ML20217H369
| ML20217H369 | |
| Person / Time | |
|---|---|
| Issue date: | 07/25/1997 |
| From: | Stoiber C NRC OFFICE OF INTERNATIONAL PROGRAMS (OIP) |
| To: | |
| References | |
| SECY-97-162, SECY-97-162-R, NUDOCS 9710150159 | |
| Download: ML20217H369 (80) | |
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POLICY ISSUE :
RELEASED TOTHE PDR 1
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The Commissioners FROM:
Carlton R. Stoiber, Director Office of International Programs
SUBJECT:
PROPOSED AGREEMENT FOR COOPERATION BETWEEN THE U.S. AND BRAZIL PURPOSE:
To advise the Commission of staff's review of the above agreement, and recommend Comission concurrence.
BACKGROUfG:
The existing U.S.-Brazil agreement for peaceful nuclear cooperation (Attachment 1) was signed in 1972 with a thirty year term. However, in 1980 the U.S. suspended exports and other cooperation under the agreement. Brazil did not satisfy a provision of the then recently enacted Nuclear Non-Proliferation Act (NNPA), which required the application of full-scope international safeguards by the International Atomic Energy Agency (IAEA) as a condition for continued U.S. nuclear exports (Section 128 of the Atomic Energy Act of 1954, as amended (AEA)). Exports to Argentina were suspended on the same basis.
CONTACT:
C. Breskovic, OIP CLASSIFIED MATERIAL HAS BEEN 415-2364 REMOVED TO ALLOW PUBLIC RELEASE OF THE REMAINDER OF THE DOCUMENT.
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[U) The suspension of exports to Brazil occurred during a period of increasing U.S. concern about the scope and direction of Brazil's nuclear In 1975 Brazil and Germany signed an agreement to provide Brazil program.
with a full fuel cycle.
Although the assisted activities were to be under international safeguards under a trilateral agreement between Brazil, Germany and the IAEA, the agreement with Germany was seen by critics as also spurring Brazil's development of an unsafeguarded " parallel" nuclear program, including enrichment, reprocessing techniques, and submarine propulsion.
[U)
In the late 1970s and early 1980s the military dictatorships in Argentina and Brazil undertook small steps towards increased transparency in their nuclear programs.
It was not until the mid-1980s, when democratic elections brought in new political leadership to both countries, that they sought to defuse their economic and milittry rivalry and take more positive steps towards reducing their nuclear competition.
During the late 1980s the two governments conducted a series of joint visits to their respective sensitive nuclear facilities.
In 1988 the Brazilian Congress established a new constitution prohibiting the production and manufacture of nuclear weapons, but it did not ban ' peaceful" nuclear explosions. Also in 1988 Argentina and Brazil issued the Declaration of Ezeiza, declaring the peaceful intent of their nuclear programs.
[U) The U.S. has closely monitored nuclear policies and activities in the region and repeatedly urged Brazil and Argentina to place all their nuclear activities under international safeguards, offering better economic relatiens with the U.S. as an incentive.
The U.S. insisted that they must discontinue cooperation with each other or third countries in any activities prohibited by the Nuclear Non-Proliferation Treaty (NPT) and Section 129 of the AEA as a precondition to normalizing nuclear trade relations.
International pressure was also applied by other nuclear supplier nations, including Germany's announcement in 1990 of terminating current and future exports to Brazil until full-scope safeguards were in effect.
Shortly thereafter Brazil declared that its entire nuclear program had been put under the authority of its civilian nuclear energy regulatory agency, the Comissao Nacional de Energia Nuclear (CNEN).
[U)
In 1991 Argentina and Brazil signed the Bilateral Accord on Nuclear Energy in Guadalajara, banning the production, manufacture, acquisition, They also established the Cornmon receipt or possession of nuclear weapons.
System for Accounting and Control -f.luclear Material (SCCC) and created the Brazilian-Argentine Agency for Accoun'.ing and Control of Nuclear Materials (ABACC) to administer and apply the acc:Wr.; cnd mutual inspection Both Argentina and Brazil submitted all procedures developed by the SCCC.
nuclear materials used in all their nuclear activitus to SCCC regulation.
[U)
In 1991 Brazil signed the Quadripartite Agreement between Brazil, Argentina, the IAEA, and ABACC, thereby accepting full-scope IAEA safeguards.
The agreement was brought into force by the Brazilian Senate in March 1994, the same year it ratified the Treaty of Tlatelolco, which creates a nuclear-Brazil also instituted weapons-free zone in Latin America and the Caribbean.
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The Commissioners 3
more stringent nuclear export controls, joined the Nuclear Suppliers Group (NSG) as a full member on April 23, 1996, and signed the Comprehensive Test Ban Treaty in September 1996.
[U) Finally, on June 20, 1997. President Cardoso of Brazil announced that he was submitting the NPT to the Brazilian Congress for ratification, stating that Brazil's NPT accession would '... enable Brazil to participate more credibly and effectively...' in arms control and disarmament fora.
His statement was well received both domestically and internationally, but it will be up to the back-logged Brazilian Congress to ratify the treaty.
A short analysis by the U.S. Embassy-in Brasilia on this recent development is at classified Attachment 2.
-RISCUSSION:
[U) -The Department of State is currently coordinating the precaration and the clearance of documents required to forward the proposed agreemer' to President for approval and subsequent transmittal to the Congrew. The Department has asked, consistent with statutory requirements and interagency procedures, for the NRC to review the agreement and prepare a letter from the Commission to the President giving its independent recommendation.
The President plans to visit Brazil in October 1997 and could sign the agreement on that occasion, if it has been approved.
4 The Prooosed Aoreement:
[U) A copy of the proposed agreement is set forth at Attachment 3.
A comparison of the old and new agreements is set forth at Attachrent 4.
[U) The proposed 30-year agreement provides a comprehensive framework for peaceful nuclear cooperation based on a strong mutual commitment to nuclear non-proliferation.
It is a standard agreement permitting the transfer of technology, material, equipment (including reactors)- and components for nuclear research and nuclear power production.
It gives the U.S. prior consent right for retransfers, enrichment and reprocessing as required by U.S.
-law.
It does not permit the transfer of any sensitive nuclear technology, restricted data, sensitive nuclear facilities or major components thereof.
In the event of termination, key cond;tions and controls continue with respect to material and equipment subject to the agreement.
[U)
From the United States' perspective, the proposed agreement improves on the 1972 agreement by adding important provisions necessary to satisfy the NNPA for exports of source and special nuclear material, and for nuclear equipment, especially nuclear reactors. These include provisiors for full-scope safeguards; perpetuity of safeguards; a ban on " peaceful' nuclear explosives; a right to require the return of exported nuclear items in certain circumstances; a guarantee of adequate physical security; and a consent right for enrichment of nuclear material subject to the agreement.
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The Comissioners 4
Non-Proliferation:
[U) Brazil's non-proliferation history reflects the social changes the country has experienced during the past 25 years. The gradual change from a military dictatorship in the 1970s to the present democratic society has forced the military to pass control over all of Brazil's nuclear programs to the civilian government. Under democratic rule, newly-empowered legislators have lobbied openly for constraints on uneconomic nuclear activities, especially during the severe depression which followed the departure of military rulers. Many of these efforts helped to build a political climate more conducive to the implementation of bilateral and international safeguards.
The steps taken by Brazil in recent years to accept full-scope
[U) international safeguards, to control its exports of nuclear material, equipment, dual-use comodities, and associated technology consistent with NSG guidelines, and to assume the obligations of a Non-Nuclear Weapon State Party to the-NPT, are outlined in the Background portion of this paper. Clouding the picture, however, has been a concern about the will and ability of the Brazilian government to assure that all relevant groups and individuals in the country are complying fully with these new obligations and policies, n
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In addition, a Brazilian delegation met with U.S. officials in May 1997
[U) to give further assurances regarding its standing as an NSG member and its nuclear relations with India. The delegation stressed that the N00 between Further it India and Brazil would not be implemented as originally intended.
would be subject to review against NSG guidelines, invalidating the provisions for certain technology transfers.
A letter from the Department of State to the Office of International Programs sumarizing the meeting and enclosing a Brazilian nonpaper-is at Attachment i.
Related to this matter and other qutitions about Brazil's nuclear
[U]
program, the Comission received a detailed intelligence briefing on March 31, 10, 1997.
1997 and an additional, classified Executive Branch briefing on June Most recently, the Arms Control and Disarmament Agency (ACDA) submitted
[U) its final draft Non-Proliferation Assessment Statement (NPAS) for the U.S.-
The HPAS Brazil agreement to the ACDA Director for approval (Attachment 7).
concludes that the scope and depth of the nuclear and other non-proliferation policies that the Government of Brazil put into effect in the last five years demonstrate its commitment to responsible non-proliferation behavior, and that the proposed agreement meets all substantive requirements of the AEA and NNPA.
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3 The Commissioners 5
[U) The staff agrees with the ACDA finding. Also, the staff telleves that the propried Agreement will encourage continued institutional reforms in Brazil consistent with its national non-proliferation policies.
Physical Protection:
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h, CONCLUSION:
[U) in light of the positive advances made in the development of Brazil's non-proliferation credentials and the high-level political assurances it has provided to the U.S., anil given the overall improvement in Brazil's political and economic stability, the Office of International Programs recommends Connission concurrence in the proposed agreement as one which meets the requirements of Section 123 of the AEA.
The Office of General Counsal has no legal objection and the Office of
[U) the Executive Director concurs in this paper.
l The Commissioners 6
RECOMM[HDATIONt LU) That the Commission approve dispatch to the 0:partment of State of a letter to the President, at Attachment 8. indicating concurrence in the subject agreement, t
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h Carlton R. Stoiber, Director Office of Int 9rnational Programs em Attach th.S$razilAgreement
~ 3.
New Agreement 4.
Comparison of the Old and liw Agreements 6.
Letter from DOS to OlP 8.
Draft of the Proposed Letter to the President am Cor.nissioners' comments or consent should be provided directly to the Office of the Secretary by COB Monday, August 11. 1997 Commission Staff Office comments, if any, should be submitted to the Commissione.,
NLT Monday. August 4 1997, with an information copy to the Office of the Secretary.
If '.he paper is of such a nature that it requires additional review and comment, the Commissioners and the Secretariat should be apprised of when comments may be expected.
DISTRIBUTION:
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SECY I
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J AGREEMEllT FOR COOPERATIOli BETWEEN THE GOVERilMENT OF THE UtilTED STATES OF AMERICA AND THE GOVERNMEt1T OF THE FEDERATIVE REPUBLIC OF BRAZlt CONCER!ittlG PEACETUL USES Or IJUCLEAR EllERGY the United States of America and the The Government of Government of the Federative Republic of Brazil (hereinafter referred to as "the parties");
use and Considering their close cooperation in the development, to their control of peaceful uses of nuclear energy pursuant for Cooperation Concerning Civil Uses of Atomic Agreement Energy signed July 17, 1972 (hereinafter ret ~ erred to as "the i
previous Agreement");
Reaffirming their commitment to ensuring that the international development and use of nuclaar energy for peaceful purposes are carried out under arrangements which will to the maximum further the objectives of the Treaty for the possible extent prohibition of Nuclear Weapons in Latin America and the Catibbean and its Ptotocols (" Treaty of Tlatelv)co");
Affirming their support of the objectives of the International Atomic Energy Agency ("1ACA") and their desire to promote full implementation of the Treaty of Tlatelolco; Desiring to cooperate in the development, use and control of and peaceful uses of nuclear enesqy; Mindful that peaceful nucleat activities must be undertaken from with a view to protecting the international environment radioactive, chemical and thermal contamination; Have agreed as follows:
I AllTICLE 1
- D E r l tJI T l oti s for the purpan of this Agreement:
"Dyp 3 duct material" means any radioactive material yielded in or made (A) special nuclear material)radiatinn incident to the (except radioactive by exposure to the process of producing or utilizing special nuclear material;
" Component
- means a component part of equipment or other (B) so designet.ed by agreement of the parties;
- item,
" Equipment" means any reactor, other than one designed or f ormation of plutonium or uranium 233, (C) used primrrily for theitem so designated by agreement of the pstties; or any other means uranium enriched to twenty (D)
"fligh enr iched ur anium" l
percent or greater in the isotope 235; less than
" Low enr iched u r anium" means ur anium enriched U (E) twenty percent in the isotope 235; critical component" means any part or group of 9
(F)
"Majot a sensitive nuclear parts essential to the operation of faci 1ity; (G)
" Material" means source material, special nuclear material, byptoduct material, radioisotopes other than moder at or mater ial, ot any other such byproduct material, of the parties; substance so designated by agreement
" Moderator material" means heayy water or graphite or a purity suitable f or use in a reactor to slow (H) and increase the likelihood of beryllium of down high velocity neutrons such material so designated by further fission, or any othei agreement of the parties; include the use of information, (I)
"Peacef ul purposes"and components in such fields as research, materini, equipment agriculture and industry but do not power generation, medicine,research on or development of any nuclear include use in, explosive device, or any military purpose; to the any individual or any entity subject include the parties (J)
" person" means jutisdiction of either party but does not to this Agreement; "ileactor" means any apparatus, other than a nuclear weapon in which a self-sustaining (K) explosive devir;e, or other nucleat-(ission chain reaction is maintained by utilizing uranium, plutonium or thorium or any combination thereof:
1
3 (1) design,
" Restricted data" means all data concerning l
(2) the (L) manufacture or utilization of nuclear weapons, the use of production of special nuclear material, or (3)in i he production of energy, special nuclear materiala party which it has declassified or not include data of removed from the category of restricted data; facility" means any facility designed (M)
" Sensitive nuclear reprocessing of or used primarily for uranium enrichment, nuclear f uel, heav fuel containing plutonium;
" Sensitive nuclear technology
- means any information information incorporated in equipment or ain the public dom (H)
(including fabrication, operation coinponent ) which is not important to the design, construction, or maintenance of any sensitive nuclear facility, or other such Information which may be so designated by agreement of the
)
parties; uranium, thorium, or any other
" Source material" means (1) of the parties, or (2) ores (0) material so designated by agreementthe foregoing materials in such containing one or more ofconcentration as the parties may agree fro (1) plutonium, uranium "Special nuclear material" meansisotope 235, or (2) any othet (p) in the 233, or uranium enriched of the parties.
