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Mar 8-9th 2017, Japan
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List of Participants

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Forum for Nuclear Cooperation in Asia (FNCA)
“FNCA 2017 Study Panel / International Workshop”

Group Photo
The 2017 Study Panel/International Workshop of the Forum for Nuclear Cooperation in Asia (FNCA) was held on 8 to 9 March 2017 in Tokyo, sponsored by the Cabinet Office of Japan (CAO) and Japan Atomic Energy Commission (JAEC), and co-sponsored by the Ministry of Education, Culture, Sports, Science and Technology. The participants included the representatives of 11 countries (Australia, Bangladesh, China, Indonesia, Japan, Kazakhstan, Malaysia, Mongolia, the Philippines, Thailand and Vietnam), as well as those invited from IAEA (INLEX) and OECD/NEA.

1. Background
FNCA member countries have been sharing the same recognition concerning the importance of developing appropriate infrastructure for the introduction of nuclear power, such as establishing legal framework and human resources development. Against this background, the FNCA 2017 Study Panel on "nuclear liability" was held with the cooperation of the relevant international organizations which have extensive experience and knowledge. At the meeting, reports on "Japan's nuclear compensation system and experience in Fukushima", which is of deep concern to the member countries, were introduced systematically, and member countries shared an awareness of the importance and necessity of development of legal systems.

2. Keynote speech
Mr Roland Dussart-Desart, Chairman of the NEA Nuclear Law Committee gave a keynote speech on the basic principles of nuclear liability regime (the strict liability and the channeling), the background of the establishment and the amendment of the Paris Convention and the Brussels Supplementary Convention, the Vienna Convention, and the Convention on Supplementary Compensation for Nuclear Damage (CSC).

3. Presentations
(1) Ms Ximena Vásquez Maignan, Head, Office of Legal Counsel, the OECD/NEA gave a presentation on the details of the Paris Convention, the Vienna Convention and the current status of treaties of each country.
(2) Mr Steven McIntosh, Chairman of the IAEA International Expert Group on Nuclear Liability (INLEX) gave a presentation on the development of domestic laws upon conclusion of a nuclear liability treaty.
(3) Mr Sebastian Reitsma, a nuclear insurance expert, gave a presentation on the overview of nuclear insurance, the structure of nuclear insurance pools and the scope and conditions applicable to the pools.
Photo of Mr Dussart-Desart
Mr Roland Dussart-Desart, Chairman of the NEA Nuclear Law Committee
(left) Ms Ximena Vásquez Maignan, Head, Office of Legal Counsel, the OECD/NEA
(middle) Mr Steven McIntosh, Chairman of the IAEA International Expert Group on Nuclear Liability (INLEX)
(right) Mr Sebastian Reitsma, a nuclear insurance expert

4. Japan's nuclear compensation system and experiences in Fukushima
(1) Dr Toyohiro Nomura from Gakushuin University gave an overview of the response to the accident that occurred at Fukushima Daiichi and Daini Nuclear Power Stations of Tokyo Electric Power Company such as the establishment of the Dispute Reconciliation Committee for Nuclear Damage Compensation and the formulation of guidelines concerning the determination of the scope of application to nuclear damage based on Japan’s compensation system for nuclear damage in accordance with the relevant treaties.
(2) Mr Shinsuke Toyonaga from the Nuclear Damage Compensation and Decommissioning Facilitation Corporation gave the current progress of compensation arrangements such as the fact that compensation for personal damages has been made to people who were living in the mandatory evacuation zones and those who voluntarily evacuated; compensation for business disruption has been made to corporations and sole proprietors; the reparations fund has been spent to compensate victims through the Nuclear Damage Compensation and Decommissioning Facilitation Corporation.
(3) Prof Kazuhiko Yamamoto from Hitotsubashi University explained that the Alternative Dispute Resolution Center has a high success rate of mediation, because, although not legally binding, TEPCO has promised to respect the settlement proposals made by the Alternative Dispute Resolution Center.
(4) Prof Shigeru Takahashi from Hosei University introduced the panel to the current review of Japan’s nuclear damage compensation system underlining the need for further deliberation on such issues as the scope of responsibility of nuclear power plant operators.

5. Recent Developments in FNCA Member Countries
- The representatives of FNCA member countries reported and answered questions on existing systems and recent developments concerning nuclear liability, and on the plans and challenges to introduce nuclear liability system.
- The current status of a nuclear liability system varies among the FNCA member countries. There are some countries where no specific steps have been taken for achieving the treaty targets, while domestic laws in line with the treaty are being developed; some countries where domestic laws do not conform to treaty provisions even though the country has signed the treaty; some countries where the process for complying with the treaty has been established although domestic laws compatible with treaty obligations have not been established yet.

