| Media Note Office of the Spokesman Washington, DC August 3, 2007 U.S. and India Release Text of 123 AgreementThe following is the text of the Agreement for
Cooperation between the Government of the United States of America and the
Government of India concerning peaceful uses of nuclear energy (123
Agreement):
BEGIN TEXT:
AGREEMENT FOR COOPERATION BETWEEN The Government of India and the Government of the United States of
America, hereinafter referred to as the Parties,
RECOGNIZING the significance of civilian nuclear energy for meeting
growing global energy demands in a cleaner and more efficient manner;
DESIRING to cooperate extensively in the full development and use of
nuclear energy for peaceful purposes as a means of achieving energy
security, on a stable, reliable and predictable basis;
WISHING to develop such cooperation on the basis of mutual respect for
sovereignty, non-interference in each other's internal affairs, equality,
mutual benefit, reciprocity and with due respect for each other's nuclear
programmes;
DESIRING to establish the necessary legal framework and basis for
cooperation concerning peaceful uses of nuclear energy;
AFFIRMING that cooperation under this Agreement is between two States
possessing advanced nuclear technology, both Parties having the same
benefits and advantages, both committed to preventing WMD proliferation;
NOTING the understandings expressed in the India - U.S. Joint Statement
of July 18, 2005 to enable full civil nuclear energy cooperation with
India covering aspects of the associated nuclear fuel cycle;
AFFIRMING their support for the objectives of the International Atomic
Energy Agency (IAEA) and its safeguards system, as applicable to India and
the United States of America, and its importance in ensuring that
international cooperation in development and use of nuclear energy for
peaceful purposes is carried out under arrangements that will not
contribute to the proliferation of nuclear weapons or other nuclear
explosive devices;
NOTING their respective commitments to safety and security of peaceful
uses of nuclear energy, to adequate physical protection of nuclear
material and effective national export controls;
MINDFUL that peaceful nuclear activities must be undertaken with a view
to protecting the environment;
MINDFUL of their shared commitment to preventing the proliferation of
weapons of mass destruction; and
DESIROUS of strengthening the strategic partnership between them;
Have agreed on the following:
ARTICLE 1 - DEFINITIONS
For the purposes of this Agreement:
(A) "By-product material" means any radioactive material (except
special fissionable material) yielded in or made radioactive by exposure
to the radiation incident to the process of producing or utilizing special
fissionable material. By-product material shall not be subject to
safeguards or any other form of verification under this Agreement, unless
it has been decided otherwise by prior mutual agreement in writing between
the two Parties.
(B) "Component" means a component part of equipment, or other item so
designated by agreement of the Parties.
(C) "Conversion" means any of the normal operations in the nuclear fuel
cycle, preceding fuel fabrication and excluding enrichment, by which
uranium is transformed from one chemical form to another - for example,
from uranium hexafluoride (UF6) to uranium dioxide (UO2) or from uranium
oxide to metal.
(D) "Decommissioning" means the actions taken at the end of a
facility's useful life to retire the facility from service in the manner
that provides adequate protection for the health and safety of the
decommissioning workers and the general public, and for the environment.
These actions can range from closing down the facility and a minimal
removal of nuclear material coupled with continuing maintenance and
surveillance, to a complete removal of residual radioactivity in excess of
levels acceptable for unrestricted use of the facility and its site.
(E) "Dual-Use Item" means a nuclear related item which has a technical
use in both nuclear and non-nuclear applications.
(F) "Equipment" means any equipment in nuclear operation including
reactor, reactor pressure vessel, reactor fuel charging and discharging
equipment, reactor control rods, reactor pressure tubes, reactor primary
coolant pumps, zirconium tubing, equipment for fuel fabrication and any
other item so designated by the Parties.
(G) "High enriched uranium" means uranium enriched to twenty percent or
greater in the isotope 235.
