification of scientific and technological research, as an instrument for the speeding up of development”.

5.6.2 – Partial Conclusion

The conclusion of a Convention between the National Research Council and the Jülich Center for Nuclear Research is supported by the Essential Elements of Governmental Policy, from the National Strategic Concept, thereby serving the high interests of National Security.

6. CONCLUSIONS

• The draft Special Convention between the National Research Council (CNPq) and the Jülich Center for Nuclear Research is fails in the context of the “General Agreement on Cooperation for Scientific Research and Technological Development”, signed by Brazil and Western Germany on June 1969.
• Said Convention, elaborated on the basis of the one previously signed between the National Nuclear Energy Commission and the Jülich Center for Nuclear Research, will permit to broaden the area of collaboration by encompassing other sectors of interest for both countries.
• It is, therefore, convenient to maintain compatibility between these two instruments of cooperation in the aspects related to the field of nuclear energy.
• The Guidelines for the National Nuclear Energy Policy contemplate, in this regard, forsees that the negotiations are conducted in close liaison with the Ministry of Mines and Energy.
• The conclusion of the Convention in accordance with the proposal of the Ministry of External Relations responds to the interests of National Security.

7. PROPOSAL

To draft an Exposição de Motivos to the President of the Republic according to the above conclusions.