Taterial so desiqnated by agreement
- SCOPE OF COOPERATION ARTICLE 2 The parties shall cooperate in the use of nuclear energy for peacef ul purposes in accordance with the provisions of this 1.
national laws, and their applicable treaties, Agreement regulations and license requitements.
and components information, material, equirment under this Agreement may be undertaken directly between theSuch tra 2.
Transfer of parties or thtuugh authorized persons.and to such additional terms and subject to this Agreement conditions as may be agreed by the parties.
and components transferred from the 3.
Material, equipment territory of one party to the tet ritory of the other party,dd whether directly or through a third country, will be regar eto the Agreeme as having been transferred putsuant confirmation, by the appropriate government authority o recipient party to thethat such material, equipment or co.nponents supplier party, will be subject to the Ag r eenient.
I 4
i ARTICLE 3 - TRANSFER OF INFORMATION Information concerning the use of nuclear energy for 1.
Transfers of information peacnful purposes may be transferred.
including reports, may be accomplished throuuh various means, data banks, computer programs, conferences, visits, and assignments of staff to facilities.
Fields which inay be covered include, but shall not be limited to, the following:
(A)
Development, design, construction, operation, maintenance and use of reactors, and reactor experiments; (B)
The une of material in physical and biological research, medicine, agriculture and industry; (C)
Fuel cycle studies of ways to meet future world-wide civil nuclear needs, including mulcilateral approaches to
)
guaranteeing nuclent f uel supply and appropriat e techniques f or management of nuclear wastes; (D)
Safequards and physical protection of materials, equipment, and components; (E)
Radiction protection, including safety and environmental conside ations; and (F)
Assessing the tole nuclear power may play in national energy plans, 2.
This Agreement does not require &he transfer of any inf ortnation which the partins are not permitted under their respective treaties, national laws, and regulations to transfer.
3.
Restricted data shall not be transferred under this l
Agreement.
Sensitive nuclear technology shall only be transferred 4I 4.under this Agreement as provided fut by an amendment to this Agreement.
ARTICLE 4 - TRANSFER 0F MATERIAL, FQUIPMENT AND COMPONENTS 1.
Material, equipment and components may be transferred for applications consistent with this Agreement.
Any special shall be low nuclear material transferred under this Agreement enriched uranium, except as provided in paragraphs 4 and 5.
Sensitive nuclear f acilit ics and major critical components shall only be transferred under this Agreement as provided for by an amendment to this Agteement.
I.
1 1
2.
Low ontichad uranium may b3 transferred for use as fuel in reactor experiments and in reactors, for conversion or i
fabrication, or for such other purposes as may be agreed by the parties.
3.
The quantity of special nuclear material transferred under this Agreement shall not at any time be in excess of that quantity the parties agree is necessary for 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 such reactors, and the accomplishment of other purposes as may be agreed by the parties.
4.
Small quantities of special nuclear material may be 4
transferred for use as samples, standards, detectors, targets and for such other purposes as the parties may agree.
{
)
Transfers pursuant to this paragraoh shall not be subject to the quantity limitations in paragraph 3.
5.
Special nuclear material other than low enriched uranium and material contemplated under paragraph 4 may, if the parties agree, be transferred for specified applications where technically and economically justified.
ARTICLE 5 - STORAGE AND RETRANSFERS 1.
plutonium and uranium 233 (except as contained in irradiated fuel elements), and high enriched uranium, transferred pursuant to this Agreement or used in or produced through the use of material er equipment so transferred shall only be stored in a facility to which the parties agree.
2.
Material, equipment and components transferred pursuant to this Agreement and any special nuclear material produced II through the use of any such material or equipment shall not be transferred to unauthorized persons or, unless the parties agree, beyond the recipient party's territorial jurisdiction.
ARTICLE 6 - REPROCESSING AND ENRICHMENT 1.
Material transferrud pursuant to this Agreement and material used in or produced through the use of material or equipment so transferred shall not be reprocessed unless the parties agree.
.A
4t plutonium, uranium 233, high enrichod uranium and 2.
transferred irradiated source or special nuclear material, to this Agteement or used in or produced through the pursuant shall not be use of material or equipment so transferred, altereti in form or content, except by irradiation or further i
irradiation, unless the parties agree.
3.
Uranium trancierted pursuant to this Aoreement or used in any equipment so transferred shall not be enriched after in the isotope 235 unless transfer to twenty percent or greater the parties agree.
f ARTIChE 7 - PHYSICAL PROTECT 1011 Adequate physical protection shall be maintained with respect to source or special nuclear material and equipment 1.
trannterred pursuant to this Agreement and special nuclear
( )
material used in or produced through the use of material or equipment so transferred.
2.
The parties agree to the levels for the application of forth in the Annex to this Agreement, physical protection set of the parties without which may be modified by mutual consentThe parties shall maintain adequate this Agreement.
levels.
amending protection measures in accordance with theseminimum provide prote physical These measures shall as a to the recommendations set forth in 1AFA Document INFCIRC/225/Rev. 3 concerning the physical protectinn of nuclear material, or in any revision of that document agreed to by the patties.
3.
The adequacy of physical protection measures maintained to this article shall be subject to review and consultations by the parties periodically and whenever either pursuant revised measures may be required to party is of the view that l,}
maintain adertuate physical protection.
Each party shall ident ify those agencies or authorities levels of physical 4.
responsibility for ensuring that responsibility for having protection are adequately met and havingrecovery operations in the event of coordinating response and to this unauthorized use or handling of material subject Each party shall also designate points of contact authorities to cooperate on matters of article.
within its national out-of-country transportation and other mattets of mutual Concern.
provisions of this articlo ahall be impicmJntCd in such 5.
Th9 a manner as to avoid undue interferonce in the pa r tios ' nuclear activities and so as to be consistent with prudent management practices required for the economic and safe conduct of theit nuclear programs.
ARTICLE B - NO EXPLOSIVE OR MILITARY APPLICATION Conperation under this Agreement shall be based upon the 1.
following obligations:
(A)
For Brazil, not to detonate a nuclear explosive device, and (B)
For the United States, not to detonate a nuclear explosive to this device using matetial, equipment or components subject Agreem9nt.
and components transferred pursuant to lI Material, equipment 2.
and material used in or produced through the use this Agreement of any material, equipment or components so transferred shall for research on be used for any nuclear explosive device, rot or for any or development of any nuclear explosive device, military purpose.
ARTICLE 9 - SAFEGUARDS 1.
Cooperation uncler this Agreement shall require the application of IALA safeauards with respect to all nuclear material in all nuclear activities within the territory of Brazil, under its jurisdiction or carried out under its control anywhere.
Implementation of the safeguards agreement between Brazil, the Argentine Republic, the Brazilian-Argentine Agency for Accounting and Control of Nuclear Materials, and the IAEA, signed at Vienna December 1J, 1991, shall be considered to j }
fulfill this requirement.
Source or special nuclear material transferred to Brazil 2.pursuant to this Agreement a nri any soutce or special nuclear material used in or produced through the use of material, equipment or components so transferred shall be subject to safeguards in accordance with the satequards agreement specified in paragraph 1 of this Article.
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3.
Source or special nucient material transferred to the United States putsuant to this Agreement and any source or special nuclear material used in or produced through the use of any material, equipment or components so transfetted 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, entered into force December 9, 1980.
4.
If either party becomes aware of circumstances which demonsttate that the IAEA for any reason is not or will not be applying safeguards in accordance with the agreement as provided for in paragraph 2 or paragraph 3, to ensure effective i
continuity of safeguards the parties shall immediately enter into arrangements with the IAEA or between themselves which conform with IAEA safeguards principles and procedures and the coverage required by par agraph 2 or paragraph 3, and which provide assurance equivalent to that intended to be secured by g
i the system they replace.
5.
Each party shall take such measures as are necessary to maintain and facilitate the application of safeguatds provided f or under this Article.
6.
Each party shall ensure tne maintenance of a system of accounting for and control of source and special nuclear material transferred putsuant to this Agreement and source and special nucle'r material used in or produced through the use of any material, equipment or components so transferred.
The procedures for this system shall be comparable to those set forth in IAEA document INFCIRC/153 (cottected), or in any revinion of that document agreed to by the parties.
7.
Upon the request of either party, the other party shall repot t or permit the IAEA to report to the requesting party on the status of all inventories of matettal subject to this k
Agreement.
8.
The provisions of this article shall be implemented in such a manner as to avoid undue intetference in the patties' nuclear activities and so as to be consistent with prudent management ptactices required for the economic and safe conduct of the!r nuclear programs.
.g.
e ARTICLE 10 - MULT!pLE SUPPLIER CONTR0!.S If any-agreement between either party and another nation or group of nations provides such other nation or group of nations rights equivalent to any or all of those set forth under Article 5 or 6 with respect to material, equipment or to this Agreement, the parties may, upon i
j components subject teyuest of either of them, agree that the implementation of any such tights will be accomplished by such other nation or group i
l of nations, f
ARTICLE 11 - CESSATION OF COOPERATION If either party at any time following entry into forco of 1.
this Agreements 6,
7, 8,
does not comply with the provisions of Article 5, g
(A) 1 or 9, or terminates, abrogates or materially violates a safeguards (B) agreement with the IAEA, the other party shall have the rights to cease further suspend this Agreement, or cooperation under this Agreement,and to. require the return of any terminate this Agreementand components transferred under this material, equipment Agreement and any special nuclear material produced through their use, s'
If either party exetcises its tights under this Article to _
require the return of any material, equipment or components, it 2.
after removal from the territory of the other party,
- shall, reimbutoe the other perty for the fair market value of such matetial, cyuipment or componunts.
h ARTICLE 12 - TERMINATION OF PREVIOUS AGREEMENT The ptevious Agreement shall tetminate on the date this I
1.Agreement enters into force.
Cooperation initiateil under. the previous Agreement shall continue in accordance with the provisions of this Agreement.
2 The provisions of this Agreement shall apply to material and equipment subject to the previous Agreement.
10 -
Al<TICl.E 13 - CONEUhTAT10115 AtlD EliVI RntiMENTAL pHOTECTIOli 1.
The parties undertake to consult, at ihe regnest of eit her party regarding the implementat. inn of t.his Agreement and the develnpmant ni further cooperation in the field of peaceful uses of nuclear energy.
2.
The parties shall consult, with regard to activities under this Agreement, to identify the international environmental implications arising from such activities and shall cooperate in protecting the international environment from radioactive, chemical or thermal cont amination arising from peaceful nuclear activities under this Agreement and in related matters of health and safety.
ARTICLE 14 - ENTRY IllTO TORCE, DURATION, AND AMENDME!JT 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, and shall remain in force for a period of thirty (30) years.
This term may be extended for such additional periods as may be agreed between the parties in accordance with l
their applicable requirements.
2.
tiotwithstanding the suspension, termination or expiration of this Agteement or any cooperation hereunder for any reason, Articles 5, 6,
7, 8,
9, and 11 shall continue in effect so long as any material, equipment or components subject to these Articles remains in the territory of the party concerned or under its jutisdiction os control anywhere, or until such time as the parties agree that such material, equipment or components are no longer usable f or any nuclear activity relevant from the point of view of safeguards.
3.
At
'm r etpms t of either party, the parties shall consult on whether to amend this Agreement or to replace it with a new agreement.
IN WITNESS WHERF0F the undersigned, being duly authorized, have signed this Agteement.
DONE at Brasilia, this
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day of Mo d
- 1996, in duplicate, in the English and Portuguese languages, both texts being equally authentic.
FOR Tile GOVFRNMENT OF THE FOR THE GOVERNMENT OF THE UNITED STATES OF AMERICA:
FEDERATIVE REPUBLIC OF BRAZIL:
I t
ANNEX 3
Fursuant to paragraph 2 of Article 7, the agreed levels of 3
phycical protection to bn ensured by the competent national j
authorities in the use, storage and transportation of the materials listed in the attached table shall as a minimum include protection characteristics as below:
Category III Use and storage within an area to which access is controlled.
Transpbrtation under special precautions including prior arrangements among sender, recipient and carrier, and prior agreement between entities subject to the jurisdiction and regulation of supplier and recipient states, respectively, in case of international transport specifying time, place and procedures for transferring transport responsibility.
Category II Use and storage within a protected area to which access is controlled, i.e.,
an area under constant surveillance by guards or electronic devices, surrounded by a physical barrier with a limited number of points of entry under appropriate control, or any area with an equivalent level uf physical protection.
Transportation under special precautions including prior arrangements among sender, recipient and carrier, and prior agreement between entities subject to the jurisdiction and regulation of supplier and recipient states, respectively, in case of international ttonsport, specifying time, place and procedures for transferring transport responsibility.
