Structure and Content of Agreement Between the Agency and States on Nuc Wep

7/30/2019 Structure and Content of Agreement Between the Agency and States on Nuc Wep

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INFCIRC/153(Corrected)

THE STRUCTURE ANDCONTENT OF AGREEMENTSBETWEENTHE AGENCY AND STATESREQUIRED IN CONNECTIONW ITH THE TREATYON THENON-PROLIFERATIONOF NUCLEAR WEAPONS

INTERNATIONAL ATOMIC ENERGY AGENCY


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In this reprint, corrections havebeen made in footnote 2 and in paragraphs14(b), 32(h), 43(a) to (d ), 49(a) and (b ),and 58(c)and(d) .

INFCIRC/153Reprinted by the IAEA in AustriaJune 1972


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THE STRUCTURE ANDCONTENT OF AGREEMENTSBETWEENTHE AGENCY AND STATESREQUIRED IN CONNECTIONWITH THE TREATYON THENON-PROLIFERATIONOF NUCLEAR WEAPONS

The Board of Governors has requestedthe Director Generalto use the material reproduced in this bookletas the basis for negotiating safeguards agreem entsbetween the Agencyand non-nuclea*weapon Statesparty to the Treaty on the Non-Proliferationof Nuclear W eapons.


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CONTENTSSection paragraphsPA RT I 126Basic undertak ing 1Ap plication of safeguards 2Co-o peration between the Agency and the State 3Im plem enta tion of safeguards 46N ation al system of accounting for and control of nuclear ma terial 7Provision of information to the Agency 8Agency inspectors 9Privileges and imm unities 10Ter m inatio n of safeguards 1113Non-application of safeguards to nuclear material.to be used in non-peaceful activities 14Finance 15Th ird party liability for nuclea r dam age 16Intern ation al responsibility 17M easures in relation to verification of non-d iversion 1819Interpretation and application of the Agreement andsettlem ent of disputes 2022Final clauses 2326

PA RT II 2797Introduction 27Objective of safeguards 2830Na tiona l system of accounting for and control of nuclear m aterial 3132Starting poin t of safeguards 3334Term ination of safeguards 35Exe m ptions from safeguards 3638Subsidiary Arrang eme nts 3940


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Section ParagraphsInventory 41Design information 4248Inform ation in respe ct of nuclear material ou tside facilities 49 50Records system 5158Repo rts system 5969Inspections 7089State ments on the Agen cy's verification activities 90Internatio nal transfers 9197

D E F I N I T I O N S 9 8 - 1 1 6Adjustment 98Annual through put 99Batch 100Batch data 101Boo k inventory 102Correction 103Effective kilo gra m 104Enrichment 105Facility 106Inventory change 107Key measurem ent point 108Man-year of inspec tion 109Material balance area 110Material una ccou nted for 111Nuclear material 112Physical inventory 113Sh ipp er/ receiver difference 114Source data 115Strategic point 116


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PART I

BASIC UNDER TAKING1. The Agreement should contain, in accordance with Article III. 1 of theTreaty on the Non-Proliferation of Nuclear Weapons1), an undertaking by theState to accept safeguards, in accordance with the term s of the Agreem ent,on all sourc e o r special fissionab le ma terial in all peaceful nuclear activitieswithin its territory, under its jurisdiction or carried out under its control any-wh ere, for the exclusive pu rpo se of verifying that such material is no t divertedto nuclear weapons or other nuclear explosive devices.

APPLICATION OF SAFEGUARDS2. The Agreement should provide for the Agency's right and obligationto ensure that safeguards will be applied, in accordance with the terms of theAgreement, on all source or special fissionable material in all peaceful nuclearactivities within the territory of the State, under its jurisdiction or carried outun der its con trol anyw here, for t he exclusive pu rp os e of verifying that suchma terial is not diverted t o nuclear wea pons or other nuclear explosive devices.

CO-OPERATION BETWEEN THE AGENCY AN D THE STATE3. The Agreement should provide that the Agency and the State shallco-operate to facilitate the implementation of the safeguards provided fortherein.

1) Reproduced in document IN FC IRC /140 .


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IMPLEMENTATION OF SAFEGUARDS

4. The Agreement should provide that safeguards shall be implementedin a mariner designed:

(a) To avoid hampering the economic and technological developmentof the State or international co-operation in the field of peaceful nuclearactivities, including international exchange of nuclear material^);(b) To avoid undue interference in the State's peaceful nuclear activi-ties, and in particular in the operation of facilities; and(c) To be consistent with prudent management practices required forthe economic and safe conduct of nuclear activities.

5. The Agreement should provide that the Agency shall take every pre-caution to protect commercial and industrial secrets and other confidentialinformation coming to its knowledge in the implementation of the Agreement.The Agency shall not publish or communicate to any State, organization orperson any information obtained by it in connection with the implementationof the Agreement, except that specific information relating to suchimplementation in the State may be given to the Board of Governors and tosuch Agency staff members as require such knowledge by reason of theirofficial duties in connection with safeguards, but only to the extent necessaryfor the Agency to fulfil its responsibilities in implementing the Agreement.Summarized information on nuclear materialbeing safeguarded by the Agencyunder the Agreement may be published upon decision of the Board if theStates directly concerned agree.6. The Agreement should provide that in implementing safeguards pursuantthereto the Agency shall take full account of technological developments inthe field of safeguards, and shall make every effort to ensure optimum cost-effectiveness and the application of the principle of safeguarding effectively theflow of nuclear materialsubject to safeguards under the Agreement by use ofinstruments and other techniques at certain strategic points to the extent thatpresent or future technology permits. In order to ensure optimum cost-effectiveness, use should be made, for example, of such means as:

(a) Containment as a means of defining material balance areasforaccounting purposes;(b) Statistical techniques and random sampling in evaluating the flowof nuclear material; and(c) Concentration of verification procedures on those stages in thenuclear fuel cycle involving the production, processing, use or storageof nuclear material from which nuclear weapons or other nuclear explosivedevices could readily be made, and minimization of verificationprocedures in respect of other nuclear material, on condition that this doesnot hamper the Agency in applying safeguards under the Agreement.

2) Terms in italics have specialized meanings, which are defined inparagraphs 98116 be low.


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NATIONAL SYSTEM OF AC CO UNT ING FOR A N D CONTROL OFNUCLEAR MATERIAL7. Th e Agreem ent should prov ide that the State shall establish andmain tain a system of accounting for and control of all nuclear materialsubjectto safeguards un der the Agreem ent, and th at such safeguards shall be appliedin such a manner as to enable the Agency to verify, in ascertaining that therehas been no diversion of nuclear material from peaceful uses to nuclear weap onsor oth er nuclear explosive devices, findings of the State's system. Th e Agency'sverification shall include, inter alia, independent measurements and observa-tions conducted by the Agency in accordance with the procedures specifiedin Part II b elow . Th e Agency, in its verification, shall take du e accoun t ofthe technical effectiveness of the State's system.