6. Summary of the Study Panel
 Finally, Mr Abe, Commissioner of JAEC and Chair of the meeting, concluded the study panel as follows:
- Through various talks concerning the international legal framework for nuclear damage compensation, understanding of each treaty was promoted, as well as recognition of the importance of concluding treaties, and the development/amendment of domestic legislation to accompany that.
- Through sharing of the Japanese nuclear damage compensation system and experiences of Fukushima, recognition was encouraged of the need to develop a framework for a compensation system to respond quickly to accidents.
- The countries participating in the FNCA are located near each other, and there is a high degree of interest in issues such as compensation when damage is incurred across national borders. It was significant that the countries participating in FNCA were able to learn more about the development situation regarding nuclear damage compensation systems in other countries.
- As the chair of this meeting, Mr Abe would like, in the future, to hold a meeting with this theme again, and share the progress of efforts in each country.


Forum for Nuclear Cooperation in Asia (FNCA)
“FNCA 2017 Study Panel/International Workshop”
Agenda

Date: 8 -9 March 2017
Venue: Mita Conference Hall, Tokyo, Japan
Organized by: Cabinet Office (CAO) Government of Japan
Japan Atomic Energy Committee (JAEC)
Ministry of Education, Culture, Sports, Science and Technology, Japan (MEXT)
Cooperation: OECD Nuclear Energy Agency (NEA)
Chair Mr Nobuyasu ABE, Commissioner of JAEC
Working Language: English

Wednesday, 8 March
13:30 - 13:45 Session 1: Opening (15min.) *Open to Press
Chair: Mr Nobuyasu Abe (Japan)
1. Opening remarks by Mr Nobuyasu Abe
2. Welcome remarks by Dr Shuichiro Itakura, Deputy Director-General, Research and Development Bureau of MEXT
3. Self-introduction of participants
4. Confirmation of agenda
13:45 - 13:50 Commemorative Photo (5 min.)
13:50 - 14:30 Session 2: Keynote Speech (30min.+Q&A10min.=40min.) *Open to Press
Chair: Dr Shuichiro Itakura ( Japan )
- Importance of international nuclear liability regimes
Mr Roland Dussart-Desart
  Conseiller general, Head of the legal division FPS, Economy, SME's, Self-employed and Energy
Chair of the NEA Nuclear Law Committee
14:30 - 15:50 Session 3: International Nuclear Liability Regimes (80min.)
Chair: Dr Shuichiro Itakura (Japan)
1. Mr Steve McIntosh
Chair of the IAEA International Expert Group on Nuclear Liability
2. Ximena Vàsquez-Maignan
Head of the Office of Legal Counsel, OECD/NEA
- Presentations (60min.)
- Q&A and discussion (20min.)
15:50 - 16:10 Coffee Break (20min.)
16:10 - 17:10 Session 4: Nuclear Liability Insurance (60min.)
Chair: Dr Shuichiro Itakura ( Japan )
1. Mr Sebastian Reitsma
Former Director Nuclear Energy Swiss Reinsurance Company Ltd.
- Presentations (30min.)
- Q&A and discussion (30min.)
17:30 - 18:50 Welcome Reception Hosted by CAO (80min.)

Thursdaym, 9 March
10:00 - 11:45 Session 5: Japan's Nuclear Compensation System and Experience in Fukushima (105min.)
Chair: Dr Shuichiro Itakura (Japan)
Topic 1: Legal frameworks (15min.)
- Prof Toyohiro Nomura (Emeritus Professor, Gakushuin University)
Topic 2: Scope of payments (15min.)
- Mr Shinsuke Toyonaga (Advisor, The Nuclear Damage Compensation and Decommissioning Facilitation Corporation)
Topic 3: Procedure for handling claims (15min.)
- Prof Kazuhiko Yamamoto (Professor, Hitotsubashi University)
Topic 4: Review of Japan’s nuclear compensation system (20min.)
- Prof Shigeru Takahashi (Professor, Hosei University)
- Q&A and discussion (20min.)
11:45 - 13:15 Lunch (90min.)
13:15 - 14:35 Session 6-1: Recent Developments in FNCA Member Countries (80min.)
Chair: Mr Nobuyasu Abe (Japan)
Topic 1: Existing systems and recent developments
Topic 2: Plans or challenges to introduce nuclear liability system
- Q&A and discussion (10min.)
14:35 - 14:55 Coffee Break (20min.)
14:55 - 16:15 Session 6-1: Recent Developments in FNCA Member Countries (80min.)
Chair: Mr Nobuyasu Abe (Japan)
Topic 2: Plans or challenges to introduce nuclear liability system
- Discussion and wrap-up (30min.)
16:15 - 16:25 Session 7: Closing (10 min.)
Chair: Mr Nobuyasu Abe (Japan)