Category I lf Material in this category shall be protected with highly reliable systems against unauthorized use as follows:
Use and storage within a highly protected area, i.e.,
a protected area as defined for category II above, to which, in addition, access is restrict ed to persons whose trustworthiness has been determined, and which is under surveillance by guards who are in close communication with apptopriate response forces.
Specific measures taken in this context should have as their objective the detection and prevention of any assault, unauthorized access ot unauthorized removal of material.
Trannportation under special precautions as identified above t
for transportation of categories 11 and III materials and, in addition, under constant sutveillance by escorts and under conditions which assure close communication with appropriate tespons9 forces.
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Category 111 I
gg Form g
Material C
Less than 2 kg but more 500 g or less b
2 kg or more I Plutonium.f Unirradiated than 500 g a
b d
Unitradiated
- 2. Uranium-235 C
Less than 5 kg but more I kg or less
- uranium enriched to 20% 23sU or more 5 kg or more than Ikg C
Less than 10 kg
- ufanium enriched to 10% '"U but 10 kg or more less than 20%
- uranium enriched above natural, but 10 kg or more less than 10% 5U C
Less than 2 kg but more 500 g or less b
2 kg or more Unirradiated than 500 g
- 3. Ur:nium-233
% in plutoniem-2 38.
AII plutonium escept that with isotopic concentration esceedeng 80 h a radiation level equel to or less then 100 reds / hose et one raieter washielded.
Meterial not irredisted in a reactor or material irradiated in a reactor but wit e
b Less thsn a radiologically significant qwentity should be esempted.
i h d to lest then 80% not felting in Category lit should be protected in fieturel wrentum, depleted utenium and thoclem end quantities of wrenium enr c e d
i l depending on the category of the freWs fuel. Howevee, f et wh6ch by virtwe or 8te accordance with prudent enensgement practice.
Irredleted fuel should be protected se Category I,11 or Ill nuclear enster a!! before feradletion should only be redeced one C original flesue pneterial content la included se Category I or l tonium mel*,olently. The State should then apply phyences fuel enceeds 100 reds /h at one meter wnshielded, it deems appropriate and without regard to the plotoniem quantity speelfied under The State's cocipetent authority should determine if there is a credible threat to r operse p u lh t
protection requirements for category I, II or III of nuclear mater a, seities and forms determined by the State t > fell with il f
rech t elegory herein, to the plutoniem isotopes in those quant
AGRELD MINUTE puring the negntiation of the Agreement for Cooperatinn between the United States of Ametica and Brazil Concerning Peace (ul Uses of Nuclear Energy (" Agreement") signed today, the gottowing undetstandings, which shall be an integral part of were teached.
the Agreement, Coverage of Agreement For the purposes of implementing the rights specified in Articles 5 and 6 with respect to special nuclear material producerl through the use of nuclear material 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 nuclear material produced which represents the ratio of transferred material used in the production of the special nuclear material to the total amount of material so used, and i
l similarly for subsequent generations.
Safeguards l'
if either patty becomes aware of circumstances referred to in paragraph 4 of Article 9, cither patty shall have the rights listed below, which rights shall be suspended if both parties 3
agree that the need to exercise such rights is being satisfied by the application of IAEA safeguards under arrangements pursuant to paragraph 4 of Article 9:
(1)
To review in a timely fashion the design of any equipment transferred pursuant to the Agreement, or of any facility which is to use, fabricate, process, or store any material so j
transferred or any special nuclear material used in or produced
(
.f through the use of such material or equipment; (2)
To require the maintenance and production of records and
[1 of r e l ev.a n t reports for the purpose c2 assisting in ensuring accountability for material trannferred purnuant to the
{~
Aqteement and any source material or special nuclear material used in or produced through the use of any material, equipment coinponents so t r ansf er tod; and or I
r 2
To designato personnol, in consultation with tho other
'(3) arty, who shall have access to all places and data necessary account for the material in paragraph 2, to inspect any p
equipment or iacility ref erred to in paragraph 1, and to to install any devices and make such independent measurements as l
Such hmay be deemed necessary to account for such material.
personnel shall, if either party so requests, be accompanied by h
personnel designated by the other party, i
FOR THE GOVERNMENT OF THE FOR THE GOVERNMENT OF THE FEDERATIVE REPUBLIC OF BRAZ1Lt UNITED STATES OF AMERICA:
7
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SUMMARY
OF DASIC pROVIS!O!1S OF THE AGREEME!4T FOR COOPERATION BETWEEli THE GOVERNMEt1T OF THE UNITED STATES OF AMERICA AllD THE GOVERNMEllT OF THE FEDERATIVE REpVDLIC OF DRAZIL l
CollCERNING PEACEFUL USES OF HUCLEAR E!1ERGY, WITH ANNEX AND AGREED MI!1UTE l
Attic 1c_1. contains definitions.
Atticle 2 sets forth the scope of cooperation in the use of nuclear energy for peaceful purposes.
It provides that transfers of information, material, equipment and components may be= undertaken subject to the agreement and to such additional terms and conditions as may be agreed by the parties.
It also provides that material, equipmont or components transferred between the parties for peaceful purposes will be regarded as having been transferred pursuant to the agreement only upon confirmation by the recipient party that such item or items are to be subject to the terms of the agreement.
Article 3 provides for the transfer of information in a variety, of fields involving the peaceful uses of nuclear energy.
Restricted data may not be transferred under the agreement Sensitive nuclear technology may not be transferred under the agreement unless the agreement is amended to provide for such transfer.
I
~
- ~
2-l At11cle_4 provides the basic en0bling framework for the l
transfer of material, equipment and components.
With some stated exceptions, including small quantities for use as
-samples, standards, detectors, targets and such other purposes as may be agreed, transfers of special nuclear material to Brazil will be_ limited to low enriched uranium, which may be transferred for use as fuel in reactors or reactor experiments, for conversion or fabrication or for such other purposes as may be' agreed.
No sensitive nuclear facilities or major critical components of such facilities may be transferred unless the agreement-is amended to provide for such transfers.
This article further provides that the quantity of special nuclear material transferred shall not at any time be in excess of quantities that the parties agree are necessary for specified purposes.
Transfers of small quantities of special nuclear material are not subject.to this limitation.
Article 5 requires the parties' agreement (1) on facilities for the storage of plutonium and uranium 233 (except in irradiated fuel elements) or high enriched uranium transferred pursuant to the-agreement or used in1or produced through the use of material or equipment so transferred; and (2) for the retransfer of any material, equipment or components so n
o.
transferred and special nuclear material produced through the use of material or equipment so transferred.
The agreed minute states that the consent rights specified in article 5 with respect to special nuclear material produced'through the use of nuclear material transferred, and not used in or produced through the use of equipment transferred, shall in practice be applied to that proportion of produced special nuclear material which represents the ratio of transferred material used in its production to the total amount of material so used.
Article 6 requires the parties' agreement (1) for the reprocessing of material-transferred pursuant to the agreement and material used.in or produced through the use of any material or equipment so transferred; (2) for the alteration in form or content, except-by irradiation or further irradiation, of plutonium, uranium 233, high enriched uranium or irradiated source or special nuclear material so transferred or produced; and (3) for the enrichment to 20 percent U-235 or more of uranium so transferred or used in any equipment so transferred.
The agreed minute states that the consent rights specified-in_ article 6 with respect to special nuclear material produced through the use of nuclear material transferred, and not used in or produced through the use of equipment
4-l transferred, shall in prsctice be applied to that proportion of produced special nuclear material which represents the ratio of transferred material used in its production to the total amount of material so used.
l Article 7 requires each party to maintain adequate physical protection measures, in accordance with levels of protection set forth in the Annex to the agreement, with respect to all material and equipment subject to the agreement.
The measures applied shall, as a minimum, provide protection comparable to that set forth in the current version of IAEA document INFCIRC/225 concerning the physical protection of nuclear material as agreed to by the parties.
The Annex describes physical security levels applicable with respect to the use, storage and transport of nuclear materials classified as categories I (requiring the most stringent levels of protection), 11 and III.
The parties agree to consult concerning the adequacy of these physical security measures and to identify agencies or authorities responsible for physical security.
The provisions of this article shall be implemented in such a way as to avoid undue interference in the parties' nuclear activities and to be consistent with prudent management.
Attich_ft contains a guarantee by each party that no material, equipment or components subject to the agreement will be used for any nuclear explosive device, for research on or development of any nuclear explosive device, or for any military purpose.
It also provides that cooperation under the agreement will be based on an obligation by Brazil not to detonate a nuclear explosive device, and on an obligation by the United States not to detonate a nuclear explosive device using any item subject to the agreement.
ALticle 9 requires application of IAEA safeguards with respect to all nuclear activities within the territory of Brazil, under its jurisdiction or carried out under its control anywhere.
This article further requires source or special nuclear n.aterial transf erred pursuant to the Agreement and source or special nuclear material used in or produced through the use of material, equipment or components so transferred to be subject to the two parties' respective safeguards agreements with the IAEA.
This article also contains
' ns for fall-back safeguards.
The agreed minute nu forth n 'ain rights each party will have in the event ( AEA 3;'f..r a n ds e tc not being applied.
Article 9 also c2. c o.:
u.+ 9 atty to take measures to maintain and facilitt e the u r s a st ion f safeguards.
Th;s article requires each
.i t y t'-
".,c e in aterial accounting
i and control system, the details of which shall be comparable to 3
those set forth in IAEA document INFCIRC/153 (corrected).
Upon the request of either party, the other party shall report or permit the IAEA to report on the status of all inventories of l
I material subject to the agreement.
The article's provisions, finally, are to be implemented so as to avoid undue
~
interference in the parties' nuclear activities and consistent with prudent management.
htticle 10 provides that if an agreement between either party and another nation or group of nations provides such other nation or group of nations rights equivalent to any or all those set forth under articles 5 or 6 with respect to material, i
equipment or components subject to the agreement, the parties may, upon the request of either, agree-that-implementation of i
such rights will be accomplished by the other nation or group of nations.
Article 11 accords each party the right to cease cooperation, j
suspend or terminate the agreement, and require the return of
_any material,-equipment or components transferred under the agreement and any special' nuclear material produced through i-
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. their use if the other party does not comply with article 5, 6,
7, 8, or 9, or terminates, abrogatos or materially violates a safeguards agreement with the IAEA.
In the event a return is required by one party, the other party shall be reimbursed for fair market value.
Article 12 provides for termination of the previous agreement and application of the provisions of the new agreement to material and equipment subject to the previous agreement.
ALticiq_13 provides for consultations at the request of either party regarding the implementation of the agreement and the development of further cooperation in the peaceful uses of nuclear energy.
It also provides that the parties shall consult on the environmental implications of activities ',nder the agreement, and ccoperate in protecting the intetnational environment from radioactive, chemical or thermal contamination arising from such activities and in related matters of health and safety.
kr.ticl.c_li establishes a 30 year term for the agreement, which may bo extended by agreement of the parties in accordance with
8-their applicable requirements.
In the event of termination or expiration of the agreement, articles 5, 6, 7, 8, 9 and 11 shall continue in effect so long as items subject-to the agreement remain in the territory, under the jurisdiction or under the control of the party concerned, or until the parties agree that such items are no longer usable for any nuclear This activity relevant from the point of view of safeguards.
article also provides'for consultations on amendment or replacement of the agreement.
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Summary and Comments Old Agreement New Agreement -
' AGREEMENT FOR COOPERATION Title AGREEMENT FOR COOPERATION BETWEEN THE GOVERNMENT OF THE-BETWEEN THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND THE UNITED STATES OF AMERICA AND THE GOVERNMENT OF THE FEDERATIVE GOVERNMENT OF THE FEDERATIVE REPUBLIC OF BRAZIL CONCERNING REPUBLIC OF BRAZIL CONCERNING CIVilUSES OF ATOMIC ENERGY j
PEACEFUL USES OF NUCLEAR ENERGY Whereas the Govemment of the United Preamble.
The Government of the United States of States of Amenca and the Govemment of America and the Govemment of the the Federatrve Repubic of Brazi! signed an Federative Republic of Brazil (hereinafter
" Agreement for Cooperation Between the referred to as "the Parties").
Govemment of the United States of Amer ca and the Government of the United Considering their close cooperation in the States of Brazil Concemrng Cnni Uses of development, use and control of peaceful Atomic Energy" on July 8.1965. [1] and uses of nuclear energy pursuant to their Agreement for Cooperation Conceming Whereas the Govemment of the United Civil Uses of Atomic Energy signed July 17 States of America and the Govemment of 1972 (hereinafter referred to as 'the the Federatrve Repubirc of Brazil desire to Previous Agreement");
pursue a research and development program looking toward the realization of Reaffirming their commitment to ensuring peaceful and humanitanan uses of atomic that the internation.1 developmerd W use energy. including the design, construction.
of nuclear energy for peaceful purpor es are and operation of power-producing reactors carried out under arrangements which wdl and research reactors and the exchange of to the maximum possible extent furtr er the information relating to the development of objectives of the Treaty for the Prohibtion other peaceful uses of atomic energy; and of Nuclear Weapons in Latin Amerka and the Caribbean ai d i's Protocols (" Treaty of Whereas the Govemment of the United Tlatelolco"),
States of America and the Govemment of Y
the Federatrve Republic of Brazil are
.1 Affirming their support of the objectives of desirous of entering into thrs Agreement to the International Atomic Energy Agency cooperate with each other to attarn the j
("lAEA") and their desire to promote full above objectives, and j
implementation of the Treaty of Tlatefolco; u
4
1 Summary and Comments Old Agreement New Agreement Whereas the Partes ceswe this Agreement Preamble (continued)-.
Desiring to cooperate in the development, to supersede the Agreement for use and control of peaceful uses of nuclear Cooperation Between the Govemment of energy; and the United States of America and the Govemmen of the United States of Brazil
[-
Mindful that peaceful nuclear activities must Conceming Civil Uses of Atomic Energy be undertaken with a view to protecting the signed on July 8,1965, intemational environment from radioactive, chemical and thermal contamination; The Partes agree as follows:
. Have agreed as follows:
I' End of Preamble j
End of Preamble l
ARTICLE I -
ARTICLE 1 -DEFINITIONS For the purposes of this Agreement:
Article 7 & ArticleI contain For the purposes of this Agreement:
dehnitions.