PROVISION O F INFORM ATION TO THE AGENCY8. Th e Agreem ent sho uld provide that to ensure the effective implem enta-tion of safeguards thereunder the Agency shall be provided, in accordance withthe provisions set ou t in Part II below, with information concerning nuclearmaterial subject to safeguards under the Agreement and the features of facilitiesrelevant to safeguarding such material. Th e Agency shall require only themin imum am ou nt of information and data consistent with carrying out itsresponsibilities und er the Agreement. Information pertaining to facilities shallbe the minimum necessary for safeguarding nuclear material subject to safeguardsund er the Ag reemen t. In exam ining design information, the Agency shall,at the request of the State, be prepared to examine on premises of the Statedesign information which the State regards as bein g of particular sensitivity.Such information would not have to be physically transmitted to the Agencyprovided that it remained available for ready further examination by the Agencyon premises of the State.

AGENCY INSPECTORS9. Th e Agreem ent shou ld prov ide that the State shall take the necessarysteps to e nsu re tha t Agency insp ectors can effectively discharge their functionsun der th e Agreem ent. Th e Agency shall secure the con sent of the State tothe designation of Agency inspectors to that State. If the State, either up onproposal of a designation or at any other time after a designation has beenmade, objects to the designation, the Agency shall propose to the State analternative design ation or design ations. Th e repeated refusal of a State toaccept the designation of Agency inspectors which would impede th e inspec-tions conducted under the Agreement would be considered by the Board uponreferral by the Director General with a view to ap prop riate action. Th e visitsand activities of Agency inspectors shall be so arrang ed as to reduce to a


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minimu m the pos sible inconvenience and disturban ce to the State and tothe peaceful nuclear activities insp ected, as well as to ensu re pro tectio n ofindu strial secrets or any other confidential information com ing to the in-spectors ' knowledge.

PRIVILEGES AN D IMMUNITIES10. The Agreement should specify the privileges and immunities which shallbe granted to the Agency and its staff in respect of their functions under theAg reeme nt. In th e case of a State party to the Ag reeme nt on the Privilegesand Immunities of the Agency 3 \ the provisions thereof, as in force for suchState, shall ap ply. In the case of oth er States, the privileges and imm un itiesgranted should be such as to ensure that:(a ) Th e Agency and its staff will be in a pos ition to discharg e theirfunctions under the Agreement effectively; and(b ) N o such State will be placed thereby in a m ore favourable pos itionthan States party to the Agreement on the Privileges and Immunitiesof the A gency.

TERMINATION OF SAFEGUARDS

Consumption or dilution of nuclear material11. Th e Agreem ent sh ould provide that safeguards shall termin ate on nuclearmaterial subject to safeguards there und er u po n determination by the Agencythat it has been consu me d, or h as been diluted in such a way that it is nolonger usable for any nuclear activity relevant from the point of view of safe-guards, or has become practicably irrecoverable.

Transfer of nuclear material out of the State12. The Agreement should provide, with respect to nuclear materialsubjectto safeguards the reu nd er, for notification of transfers of such ma terial ou t ofthe State, in accordance with the provisions set out in paragraphs 9294below. Th e Agency shall terminate safeguards under the Agreement on nuclearmaterial when the recipient State has assumed responsibility therefor, as pro-vided for in p aragraph 9 1 . T he Agency shall maintain records indicatingeach transfer and , wh ere applicable, the re-application of safeguards to th et r ansfe r red nuclear m aterial.

3) Reproduced in document IN FC IR C/9 /R ev. 2.4


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Provisions relating to nuclear material to be used in non-nuclear activities13. The Agreement should provide that if the State wishes to use nuclearmaterial subject to safeguards thereunder in non-nuclear activities, such as theproduction of alloys or ceramics, it shall agree with the Agency on the cir-cumstances under which the safeguards on such nuclear material may beterminated.

NON-APPLICATION OF SAFEGUARDS TO NUCLEAR MATERIALTO BE USED IN NON-PEACEFUL ACTIVITIES14. The Agreement should provide that if the State intends to exercise itsdiscretion to use nuclear material which is required to be safeguarded thereunderin a nuclear activity which does not require the application of safeguards underthe Agreement, the following procedures will apply:

(a) The State shall inform the Agency of the activity, making it clear:(i) That the use of the nuclear material m a non-proscribed mili-tary activity will not be in conflict with an undertaking the Statemay have given and in respect of which Agency safeguards apply,that the nuclear materialwill be used only in a peaceful nuclearactivity; and(ii) That during the period of non-application of safeguardsthe nuclear material will not be used for the production of nuclearweapons or other nuclear explosive devices;

(b) The Agency and the State shall make an arrangement so that,only while the nuclear material is in such an activity, the safeguards pro-vided for in the Agreement will not be applied. The arrangement shallidentify, to the extent possible, the period or circumstances during whichsafeguards will not be applied. In any event, the safeguards providedfor in the Agreement shall again apply as soon as the nuclear material isreintroduced into a peaceful nuclear activity. The Agency shall be keptinformed of the total quantity and composition of such unsafeguardednuclear material in the State and of any exports of such material; and(c) Each arrangement shall be made in agreement with the Agency.The Agency's agreement shall be given as promptly as possible; it shallonly relate to die temporal and procedural provisions, reporting arrange-ments, etc., but shall not involve any approval or classified knowledgeof the military activity or relate to the use of the nuclear material therein.

FINANCE15. The Agreement should contain one of the following sets of provisions:

(a) An agreement with a Member of the Agency should provide that


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each party thereto shall bear the expenses it incurs in implementing itsresponsib ilities t here und er. How ever, if the State or perso ns under itsjurisdiction incur extra ordina ry expenses as a result of a specific requ estby the Agency, the Agency shall reimburse such expenses provided thatit has agreed in advance to do so. In any case the Agency shall bearthe cost of any additional measuring or sampling which inspectors mayrequest; or(b ) An agreem ent w ith a party not a Mem ber of the Agency shouldin application of the provisions of Article XIV .C of the Statu te, p rovidethat the party shall reimburse fully to the Agency the safeguardsexpe nses the A gency incurs thereu nde r. How ever, if the party or pers onsund er its jurisdiction incur ex traordinary expense s as a result of aspecific request by the Agency, the Agency shall reimburse such expensesprovided that it has agreed in advance to do so.

TH IRD PARTY LIABILITY FOR NUCLEAR DAMAGE16. The Agreem ent should provide that the State shall ensure that anyprotection against third party liability in respect of nuclear damage, includingany insu ranc e or othe r financial security, which m ay be available un der itslaws or regulations shall apply to the Agency and its officials for the purposeof the implementation of the Agreement, in the same way as that protectionapplies to nationals of the State.