(H) "Information" means any information that is not in the public
domain and is transferred in any form pursuant to this Agreement and so
designated and documented in hard copy or digital form by mutual agreement
by the Parties that it shall be subject to this Agreement, but will cease
to be information whenever the Party transferring the information or any
third party legitimately releases it into the public domain.
(I) "Low enriched uranium" means uranium enriched to less than twenty
percent in the isotope 235.
(J) "Major critical component" means any part or group of parts
essential to the operation of a sensitive nuclear facility or heavy water
production facility.
(K) "Non-nuclear material" means heavy water, or any other material
suitable for use in a reactor to slow down high velocity neutrons and
increase the likelihood of further fission, as may be jointly designated
by the appropriate authorities of the Parties.
(L) "Nuclear material" means (1) source material and (2) special
fissionable material. "Source material" means uranium containing the
mixture of isotopes occurring in nature; uranium depleted in the isotope
235; thorium; any of the foregoing in the form of metal, alloy, chemical
compound, or concentrate; any other material containing one or more of the
foregoing in such concentration as the Board of Governors of the IAEA
shall from time to time determine; and such other materials as the Board
of Governors of the IAEA may determine or as may be agreed by the
appropriate authorities of both Parties. "Special fissionable material"
means plutonium, uranium-233, uranium enriched in the isotope 233 or 235,
any substance containing one or more of the foregoing, and such other
substances as the Board of Governors of the IAEA may determine or as may
be agreed by the appropriate authorities of both Parties. "Special
fissionable material" does not include "source material". Any
determination by the Board of Governors of the IAEA under Article XX of
that Agency's Statute or otherwise that amends the list of materials
considered to be "source material" or "special fissionable material" shall
only have effect under this Agreement when both Parties to this Agreement
have informed each other in writing that they accept such amendment.
(M) "Peaceful purposes" include the use of information, nuclear
material, equipment or components in such fields as research, power
generation, medicine, agriculture and industry, but do not include use in,
research on, or development of any nuclear explosive device or any other
military purpose. Provision of power for a military base drawn from any
power network, production of radioisotopes to be used for medical purposes
in military environment for diagnostics, therapy and sterility assurance,
and other similar purposes as may be mutually agreed by the Parties shall
not be regarded as military purpose.
(N) "Person" means any individual or any entity subject to the
territorial jurisdiction of either Party but does not include the Parties.
(O) "Reactor" means any apparatus, other than a nuclear weapon or other
nuclear explosive device, in which a self-sustaining fission chain
reaction is maintained by utilizing uranium, plutonium, or thorium or any
combination thereof.
(P) "Sensitive nuclear facility" means any facility designed or used
primarily for uranium enrichment, reprocessing of nuclear fuel, or
fabrication of nuclear fuel containing plutonium.
(Q) "Sensitive nuclear technology" means any information that is not in
the public domain and that is important to the design, construction,
fabrication, operation, or maintenance of any sensitive nuclear facility,
or other such information that may be so designated by agreement of the
Parties.
ARTICLE 2 - SCOPE OF COOPERATION
1. The Parties shall cooperate in the use of nuclear energy for
peaceful purposes in accordance with the provisions of this Agreement.
Each Party shall implement this Agreement in accordance with its
respective applicable treaties, national laws, regulations, and license
requirements concerning the use of nuclear energy for peaceful purposes.
2. The purpose of the Agreement being to enable full civil nuclear
energy cooperation between the Parties, the Parties may pursue cooperation
in all relevant areas to include, but not limited to, the following:
a. Advanced nuclear energy research and development in such areas as
may be agreed between the Parties; 3. Transfer of nuclear material, non-nuclear material, equipment,
components and information under this Agreement may be undertaken directly
between the Parties or through authorized persons. Such transfers shall be
subject to this Agreement and to such additional terms and conditions as
may be agreed by the Parties. Nuclear material, non-nuclear material,
equipment, components and information transferred from the territory of
one Party to the territory of the other Party, whether directly or through
a third country, will be regarded as having been transferred pursuant to
this Agreement only upon confirmation, by the appropriate authority of the
recipient Party to the appropriate authority of the supplier Party that
such items both will be subject to the Agreement and have been received by
the recipient Party.