}
(1)" Parties' means the Govemment of the (A) " Byproduct materiar means any The definitions in the new agreement United States of Amenca including the radioactive material (except special nuclear j
material) yielded in or made radioactive by are more comprehensive and add Commission on behalf of the Govemment defsnitions of ferms such as "sens#ive of tne Unrted States of Amenca, and the esposure to the radiation incident to the i
process of producing or utilizing special nuclear facilify* and " sensitive nuclear Gparnment of the Federative Repubhc of fechnology".
Brazd " Party"means one of the above nuclear material.
si,.
Parties.
(B) " Component" means a component part -
(2) " Commission" means the Un:ted States
. of equipment or other item, so dessnated '
Atomic Energy Commission.
by agreement'of the parties;
' (3)" Atomic weapoff means any device j
@ " Equipment" means any reactor, other utdtzing atomic energy, exclusive of the
[
than one designed or used primanly for the means for transporting or propelling the I
' formation of plutonium or uranium 233, or device (where such means is a separable any other stem so designated by agreement and divisible part of the device), the i
of the parties; pnncipal purpose of which is for use as. or for development of. a weapon, a weapon I
- (D) "High ennched uranrum" means prototype. or a weapon test device uranium enriched to twenty percent or 4
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Summary and Comments Old Agreement New Apyeement (4) Byproduct matenai means any Article 1 & Article I(contd y greater in the isotope 235.
radioactrve matenal (except speca1 nuclear matenaf) yielded in or made radioactrve by (E) " Low enriched uranrum means exposure to the radiation inodent to the uranium enriched to less than twenty process of produong or utihzmg specui percent in the isotope 235.
nuclear material.
(F) " Major cntical component" means any (5)"Equrpment and devices' and par 2 or group of parts essential to the "equtpment or devices' mean any operation of a sensttrve nuclear factity; instrument. apparatus, or faol:ty and include any faolity. except an atomic (G) " Material" means source material, weapon. capable of making use of or special nuclear material byproduct material, producing specal nuclear matenal. and j
i radioisotopes other than byproduct material, component parts thereof.
moderator matenal or any other such substance so designated by agreement of (6) ~ Person' means any ind:vidual.
)
the parties.
corporation. partnership, firm. assocation.
trust. estate. public or pnvate inst:tution, (H) "Moderatoi material" means heavy group govemment agency. or govemment water or graphite or beryllium of a pur'ty corporaton but does not include the Parties suitable for use in a reactor to slow down to thrs Agreement high vetoaty neutrons and increase the thelihood of further fission or any other (7) Reactor" means an apparatus, other l
such matenal so designatec by agreement than an atomic weapon in whrch a of the parties, self-supporting fission chain reaction is maintained by utilizing urantum, plutonium.
(I) " Peaceful purposes" include the use of or thonum. or any combmation of uranium, l
information, matenal, equipment and plutonium. or thonum components in such fields as research, power generation, medicine agriculture and (8) 'Restncied Data' means a:1 data industry but do not include use in research concernmg (1) design, manufacture, or on or developmer.t of any nuclear explosive uti! zatron of atomic weapons. (2) the I
device, or any military purpose; production of speaal nuclear matenal. or 3) the use of speoat nuclear matenal in the (J) " Person' means any individual or any production of energy, but shali not include entity subject to the jurisdiction of either data declassifted or removed from the party but does not include the parties to this category of Restocted Data by the Agreement.
m
Summary and Comments Old Agreement New Agreement Article f & Article I(contd) appropnate authenty (K) " Reactor" means any apparatus other than a nuclear weapon or other nuclear (g) Safeguards" means a system of explosive device, in which a seif-sustatnmg controls designed to assure that any fission chain reaction is maintained by materials equipment and devices utilizing uranium, plutonium or thorium or commit *ted to the peaceful uses of atomic any combination thereof, energy are not used to further any military
- purpose, (L) "Restncted data" means all data conceming (1) design manufacture or (10) ~ source matena " means (1) uranium, r
utilization of nuclear weapons. (2) the thonum, or any otf ar matenal which is production of special nuclear material, or (3) determined by the Commrssion or the the use of special nuclear materialin the Govemment of the Federative Republic of production cf energy, but shall not include Brazil to be source matenat, or (2) ores data of a party which it has declassified or containing one or more of the foregoing removed from the category of restricted matenals, in such concentratien as the data-Comm:ss:on or the Govemment of the Federatrve Repub!c of Brazit may (M) " Sensitive nuclear facility" means any determine from time to time facility designed or used primarify for uranium ennchment, reprocessing of (11)"Special nuclear matenar means (1) nuclear fuel, heavy water production, or plutonium, uranium ennched in the isotope fabrication of nuclear fuel containing 233 or in the isotope 235, and any other plutonium; material when the Commtsston or the Govemment of the Federative Republic of (ti) " Sensitive nuclear technology" means Brazil determines to be special nuclear any information (rncluding information mate..at or (2) any mater;al artificially incorporated in equipment or a component) enriched by any of the foregoq which is not in the public domain and which is important to the design, construction, (12) Superuded Agreement ~ meant.the fabrication, operation or maintenance of any
-Agreement for Cooperation between the sensitive nuclear facility, or other such Govemment of the United States of information which may be so designated by Amenca and the Government of the United agreement of the parties; States of Brazil Conceming Crvil Uses of Atomic Energy' signed by the Partes on (O; " Source materiar means (I) uranium.
July 8.1965 thorium, or any other material so designated by agreement of the parties, or rv
2-Summary rnd Comments
' Old Agreement
' New Agr:emsnt-
Article 1 (contd.).
l ('2) cres containing one e more of the
- foregoing materials in s t 5 concentration as the parties may agree Mm time to time; (P) *Special nuclear materiar means (I) -
! plutonium, u.anium 233, or uranium enriched in the isotope 235, or (2) any other material so designated by agreement of the parties.
End of Article i End of Article 1 ARTICLE II ARTICLE 2 - SCOPE OF COOPERATION A. Subject to the provisiorrs of this.
Article 2 sets forth the scope of
- 1. The parties shall cooperaie in the use of -
cooperation in the use of nuclear energy for Agreement, the availability of personnel and nuclear energy for p.tateful purposes in peacefu/ purposes. It provides that transfers material, and the applicable laws, accordance with the provisions of this
.. ofinformation, material. equipment and regulations. and license requirements in Agreement and their applicable treaties, components may be undertaken subject to Parties shall cooperate with each other in force in their respective countries, the national laws, 'egulations and license the agreement and to such additional terms
- the achievement of the uses of atomic requirements and conditions as may be agreed by the
- 2. Transfer af information, material, parties /t also provides that materiat, energy for peaceful purposes.
equipment or components transfened equipment and components under this between the parties forpes:;eful purposes B. Restricted Data shall not be Agreement may be undertaken directly.
willbe regarded as having been transfened communicated under this Agreement, and between the parties or through authorized no materials or equipment and devices shalf persons. Such transfers shall be subject to pursuant to the agreement only upon be transferred, and no services shall be confirmation by the recipient party that such this Agreement and to such additional terms =
item or items are to be subject to the terms fumished, under this Agreement, if the and conditions as may be agreed by the transfer of any such materials or eqaipment of the agreement.
parties.
and devices or the fumishing of any such senrices involves the communication of 3 Material, equipment and components Restricted Data transferred from the territory of one party to the territory of the other party, whether C. This Agreement shall not require the directly or through a third country, will be exchange of any information which the regarded as having been transferred Parties are not permitted to communicate.
pursuant to the Agreement only upon v- -
Summary and Comments" Old Agreement New 'A7reement Article 2 (contd).
confirmation, by the appropnate government authority of the recipient party
. to the appropriate govemment authority of the supplier party, that such material, equipment or components will be subject to the Agreement.
End of Article II -
End of Article 2 ARTICLE 3 -TRANSFER OF ARTICLE 111 INFORMATION Article 3 provides for the transfer of
' Subject to the provisions of Article II, the iL Information concerning the use of information in a variety of fields involving Parties may exchange unclassified nuclear energy for peaceful purposes may information with respect to the apphcation of be transferred. Transfers of information -
the peacefuluses of nuclear energy.
Restricted data may not be transferred atomic energy to peaceful uses and the may be accomplished through various -
means, including reports, data banks, under the agreement sensitive nuclear considerations of health and' safety computer programs, conferences, visits, technology may not be transferred under connected therewith. The exchange of and assignments of staff to facilities. Fields the ag ement unless the agreement is information provided for in this Article will be amended to provide for such transfers.
accomplished-through various means, which may be covered include, but shall not including reports, conferences, and visits to be limited to, the following:
This Article provides updated facilities, and may include information in the -
references to the use of computer following fields:
(A) Development, design, construction, operation, maintenance and use of technology in the transfer ofinformation reactors, and reactor experiments; between the parties and also provides a (1) Development, design, construction, more comprehensive list of the types of' operation, and use of research, materials information authorized to be exchanged.
testing, experimental, demonstration power, (B) The use of materialin physical and and power reactors and reactor-biological research, medicine - agriculture
. The new agreement, for example, experiments; and industry; authorizes information exchanges on fuel (C) Fuel cycle studies of ways to meet cycle studies, safeguards, and physical (2) The use of radioactive isotopes and
(
future world-wide civil nuclear needs, protection that was not explicitly mentioned source material, special nuclear material, and byproduct material in physal and in the old_ agreement.
including multilateral approaches to biological research, medicine. agnculture, guaranteeing nuclear fuel supply and
- and industry; and appropriate techniques for management of nuclear wastes, vt
Summary end Commenta Old Aya.-.est
- New Agreement Article 3 & Article //i(centd)
' (3) Health and safety considerations'relatedD.-
'(D) Safeguards and physical protection of'
~
to the foregoing
~
imaterials, equipment, and components;
- (E) Radiation protection,inciuding safety s and environmental considerations; and (F) Assessing the role nuclear power may
. play in nat ona energy plans.:
i l
- 2. This Agreement does not require the transfer of any infortnation which the parties
'7 are not permitted under their respective treaties.' national laws, and regulations to transfer.
- 3. Restricted data shall not be transferred under this Agreement.
- 4. Sensitive nuclear technology shall only.
be transferred under this Agreement as provided for by an amendment to this Agreement.
End of Article ill End of Article 3 ARTICLE 4 -TRANSFER OF MATERIAL, ARTICLE IV EQUIPMENT AND COMPONENTS A Materials of interest in connection with.
Article 4 provides the basic
- 1. Material, equipment and components enabling framework for the transfer of..
the subjects of agreed exchange of may be transferred for applications-
' material, equipment and components Wsth info:mation, as provided in Article !!! and '
consistent with this Agreement. Any special some stated exceptions, including small subject to the provisions of Article 11 nuclear material transferred under this quantities for use as saraples, standards, including source material, heavy water; Agreement shall be low enriched uranium, detectors, targets and such other purposes byproduct material, other radioisotopes, except as provided in paragraphs 4 and 5.
as may be agreed, fransfers of specta!
- stable isotopes, and special nuclear Sensitive nuclear facilities and major critical
' vii
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Old Agreement Summary and Comments New Agreement material for purposes other than fueling Article 4 (contd).
components shall only be transferred under reactors and reactor experiments, may be
' ~
this Agreement as provided for by an
. nuclear material to Brazd will be hmited to transferred between the Parties for defined amendment to this Agreement.
low enriched uranium, which may be applications in such quantities and under such terms and conditions as may be transferred for use as fuelin reactors or
- 2. Low enriched uranium may be reactor experiments, for conversion or agreed when such materials are not l
transferred for use as fuelin reactor fabrication or for such other purposes as commercially available.
experiments and in reactors, for conversion may be agreed. No sensitive nuclear B. Subject to the provisions of Article il and or fabrication, or for such other purposes as, facihties or major entical components of under such terms and conditions as may be may be agreed by tha parties.
such facihties may be transferred unless the
- 3. The quantity of special nuclear material agreement is amended to provide for such agreed, specialized research facilities and reactor materials testing facilities of the transfers. This article furtherprovides that
. at any time be in excess o t a quantity the the quantity of special nuclear material Parties may be made available for mutual transferred under this Agreement shall not use consistent with the limits of space, fht transferred shall not at any time be in facilities, and personnel conveniently parties agree is ne:essary for any of the.
excess of quantities that the parties agree available when such facilities are not following purposes: use in reactor are necessary for specified purposes.
experiments or the loading of reactors, the Transfers of sma!I quantities of special commercially available.
efficient and continuous conduct of such nuclear material are not subject to this re> actor experiments or operation of such C. With respect to the subjects of agreed limitation.
reactors, and the accomplishment of other exchange of information as provided in Article ill and subject to the provisions of purposes as may be agreed by the parties.