INTERNATIONAL RESPONSIBILITY17. The A greement should provide that any claim by one party there toagainst the other in respect of any damage, other than damage arising outof a nuclear incident, resulting from the implementation of safeguards underthe Agreement, shall be settled in accordance with international law.

MEASURES IN RELATION TO VERIFICATION OF NO N-D IVE RSIO N18. The Agreement should provide that if the Board, upon report of theDirector General, decides that an action by the State is essential and urgentin order to ensure verification that nuclear material subject to safeguards underthe Agreement is not diverted to nuclear weapons or other nuclear explosivedevices the Board shall be able to call upon the State to take the requiredaction without delay, irrespective of whether procedures for the settlement ofa dispute have been invoked.19. Th e A greement should provide that if the Board upon exam ination ofrelevant information repo rted to it by the Director Gen eral finds that the


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Agency is not able to verify that there has been no diversion of nuclear materialrequired t o be safeguarded under the Ag reement to nuclear we apons or oth ernuclear explosive devices, it may make the reports provided for in paragraph Cof Article XII of the Statute and may also take, where applicable, the othermea sures provided for in that paragrap h. In taking such action the Boa rdshall take account of the degree of assurance provided by the safeguardsmeasures that have been applied and shall afford the State every reasonableopportunity to furnish the Board with any necessary reassurance.

INTERPRETATION AND APPLICATION OF THE AGREEMENTA N D SETTLEMENT OF DISPUTES20. The Agreement should provide that the parties thereto shall, at therequest of either, consult about any question arising out of the interpretationor application thereof.21. Th e Agreem ent should p rovide th at the State shall have the right torequest that any question arising out of the interpretation or application thereofbe considered by the Board ; and that the State shall be invited by the Boardto participate in the discussion of any such question by the Board.22. Th e A greement should provide that any dispute arising out of the in-terpretation or application thereof except a dispute with regard to a findingby the Board under paragraph 19 above or an action taken by the Boa rdpurs uan t to such a finding which is no t settled by negotiation or anothe rprocedure agreed to by the parties should, on the request of either party, besubmitted to an arbitral tribunal composed as follows: each party would desig-nate one arbitra tor, and the two arbitrators so designated w ould elect a third,who wo uld be th e Chairm an. If, within 30 days of the reque st for arbitration ,either party has not designated an arbitrator, either party to the dispute mayrequ est the Preside nt of the Intern ation al Cou rt of Justi ce to appo int an ar-bitrato r. The same proced ure would apply if, within 30 days of the designa-tion o r app oin tm ent of the second arbitrato r, the third arbitrator had n ot beenelected. A majority of the m em bers of the arbitral tribun al would co nstitutea qu oru m , and all decisions would requ ire the concurrence of two arb itrators .Th e arbitral pro ced ure would be fixed by the tribun al. Th e decisions of thetribunal would be binding on both parties.

FINAL CLAUSESAmendment of the Agreement23. Th e A greemen t should provid e that the parties thereto shall, at therequ est of either of them , consult each other on am end m ent of the Agreem ent.All am end m ents shall require the agreem ent of bo th partie s. It might addi-tionally be provid ed, if convenient to the State, that the agreem ent of the


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parties on am endm ents to Part II of the A greement could be achieved byrecourse to a simplified proced ure. The Director General shall prom ptlyinform all Member States of any amendment to the Agreement.

Suspension of application of Agency safeguards under other agreements24. Where applicable and where the State desires such a provision to appear,th e Agree me nt sh ould provide tha t the application of Agency safeguards inth e State und er o ther safeguards a greem ents with the Agency shall be sus-pen ded while th e A greem ent is in force. If the State has received assistancefrom the Agency for a project, the State's undertaking in the Project Agree-m ent no t to use items subject the reto in such a way as to further any militarypurpose shall continue to apply.

Entry into force and duration25. The Agreement should provide that it shall enter into force on the dateon which the Agency receives from the State written notification tha t the stat-utory and cons titutional requ irem ents for entry in to force have been me t.Th e Director Ge neral shall prom ptly inform all Mem ber States of the entryinto force.26. The Agreement should provide for it to remain in force as long as theState is party to the Treaty on the Non-Proliferation of Nuclear We apon s1).


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TERMINATION OF SAFEGUARDS

35. The Agreement should provide that safeguards shall terminate on nuclearmaterial subject to safeguards thereunder under the conditions set forth inparagraph 11 above. Where the conditions of that paragraph are not met,but the State considers that the recovery of safeguarded nuclear materialfromresidues is not for the time being practicable or desirable, the Agency and theState shall consult on the appropriate safeguards measures to be applied.It should further be provided that safeguards shall terminate on nuclear materialsubject to safeguards under the Agreement under the conditions set forth inparagraph 13 above, provided that the State and the Agency agree that suchnuclear material is practicably irrecoverable.

EXEMPTIONS FROM SAFEGUARDS

36. The Agreement should provide that the Agency shall, at the request ofthe State, exempt nuclear material from safeguards, as follows:

(a) Special fissionable material, when it is used in gram quantitiesor less as a sensing component in instruments;(b) Nuclearmaterial, when it is used in non-nuclear activities in accord-ance with paragraph 13 above, if such nuclear material is recoverable;and(c) Plutonium with an isotopic concentration of plutonium-238 ex-ceeding 80%.

37. The Agreement should provide that nuclear material that would otherwisebe subject to safeguards shall be exempted from safeguards at the requestof the State, provided that nuclear materialso exempted in the State may notat any time exceed:

(a) One kilogram in total of special fissionable material, which mayconsist of one of more of the following:

(i) Plutonium;(ii) Uranium with an enrichment of 0.2 (20%) and above, takenaccount of by multiplying its weight by its enrichment; and(iii) Uranium with an enrichment below 0.2 (20%) and abovethat of natural uranium, taken account of by multiplying its weightby five times the square of its enrichment;

(b) Ten metric tons in total of natural uranium and depleted uraniumwith an enrichment above 0.005 (0.5%);(c) Twenty metric tons of depleted uranium with an enrichment of0.005 (0.5%) or below; and(d) Twenty metric tons of thorium;or such greater amounts as may be specified by the Board of Governors for

uniform application.38. The Agreement should provide that if exempted nuclear material is to be

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processed or stored together with safeguarded nuclear material, provision shouldbe made for the re-application of safeguards thereto.

SUBSIDIARY ARRANGEMENTS39- The Agreement should provide that the Agency and the State shall makeSubsidiary Arrangements which shall specify in detail, to the extent necessaryto permit the Agency to fulfil its responsibilities under the Agreement in aneffective and efficient manner, how the procedures laid down in the Agreementare to be applied. Provision should be made for the possibility of an extensionor change of the Subsidiary Arrangements by agreement between the Agencyand the State without amendment of the Agreement.4 0 . It should be provided that the Subsidiary Arrangements shall enter intoforce at the same time as, or as soon as possible after, the entry into forceof the Ag reem ent. The State and the Agency sh all m ake every effort to achievetheir entry into force within 90 days of the entry into force of the Ag reem ent,a later d ate being acceptable only with the agreem ent of bot h parties. Th eState shall provide the Agency promptly with the information required forcomp leting the Subsidiary Arrangem ents. The Agreement should also providethat, upon its entry into force, the Agency shall be entitled to apply the pro-cedures laid down therein in respect of the nuclear m aterial listed inthe inventory provided for in paragraph 41 below.