List of Participants in the “FNCA 2017 Study Panel/International Workshop”

■Participants from FNCA countries
Australia

Mr Peter McGLINN
Senior Adviser
International Relations
Australian Nuclear Science & Technology Organisation (ANSTO)
*FNCA Coordinator of Australia

Mr Steven McINTOSH
Senior Manager,
Government & International Affairs,
Australian Nuclear Science and Technology Organisation (ANSTO)

Bangladesh

Dr Dilip Kumar SAHA
Member,
Physical Science,
Bangladesh Atomic Energy Commission (BAEC)
*FNCA Coordinator of Bangladesh

Dr Jahanara BEGUM
Principal Scientific Officer,
Bangladesh Atomic Energy Regulatory Authority (BAERA)

China

Prof LONG Maoxiong
Deputy Secretary General
China Nuclear Energy Association (CNEA)

Dr CHEN Gang
General Legal Counsel,
China Nuclear Power Engineering Co. Ltd

Indonesia

Dr Hendig WINARNO
Deputy Chairman for Nuclear Technology Utilization,
National Nuclear Energy Agency of Indonesia (BATAN),
*FNCA Coordinator of Indonesia

Mr Estopet Mangido Dairo SORMIN
Senior staff on Law in Bureau of Law,
Human Relations, and Cooperation, National Nuclear Energy Agency of Indonesia (BATAN)

Kazakhstan

Prof Erlan BATYRBEKOV
Director General,
National Nuclear Center (NNC) of the Republic of Kazakhstan
*FNCA Coordinator of Kazakhstan

Mr Yevgeniy TUR
Senior Engineer,
National Nuclear Center (NNC) of the Republic of Kazakhstan
*FNCA Project Leader of Kazakhstan (Radiation Safety and Radioactive Waste Management)

Republic of Korea

Absent

Malaysia

Ms Siti Syarina Binti MAT SALI
Research Officer,
Malaysian Nuclear Agency

Ms Noraishah PUNGUT
Director of Assessment and Licensing Division,
Atomic Energy Licensing Board

Mongolia

Mr CHADRAABAL Mavag
Head,
Nuclear Technology Department,
Executive Office, Nuclear Energy Commission (NEC)
*FNCA Coordinator of Mongolia

Mr NYAMDAVAA Enkhgerel
Acting Head,
Nuclear Safety and Security Department,
Executive Office,
Nuclear Energy Commission (NEC)

The Philippines

Dr Soledad S. CASTAÑEDA
Chief Science Research Specialist,
Philippine Nuclear Research Institute (PNRI)
*FNCA Coordinator of the Philippines

Thailand

Dr Hannarong SHAMSUB
Deputy Executive Director,
Thailand Institute of Nuclear Technology (TINT)

Ms Chotiwan NARUTHEP
Legal officer,
Office of Atoms of Peace (OAP)

Ms Nalin NITISATAPAT
Head of Legal Section,
Thailand Institute of Nuclear Technology (TINT)

Vietnam

Dr CAO Dinh Thanh
Vice President,
Vietnam Atomic Energy Institute (VINATOM)
*FNCA Coordinator of Vietnam

Ms CAO Hong Lan
Deputy Director,
Department of International Cooperation,
Vietnam Atomic Energy Institute (VINATOM)

■Participants from International Organisations

Mr Roland DUSSART-DESART
Conseiller General, Head of the Legal Division,
FPS Economy, SME's, Self-Employed and Energy
Chairman of the NEA Nuclear Law Committee

Ms Ximena VÁSQUEZ MAIGNAN
Head,
Office of Legal Counsel,
OECD/Nuclear Energy Agency (NEA)

Mr Sebastiaan REITSMA
Independent Nuclear Insurance Expert,
Swiss Reinsurance Company Ltd

■Participants from Japan

1. Cabinet Office, Government of Japan (CAO)
(1) Japan Atomic Energy Commission (JAEC)
Dr Yoshiaki OKA
Chairman,
Japan Atomic Energy Commission (JAEC)

Mr Nobuyasu ABE
Commissioner,
Japan Atomic Energy Commission (JAEC)

Dr Tomoko M NAKANISHI
Commissioner,
Japan Atomic Energy Commission (JAEC)

(2) Secretariat of Japan Atomic Energy Commission (JAEC)
Mr Hideo SHINDO
Deputy Director General for Science,
Technology and Innovation, Cabinet Office, Japan (CAO)