The new agreement omits the Article 11, equipment and devices may be specific reference to the mutual use of transferred from one Party to the other
- 4. Small quantities of special nuclear research facilities but does leave the
. under such terms and conditions as may be material may be transferred for use as possibility open if both parties agree.
agreed. It is recognized that such transfers samples, standards, detectors, targets and for such other purposes as the parties may This Article replaces allof the will be subject to limitations which may anse from shortages of supplies or other agree. Transfers pursuant to this provisions of Article Vil and most of Arficle circumstances existing at the time.
paragraph shall not be subject to the V//lin the old agreement. Since the quantity limitations in paragraph 3.
mandate of the NRC, in contrast to that of the former Atomic Energy Commission, 5 Special nuclear material other than low does not includa direct sale or provision of enriched uranium and material nuclear materials, the new Arficie does not contemplated under paragraph 4 may, if the contain any of the transaction and supply parties agree, be transferred for specified details set forth in the old agreement.
applications where tect'nically and economically justified.
This Article in the new agreement i
replaces language contained in Arficie VI of vri L____
New Agreement'-
Summary and Comments Oid Agreement the old agreement referring to arrangements for transfers of material for research purposes. The new agreement provides a more detailed description of the activities contemplated.
End of Article IV End of Article 4
- ARTICLE 5-STORAGE AND RETRANSFERS Article 5 requires the parties *-
x
- agreement (1) on faciIrties for the storage of high enriched uranium, transferred pursuant
. plutonium and uranium 233 (except in irradiated fuel elements) or high enriched to this Agreement or used in or produced
. uranium transferred pursuant to the '
through the use of material or equipment su transferred shall only be stored in a facility agreement or used in or produced through the use of material or equipment so to which the parties agree.
transferred; and (2) for the retransfer of any
- 2. Material, equipment and components material, equipment or components so t
transferred pursuant to this Agreement and transferred and special nuclear material any special nuclear material produced produced through the use of material or.
- through the use of any such material or.
equipment so transferred. The agreed '
minute states that the consent rights equipment shall not be transferred to specified in article 5 with respect to special unauthorized persons or, unless the parties.
nuclearmaterialproduced through the use agree, beyond the recipient party's territorial of nuclear material transferred, and not jurisdiction.
usedin orproduced through the use of equipment transferred, shallin practice be.
l applied to that proportion of produced special nuclear material which represents the ratio of transferred material used in its i
production to the total amount of material so j
used.
t i
iX
Old A~reement "
Summary and Comments
' N2w Agre: ment
. Article 5 (contd). The conditions imposed by this Article are required by the Nuclear Non-Prohferation Act of 1978 (AEA 1123a (5) and (8))', The retransfer control provisions replace similarlanguage containcdin Article Vill.H. of the old agrei c ent.'The storage controls are new.
End of Article'5
' ' AEA = A'tomic Energy Act of 1954, as amended ARTICLE V g.
Article V of the old agreement contains a '
The application or use of any information '
liability disclaimer which does not appear in (including design drawings and specifications), and any material, equipment '-
the new agreement.
and devices, exchanged or transferred -
between the Parties under this Agreement
. or the superseded Agreement shall be the responsibility of the Party receiving it, and.
the other Party does not warrant the accuracy or completeness of such,
information and does not warrant the suitabihty of such information, material equipment and devices for any particular use or application.
End of Article V ARTICLE VI See comments on Article 4 of the new A. With respect to the application of atomic -
energy to peaceful uses, it is understood agreement that arrangements may be made.between either Party or authorized persons unGer its jurisdiction and authorized persons under.
x.
Summary and Comment's Old Agreement New Agreement Article VI(contd.). See comments on Article the jurisdiction of the other Party for the 4 of the new agreement.
transfer of equipment and devices and materials other than special nuclear material and for the performance of '
services with respect thereto.
See comments on Article 4 of the new
.B. With respect to the application of atomic --
energy to peaceful uses, it is understood -
agreement.
that arrangements may be made between either Party or authorized persons under its jurisdiction and authorized persons under the jurisdiction of the other Party for the transfer of special nuclear material and for the performance of services with respect thereto for the uses specified in Articles IV and Vil and subject to the relevant provisions of Article Vill and to the provisions of Article IX.
See comments on Article 4 of the new C. The Parties agree that the activities referred to in paragraphs A and B of this.
agreement.
Article shall be subject to the limitations in Article 11 and to the policies of the Parties with regard to transactions involving the authorized persons referred to in paragraphs A and B of this Article.
End of Article VI ARTICLE 6 - REPROCESSING AND ENRICHMENT Article 6 requires the parties'
- 1. Material transferred pursuant to this agreement (1) for the reprocessing of Agreement and material used in or material transferred pursuant to the.
produced through the use of material or xi
Summary and Comments Old Agreement.
New Agreement Article 6 (contd.).-
equipment so transferred shall not be reprocessed unless the parties agree.
. agreement and material used in or.
produced through the use of any material or
uranium and irradiated source or special alteration in form or content, except by irradiation or further irradiation, of nuclear material, transferred pursuant to this Agreement or used in or produced plutonium, uranium 233, high ennched
. uranium or irradiated source or special through the use of material or equipment so transferred, shall not be aftered in form or nuclear material so transferred or produced; content, except by irradiation or further and (3) for the enrichment to 20 percent U-235 or more of uranium so transferred or irradiation, unless the parties agree.
used in any equipment so transferred. The
- 3. Uranium transferred pursuant to this agreed minute states that the consent sights Agreement or used in any equipment so specified in article 6 with respect to special transferred shall not be enriched after.
nuclear material produced through the use transfer to twenty percent or greater in the
' of nuclear material transferred, and not.
Usedin orproduced through the use of isotope 235 unless the parties agree equipment transferred, shallin practice be applied to that proportion of produced
. special nuclear material which represents the ratio of transferred material used in its production to the total amount of material so used.
The conditions imposed by this Article are required by the Nuclear Non-Proliferation Act of 1978 (AEA 1123a (7))
and replace similar language contained in Article Vill.F. of the old agreement.
End of Article 6 Xii
. Summary and Comments
' Old Agreement New Agreement
- ARTICLE 7 - PHYSICAL PROTECTION Arficie 7 requires each party to.
- 1. " Adequate physical protection shall be -
maintained with respect to source or special maintain adequate physicalprotection nuclear material and equipment transferred measures, in accordance with levels of pursuant to this Agreement and special protection set forth in the Annex to the nuclear material used in or produced agreement, with respect to all material and' through the use of material or equipment so equipment subject to the agreement. The measures applied shall, as a minimum, transferred.
provide protection comparable to that set forth in the current version ofIAEA
- 2. The parties agree to the levels for the document INFCIRC/225 concerning the application'of physical protection set forth in the Annex to this Agreement, which may be physical protection of nuclear material as modified by mutual consent of the parties
- agreed to by the parties. The Annex without amending this Agreement. The describes physical security levels applicable wrth respect to the use, storage and parties shall maintain adequate physical
. transport of nuclear materials classified as protection measures in accordance with.
these levels. These measures shall as a categories I (requiring the most stringent minimum provide protection comparable to levels of protection), ll and III. The parties the recommendations set forth in IAEA agree to consult conceming the adequacy Document lNFCIRCl2251Rev. 3 conceming of these physicalsecurity measures and to the physical protection of nuclear material, identify agencies orauthorities responsible or in any revision of that document agreed '
for physical secunty. The provisions of this article shall be implemented in such a way to by the parties.
as to avoid undue interference in the
- 3. The adequacy of physical protection parties' nuclear activities and to be measures maintained pursuant to this consistent with prudent management.
article shall be subject to review and The conditions imposed by this consultations by the parties periodically and whenever either party is of the view that Article are required by the Nuclear Non-Pit"eration Act of 1978 (AEA 1123a (6)).
revised measures may be required to
. There am no comparabic provisions in the maintain adequate physical prott:ction.
old agreement.
- 4. Each party shallidentify those agencies or authorities having responsibility for ensuring that levels of physical protection are adequately m;t end having xiii
Summary and Comments Old Agreement New Agreement
- Article 7 (contdl). The conditions responsibility for coordinating response and recovery operations in the event of
' imposed by this Article are required by the
. unauthorized use or handlung of material-Nuclear Non-Proliferation Act of 1978 (AEA subject to this article. Each party shall also 1123a (6)). There are no comparable
' designate points of contact within its.
provisions in the old agreement.
national authorities to cooperate on matters of out-of-country transportation and other matters of mutual concern.
- 5. The provisions of this article shall be implemented in such a manner as to avoid undue interference in the parties' nuclear activities and so as to be consistent with prudent management practices required for the economic and safe conduct of their nuclear programs.
End of Article 7 ARTICLE 8 - NO EXPLOSIVE OR -
CILITARY APPLICATION Article 8 contains a guarantee by
- 1. Cooperation undes this Agreement shall.
be based upon the following obligations:
each party that no material, equipment or components subject to the agreement wtII be used for any nuclear explosive device, (A) For Brazil, not to detonate a nuclear forresearch on ordevelopment of any
' explosive device, and nuclear explosiva device, or for any military (B) For the United States, not to detonate a purpose. it also provides that cooperation under the agreement will be based or an nuclear explosive device using material, equipment or components subject to this obligation by Brazilnot to detonate a nuclear explosive device, and on an Agreement, obligation by the United States not to detonate a nuclear explosive device using
- 2. Material, equipment and components transferred pursuant to this Agreement and any item subject to the agreement.
material used in or produced through the XiV
' New A reement Summary and Comments Oid Agreement
- Article 8 (contd.).
use of any materia!, equipment or components so transferred shall not be.
The conditions imposed by this-
- used for any nuclear explosive device, for research on or development of any nuclear Article are required by the Nuclear Non-Proliferation Act of 1978 (AEA 1123a (3)).
explosive device, or for any military '
and replace similar language contained in purpose.
' Article X.B.1 of the old agreement.
End of Article 8 ARTICLE VII See comments on Arficie 4 of the new A During the period of this Agreement, and as set forth below, the Commission wi!!
agreement.
supply to the Govemment of the Federative
~ Republic of Brazil or, pursuant to Article VI, to authonzed persons under its jurisdiction, under such terms and conditions as may be agreed, all of the requirements of the Federative Republic of Brazil for uranium ennched in the isotope U-235 for use as fuel in the power reactor program desenbed in the Appendix to this Agreement.which Appendix, subject to the quant:ty-limitation
. established in Article IX, may be amended '
from time to time by mutual consent of the Partes without modsfication of this Agreement.
See comments on Article 4 of the new (1) The Commission will supply such uranium enriched in the isotope U-235 by. -
agreement.
providing, to the same extent as for United States licensees, for the production or enrichment, or both, of uranium enriched in the isotope U-235 for the account of the Government of the Federative Republic of '
Brazil or such authonzed persons. (Upon.
xV
Summ ry rnd Comments Old Agreement Nsw Agreement Article Vil (co7td ). See comments on timely advice that any natural uranium required with respect to any particular Arficle 4 of the new agreement.
delivery of ennched uranium under such service arrangements is not reasonably available to the Govemment of the Federative Republic of Brazil or any such authonzed persons, the Commission will be prepared to furnish the requrred natural uranium on terms and conditions to be agreed )
See comments on Arficie 4 of the new (2) Notwithstanding the provisions of paragraph A (1) of this Art:cle, if the agreement.
Government of the Federative Repub!ic of Brazil or such authorized persons so request. the Commission; at its election, may sell the uranium ennched in the isotope U-235 under such ternis and conditions as may be agreed See comments on Article 4 of the nety B As may be agreed, the Commisston will transfer to the Government of the agreement.
Federative Repub! c of Brazil or to authorized persons under its jurisdiction uranium enriched in the isotope U-235 for use as fuel in defined research applications.
including research, matenals testrng, and experimental reactors and reactor experiments The terms and conditions of each transfer shall be agreed upon in advance, it being understood that, in the event of transfer of title to uranium enriched in the isotope U-235 the Commission shall have the option of limiting the arrangements to undertakings such as those described in paragraph A (1) of this Article.
xvi s
Summary cod Comments
-Old Agreement 3
. N:w Agreemsnt
~
' Article Vil(continued). See comments on.
'C. As may be agreed. th'e Commission will l
transfer to the Government of the Arficie 4 of the new agreement.
' Federative Republic of Brazil, or to l
authorized persons under the jurisdiction of the Government of the Federative Republic,
.l of Brazil, plutonium for use as fuel in.
j
. terms and conditions of each transfer will be..
l reactors and reactor experiments. The l
agreed upon in advance.
j t
See comments on Article 4 of the new D. It is understood that the Commission l
agreement.
may transfer to a person or persons under f
the jurisdiction of the Government of the United States of America such of its -
I responsibilities under this Agreement with -
'(
respect to the supply of special nuclear.'
material, including the provision of :
l enrichment services, as the Commission -
'f deems desirable.
)
End of Article Vil
.[
i ARTICLE Vill l
See comments on Article 4 of the new '
A With respect ic transfers by the Commission of uranium enriched in tne agreement.
isotope U-235 provided for in Article VI; j
paragraph B and Article 11, it is understood '
that:
4 See comments on Article 4 of the new (1) Contracts specifying quantities.
j enrichments, delivery schedules, and other agreement.
terms and conditions of. supply or seivice f
. will be executed on a timely basis between l
the Commission and the Government of the Federative Republic of Brazit or persons ~
xvii t
. =
Old Agreement Summrry and Comments N:w Agreem:nt Arficie Vlli (contd ). See comments on authorized by st, and
- i Article 4 of the new agreement.