INVE NT OR Y4 1 . The Agreem ent should provide that, on the basis of the initial rep ortreferred to in para grap h 62 below , the Agency shall establish a unified in-ventory of all nuclear material in the State subject to safeguards under the Agree-ment, irrespective of its origin, and maintain this inventory on the basis ofsub seq uen t rep orts and of the results of its verification activities. Copies ofthe inventory shall be made available to the State at agreed intervals.

DE S IGN INF OR MAT IONGeneral42 . Pursuant to paragraph 8 above, the Agreement should stipulate thatdesign information in respect of existing facilities shall be provided to theAgency during the discussion of the Subsidiary Arrangements, and that thetime limits for th e prov ision of such inform ation in respec t of new facilitiesshall be specified in the Subsidiary Arrangem ents. It should further be stipu-lated that such inform ation shall be provided as early as pos sible before nuclearmaterial is introduced into a new facility.12


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43. The Agreement should specify that the design information in respectof each facility to be made available to the Agency shall include, whenapplicable:

(a) The identification of the facility, stating its general character, purpose,nominal capacity and geographic location, and the name and addressto be used for routine business purposes;(b) A description of the general arrangement of the facility withreference, to the extent feasible, to the form, location and flow of nuclearmaterial and to the general layout of important items of equipment whichuse, produce or process nuclear material;(c ) A description of features of the facility relating to material account-ancy, containment and surveillance; and(d) A description of the existing and proposed procedures at the facilityfor nuclear material accountancy and control, with special reference tomaterial balance areasestablished by the operator, measurements of flowand procedures for physical inventory taking.

44. The Agreement should further provide that other information relevantto the application of safeguards shall be made available to the Agency in re-spect of each facility, in particular on organizational responsibility for materialaccountancy and control. It should also be provided that the State shall makeavailable to the Agency supplementary information on the health and safetyprocedures which the Agency shall observe and with which the inspectors shallcomply at the facility.45. The Agreement should stipulate that design information in respect ofa modification relevant for safeguards purposes shall be provided for examina-tion sufficiently in advance for the safeguards procedures to be adjusted whennecessary.

Purposes of examination of design information46. The Agreement should provide that the design information made avail-able to the Agency shall be used for the following purposes:

(a) To identify the features of facilitiesand nuclear material relevant tothe application of safeguards to nuclear material in sufficient detail tofacilitate verification;(b) To determine material balance areas to be used for Agency account-ing purposes and to select those strategic pointswhich are key measurementpoints and which will be used to determine the nuclear material flows andinventories; in determining such material balance areas the Agency shall,inter alia, use the following criteria:

(i) The size of the material balance area should be related tothe accuracy with which the material balance can be established;(ii) In determining the material balance areaadvantage should betaken of any opportunity to use containment and surveillance tohelp ensure the completeness of flow measurements and thereby

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simplify the application of safeguards and concentrate measure-ment efforts at key measurement points;( i i i) A nu m be r o f material balance areas in use at a facility or atdistinct sites may be combined in one material balance area to beused for Agency accounting purposes when the Agency determinesthat this is consistent with its verification requirements; and(iv) If the State so reques ts, a special material balance area arounda process step involving commercially sensitive information maybe established ;

(c ) To establish the nom inal timing and procedu res for taking ofphysical inventory for Agency accounting purposes;(d) To establish the records and repo rts requ irem ents and recordsevaluation procedures;( e ) To establish requ irem ent s and procedu res for verification of thequantity and location of nuclear material; and( f) To select app rop riate com bina tions of con tainm ent and surveill-ance methods and techniques and the strategic pointsat which they are tobe applied.It should further be provided that the results of the examination of the designinformation shall be included in the Subsidiary Arrangements.Re-examination of design information4 7 . Th e Agreem ent shou ld prov ide tha t design information shall be re-examined in the light of changes in operating conditions, of developments insafeguards technolog y or of experie nce in the application of verification pro -cedures, with a view to modifying the action the Agency has taken pursuantto paragraph 46 above.Verification of design information48. The A greement shou ld provide th at the Agency, in co-operation withthe State, may send inspectors to facilities to verify the design informationprovided to the Agency pursuant to paragraphs 4245 above for the purposesstated in paragraph 46.

INFORMATION IN RESPECT OF NUCLEAR MATERIALOUTSIDE FACILITIES49. The Agreement should provide that the following information concerningnuclear material customarily used outside facilities shall be provided as applicableto the Agency:

( a ) A general description of the use of the nuclear material, its geographiclocation, and the user's name and address for routine business purposes;and14


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(b ) A general description of the existing and propo sed pro cedu res fornuclear material accountancy and control, including organizational responsi-bility for material accountancy and control.The Agreement should further provide that the Agency shall be informed ona timely basis of any change in the information provided to it unde r thisparagraph.50. The Agreement should provide that the information made available tothe Agency in respect of nuclear materialcustomarily used outside facilities maybe used , to the extent relevant, for the purp oses set out in sub-paragraphs 46(b)(f) above.RECORDS SYSTEMGeneral51. Th e Agreement should provide th at in establishing a national systemof accounting for and control of nuclear material as referred to in paragraph 7above, the State shall arrange that records are kept in respect of each materialbalance area. Provision should also be ma de that the Subsidiary A rrangemen tsshall describe th e records to b e k ept in respect of each material balance area.52. The Agreement should provide that the State shall make arrangementsto facilitate the examination of records by inspectors, particularly if the recordsare not kept in English, French, Russian or Spanish.5 3. Th e Agreem ent should p rovide that the records shall be retained for atleast five years.54. The Agreement should provide that the records shall consist, as appro-priate, of:( a ) Accounting records of all nuclear material subject to safeguards underthe Agreement; and(b ) Operating records lo r facilities containing such nuclear material.55. The Agreement should provide that the system of measurements onwhich the records used for the p repara tion of repo rts are based shall eitherconform to the latest internation al s tanda rds or be equivalent in quality tosuch standards.Accounting records56. Th e Agreem ent shou ld provide that the accounting records shall setforth the following in respect of each material balance area:(a) All inventory changes, so as to permit a determina tion of the boohinventory at any time;(b ) All m easure m ent results that are used for determ inatio n of the

physical inventory; and(c ) A l l adjustments and corrections tha t have bee n m ad e in respec t o finventory changes, book inventoriesand physical inventories.