4. The Parties affirm that the purpose of this Agreement is to provide
for peaceful nuclear cooperation and not to affect the unsafeguarded
nuclear activities of either Party. Accordingly, nothing in this Agreement
shall be interpreted as affecting the rights of the Parties to use for
their own purposes nuclear material, non-nuclear material, equipment,
components, information or technology produced, acquired or developed by
them independent of any nuclear material, non-nuclear material, equipment,
components, information or technology transferred to them pursuant to this
Agreement. This Agreement shall be implemented in a manner so as not to
hinder or otherwise interfere with any other activities involving the use
of nuclear material, non-nuclear material, equipment, components,
information or technology and military nuclear facilities produced,
acquired or developed by them independent of this Agreement for their own
purposes.
ARTICLE 3 - TRANSFER OF INFORMATION
1. Information concerning the use of nuclear energy for peaceful
purposes may be transferred between the Parties. Transfers of information
may be accomplished through reports, data banks and computer programs and
any other means mutually agreed to by the Parties. Fields that may be
covered include, but shall not be limited to, the following:
a. Research, development, design, construction, operation,
maintenance and use of reactors, reactor experiments, and
decommissioning; 2. Cooperation pursuant to this Article may include, but is not limited
to, training, exchange of personnel, meetings, exchange of samples,
materials and instruments for experimental purposes and a balanced
participation in joint studies and projects.
3. This Agreement does not require the transfer of any information
regarding matters outside the scope of this Agreement, or information that
the Parties are not permitted under their respective treaties, national
laws, or regulations to transfer. 4. Restricted Data, as defined by each Party, shall not be transferred
under this Agreement.
ARTICLE 4 - NUCLEAR TRADE
1. The Parties shall facilitate nuclear trade between themselves in the
mutual interests of their respective industry, utilities and consumers and
also, where appropriate, trade between third countries and either Party of
items obligated to the other Party. The Parties recognize that reliability
of supplies is essential to ensure smooth and uninterrupted operation of
nuclear facilities and that industry in both the Parties needs continuing
reassurance that deliveries can be made on time in order to plan for the
efficient operation of nuclear installations.
2. Authorizations, including export and import licenses as well as
authorizations or consents to third parties, relating to trade, industrial
operations or nuclear material movement should be consistent with the
sound and efficient administration of this Agreement and should not be
used to restrict trade. It is further agreed that if the relevant
authority of the concerned Party considers that an application cannot be
processed within a twomonth period it shall immediately, upon request,
provide reasoned information to the submitting Party. In the event of a
refusal to authorize an application or a delay exceeding four months from
the date of the first application the Party of the submitting persons or
undertakings may call for urgent consultations under Article 13 of this
Agreement, which shall take place at the earliest opportunity and in any
case not later than 30 days after such a request.
ARTICLE 5 - TRANSFER OF NUCLEAR MATERIAL, NON-NUCLEAR MATERIAL,
EQUIPMENT, COMPONENTS AND RELATED TECHNOLOGY
1. Nuclear material, non-nuclear material, equipment and components may
be transferred for applications consistent with this Agreement. Any
special fissionable material transferred under this Agreement shall be low
enriched uranium, except as provided in paragraph 5.
2. Sensitive nuclear technology, heavy water production technology,
sensitive nuclear facilities, heavy water production facilities and major
critical components of such facilities may be transferred under this
Agreement pursuant to an amendment to this Agreement. Transfers of
dual-use items that could be used in enrichment, reprocessing or heavy
water production facilities will be subject to the Parties' respective
applicable laws, regulations and license policies.
3. Natural or low enriched uranium may be transferred for use as fuel
in reactor experiments and in reactors, for conversion or fabrication, or
for such other purposes as may be agreed to by the Parties.