(2) Prices for uranium ennched in the isotope U-235 soid or charges for enrichment services performed will be those in effect for users in the United States of America at the time of dehvery The advance notice required for delivery wtli be that in effect for users in the United States of America at the time of giving such notice.
The Commission may agree to supply uranium enriched in the isotope U-235 or perform ennchment services upon shorter notice, subject to assessment of such surcharge to the usual base price or charge as the Commission may consider reasonable to cover abnormal costs incurred by the Commission by reason of such shorter notice.
B. Should the total quantity of uranium See comments on Article 4 of the new enriched in the isotope U-235 which the agreement.
Commission has ag<eed to provide pursuant to this Agt eement and other Agreements for Cooperation reach the maximum quantity of uranium enriched in the isotope U-235 which the Commission has available for such purposes, and should contracts covering the adjusted net quantity specified in Article IX not have been executed, the Commission may request, upon appropriate notice, that the Government of the Federative Republic of Brazil or persons authorized by it execute contracts for all or any part of such uranium enoched in the isotope U-235 as is not then under contract it is understood that, should x vtil
Summ:ry cnd Comments Old Agrcement N:;w Agreemsnt Article VIII(con!d) See comments on contracts not be executed in accordance Article 4 of the new agreement ----- >
with a request by the Commission hereunder, the Commission shall be relieved of all ob!tgations with respect to the uranium enric* ed in the isotope U-235 for which contraGs have been so requested See comments on Afficie 4 of the new C The enriched uranium supphed hereunder may contain up to twenty percent agreement.
(20%)in the isotope U-235 A portion of the uranium enriched in the isotope U-235 supplied hereunder may be made available as material containing more than twenty nercent (201) in the isotope U-235 when the Commission finds there is a technical or economic justification for such a transfer.
See comments on Article 4 of the new D. It is understood. unless otherwise agreed, that, in order to assure the agreement.
availability of the entire quantity of uranium enriched in the isotope U-235 allocated hereunder for a particular reactor oroject described in the Appendix. it vn!! be necessary for the construction of the project to be initiated in accordance with the schedule set forth in the Appendix and for the Government of the Federative Repubhc of Brazil or persons authorized by it to execute a contract for that quantity M time to allow the Commission to provide the material for the first fuel loading it is also understood that, if the Government of the Federative Repubhc of Brazil or persons authorized by it desire to contract for less than the entire quantity of uranium enriched in the isotope U-235 allocated for a particular project or terminate the supply XIX
Summary and Comments -
O!d Agratment New Agreement Article Vill (contd). See comments on contract atter execution. the remaining
~
quantity allocated for that project shall Article 4 of the new agreement.
cease to be availab!e and the maxrmum adjusted net quantity of U-235 provided for in Article IX shall be reduced accord:ngfy, unless otherwise agreed See comments on Article 4 of the new E. Within the hmitations contained in Article IX, the quantity of uranium enriched in the agreement.
isotope U-235 transferred under Article VI.
paragraph B or Article Vll and under the jurisdiction of the Government of the Federatwe Republic of Brazil for the fueling of reactors or reactor expenments shall not at any time be in excess of the quant ty necessary for the loading of 24tch reactors or reactor experiments, plus such additional quantity as_ in the opcon of lhe Parties. is necessary for the efficzent and continuous operation cf such reactors or reactor experiments.
See comments on Article 4 of the new F. When any special nuclear matenat received from the United States of Amenca agreement pursuant to this Agreement or the superseded Agreeme it requires reprocessing or any irradiated fuel elements containing fuel matenal recerved from the United States of America pursuant to this Agreement or the superseded Agreement are to be removed from a reactor and are to be aftered in form or centent, such reprocessing or alteration may be performed in Brazihan facihties upon a joint determination of the Partres that the provisions of Article XI may be xx
Summary and Comm:nts Old Agreement Nzw Agrcement Article Vill (contd.).
etfectively appled, or in other facshttes as may be mutuaily agreed See comments on Article 4 of the new G. Special nuclear matenal produced as a result of irradiation processes in any part of agreement, the fuel that may be leased by the Commission under this Agreement or the superseded Agreement shat: be for the 1
account of the lessee and, after reprocessing as provided in paragraph F of this Article title to such produced material j shall be in the lessee unless the Commission and the lessee otherwise agree.
s Replaced by ArticM S of the new H No special nuclear matenal produced through the use of material transferred to agreement --->
the Govemment of the Federative Republic of Brazil or to authonzed persons under !!s jurisdiction, pursuant to this Agreement or the superseded Agreement, will be transferred to the junsdiction of any other nation or group of nations, r cept as the Commission may agree to such a transfer.
See comments on Article 4 of the new
- l. Some atomic energy materials whnch may be provided in accordance with this agreement -- >
i Agreement. or which have been provided to the Govemment of the Federative Repubhc l
of Brazil under the superseded Agreement.
l are harmful to persons and property unless l
handled and used carefutty After deltvery of l
such matenals the Government of the I
Federative Repubhc of Brazil shall bear all responsibihty, insofar as the Government of the United States of Amenca is concerned, for the safe handhng and use of such X At l
Summrry and Comments Old Agreement New Agreem:nt matenals Wath respect to any special Article VIII(contd) See comments on
~
nuclear matenal or fuel elements which the Afficle 4 of the new agreement.
Commission may, pursuant to this Agreement. lease to the Government of the Federative Republic of Brazii or to any authorized person under its junsdiction, or -
may have leased pursuant to the superseded Agreement to the Government of the Federative Republic of Brazil, the Government of the Federative Repubhc of Brazil shall indemnify and save harmless the Government of the United States of America against any and all Itabaty (including third party liability) for any cause
, whatsoever ans;ng out of the production or fabrication, the ownership the lease and the possession and use of such special nuclear material or fuel elements after delivery by the Commission to the Government of the Federative Republic of Brazil or to any such authorized person under its jurisdiction End of Article Vill ARTICLE IX See comments on Article 4 of the new A The ad;usted net quanttty of U-235 un enriched uranium transferred from the agreement.
United States of Ametrca to the Federative Republic of Brazil under Articles IV, VI, and Vil dunng the period of this Agreement for Cooperation or under the:. superseded Agreement, shall not exceed-in the aggregate 12.300 kilograms The following method of computation shall be used in on
....s,
Summrry and Comments Old Agreement New Agrecmsnt calculating transfers, within the ceiling Africle IX (contd).
~
5 quantity of 12.300 kilograms of U-23..
made under the said Articles or the superseded Agreement-See comments on Article 4 of the new (1) The quantity of U-235 contained in enriched uranium transferred under the said agreement.
Articles or the superseded Agreement, minus (2) The quantity of U-235 contained in an equal quantity of urantum of norma!
esotopic assay.
Subtract:.
See comments on Article 4 of the new
- 3) The aggregate of the quantities of U-235 contained in recoverable wantum of bruted agreement States origin either returned to the United states of America or transferred to any other nation or group ~f nations with the approval of the Govemment of the United States of America pursuant to this Agreement or the superseded Agreement, minus See comments on Article 4 of the new (4) The quantity of U-235 contarned in an equal quantity of uranium of normalisotopic agreement --->
assay See commerds on Article 4 of the new B The quantity of plutonium transferred from the United States of America to the agreement.
Federative Republic of Brazil under Articies IV, VI and VII during the period of this Agreement for Cooperation, or under the superseded Agreement, shall not exceed a net amount of twenty (20) ketograms. The net amount of pluto Jm shall be the gross quantity transferred to tine Govemment of X Xlia
+..
Old Agreement Summary and Commenta :
N3w Agreement the Federative Republic of Brazil, or to Article IX (contd.).
. authonzed persons under the jurisdiction of the Govemment of the Federative Republic :
See comments on Afficie 4 of the new
- of Brazil,less the quantity which has been agreernent.
- retumed to the United States of America or 2
. transferred to any other nation or group of.
- nations with the agreement of the.'
Govemment of the United States of America pursuant to this Agreement.
End of Article IX -
ARTICLE X -
ARTICLE 9 - SAFEGUARDS Article 9 requires application of.
A. The Govemment of the Federative :
- 1. Cooperation under this Agreement shall.
/AEA safeguards with respect to all.7uclear activities within the territory of Brazil, under Republic of Brazil guarantees that:
require the application of IAEA safeguards its jurisdiction or carried out under its (I) Safeguards provided in Article XI shall with respect to all nuclear materialin all control anywhere. This article further nuclear activit.es within the territory of requires source or specia/ nuclear material be maintained.
i Brazil, under its jurisdiction or carried out transferred pursuant to the Agreement and under its control anywhere. Implementation
. source or special nuclear material used in of the safeguards agreement between '
orproduced through the use of malerial.
Brazil, the Argentine Republic, the Braziliar equipment or components so transfened to Argentine Agency for Accounting and.
be subject to the two parties' respective Control of Nuclear Materials, and the fAEA, safeguards agreements with the IAEA. This signed at Vtenna December 13,1991, shall article also contains provisions for fall-back [
' be considered to fu;fi!) this requirement.
safeguards. The agreed minute sets forth.
- 2. Source or special nuclear material.
.certain rights each party will have in the event IAEA safeguards are not being transferred to Brazil pursuant to this applied. Article 9 also requires each party to Agreement and any source or special tal<e measures to maintain and facihtate the
' nuclear material used in or produced application of safeguards. This article through the'use of material, equipment or requires each Party to maintain a material components so transferred shall be subject accounting and controlsystem the details to safeguards in accordance with the
- of which shall be comparable to those set safeguards agreement specified in forth in IAEA document INFCIRC/153.
paragraph 1 of this Article.
XXIV.
-=-
o Summary and Comments Old Agreement N;w Agreement Article 9 & Article X(contd )
- 3. Source or special nuclear material l
transferred to the United States pursuant to j
(corrected). Upon the request of ett'rer this Agreement and any source or snecial party, the other par 1y shall report or p umit nuclear material used in or produced the IAEA to report on the status of all through the use of any material, equipment inventories of material subject to the or components so transferred shall be agreement. The article's provisions, finally.
subject to the agreement between the are to be implemented so as to avoid undue United States of America and the IAEA for interference in the parties' nuclear activities the application of safeguards in the United and consistent with prudent management.
States of America, done at Vienna November 18,1977, entered into force
<-- These conditions are required by the December 9.1980.
Nuclear Non-Proliferation Act of 1978 (AEA 1123a (2)) and replace similar tanguage in
& if either party becomes aware of Articles X and Xi of the old agreement.
circumstances which demonstrate that the IAEA for any reason is not or will not be (2) No matenol, including equipmer* and See Article 8 of the new agreement applying safeguards in accordance with the devices, transferred to the Govern nent of agreement as provided for in paragraph 2 the Federattve Repubhc of Brazil or or paragraph 3, to ensure effective authonzed persons under its jurisdiction by continuity of safeguards the parties shall purchase or otherwise pursuant to this immediately enter into arrangements with Agreement or to the superseded the IAEA or between themselves which Agreement
- and no special nuclear matenaf conform with IAEA safeguards principles produced through the use of such matenal.
and procedures and the coverage required equipment or devices, will be used for by paragraph 2 or paragraph 3, and which atomic weapons) or for research on or provide assurance equivalent to that development of atomic weapons, or for any intended to be secured by the system they other mihtary purpose replace.
(3) No material, includ:ng equipment and Replaced by Article 5 of the new devices, transferred to the Govemment of
- 5. Each party shall take such measures as are necessary to maintain and facilitate the agreement the Federattvt. Repubhc of Brazil or to apphcation of saieguards provided for under authonzed persons under its jurisdtctron this Article.
pursuant to this Agreement or the superseded Agreement wJi be transferred 6 Each party shall ensure the maintenance 10 unauthonzed persons or beyond the of a system of accounting for and control of junsdiction of the Govemment of tb source and special nuclear material XWV
=
Summary cnd Comments Old Agreement N:w Agre:m:nt Federattve Repubhc of Brazil except as the.
Article 9 & Article X (contd J transferred pursuant to this Agreement and Commission may agree to such a transfer '
source and special nuclear material used in or produced through the use of any Replaced by Article 5 of the new to the jurisdiction of another nation or group of nat;ons, and then only if, in the opinion of material, equipment or components so agreement.
the-Commission the transfer is within the transferred The procedures for this system scope of an Agreement for Cooperation shall be comparable to those set forth in between the Government of the Un4ted IAEA document INFCIRC/153 (corrected),
States of America and the other nation or or in any revision of that document agreed group of nations to by the parties.
B. The Govemment of the United States of
- 7. Upon the request of either party. the America guarantees that.
other party shall report or permit the IAEA to report to the requesting party on the (1) No matenal including equipment and status of allinventories of material subject See Article 8 of the new agreement devices, transferred to the Govemment of to this Agreement.
the United States of America or authonzed persons under its jurisdiction by purchase or 8 The provisions of this article shall be otherwise pursuant to this Agreement er the implemented in such a manner as to avoid superseded Agreement. and no special undue interference in the parties' nuclear nuclear material produced through the use 7ctivities and so as to be consistent with of such material, including equipment or prudent management oractices required for devices. or an equivaient amount of the economic and safe conduct of their material of the same type as such nuclear programs.
transferred or produced matenal suostituted i
therefor, will be used for atomic weapons.
or for research on or development of atomic weapons, or for any other mihtary purpose Replaced by Arftcle 5 of the new (2) No material, including equipment and devices transferred to the Government of agreement.
the United States of Amenca or to authorized persons under the junsdictron pursuant to this Agreement or the superseded Agreement will be transferred j
to unauthorized persons or beyond the jurisdiction of the Government of the United States of Amenca except as the i
xxvi
i Summrry and Comments Old Agreement N:w Agr::;em::nt Govemment of the Federatve Repubinc of Article 9 & Article X (contd).