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57 . The Agreement should provide that for all inventory changes and physicalinventories the records shall show, in respect of each batch of nuclear material:material identification, batch data an d source data. Provision should further beincluded that records shall account for uranium, thorium and plutonium sepa-rately in each batch of nuclear material. Furthermore, the date of the inventorychange and, when appropriate, the originating material balance area and the re-ceiving material balance area or the recipient, shall be indicated for each inventorychange.

Operating records58. Th e Agreement should provide that the operating records shall setforth as appropriate in respect of each material balance area:

( a ) Th ose operating d ata which are used to establish changes in thequantities and composition of nuclear material;(b ) The data obtained from the calibration of tanks and instrume ntsand from sampling and analyses, the procedures to control the qualityof m easu rem ents and th e derived estim ates of rando m and systematicerror;(c) A description of the sequence of the actions taken in prepa ringfor, and in taking, a physical inventory, in order to ensure that it is correctand complete; and(d ) A description of the actions taken in order to ascertain thecause and magnitude of any accidental or unmeasured loss that mightoccur.

REPORTS SYSTEMGeneral59. The Agreement should specify that the State shall provide the Agencywith reports as detailed in paragraphs 6069 below in respect of nuclear materialsubject to safeguards thereunder.60. The Agreement should provide that reports shall be made in English,French , Russian or Sp anish, ex cept as otherwise specified in the SubsidiaryArangements.61. The Agreement should provide that re ports shall be based on therecords kept in accordance with paragraphs 5158 above and shall consist,as appropriate, of accounting reports and special reports.

Accounting reports62 . Th e Agree men t sho uld stipulate tha t the Agency shall be provided w ithan initial report on all nuclear m aterial which is to be subject to safeguards16


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the reu nd er. It shou ld also be provided tha t the initial repo rt shall be dis-patched by the State to the Agency within 30 days of the last day of the cal-endar month in which the Agreement enters into force, and shall reflect thesituation as of the last day of that month.63 . The Agreement should stipulate that for each material balance area theState shall provide the Agency with the following accounting reports:( a ) Inventory change reports showing changes in the inventory of nuclearmaterial. Th e r epo rts shall be dispatched as soon as possible and inany event within 30 days after the end of the month in which the in -ventory changes occurred or were established; and(b ) Material balance reports showing the material balance based ona physical inventory of nuclear material actually present in the material balancearea. The reports shall be dispatched as soon as possible and in any

event within 30 days after the physical inventory has been taken.The reports shall be based on data available as of the date of reporting andmay be corrected at a later date as required.64. The Agreement should provide that inventory change reports shall specifyidentification and batch data for each batch of nuclear material, the date of theinventory change and, as appropriate, the originating material balance area andthe receiving material balance area or the recipient. The se reports shall be ac-companied by concise notes:(a ) Explaining the inventory changes, on th e basis of the op erating datacdntained in the operating records provided for und er sub-paragraph 58(a) above; and(b ) Desc ribing, as specified in the Subsidiary Arran gem ents, the anti-cipated operational programme, particularly the taking of a physicalinventory.

65 . The Agreement should provide that the State shall report each inventorychange, adjustment and correction either periodically in a consolidated list or in-dividually. The inventory changes shall be reported in terms of batches; smallamounts, such as analytical samples, as specified in the Subsidiary Arrange-ments, may be combined and reported as one inventory change.66. Th e Agreem ent should stipulate that th e Agency shall provide the Statewith semi-annual statements of book inventory of nuclear material subject to safe-guards, for each material balance area, as based on the inventory change reportsfor the period covered by each such statement.67 . The Agreement should specify that the material balance reports shallinclude the following entries, unless otherwise agreed by the Agency and theState:

(a) Beginning physical inventory;(b ) Inventory changes (first increases, then decreases);(c ) Ending book inventory;(d ) ShipperI receiver differences;(e ) Adjusted ending book inventory;( f) Ending physical inventory; and( g ) Material unaccounted for.17


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A statement of the physical inventory, listing all batches separately and specifyingmaterial identification and batch data for each batch, shall be attached to eachmaterial balance report.Special reports68. The A greem ent sho uld provide t hat th e State shall ma ke special rep ortswithout delay:(a ) If any unu sual incident or circumstances lead the State to believethat there is or may have been loss of nuclear material that exceeds thelimits to be specified for this purpose in the Subsidiary Arrangements;or

(b ) If the contain m ent has unex pectedly changed from that specifiedin the Subsidiary Arrangements to the extent that unauthorized removalof nuclear material has become possible.

Amplification and clarification of reports69. The Agreement should provide that at the Agency's request the Stateshall supply amplifications or clarifications of any report, in so far as relevantfor the purpose of safeguards.

INS P E C T IONSGeneral70. The A greem ent should stipulate th at the Agency shall have the rightto make inspections as provided for in paragraphs 7182 below.Purposes of inspections71. The Agreement should provide that the Agency may make ad hoc in-spections in order to:(a ) Verify the information co ntained in the initial repo rt on the nuclearmaterial subject to safeguards under the Agreement;(b ) Identify and verify chang es in the situatio n which have occurredsince the date of the initial report; and(c ) Identify, and if possib le verify the quantity and comp osition of,nuclear material in accordance with paragraphs 93 and 96 below, beforeits transfer out of or upon its transfer into the State.72. The Agreement should provide that the Agency may make routine in-spections in order to:(a ) Verify that reports are con sistent with records;(b ) Verify the location, identity, quan tity and com position of all nuclear18


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material subject to safeguards under the Agreement; and(c ) Verify information on the possible causes of material unaccountedfor, shipperI receiver differences and uncer ta in t ies in the book inventory.73. The Agreement should provide that the Agency may make special in-spections subject to the procedu res laid down in paragrap h 77 below :(a ) In order to verify the information contained in special rep orts ; or(b ) If the Agency conside rs that information m ade available by theState, including explanations from the State and information obtainedfrom rou tine insp ectio ns, is no t adeq uate for the Agency to fulfil itsresponsibilities under the Agreement.An inspection shall be deemed to be special when it is either additional tothe routin e inspection effort provid ed for in para grap hs 7882 below, orinvolves access to information or locations in addition to the access specified

in paragraph 76 for ad hoc and routine inspections, or both.