4. The quantity of nuclear material transferred under this Agreement
shall be consistent with any of the following purposes: use in reactor
experiments or the loading of reactors, the efficient and continuous
conduct of such reactor experiments or operation of reactors for their
lifetime, use as samples, standards, detectors, and targets, and the
accomplishment of other purposes as may be agreed by the Parties.
5. Small quantities of special fissionable material may be transferred
for use as samples, standards, detectors, and targets, and for such other
purposes as the Parties may agree.
6.
(a) The United States has conveyed its commitment to the reliable
supply of fuel to India. Consistent with the July 18, 2005, Joint
Statement, the United States has also reaffirmed its assurance to create
the necessary conditions for India to have assured and full access to
fuel for its reactors. As part of its implementation of the July 18,
2005, Joint Statement the United States is committed to seeking
agreement from the U.S. Congress to amend its domestic laws and to work
with friends and allies to adjust the practices of the Nuclear Suppliers
Group to create the necessary conditions for India to obtain full access
to the international fuel market, including reliable, uninterrupted and
continual access to fuel supplies from firms in several nations.
(b) To further guard against any disruption of fuel supplies, the
United States is prepared to take the following additional steps:
i) The United States is willing to incorporate assurances regarding
fuel supply in the bilateral U.S.-India agreement on peaceful uses of
nuclear energy under Section 123 of the U.S. Atomic Energy Act, which
would be submitted to the U.S. Congress.
ii) The United States will join India in seeking to negotiate with
the IAEA an India-specific fuel supply agreement.
iii) The United States will support an Indian effort to develop a
strategic reserve of nuclear fuel to guard against any disruption of
supply over the lifetime of India's reactors.
iv) If despite these arrangements, a disruption of fuel supplies to
India occurs, the United States and India would jointly convene a
group of friendly supplier countries to include countries such as
Russia, France and the United Kingdom to pursue such measures as would
restore fuel supply to India. (c) In light of the above understandings with the United States, an
India-specific safeguards agreement will be negotiated between India and
the IAEA providing for safeguards to guard against withdrawal of
safeguarded nuclear material from civilian use at any time as well as
providing for corrective measures that India may take to ensure
uninterrupted operation of its civilian nuclear reactors in the event of
disruption of foreign fuel supplies. Taking this into account, India
will place its civilian nuclear facilities under India-specific
safeguards in perpetuity and negotiate an appropriate safeguards
agreement to this end with the IAEA. ARTICLE 6 - NUCLEAR FUEL CYCLE ACTIVITIES
In keeping with their commitment to full civil nuclear cooperation,
both Parties, as they do with other states with advanced nuclear
technology, may carry out the following nuclear fuel cycle activities:
i) Within the territorial jurisdiction of either Party, enrichment up
to twenty percent in the isotope 235 of uranium transferred pursuant to
this Agreement, as well as of uranium used in or produced through the use
of equipment so transferred, may be carried out.
ii) Irradiation within the territorial jurisdiction of either Party of
plutonium, uranium-233, high enriched uranium and irradiated nuclear
material transferred pursuant to this Agreement or used in or produced
through the use of non-nuclear material, nuclear material or equipment so
transferred may be carried out.
iii) With a view to implementing full civil nuclear cooperation as
envisioned in the Joint Statement of the Parties of July 18, 2005, the
Parties grant each other consent to reprocess or otherwise alter in form
or content nuclear material transferred pursuant to this Agreement and
nuclear material and by-product material used in or produced through the
use of nuclear material, non-nuclear material, or equipment so
transferred. To bring these rights into effect, India will establish a new
national reprocessing facility dedicated to reprocessing safeguarded
nuclear material under IAEA safeguards and the Parties will agree on
arrangements and procedures under which such reprocessing or other
alteration in form or content will take place in this new facility.