- Brazil may agree to such a transfer to the Junsdiction of another nation or group of Replaced by Article 5 of the new nations, and then only if, in the opinion of agreement.
the Govemment of the Federative Republic of Brazil,. the transfer is within the scope of an Agreement for Cooperation between the Govemment of the Federative Republic of Brazil and the other nation or group of natio..s l
End of Article X End of Article 9 ARTICLE XI A The Govemment of the United States of America and the Govemment of the The new agreement makes no d: rect reference to civiluse ofitems supplied Federattve Repubitc of Brazsl emphasize their common snterest in assunng that any under the agreement but it is implied by reference to IAEA safeguards which applies matena!, equipment or devices made available to the Govemment of the only to civdian facdities Federative Republic of Brazil or any authorized person under the junsdiction pursuant to this Agreement or the superseded Agreement sha!! be used solely for civil purposes B. Except to the extent that the safeguards Replaced by Article 9.4 of the new agreement and by the fa!I-back safeguards rights provided for in this Agreement are provisions of the Agreed Minute to the new suspended by virtue of the appiscation of safeguards of the international Atomic agreement.
Energy Agency, as provided in Article Xil, the Govemment of the United States of America, notwithstanding any other provtstons of this Agreement. shall have the following rights-xxvst
Summary:nd Comments Old Agreement New Agrcement (1) With the objectrve of assunng design Article X/ (contr])
and operation for civil purposes and permitting effective app!ication of Refi/acedby Article 9_4 of the new agreement and by the fall-back safeguards safeguards, to review the dessgn of any provisions of the Agreed Minute to the new (a) reactor. and agreement.
l (b) other equipment and devices the design Replaced by Article 9 4 of the new agreement and by the fall-back safeguards of which the Commsssson determines to be relevant to the effectrve application of provisions of the Agreed Minute to the new safeguards, which are to be made available agreement.
under this Agreement or have been made available under the superseded Agreement, to the Government of the Federative Republi; of Brazil or to any authorized person under its Junsdiction by the Government of the United States of America or any person under its junsdiction, or which are to use, fabacate or process any of the fo!!owing matenals so made available. source material spectal nuclear material. moderator matenal, or other material designated by the Commission.
Replaced by Arbcle 9 4. of the new (2) With respect to any source material or special nuclear material made available to agreement and by the fall-back safeguards the Government of the Federative Repubhc provisions of the Agreed Minute to the new of Brazil or to any authonzed person under agreement.
its jurisdiction under this Agreement or the superseded Agreement by the Government of the United States of Amenca or any person under its junsdiction and any source material or special nuclear material utilized in, recovered from, or produced as a result of the use of any of the following matenals, equipment or devices so made ava:lable yxvm
0$d A reement Summary and Ccmments Nzw Agreement (1) With the object #ve of assunng design
? Article XI(contd.).'
and operation for civil purposes and permitting effective application of Replaced by Article 9.4. of the new' agreement and by the fall-back safeguards.
safeguards, to review the design of any provisions of the Agreed Minute to the new agreement.
(a) reactor, and (b) other equipment and devices the design
- Replaced by Article 9.4. of the nuv agreement and by the fa11-back safeguards of which the Commission determines to be
. provisions of the Agreed Minute to the new relevant to the eHectsve application of safeguards, which are to be made available -
agreement.
under this Agreement or have been made available under the superseded Agreement, to the Government of the Federative'.
Republic of Brazil or to any authonzed person under its junsdiction by the Government of the United States of ~
America or any person under its jurisdsction, or which are to use, fabricate, or process any of the following materials so made' available: source material, special nuclear material, moderator material, or other material designated by the Commi. sion; s
" Replaced by Article 9.4. of the new
'(2) With respect to any source material or agreement and by the fall-back safeguards special nuclear material made available to :
provisions of the Agreed Minute to the new the Government of the Federative Repubhc of Brazil or to any authorized person under agreement.
its jurisdiction under this Agreement or the superseded Agreement by the Govemment -
of the United States of America or any person under its jurisdiction and any source material or special nuclear material utthzed in, recovered from, or produced as a result of the use of any of the following materials.-
equipment or devices so made available' xxvm.
Summ$
d Comments Old Agreement Nsw Agreement (a) source material. specia! nuclear Article XI(c, _ i).
material, moderator matenal, or other Replaced by Article 9 4. of the new --
material designated by the Commission, agreement and by the fall-back safeguards provisions of the Agreed Minute to the new (b) reactors, and agreement.
(c) any other equipment or devices Replaced by Article 9 4. of the new agreement and by the fall-back safeguards designated by the Commission as an item to be made avaliable on the condition that provisions of the Agreed Minute to the new the provisions of this paragraph 8 (2) will agreement.
apply. (1) to require the maintenance and production of operating records and to request and receive reports for the purpose of assisting in ensunng accountabihty for such materials, and (ii) to require that any such matenal in the Replaced by Arhcle 9.4 of the new -
custody of the Government of the agreement and by the fall-back safeguards Federative Republic of Brazul or any person provisions of the Agreed Minute to the new under its jurisdiction be subject to att of the agreement.
safeguards piovided for in this Article and -
the guarantees set forth in Article X.
Replaced by Article 9.4 of the new (3) To approve facittties which are to be used for the storage of any of the specia!
agreement and by the fall-back safeguards nuclear material referred to in paragraph (2) provisions of the Agreed Minute to the new of this Article which is not required for agreement.
atomic energy programs in the Federative Repubhc of Brazil and which is not Replaced tn Article 9 4 of the new -
transferred beyond the jurisdiction of the agreement and by the fall-back safeguards Govemment of the Federative Repubhc of provisions of the Agreed Minute to the new Brazil or otherwise disposed of pursuant to agreement.
an arrangement mutually acceptabte to the Partres-X h iX
Summary and Comments Old Agreement N;w Agreem:nt (4) To designate, after consultation with the Article XI(contd).
Govemment of the Federative Republic of Brazil, personnel who accompanied, if Replaced by Article 9 4. of the new agreement and by the fall-back safegaards either Party so requests, by personnel provisions of the Agreed Minute to the new designated by the Govemment of the Federatrve Republic of Brazil, shat! have agreement.
access in the Federative Republic of Brazil to all places and data necessary to account for the source material aad special nuclear material which are subject to paragraph B (2) of this Article to determine whether there is compliance with this Agreement-and to make such independent measurements as may be deemed necessary, (5) in the event of non-compliance with the -
Replaced by Article 9.4. of the new agreement and by the fall-back safeguards provisions of this Article or the guarantees provisions of the Agreed Minute to the new set forth in Artscle X and the farture of the Government of the Federative Republic of agreement.
Brazil to carry out the provisions of this Article within a reasonable time, to suspend or terminate this Agreement and to require the return of any materials. equipment and devices referred to in paragraph B (2) of this Article; (6) To consult with the Govemment of the Omittedin the new agreement.
Federative Republic of Brazil in the matter of health and safety.
Replaced by Article 9 4 of the new ---->
C. The Government of the Federatuve agreement and by the fall-back safeguards Republic of Brazil undertakes to facihtate provisions of the Agreed Minute to the new the appiscation of safeguards provided for in this Article.
agreement.
XXX
Did A reement-3-
Summary and Ccmment2 New Agreement D. The Govemment of the United states of Article XI(contd.).
America shall direct persons designated by.'
t
. it under the provisions of paragraph B (4) of Replaced by Article 9A of the new agreement and by the fall-back safeguards this Article not to reveal to persons other than those authorized wsthin the
. provisions of the Agreed Minute to the new.
- Govemment of the United States of agreemen!..
America to receive such information on grounds of their official obligations in connection with safeguards, any industrial secret or confidential information which comes to their knowledge as a consequence of their official obligations established in the above-mentioned '
. paragraph.
End of Article XI ARTICLE 10 - MULTIPLE SUPPLIER CONTROLS l
<-- Article 10 provides that if an If any agreement between either party and another nation or group of nations provides agreernent between either party and such other nation or group of nations rights
. another nation or group of nations provides such other nation or group of nations rights equivalent to any or all of those set forth equivalent to any or all those set forth under j
under Article 5'or 6 with respect to material, articles 5 or 6 with respect to material,
(
equipment or components subject to this Agreement, the parties may, upon request equipment or components subject to the
- i of either of them, agree that the agreement, the parties may, upon the request of either, agree that implementation implementation of any such rights will be
- of such rights will be accomplished by the accomplished by such other nation or group _
Other nation or group of nations.
of nations.
i This Article refers to two conditions required by the Nuclear Non-Proliferation Act of 1978, one on storage and l
retransfers, (AEA 11233 (7)), and the.
XXXi' k
Old Agreement Summary and Comments New Agreement Article 10 (contd ).
- i
?
. Other on reprocessing and ennchment.
(AEA 11233 I8)) It combines and rephrases similarlanguage contained un Artcle VIII 2 H and Artcie X A (3) of the old
=
agreement.
End of Article 10 ARTICLE XII A The Govemment of the United States of See commerrfs on Artcle 4 of the new America and the Govemment of the agreement Federative Repubhc of Brazt! note that. by This Artcle makes parbcular reference to an agreement s9ned by them and t*Te intemabonal Atom c Energy Agency on he INFCIRC/66lype of safeguards March 10.1967 the Agency has been agreement existing at that time applying safeguards to matenais, equipment and facities transferred to the jurisdiction of the Govemment of the Federatrve Republic of Braal under the superseded Agreement The Parties, recogniang the destrab&ty of contrnu:ng to make use of the facMies and services of the intematronal Atome Energy Agency.
agree thf N Agency safeguards st.all continue to apply to matenais, egwpment and fac:htres transferred under the superseded Agreement or to be transferred under thrs Agreement B lt ts contemplated that the contnnued This Article contains staradard -- >
language on the suspension of U S apphcatron of Agency safeguards pursuant to thss Prtede w1il be accomphshed as safeguards nghis while IAEA safeguards provrded in the above-mentroned trilaterat are in force Similar language is contained mu
Summary and Comments Old Agreement New Agreement agreemert among the Parties and the Article X// (contd )
Agency, as it may be amended from trme to in the safeguards agreement between tsme o supplanted by a new tn%teral Brazil. Argentina. the Brazilian-Argentine agreement It is understood that. w:thout Agency for Accounting and Controlof modification of thus Agreement. the Nuclear Matenals. and the IAEA (a k a the safeguards oghts accorded to the Govemment of the United States of
~Ouadripariste Agreement") referred to en Amenca by Article XI of th:s Agreement wel Arbcle 9.1 of the itw agreement _
be suspended dunng the time and to the extent that the Government of the United States of Amertca agrees that the need to exercise such rights is satrsfied by a safeguards agreement as contemplated in this paragraph C. In the event the appbcab4 safeguards Replaced by Article 11 of the new agreement, fcessation of cooperahort) agreement referred to in paragraph B of this Artscfe should be termunated poor to the The new agreement specdies additional grounds that could form the basis for exptratton of thus Agreement and the Parties cessation of cooperation should fail to agree withtn three months upon a resumption of Agency safeguards.
either Party may. by nottftcation, terminate this Agreement Before either Party takes steps to termtnate th:s Agreement the Parties will carefu!!y consder the economic effects of such termination Nerther Party wtil invoke its termination nghts until the other Party has been given sufficient advance notice to permit arrangenents by the Govemment of the Federatrve Repubbc of Brazil. if it ts the other Party. for an a!!ematrve source of power and to permrt adjustment by the Govemment of the United States of Amenca. if it ts the other Party. of production schedules In the event of such termination by ether Pa'ty. the Government of the Federative Repubhc of mm
Old Agreement Summary and Comments New Agreement Brazd shait. at the request of the
%ticle X// (contd J.
Govemment of the United states of Amenca, retum to the Govemment of the Replaced by Article 11 of the new Unsted States of Amenca an specna! nuclear agreement. (cessation of cooperation) matenal received pursuant to this Agreement or the superseded Agreement and stillin its possessbn or in the possession of persons under its jurisdict:on The Govemment of the Uruted States of Amenca wit uongasate the Govemment of the Federative Republic of Brazd or the persons under its junsdiction for their interest in such matenal so retumed at the Commission's schedufe of poces then en effect in the United States -! Amenca End of Article XII ARTICLE 11 - CESSATION OF COOPERATION Article 11 accords each party the
- 1. If either party at any time following entry right to cease cooperation suspend or into force of this Agreement:
terminate the agreement. and requrre the retum of any material. equipment or (A) does not compfy wsth the provtsions of components transferred under the Article S. G. 7, 8. or 9, or agreement and any specsal nuclear material produced through their use of the other party (B) terminates, abrogates or materially does not comply mth article 5. 6. 7. 8. or 9.
violates a safeguards agreement with the or terminates, abrogates or materially IAEA. the other party shall have the rights violates a safeguards agreement mth the to cease futther cooperation under this IAEA. In the event a return ss required by Agreement, suspend thus Agreement, or one party. the other party shall be terminate this Agreement and to require the termbursed for fair marAet value retum of any materiat, equipment and components transferred under this w o nt L __
Summary and Comments Old Agreement New Agreement l
Article 7 7 (contd )
Agreement and any special nuclear matenaf produced through their use.