Scope of inspections74. Th e Agreem ent should p rovide that for the purp ose s stated in para-graphs 7173 above the Agency may:(a ) Examine the records kept purs uant to paragraphs 5158;(b ) Make indep enden t me asurem ents of all nuclear material subject to

safeguards under the Agreement;(c ) Verify the functioning and calibration of instru m ents and othermeasuring and control equipment;(d ) Apply and make use of surveillance and containm ent measures;and(e ) Use other objective m ethod s which have been dem onstrated tobe technically feasible.75. It shou ld further b e provided tha t within the scop e of paragraph 74above the Agency shall be enabled:(a ) To observe that samples at key measurement points for materialbalance accounting are taken in accordance with procedures which pro-duce representative samples, to observe the treatment and analysis ofthe samples and to obtain duplicates of such samples;(b ) To observe that the m easurem ents of nuclear material at ke y measure-ment points for material balance accounting are representative, and toobserve the calibration of the instrum ents and equipm ent involved ;(c ) To make arrang em ents with the State that, if necessary:(i) Additional me asurem ents are made and additional samplestaken for the Agency's use;(ii) The Agency's stand ard analytical sam ples are analysed;(Hi) Ap prop riate abso lute stan dards are used in calibrating in-struments and other equipment; and(iv) O ther calibrations are carried out;

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(d) To arrange to use its own equipment for independent measure-ment and surveillance, and if so agreed and specified in the SubsidiaryArrangements, to arrange to install such equipment;(e) To apply its seals and other identifying and tamper-indicatingdevices to containments, if so agreed and specified in the SubsidiaryArrangements; and( f) To make arrangements with the State for the shipping of samplestaken for the Agency's use.

Access for inspections76. The Agreement should provide that:

(a) For the purposes specified in sub-paragraphs 71(a) and (b) aboveand until such time as the strategic points have been specified in the Sub-sidiary Arrangements, the Agency's inspectors shall have access to anylocation where the initial report or any inspections carried out in con-nection with it indicate that nuclear material is present;(b) For the purposes specified in sub-paragraph 71(c) above theinspectors shall have access to any location of which the Agency hasbeen notified in accordance with sub-paragraphs 92(c) or 95(c) below;(c) For the purposes specified in paragraph 72 above the Agency'sinspectors shall have access only to the strategic points specified in theSubsidiary Arrangements and to the records maintained pursuant toparagraphs 5158 ; and(d) In the event of the State concluding that any unusual circum-stances require extended limitations on access by the Agency, the Stateand the Agency shall promptly make arrangements with a view toenabling the Agency to discharge its safeguards responsibilities in thelight of these limitations. The Director General shall report each sucharrangement to the Board.

77. The Agreement should provide that in circumstances which may leadto special inspections for the purposes specified in paragraph 73 above theState and the Agency shall consult forthwith. As a result of such consultationsthe Agency may make inspections in addition to the routine inspection effortprovided for in paragraphs 7882 below, and may obtain access in agreementwith the State to information or locations in addition to the access specifiedin paragraph 76 above for ad hoc and routine inspections. Any disagreementconcerning the need for additional access shall be resolved in accordance withparagraphs 21 and 22; in case action by the State is essential and urgent,paragraph 18 above shall apply.

Frequency and intensity of routine inspections78. The Agreement should provide that the number, intensity, duration andtiming of routine inspections shall be kept to the minimum consistent with20


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the effective imp lem entation of the safeguards pro cedu res set forth therein ,and that the Agency shall make th e optim um and m ost economical use ofavailable inspection resources.79. The Agreement should provide that in the case of facilitiesand materialbalance areas outside facilities with a content or annual throughput, whichever isgreater, of nuclear material not exceeding five effective kilograms, routine inspec-tions shall not exceed on e per year. For other facilities the number, intensity,duration, timing and mode of inspections shall be determined on the basisthat in the maximu m or limiting case the inspection regime shall be no m oreintensive than is necessary and sufficient to maintain continuity of knowledgeof the flow and inventory of nuclear material.80. The Agreement should provide that the maximum routine inspectioneffort in respect of facilities with a content or annual throughput of nuclear materialexceeding five effective kilograms shall be determined as follows:(a ) For reactors and sealed stores, the ma ximum total of routineinspection per year shall be determined by allowing one sixth of a man-year of inspection for each such facility in the State;(b) For other facilities involving plutonium or uranium enriched tomore than 5% , the maximum total of routine inspection per year shallbe determined by allowing for each such facility 30 X \/E man-days ofinspection per year, where E is the inventory or annual throughput of nuclear

material, whichever is greater, expressed in effective kilograms. The maxi-mum established for any such facility shall not, however, be less than1.5 man-years of inspection; and(c ) For all other facilities, the maximum total of routine inspectionper year shall be determined by allowing for each such facility one thirdof a man-year of inspection plus 0.4 X E man-days of inspection per year,where E is the inventory or annual throughput of nuclear material, whicheveris greater, expressed in effective kilograms.Th e Ag reement should further provide that the Agency and the State mayagree to amend the maximum figures specified in this paragraph upon deter-mination by the Board that such amendment is reasonable.

81 . Subject to paragraphs 7880 above the criteria to be used for deter-mining the actual num ber, intensity, duration, timing and m ode of routineinspections of any facility shall include:(a ) Th e form of nuclear material,in particular, whether the materialis in bulk form or contained in a num ber of separate items; its chemicalcomposition and, in the case of uranium, whether it is of low or highenrichment; and its accessibility;(b ) The effectiveness of the State's accounting and control system ,including the extent to which the operators of facilities are functionallyindependent of the State's accounting and control system; the extentto which the measures specified in paragraph 32 above have been im-plemented by the State; the promptness of reports submitted to theAgency; their consistency with the Agency's independent verification;

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and the amount and accuracy of the material unaccounted for, as verifiedby the Agency;(c) Characteristics of the State's nuclear fuel cycle, in particular, thenumber and types of facilitiescontaining nuclear material subject to safe-guards, the characteristics of suchfacilities relevant to safeguards, notablythe degree of containment; the extent to which the design of suchfacilities facilitates verification of the flow and inventory of nuclear material;and the extent to which information from different material balance areascan be correlated;(d) International interdependence, in particular, the extent to whichnuclear materialis received from or sent to other States for use or pro-cessing; any verification activity by the Agency in connection therewith;and the extent to which the State's nuclear activities are interrelatedwith those of other States; and(e) Technical developments in the field of safeguards, including theuse of statistical techniques and random sampling in evaluating theflow of nuclear material.82. The Agreement should provide for consultation between the Agency

and the State if the latter considers that the inspection effort is being deployedwith undue concentration on particular facilities.

Notice of inspections83. The Agreement should provide that the Agency shall give advance noticeto the State before arrival of inspectors at facilities or material balance areas out-sidefacilities, as follows:

(a) For ad hoc inspections pursuant to sub-paragraph 71(c) above,at least 24 hours, for those pursuant to sub-paragraphs 71(a) and (b),as well as the activities provided for in paragraph 48, at least one week ;(b) For special inspections pursuant to paragraph 73 above, as promp-tly as possible after the Agency and the State have consulted as providedfor in paragraph 77, it being understood that notification of arrivalnormally will constitute part of the consultations; and(c) For routine inspections pursuant to paragraph 72 above, at least24 hours in respect of the facilitiesreferred to in sub-paragraph 80(b)and sealed stores containing plutonium or uranium enriched to morethan 596, and one week in all other cases.