Consultations on arrangements and procedures will begin within six months
of a request by either Party and will be concluded within one year. The
Parties agree on the application of IAEA safeguards to all facilities
concerned with the above activities. These arrangements and procedures
shall include provisions with respect to physical protection standards set
out in Article 8, storage standards set out in Article 7, and
environmental protections set forth in Article 11 of this Agreement, and
such other provisions as may be agreed by the Parties. Any special
fissionable material that may be separated may only be utilized in
national facilities under IAEA safeguards.
iv) Post-irradiation examination involving chemical dissolution or
separation of irradiated nuclear material transferred pursuant to this
Agreement or irradiated nuclear material used in or produced through the
use of non-nuclear material, nuclear material or equipment so transferred
may be carried out.
ARTICLE 7 - STORAGE AND RETRANSFERS
1. Plutonium and uranium 233 (except as either may be contained in
irradiated fuel elements), and high enriched uranium, transferred pursuant
to this Agreement or used in or produced through the use of material or
equipment so transferred, may be stored in facilities that are at all
times subject, as a minimum, to the levels of physical protection that are
set out in IAEA document INFCIRC 225/REV 4 as it may be revised and
accepted by the Parties. Each Party shall record such facilities on a
list, made available to the other Party. A Party's list shall be held
confidential if that Party so requests. Either Party may make changes to
its list by notifying the other Party in writing and receiving a written
acknowledgement. Such acknowledgement shall be given no later than thirty
days after the receipt of the notification and shall be limited to a
statement that the notification has been received. If there are grounds to
believe that the provisions of this sub-Article are not being fully
complied with, immediate consultations may be called for. Following upon
such consultations, each Party shall ensure by means of such consultations
that necessary remedial measures are taken immediately. Such measures
shall be sufficient to restore the levels of physical protection referred
to above at the facility in question. However, if the Party on whose
territory the nuclear material in question is stored determines that such
measures are not feasible, it will shift the nuclear material to another
appropriate, listed facility it identifies.
2. Nuclear material, non-nuclear material, equipment, components, and
information transferred pursuant to this Agreement and any special
fissionable material produced through the use of nuclear material,
non-nuclear material or equipment so transferred shall not be transferred
or re-transferred to unauthorized persons or, unless the Parties agree,
beyond the recipient Party's territorial jurisdiction.
ARTICLE 8 - PHYSICAL PROTECTION
1. Adequate physical protection shall be maintained with respect to
nuclear material and equipment transferred pursuant to this Agreement and
nuclear material used in or produced through the use of nuclear material,
non-nuclear material or equipment so transferred.
2. To fulfill the requirement in paragraph 1, each Party shall apply
measures in accordance with (i) levels of physical protection at
least equivalent to the recommendations published in IAEA document
INFCIRC/225/Rev.4 entitled "The Physical Protection of Nuclear Material
and Nuclear Facilities," and in any subsequent revisions of that document
agreed to by the Parties, and (ii) the provisions of the 1980 Convention
on the Physical Protection of Nuclear Material and any amendments to the
Convention that enter into force for both Parties.
3. The Parties will keep each other informed through diplomatic
channels of those agencies or authorities having responsibility for
ensuring that levels of physical protection for nuclear material in their
territory or under their jurisdiction or control are adequately met and
having responsibility for coordinating response and recovery operations in
the event of unauthorized use or handling of material subject to this
Article. The Parties will also keep each other informed through diplomatic
channels of the designated points of contact within their national
authorities to cooperate on matters of out-of-country transportation and
other matters of mutual concern.
4. The provisions of this Article shall be implemented in such a manner
as to avoid undue interference in the Parties' peaceful nuclear activities
and so as to be consistent with prudent management practices required for
the safe and economic conduct of their peaceful nuclear programs.
ARTICLE 9 - PEACEFUL USE
Nuclear material, equipment and components transferred pursuant to this
Agreement and nuclear material and by-product materialused in or produced
through the use of any nuclear material, equipment, and components so
transferred shall not be used by the recipient Party for any nuclear
explosive device, for research on or development of any nuclear explosive
device or for any military purpose.
