Internationalization of the Nuclear Fuel Cycle Goals, Strategies, and Challenges (2009) / Chapter Skim
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APPENDIX D: AGREEMENT BETWEEN THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND THE GOVERNMENT OF THE RUSSIAN FEDERATION FOR COOPERATION IN THE FIELD OF PEACEFUL USES OF NUCLEAR ENERGY
APPENDIX D: AGREEMENT BETWEEN THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND THE GOVERNMENT OF THE RUSSIAN FEDERATION FOR COOPERATION IN THE FIELD OF PEACEFUL USES OF NUCLEAR ENERGY
Pages 141-152
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From page 141... ...
APPENDIX D AGREEMENT BETWEEN THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND THE GOVERNMENT OF THE RUSSIAN FEDERATION FOR COOPERATION IN THE FIELD OF PEACEFUL USES OF NUCLEAR ENERGY The Government of the United States of America and the Government of the Russian Federation, hereinafter referred to as the Parties; Convinced that the use of nuclear energy for peaceful purposes is a reliable basis for meeting national energy sector requirements in a manner that is sustainable, environmentally safe, and economically beneficial; Seeking to expand and enhance mutually beneficial cooperation in the field of the peaceful uses of nuclear energy on a stable, reliable, and predictable basis; Recognizing that the expansion and enhancement of cooperation between the United States of America and the Russian Federation on an equal footing will help strengthen international stability, as well as promote political and economic progress; Taking into account that both the United States of America and the Russian Federation have achieved an advanced level in the use of nuclear energy for production of electric power and in the development of nuclear industry and scientific research in this field, and guided by the common goals of achieving a higher level of safety and protection of populations and the environment; Mindful of their respective obligations under the Treaty on the Non-Proliferation of Nuclear Weapons of July 1, 1968 ("NPT") , to which both the United States of America and the Russian Federation are parties; Reaffirming their commitment to the international development and use of nuclear energy for peaceful purposes that are consistent with the provisions of the NPT; Taking into account that the United States of America and the Russian Federation are members of the International Atomic Energy Agency ("IAEA")
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From page 142... ...
The phrase "designed or used primarily for the production of plutonium or uranium-233" shall not apply to breeder reactors that do not produce nuclear material for use in nuclear explosive devices, nor with respect to reactors primarily used for the production of plutonium-238; 3. "High enriched uranium" means uranium enriched to twenty percent or greater in the isotope uranium-235; 4.
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From page 143... ...
"Authorized person" means any individual subject to the jurisdiction of the United States of America and any legal entity, including a joint venture or partnership, subject to the jurisdiction of either Party, that is authorized by the relevant Party to implement cooperation under this Agreement, but does not include the Parties to this Agreement; 11. "Restricted Data" means all data concerning (1)
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From page 144... ...
- Nuclear industry and commerce. - Shipments, based on the provisions of this Agreement, of moderator material, nuclear material, technologies and equipment, as well as services in the area of the nuclear fuel cycle, either for use in the United States of America or in the Russian Federation.
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From page 145... ...
ARTICLE 4 In conformity with the provisions of this Agreement, the Parties undertake to facilitate commercial relations between authorized persons of the Parties involved in cooperation in the nuclear power sector, which may include, but need not be limited to: - investment cooperation; - the establishment of joint ventures; - environmental projects on an industrial or commercial scale; - trade in nuclear material, moderator material, and relevant services. ARTICLE 5 For the purposes of implementation of this Agreement, the Parties hereby designate the following competent authorities: - For the United States of America, the U.S.
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From page 146... ...
- In accordance with the laws and regulations of the United States of America, protected information transferred to the Government of the United States of America by the Government of the Russian Federation shall be treated as foreign government information transferred in confidence and shall be provided with appropriate protection from disclosure. In accordance with the legislation of the Russian Federation, protected information transferred by the Government of the United States of America to the Government of the Russian Federation shall be handled as official, restricted-distribution information and shall be provided with the appropriate protection from disclosure.
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From page 147... ...
4. Nuclear material, moderator material, equipment or components transferred from the territory of the United States of America to the territory of the Russian Federation, or from the territory of the Russian Federation to the territory of the United States of America, whether directly or through a third country, shall be regarded as having been transferred pursuant to this Agreement only upon confirmation, by the relevant competent authority of the recipient Party to the relevant competent authority of the supplier Party, that such nuclear material, moderator material, equipment or components will be subject to this Agreement.
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From page 148... ...
ARTICLE 11 1. Adequate physical protection, as specified in paragraph 2 of this Article, shall be maintained with respect to nuclear material and equipment transferred pursuant to this Agreement and special fissionable material used in or produced through the use of nuclear material, moderator material, or equipment transferred.
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From page 149... ...
2. Nuclear material transferred to the United States of America pursuant to this Agreement and any other nuclear material used in or produced through the use of nuclear material, moderator material, equipment, or components transferred shall be subject, to the extent applicable, to the Agreement between the United States of America and the IAEA for the Application of Safeguards in the United States of America of November 18, 1977, and an Additional Protocol thereto in the event of its entry into force.
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From page 150... ...
The Parties also intend to consult regarding the development of further cooperation in the field of peaceful use of nuclear energy. ARTICLE 17 The Parties shall consult, with regard to activities under this Agreement, to identify the worldwide environmental implications arising from such activities and shall cooperate in protecting the international environment from radioactive, chemical or thermal contamination arising from peaceful nuclear activities under this Agreement and in related matters of health and safety.
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From page 151... ...
2. Notwithstanding the suspension or termination, including by expiration, of this Agreement or of any cooperation hereunder, Articles 8, 9, 10, 11, 12 and 13 of this Agreement shall continue in effect so long as any nuclear material, moderator material, equipment or component subject to these Articles remains in the territory of the United States of America or the Russian Federation or under the jurisdiction or control of either Party anywhere, unless such item is no longer usable for any nuclear activity relevant from the point of view of international safeguards or has become practicably irrecoverable, or unless otherwise agreed by the Parties.
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