Such notice of inspections shall include the names of the inspectors and shallindicate the facilities and the material balance areas outsidefacilities to be visitedand the periods during which they will be visited. If the inspectors are toarrive from outside the State the Agency shall also give advance notice of theplace and time of their arrival in the State.84 . However, the Agreement should also provide that, as a supplementarymeasure, the Agency may carry out without advance notification a portionof the routine inspections pursuant to paragraph 80 above in accordance with22


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the principle of random sampling. In performing any unannounced inspections,the Agency shall fully take into account any operational programme providedby the State pur sua nt to paragraph 64 (b ). Moreover, whenever practicable,and on the basis of the operational programme, it shall advise the State peri-odically of its general pro gram m e of announce d and unan nou nced inspe ctions ,specifying the general per iods w hen insp ection s are foreseen. In carryingout any unannounced inspections, the Agency shall make every effort to mini-mize any practical difficulties for facility operators and the State, bearing inmind the relevant provisions of paragrap hs 44 above and 89 below. Similarlythe State shall make every effort to facilitate the task of the inspectors.

Designation of inspectors85. The Agreement should provide that:(a ) The D irector Gen eral shall inform the State in writing of thename, qualifications, nationality, grade and such other particulars asmay be relevant, of each Agency official he proposes for designationas an inspector for the State;(b ) The State shall inform the Director G eneral within 30 days ofthe receipt of such a proposal whether it accepts the proposal;(c ) The Director General may designate each official who has beenaccepted by the State as o ne of the inspec tors for the State, and shall

inform the State of such designations; and(d ) The Director Gen eral, acting in resp ons e to a reques t by theState or on his own initiative, shall imm ediately inform the Stat e ofthe withdrawal of the designation of any official as an inspector for theState.Th e Agreem ent sho uld also provide, however, that in respect of inspecto rsneed ed for the pu rpo ses stated in parag raph 48 above and to carry ou t adhoc inspections purs uant to sub-paragraphs 71( a) and (b ) the designationproced ures shall be com pleted if possible within 30 days after the entry intoforce of the Agreem ent. If such designation appears impo ssible within thistime limit, inspectors for such purposes shall be designated on a temporarybasis.86. The Agreement should provide that the State shall grant or renew asquickly as possible appropriate visas, where required, for each inspector de-signated for the State.

Conduct and visits of inspectors87. The A greemen t should provide that insp ector s, in exercising their func-tions under paragraphs 48 and 7175 above, shall carry out their activitiesin a manner designed to avoid hampering or delaying the construction, com-missioning or operation of facilities, or affecting their safety. In par ticu lar

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inspectors shall not operate any facility themselves or direct the staff of a facilityto carry out any opera tion. If inspec tors consider that in pur sua nce of para-graph s 74 an d 75 , particular ope ration s in a facility should be carried out bythe operator, they shall make a request therefor.88. When inspectors require services available in the State, including theuse of eq uipm ent, in connection with the performance of inspections, theState shall facilitate the pro cu rem ent of such services and the use of suchequipment by inspectors.89 . The Agreem ent should provide that the State shall have the right tohave inspectors accompanied during their inspections by representatives of theState, provided that inspectors shall not thereby be delayed or otherwise im-peded in the exercise of their functions.

STATEMENTS ON THE AGEN CY'S VERIFICATION ACTIVITIES9 0 . The Agreement should provide that the Agency shall inform the Stateof: ( a ) The results of inspe ctions , at intervals to be specified in the Sub-sidiary Arrangements; and(b ) Th e conc lusion s it has draw n from its verification activities inthe State, in particular by means of statements in respect of each materialbalance area, which shall b e m ade as soon as pos sible after a physical

inventory has been taken and verified by the Agency and a materialbalance has been struck.INTERNATIONAL TRANSFERSGeneral9 1 . The Agreement should provide that nuclear material subject or requiredto be subject to safeguards thereu nde r which is transferred internation ally shall,for purposes of the Agreement, be regarded as being the responsibility of theState: (a ) In the case of im po rt, from the time that such responsibilityceases t o lie w ith the ex po rtin g State, and no later than the time atwhich the nuclear material reaches its destination; and(b ) In the case of exp ort, up to the time at which the recipient Stateassum es such respo nsibility, and no later than th e tim e at which thenuclear material reaches its destination.The Agreement should provide that the States concerned shall make suitablearrangements to determine the point at which the transfer of responsibilitywill take place. N o State shall be deem ed to have such responsibility fornuclear material merely by reason of the fact that the nuclear material is in transiton or over its territory or territo rial wa ters, or that it is bein g transpo rtedunder its flag or in its aircraft.24


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Transfers out of the State92 . The Agreem ent should provide th at any intended transfer out of theState of safeguarded nuclear material in an amount exceeding one effective kilo-gram, or by successive shipm ents to the same State within a period of threemonths each of less than one effective kilogram but exceeding in total one effectivekilogram, shall be notified to the Agency after the conclusion of the contractualarrangements leading to the transfer and normally at least two weeks beforethe nuclear material is to be prep ared for shipp ing. Th e Agency and the Statemay agree on different pro ced ure s for advance notification. Th e notificationshall specify:

(a ) The identification and , if pos sible, the expec ted qua ntity andcomposition of the nuclear ma terial to be transferred, and the materialbalance area from which it will com e;(b ) The State for which the nuclear material is destined ;(c) The dates on and locations at which the nuclear material is to beprepared for shipping;(d ) The ap prox im ate dates of dispatch and arrival of the nuclearmaterial; and(e ) At wh at point of the transfer the recipient State will assum eresponsibility for the nuclear material, and the probable date on which thispoint will be reached.

93 . Th e Agreemen t should further provide that the pu rpo se of this notifi-cation sh all be to enab le the Agency if necessary to identify, and if pos sibleverify the quantity and composition of, nuclear material subject to safeguardsunder the Agreement before it is transferred out of the State and, if the Agencyso wishes or the State so requests, to affix seals to the nuclear material whenit has been p repare d for shipping . How ever, the transfer of the nuclear materialshall not be delayed in any way by any action taken or contemplated by theAgency pursuant to this notification.94 . The Agreement should provide that, if the nuclear material will not besubject to Agency safeguards in the recipient State, the exporting State shallm ake ar rang em ents for th e Agency to receive, within three m ont hs of the timewhen the recipient State accepts responsibility for the nuclear material from theexp orting State, confirmation by the recipient State of the transfer.

Transfers into the State95. The Agreement should provide that the expected transfer into the Stateof nuclear material required to b e subject to safeguards in an am ou nt greaterthan one effective kilogram, or by successive shipments from the same Statewithin a period of three m onth s each of less than one effective kilogram butexceeding in total one effective kilogram, shall be notified to the Agency as muchin ad vance as possibl e of the ex pec ted arrival of the nuclear material, and inany case not later than the date on which the recipient State assum es re-

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sponsibility therefor. The Agency and the State may agree on different pro-cedures for advance notification. The notification shall specify:

(a) The identification and, if possible, the expected quantity andcomposition of the nuclear material;(b) At what point of the transfer responsibility for the nuclear materialwill be assumed by the State for the purposes of the Agreement, andthe probable date on which this point will be reached ; and(c) The expected date of arrival, the location to which the nuclearmaterial is to be delivered and the date on which it is intended thatthe nuclear material should be unpacked.