ARTICLE 10 - IAEA SAFEGUARDS
1. Safeguards will be maintained with respect to all nuclear materials
and equipment transferred pursuant to this Agreement, and with respect to
all special fissionable material used in or produced through the use of
such nuclear materials and equipment, so long as the material or equipment
remains under the jurisdiction or control of the cooperating Party.
2. Taking into account Article 5.6 of this Agreement, India agrees that
nuclear material and equipment transferred to India by the United States
of America pursuant to this Agreement and any nuclear material used in or
produced through the use of nuclear material, non-nuclear material,
equipment or components so transferred shall be subject to safeguards in
perpetuity in accordance with the India-specific Safeguards Agreement
between India and the IAEA [identifying data] and an
Additional Protocol, when in force.
3. Nuclear material and equipment transferred to the United States of
America pursuant to this Agreement and any nuclear material used in or
produced through the use of any nuclear material, non-nuclear material,
equipment, or components so transferred shall be subject to the Agreement
between the United States of America and the IAEA for the application of
safeguards in the United States of America, done at Vienna November 18,
1977, which entered into force on December 9, 1980, and an Additional
Protocol, when in force.
4. If the IAEA decides that the application of IAEA safeguards is no
longer possible, the supplier and recipient should consult and agree on
appropriate verification measures.
5. Each Party shall take such measures as are necessary to maintain and
facilitate the application of IAEA safeguards in its respective territory
provided for under this Article.
6. Each Party shall establish and maintain a system of accounting for
and control of nuclear material transferred pursuant to this Agreement and
nuclear material used in or produced through the use of any material,
equipment, or components so transferred. The procedures applicable to
India shall be those set forth in the India-specific Safeguards Agreement
referred to in Paragraph 2 of this Article.
7. Upon the request of either Party, the other Party shall report or
permit the IAEA to report to the requesting Party on the status of all
inventories of material subject to this Agreement.
8. The provisions of this Article shall be implemented in such a manner
as to avoid hampering, delay, or undue interference in the Parties'
peaceful nuclear activities and so as to be consistent with prudent
management practices required for the safe and economic conduct of their
peaceful nuclear programs.
ARTICLE 11 - ENVIRONMENTAL PROTECTION
The Parties shall cooperate in following the best practices for
minimizing the impact on the environment from any radioactive, chemical or
thermal contamination arising from peaceful nuclear activities under this
Agreement and in related matters of health and safety.
ARTICLE 12 - IMPLEMENTATION OF THE AGREEMENT
1. This Agreement shall be implemented in a manner designed: a) to avoid hampering or delaying the nuclear activities in the
territory of either Party; 2. The provisions of this Agreement shall not be used to: a) secure unfair commercial or industrial advantages or to restrict
trade to the disadvantage of persons and undertakings of either Party or
hamper their commercial or industrial interests, whether international
or domestic; 3. When execution of an agreement or contract pursuant to this
Agreement between Indian and United States organizations requires
exchanges of experts, the Parties shall facilitate entry of the experts to
their territories and their stay therein consistent with national laws,
regulations and practices. When other cooperation pursuant to this
Agreement requires visits of experts, the Parties shall facilitate entry
of the experts to their territory and their stay therein consistent with
national laws, regulations and practices.
ARTICLE 13 - CONSULTATIONS
1. The Parties undertake to consult at the request of either Party
regarding the implementation of this Agreement and the development of
further cooperation in the field of peaceful uses of nuclear energy on a
stable, reliable and predictable basis. The Parties recognize that such
consultations are between two States with advanced nuclear technology,
which have agreed to assume the same responsibilities and practices and
acquire the same benefits and advantages as other leading countries with
advanced nuclear technology.
2. Each Party shall endeavor to avoid taking any action that adversely
affects cooperation envisaged under Article 2 of this Agreement. If either
Party at any time following the entry into force of this Agreement does
not comply with the provisions of this Agreement, the Parties shall
promptly hold consultations with a view to resolving the matter in a way
that protects the legitimate interests of both Parties, it being
understood that rights of either Party under Article 16.2 remain
unaffected.