Mr.Nobuhiro MUROYA
Director for Atomic Energy Bureau of Science, Technology,Innovation and Policy,
Cabinet Office, Japan

Mr Yu SUMIKAWA
Deputy-Director, Office of Atomic Energy Policy,
Secretariat of the Atomic Energy Commission,
Cabinet Office, Japan (CAO)

Mr Motomitsu SADAYASU
Senior Researcher,
Office of Atomic Energy Policy,
Secretariat of the Atomic Energy Commission, Cabinet Office (CAO)

Ms Atsuko SUZUKI
Senior Researcher,
Office of Atomic Energy Policy,
Secretariat of the Atomic Energy Commission, Cabinet Office (CAO)

Ms Yuriko SAKURAZAWA
Senior Researcher,
Office of Atomic Energy Policy,
Secretariat of the Atomic Energy Commission, Cabinet Office (CAO)

2. Ministry of Foreign Affairs (MOFA)
Ms Kanami NAGAI
Official,
International Nuclear Energy Cooperation Division,
Disarmament, Non-Proliferation and Science Department,
Ministry of Foreign Affairs (MOFA)

Ms Ayako KUBO
Researcher,
International Nuclear Energy Cooperation Division,
Disarmament, Non-Proliferation and Science Department,
Ministry of Foreign Affairs (MOFA)

3. Ministry of Education, Culture, Sports, Science and Technology (MEXT)
Dr Shuichiro ITAKURA
Deputy Director-General,
Research and Development Bureau,
Ministry of Education, Culture, Sports, Science and Technology (MEXT)

Mr Eisuke FUTAMURA
Director,
Research and Development Policy Division,
Research and Development Bureau,
Ministry of Education, Culture, Sports, Science and Technology (MEXT)

Mr Yasunori YAMASHITA
Director for Nuclear Liability,
Deputy Director of Nuclear Liability Office,
Research and Development Bureau,
Ministry of Education, Culture, Sports, Science and Technology (MEXT)

Mr Keisuke AKAMA
Director for Nuclear Liability,
Deputy Director of Nuclear Liability Office,
Research and Development Bureau,
Ministry of Education, Culture, Sports, Science and Technology (MEXT)

Mr Tsutomu AWAZU
Deputy Director,
Nuclear Liability Office,
Research and Development Bureau,
Ministry of Education, Culture, Sports, Science and Technology (MEXT)

Mr Yoshifumi SASAKI
Administrative Researcher,
Nuclear Liability Office,
Research and Development Bureau,
Ministry of Education, Culture, Sports, Science and Technology (MEXT)

Ms Masami ONO
Deputy Director,
Environment and Energy Division,Research and Development Bureau,
Ministry of Education, Culture, Sports, Science and Technology (MEXT)

Mr Hiroyuki KAMAI
Director,
Office for Nuclear Non-Proliferation Science and Technology,
International Nuclear and Fusion Affairs Division,
Research and Development Bureau,
Ministry of Education, Culture, Sports, Science and Technology (MEXT)

Dr Yuichi MICHIKAWA
Deputy Director,
International Nuclear and Fusion Affairs Division,
Research and Development Bureau,
Ministry of Education, Culture, Sports, Science and Technology (MEXT)

Mr Shoji KASUGA
Researcher,
International Nuclear and Fusion Affairs Division,
Research and Development Bureau,
Ministry of Education, Culture, Sports, Science and Technology (MEXT)

4. Coordinator
Mr Tomoaki WADA
FNCA Coordinator of Japan

5. Advisor
Dr Hideki NAMBA
FNCA Advisor of Japan

6. Presenters
Dr Toyohiro NOMURA
Emeritus Professor,
Gakushuin University

Mr Shinsuke TOYONAGA
Advisor,
Nuclear Damage Compensation and Decommissioning Facilitation Corporation

Prof Kazuhiko YAMAMOTO
Professor,
Hitotsubashi University

7. Observers
Prof Hajime NAKAJIMA
Attorney at Law,
Toin Law School

Dr Makoto AKASHI
Executive Officer,
National Institutes for Quantum and Radiological Science and Technology (QST)

Mr Satoshi FURUTA
Section Manager,
International Affair Section,
Department of Management and Planning,
National Institute for Quantum and Radiological Science and Technology (QST)

Mr Tomohiro ICHIKI
Director & General Manager,
The Japan Atomic Energy Insurance Pool

Mr Tetsuro KIHARA
Senior Managing Director,
The Japan Atomic Energy Insurance Pool

Mr Atsushi HOTANI
Manager,
The Japan Atomic Energy Insurance Pool

Forum for Nuclear Cooperation in Asia