96. The Agreement should provide that the purpose of this notificationshall be to enable the Agency if necessary to identify, and if possible verifythe quantity and composition of, nuclear material subject to safeguards whichhas been transferred into the State, by means of inspection of the consignmentat the time it is unpacked. However, unpacking shall not be delayed by anyaction taken or contemplated by the Agency pursuant to this notification.

Special reports97. The Agreement should provide that in the case of international transfersa special report as envisaged in paragraph 68 above shall be made if anyunusual incident or circumstances lead the State to believe that there is ormay have been loss of nuclear material, including the occurrence of significantdelay during the transfer.

D E F I N I T I O N S98. "Adjustment" means an entry into an accounting record or a reportshowing 2. shipper I receiver difference or material unaccounted for.99. "Annual throughput" means, for the purposes of paragraphs 79 and 80above, the amount of nuclear material transferred annually out of a facility work-ing at nominal capacity.100. "Batch" means a portion ofnuclear material handled as a unit for account-ing purposes at a key measurement point and for which the composition andquantity are defined by a single set of specifications or measurements. Thenuclear material may be in bulk form or contained in a number of separate items.101. "Batch data" means the total weight of each element of nuclear materialand, in the case of plutonium and uranium, the isotopic composition whenappropriate. The units of account shall be as follows:

(a) Grams of contained plutonium;(b) Grams of total uranium and grams of contained uranium-235plus uranium-233 for uranium enriched in these isotopes; and(c) Kilograms of contained thorium, natural uranium or depleteduranium.

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For reporting purposes the weights of individual items in the batchshall beadded together before rounding to the nearest unit.102. "Book inventory" of a materialbalance areameans the algebraic sum ofthe most recent physical inventory of that material balance areaand of all inventorychanges that have occurred since that physical inventory was taken.103. "Correction" means an entry into an accounting record or a report torectify an identified mistake or to reflect an improved measurement of a quan-tity previously entered into the record or report. Each correction must identifythe entry to which it pertains.104. "Effective kilogram" means a special unit used in safeguarding nuclearmaterial. The quantity in "effective kilograms" is obtained by taking:

(a) For plutonium, its weight in kilograms;(b) For uranium with an enrichment oi 0.01 (1%) and above, its weightin kilograms multiplied by the square of its enrichment;(c ) For uranium with an enrichment below 0.01 (1%) and above 0.005(0.5 % ), its weight in kilograms multiplied by 0.0001; and(d) For depleted uranium with an enrichment of 0.005 (0.595) or below,and for thorium, its weight in kilograms multiplied by 0.00005.

105. "Enrichment" means the ratio of the combined weight of the isotopesuranium-233 and uranium-235 to that of the total uranium in question.106. "Facility" means:

(a) A reactor, a critical facility, a conversion plant, a fabrication plant,a reprocessing plant, an isotope separation plant or a separate storageinstallation; or(b) Any location where nuclear materialin amounts greater than oneeffective kilogram is customarily used.

107. "Inventory change" means an increase or decrease, in terms of batches,of nuclear material in a material balance area; such a change shall involve one ofthe following:

(a) Increases:(i) Import;(ii) Domestic receipt: receipts from other material balance areas,receipts from a non-safeguarded (non-peaceful) activity or receiptsat the starting point of safeguards;(Hi) Nuclear production: production of special fissionable materialin a reactor; and(Iv) De-exemption: reapplication of safeguards on nuclear materialpreviously exempted therefrom on account of Its use or quantity.

(b) Decreases:(i) Export;(ii) Domestic shipment: shipments to other material balance areasor shipments for a non-safeguarded (non-peaceful) activity;(iii) Nuclear loss: loss of nuclear material &we to its transformationinto other element(s) or isotope(s) as a result of nuclear reactions;(iv) Measured discard: nuclear material which has been measured,or estimated on the basis of measurements, and disposed of in

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such a way that it is not suitable for further nuclear use;(v) Retained waste: nuclear material generated from processing orfrom an operational accident, which is deemed to be unrecoverablefor the time being but which is stored;(vi) Exemption: exemption of nuclear material from safeguards onaccount of its use or quantity; and(vii) Other loss: for example, accidental loss (that is, irretrievableand inadvertent loss of nuclear material as the result of an opera-tional accident) or theft.

108. "Key measurement point" means a location where nuclear material appearsin such a form that it may be measured to determine material flow or in-ventory. "Key measurement points" thus include, but are not limited to, theinputs and outputs (including measured discards) and storages in materialbalance areas.109. "Man-year of inspection" means, for the purposes of paragraph 80 above,300 man-days of inspection, a man-day being a day during which a singleinspector has access to a facility at any time for a total of not more than eighthours.110. "Material balance area" means an area in or outside of a facility suchthat:

(a) The quantity of nuclear material in each transfer into or out ofeach "material balance area" can be determined; and(b) The physical inventory of nuclear material in each "mater ia l ba lancearea" can be determined when necessary, in accordance with specifiedprocedures,

in order that the material balance for Agency safeguards purposes can beestablished.111 . "Material unaccounted for" means the difference between book inventoryand physical inventory.112. "Nuclear material" means any source or any special fissionable materialas defined in Article XX of the Statute. The term source material shall not beinterpreted as applying to ore or ore residue. Any determination by the Boardunder Article XX of the Statute after the entry into force of this Agreementwhich adds to the materials considered to be source material or special fission-able material shall have effect under this Agreement only upon acceptance bythe State.113. "Physical inventory" means the sum of all the measured or derived esti-mates of batch quantities of nuclear materialon hand at a given time within amaterial balance area, obtained in accordance with specified procedures.114. "Shipper/receiver difference" means the difference between the quantityof nuclear material in a batchas stated by the shipping material balance areaandas measured at the receiving material balance area.115. "Source data" means those data, recorded during measurement or cali-bration or used to derive empirical relationships, which identify nuclear materialand provide batch data. "Source data" may include, for example, weight ofcompounds, conversion factors to determine weight of element, specific gravity,28


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element concentration, isotopic ratios, relationship between volume and mano-meter readings and relationship between plutonium produced and powergenerated.116. "Strategic point" means a location selected during examination of designinformation where, under norm al conditions and when combined with theinformation from all "strategic poin ts" taken tog ether, the information necessaryand sufficient for the implem enta tion of safeguards measu res is obtaine d andverified; a "strategic point" may include any location where key measurementsrelated to material balance accountancy are made and where containment andsurveillance measures are executed.

Structure and Content of Agreement Between the Agency and States on Nuc Wep

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Transcript of Structure and Content of Agreement Between the Agency and States on Nuc Wep