3. Consultations under this Article may be carried out by a Joint
Committee specifically established for this purpose. A Joint Technical
Working Group reporting to the Joint Committee will be set up to ensure
the fulfillment of the requirements of the Administrative Arrangements
referred to in Article 17. ARTICLE 14 - TERMINATION AND CESSATION OF COOPERATION
1. Either Party shall have the right to terminate this Agreement prior
to its expiration on one year's written notice to the other Party. A Party
giving notice of termination shall provide the reasons for seeking such
termination. The Agreement shall terminate one year from the date of the
written notice, unless the notice has been withdrawn by the providing
Party in writing prior to the date of termination.
2. Before this Agreement is terminated pursuant to paragraph 1 of this
Article, the Parties shall consider the relevant circumstances and
promptly hold consultations, as provided in Article 13, to address the
reasons cited by the Party seeking termination. The Party seeking
termination has the right to cease further cooperation under this
Agreement if it determines that a mutually acceptable resolution of
outstanding issues has not been possible or cannot be achieved through
consultations. The Parties agree to consider carefully the circumstances
that may lead to termination or cessation of cooperation. They further
agree to take into account whether the circumstances that may lead to
termination or cessation resulted from a Party's serious concern about a
changed security environment or as a response to similar actions by other
States which could impact national security.
3. If a Party seeking termination cites a violation of this Agreement
as the reason for notice for seeking termination, the Parties shall
consider whether the action was caused inadvertently or otherwise and
whether the violation could be considered as material. No violation may be
considered as being material unless corresponding to the definition of
material violation or breach in the Vienna Convention on the Law of
Treaties. If a Party seeking termination cites a violation of an IAEA
safeguards agreement as the reason for notice for seeking termination, a
crucial factor will be whether the IAEA Board of Governors has made a
finding of non-compliance. 5. The two Parties recognize that exercising the right of return would
have profound implications for their relations. If either Party seeks to
exercise its right pursuant to paragraph 4 of this Article, it shall,
prior to the removal from the territory or from the control of the other
Party of any nuclear items mentioned in paragraph 4, undertake
consultations with the other Party. Such consultations shall give special
consideration to the importance of uninterrupted operation of nuclear
reactors of the Party concerned with respect to the availability of
nuclear energy for peaceful purposes as a means of achieving energy
security. Both Parties shall take into account the potential negative
consequences of such termination on the on-going contracts and projects
initiated under this Agreement of significance for the respective nuclear
programmes of either Party.
6. If either Party exercises its right of return pursuant to paragraph
4 of this Article, it shall, prior to the removal from the territory or
from the control of the other Party, compensate promptly that Party for
the fair market value thereof and for the costs incurred as a consequence
of such removal. If the return of nuclear items is required, the Parties
shall agree on methods and arrangements for the return of the items, the
relevant quantity of the items to be returned, and the amount of
compensation that would have to be paid by the Party exercising the right
to the other Party.
7. Prior to return of nuclear items, the Parties shall satisfy
themselves that full safety, radiological and physical protection measures
have been ensured in accordance with their existing national regulations
and that the transfers pose no unreasonable risk to either Party,
countries through which the nuclear items may transit and to the global
environment and are in accordance with existing international regulations.
8. The Party seeking the return of nuclear items shall ensure that the
timing, methods and arrangements for return of nuclear items are in
accordance with paragraphs 5, 6 and 7. Accordingly, the consultations
between the Parties shall address mutual commitments as contained in
Article 5.6. It is not the purpose of the provisions of this Article
regarding cessation of cooperation and right of return to derogate from
the rights of the Parties under Article 5.6.
9. The arrangements and procedures concluded pursuant to Article 6(iii)
shall be subject to suspension by either Party in exceptional
circumstances, as defined by the Parties, after consultations have been
held between the Parties aimed at reaching mutually acceptable resolution
of outstanding issues, while taking into account the effects of such
suspension on other aspects of cooperation under this Agreement.
ARTICLE 15 - SETTLEMENT OF DISPUTES
Any dispute concerning the interpretation or implementation of the
provisions of this Agreement shall be promptly negotiated by the Parties
with a view to resolving that dispute.
ARTICLE 16 - ENTRY INTO FORCE AND DURATION
1. This Agreement shall enter into force on the date on which the
Parties exchange diplomatic notes informing each other that they have
completed all applicable requirements for its entry into force.
2. This Agreement shall remain in force for a period of40 years. It
shall continue in force thereafter for additional periods of 10 years
each. Each Party may, by giving 6 months written notice to the other
Party, terminate this Agreement at the end of the initial 40 year period
or at the end of any subsequent 10 year period.
3. Notwithstanding the termination or expiration of this Agreement or
withdrawal of a Party from this Agreement, Articles 5.6(c), 6, 7, 8, 9, 10
and 15 shall continue in effect so long as any nuclear material,
non-nuclear material, by-product material, equipment or components subject
to these articles remains in the territory of the Party concerned or under
its jurisdiction or control anywhere, or until such time as the Parties
agree that such nuclear material is no longer usable for any nuclear
activity relevant from the point of view of safeguards.
4. This Agreement shall be implemented in good faith and in accordance
with the principles of international law.
5. The Parties may consult, at the request of either Party, on possible
amendments to this Agreement. This Agreement may be amended if the Parties
so agree. Any amendment shall enter into force on the date on which the
Parties exchange diplomatic notes informing each other that their
respective internal legal procedures necessary for the entry into force
have been completed.
ARTICLE 17 - ADMINISTRATIVE ARRANGEMENT
1. The appropriate authorities of the Parties shall establish an
Administrative Arrangement in order to provide for the effective
implementation of the provisions of this Agreement.
2. The principles of fungibility and equivalence shall apply to nuclear
material and non-nuclear material subject to this Agreement. Detailed
provisions for applying these principles shall be set forth in the
Administrative Arrangement.
3. The Administrative Arrangement established pursuant to this Article
may be amended by agreement of the appropriate authorities of the Parties.
IN WITNESS WHEREOF the undersigned, being duly authorized, have signed
this Agreement.
DONE at , this day of , 200 , in duplicate.
FOR THE GOVERNMENT OF THE FOR THE GOVERNMENT AGREED MINUTE
During the negotiation of the Agreement for Cooperation Between the
Government of the United States of America and the Government of India
Concerning Peaceful Uses of Nuclear Energy ("the Agreement") signed today,
the following understandings, which shall be an integral part of the
Agreement, were reached.
Proportionality
For the purposes of implementing the rights specified in Articles 6 and
7 of the Agreement with respect to special fissionable material and
by-product material produced through the use of nuclear material and
non-nuclear material, respectively, transferred pursuant to the Agreement
and not used in or produced through the use of equipment transferred
pursuant to the Agreement, such rights shall in practice be applied to
that proportion of special fissionable material and by-product material
produced that represents the ratio of transferred nuclear material and
non-nuclear material, respectively, used in the production of the special
fissionable material and by-product material to the total amount of
nuclear material and non-nuclear material so used, and similarly for
subsequent generations.
By-product material
The Parties agree that reporting and exchanges of information on
by-product material subject to the Agreement will be limited to the
following:
(1) Both Parties would comply with the provisions as contained in the
IAEA document GOV/1999/19/Rev.2, with regard to by-product material
subject to the Agreement.
(2) With regard to tritium subject to the Agreement, the Parties will
exchange annually information pertaining to its disposition for peaceful
purposes consistent with Article 9 of this Agreement.
FOR THE GOVERNMENT OF THE FOR THE GOVERNMENT END TEXT
2007/658 |
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