- 2. If either party exercises its rgh's under this Article to require the retum of any material, equipment or components, it shatl, after removal from the temtory of the other party, reimburse the other party for the fair market value of such matenal, equipment or components.
End of Article 11 ARTICLE XIll The rights and obhgations of the Parties ARTICLE 12 -TERMINATION OF Artrcle 12 provides for termination of provided for under this Agreement shall PREVIOUS AGREEMENT th-- previous agreernent and application of extend, to the extent apphcable, to
- 1. The Previous Agmement shaft terminate the provisions of the new agreement to cooperatrve acinntes initiated under the materia / and equrpment subject to the superseded Agreement. including. but not on the date this Agreement enters into limited to. information, matenal. equipment previous agreement force.
and devices transferred thereunder Article 72.2 of the new agreement
- 2. Cooperation initiated under the Previous replaces similar provisions in Arbcle XIII of End of Article X111 Agreement shall continue in accordance with the provisions of this Agreement. The the c/d agreement.
provisions of this Agreement shall apply to ARTICLE XIV material and equipment subject to the Previous Agreement.
The Agreement for Cooperation Between i
the Government of the United States of America and the Government of the United Article 12. 7. of the new agreement replaces Article XIV of the old agreement States of Brant Concerrc:g Cuvis UseV Atomic Energy sgned on Jufy 8.1965. rs superseded by this Ag eement on the date this Agreement enters into force End of Article XIV End of Article 12 xxxv
. = - -
Summary and Comments Old Agreement New A3,reement
~
ARTICLE 13 - CONSULTATIONS AND ENVIRONMENTAL PROTECTION Article 13 provides for consultatsons 1 The parties undertake to consult at the request of esther party regardsng the at the request of cather party regardmg the implementation of this Agreement and the implementatson of the agreement and the develop'nent of further cooperation in the development of further cooperation in the fseld of peaceful uses of nuclear energy.
peaceful uses of nuclear energy it also provides that the partes shall consult on the
- 2. The parties shall consult. wsth regard to envsronmentalimplications of activitres activities under this Agreement, to identify under the agreement. and cooperate in the international environmental implications protecting the intematronal environment from radioactive, chemical or therinal arising from such activities and shall cooperate in protecttng the international contaminatron ansing from such actrvitres environment from radioactive, chemical or and in related matters of health and safety.
thermal contamination arising from peaceful nuclear activities under this Agreement and This is a new provtsion in related matters of health and safety.
End of Artrcle 13 ARTICLE 14 - ENTRY INTO FORCE, ARTICLE XV DURATION, AND AMENDMENT This Agreement shat! enter mto force on the Article f 4 estabhshes a 30 year
- 1. This Agreement shall enter into force on the date on which the parties exchange term for the agreement. nhich may be date on whrcS each Govemment shall have extended by agreement of the parties in received from the other Govemment wntien diplomatic notes informing each other that notification that it has comphed with ail accordance with their apphcable they han completed all applicable requirements for its entry into force, and requirements in the event of termination or statutory and constitutional requirefrents for shall remain in force for a period of thttty E rpiration of the agreement, arficles 5. 6. 7, entry into force of such Agreement (30) years This term may be extended for F. 9 and 17 sha!I continue in effect so long such additsonal periods as may be agreed es items subject to the agreement remain in between the partses in accordance with thest the temtory, under thejunsdiction or under the controlof the party concerned, or untd apphcable requirements i
the parties agree ! hat such otems are no longer usable for any nuclear activity x = n vi
Summary and Comments Old Agreement New Agreement Article 14 (contd).
- 2. Notwithstanding the suspension.
' termination or expiration of this Agreement
. relevant from the point of view of or any cooperation hereunder for any reason. Articles 5,6,7,8. 9 and 11 shall safeguards. This article also provides for continue in effect so long as any material, consultations on amendment or equipment or components subject to these replacement of the agreement.
Articles remains in the territory of the party Article 141. of the new agreement concemed or under its jurisdiction or control anywhere, or until such time as the parties replaces Article XV of the old agreement.
agree that such material, equipment or The otherprovisions of this Article components are no longer usable for any nuclear activity relevant from the point of expand and specify the conditions for fall-back safeguards in case of suspension, view of safeguards.
termination, or expiration of the new 3 At the request of either party, the parties agreement.
shall consult on whether to amend this Agreement or to replace it with a new i
agreement End of Article XV End of Article 14 l
APPENDIX BRAZILIAN ENRICHED URANIUM This appendne to the old agreement was added to clarif the uranium supply POWER REACTOR PROGRAM f
needs of Brazil REACTOR: Angra 1. 626 MWe, PWR START OF CONSTRUCTION 1972 CRITICALITY DATE: 1976 TOTAL KGS U-235 REQUIRED 11,800 End of Appendix xxxvn
\\
Summary and Comments Old Agreement New Agreement ANNEX
~
This Annex was added to the new Pursuant to paragraph 2 of Article 7, the
\\
agreed levels of physical protection to be agreement to clanfy the provisions of the ensured by the competent national new Artiae 2, (physicalprotection), as authorities in the use, storage and required by the Nuclear Non-Proliferation transportation of the materials listed in the Act of 1978.
attached table shall as a minirnum include protection characteristics as below:
)
Category til Use and storage within an area to which access is controIIed.
Transportation under special precautions including prior arrangements among sender recipient and carrier, and prior agreement between entities subject to the jurisdiction and regulation of suppiter and j
recipient states, respectively, in case of international transport specifying time, place and procedures for transferring transport responsibihty.
Crtegory 11 j
Use and storage within a protected area to which access is controlled i e., an area l
undes constant surveillance by guards or electronic devices, surrounded by a J
physical barrier with a limited number of i
points of entry under appropriate control or any area with an equivalent level of physical protection.
Transportation under special precautions including poor arrangements among sender, recipient and carrier, and poor 4
XX XVill
'~-
Summary arniCormnemo Old Agreement
' New Agreement -
Annex (contd.). This Annex was agreement between entstes sub3ect to the added to the new agreement to clarify the jurisdiction and regulation of suppier and provisions of the new Article 7, (physical recipient states, respechvely, kn case of intemational transport, specnfying time, protechon), as required by the Nuclear Non-Prohferation Act of 1978.
place and procedures for transferring transport responsibildy.
Category i Material in this category shall be protected with highly reliable systems against unauthorized use as follows-
- Use and storage within a highly protected area, i.e. a protected area as defined for category 11 above, to which, in addition, access is restricted to persons _whose
. trustworthiness has been determined, and which is under surveillance by guards who are in close communication with appropriate response forces. Specific measures taken in this context should have as their objective the detection and prevention of any assault, unauthcrized access or unauthorized removalof material.
Transportation under special precautions as identifed above for transportation of.
categories 11 and lit materials and, in addition, under constant surveillance by escorts and under conddions which assure close communication with appropriate response forces.
End of Annex XXRiX
O Summary and Comments Old Agreement New Agreement AGREED MINUTE The old agreement does not contain During the negotiation of the Agreement for Cooperation between the United States of this language. The purpose of this text is to America and Brazil Conceming Peaceful clanfy, summarize, and emphasize some of Uses of Nuclear Energy (~ Agreement")
the basic provisions of the new agreement.
signed today, the following understandings, which shall be an integral part of the Agreement, were reached.
Coverage of Agreement For the purposes of implementing the rights specified in Articles 5 and 6 with respect to special nuclear material produced through the use of nuclear materia; 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 nuclear matenci produced which represents the ratio of 2ransferred material used in the production of the special nuclear material to the total amount of material so used, and similarly for subsequent generations.
Safeguarc's if either party becomes aware of circumstances referred to in paragraph 4 of Article 9, either party shall have the rights listed below, which rights shall be suspended if both parties agree that the need to exercise such rights is being satisfied by the application of IAEA safeguards under arrangements pursuant to x1
New Agreement Summary and Comments Old Agreement Agreed Minute (cocid) The old paragraph 4 of Artscle 9.
agreement does not contain this language.
(1) To review in a timely fashion the design The purpose of this text is to danfy.
of any equipment transferred pursuant to summanze, and emphasize some of the
- the Agreement, or of any facility which is to basic provisions of the new agreement-use, fabricate, process, or store any material so transferred or any special nuclear material used in or produced through the use of such material or equipment; i
(2) To require the maintenance and production of records and of relevant 4
reports for the purpose of assistmg in ensuring accountability for material transferred pursuant to the Agreement and any source matenal or special nuclear material used in or produced through the use of any matenal, equipment or j
components so transferred and (3) To designate personnel,in consultation with the other party, who shall have access l'
to all places and data necessary to account for the matenal in paragraph 2, to inspect any equipment or facihty referred to in paragraph 1, and to insta!! any devices and l
make such independent measurements as may be deeined necessary to account for 1
such ma. rial. Such personnel shall. if u
l et2her oarty so requests, be accompanted by personnel designated by the other party.
End of Agreed Minute TotalWord Count-516d TotalWord Count: 3697 i
i yh 4
U;lted St:tes Department cf State Cure:u cf Political Military Aff:Jn waMwton, D.C. 20520-681i May 22, 199-Mr. Carlton Stoicot Director, Office of International Programs U.S. Nuclear Regulatory Commission MA;L STOP - 15H7 Washington, D.C.
20555 Oear Carl, On March 31, 1997, I criefed the Commissien and its stafi en the As I draft U.S.-Brazil peaceful nuclear cooperation agrocment.
indicated at that time, the Executive Branch agencier favored the forwarding cf the agree.~,ent to the Presicent for his approval and to the Congress for its review.
This position was based en the major steps which the Government of Brazil has taken to estab;is..
its own commitment to nonprolifera,1on and to support variour internaticnal regimes to prevent the spread of weapons of mass destructien.
At that time some concern was expressed about certain actions of the Government of Brazil (GOB) and its officials, in particular the conclusion in 1996 of h Memorandum of Understanding between the Brazilian National Nuclear Energy Commission and the Ind:an Atomic Energy Commission in the field of peaceful uses of nuclear The Brazilian Secretary for Strategic Affairs, Ronaldo energy.
hac assured us that Brazilian cooperation with India Sardenberg, would not involve the transfer of enrichment and reprocesstng and would De fully consistent with Brazil's obligations as a member of the Nuclear Suppliers Group (NSG).
On the basis of this assurance as well as Brazil's oterall aonproliferatior credentials, the Executive Branch recommended approval of the U.S.-Brazil peaceful nuclear cooperation agreement.
Mr. Sardenberg subsequently offered to send a team of experts to Washington tc brief us on the Memorandum of Understanding which Brazil's Nuclear Energy Commission had entered into with its counterpart in India.
Representatives of the Department of the Arms Control and Disacmament Agency, the Department of
- State, Energy, and the Nuclear Energy Commission met with a Brazilian delegation On May 10 to discuss Bra:il's nuclear ccoperation with India, and in particular how that ecoperation would remport w;th tne Nuclear Suppliers Group Guidelines.
The U.S. side discussed Attachnent 5 ra:rt Assi-n- %
W?0 %
key aspects of the SSG guidelines, especially those relating to the centrol of nuclear and dual-use technology anc explained how the United States implements its NSG obligations through its laws The Brazilian celegation explained One steps and regulations.
the NSG which the Government of Brazil has taken to implement (A nonpaper wnich the Brazilian delegation passed to guideltnes.
us is attached.)
inter alia, the The representatives of the GOB providec, following:
Tne GOB has estaolished an export control law as well as an to control all items implementing decree and executive act and re'.ated technology specified in INTIRC/254/Rev.2/? art /1 snd IMFCIRC/254/Rev 0/Part 2/ Mod.1; to these contrels may only be aporoved All exports subject tnrough an interagency censultative process similar to but not as alabcrate as that in the United States.
The GOB centrols all visitors te Brazilian installations te All prevent the transfer of controlled nuclear technology.
visits abroad by GOB cfficials, including the military, must be approved at the n.in;sterial level.
The MOU with India was entered snto prior to the of the decree and the executive act to establishment control law and prior to implement the new Brazilian exportThe 303 has carefully reviewed 3rrr.il's joining the NSG.
the NSG guidelines and has decided not to the MOU against the provisions cf the MOU with India dealing with implement thorium and reactor components, since ccoperation in these Other areas fields would be contrary to the NSG guidelines.
such as safety and radiation protection will be evaluated on a case-by-case basis.
Based on tn'ese explanations, we believe Brazilian authorities now fully appreciate the requirements of the NSG guidelines, particularly as they relate to the transfer of nuclear technology including personnel visits and transfers of " intangible technology".
The Executive Branch wants to move ferward with the peace;ul The National Security Ocuncil is nuclear coeperation agreement.
the agreement be forwardec to the President as soon anxiour that it will be ready for signature during his as pessible se that to Latin America in tne fall.
ACDA is in the final stages Statement.
I hope visit of ccepleting the Nonpreliferation Assessmentof the above explanations that in light iofri 466i-?2-AN
~
~
Nuclear Regulatory Comm ssion wi'.1 provide its views to the President as expeditiously as possible.
Sincerely, h'
Tred X Goldrick Principal Deputy Director Offi:e of IJuelear Er.ergy Affairs
Enclosure:
Senpaper
- c
- ei u s t-II-i m o& PO's
In order to clarify doubts about the nuclear cooperation between Brazil and India, the Brazilian govemment informs the following:
- 1. On January 27,1996, the Brazilian National Nuclear Energy Commission and the Indian Atomic Energy Commission signed a Memorandum of Understanding aiming at the implementation of several activities in the field of peaceful uses of nuclear energy.
- 2. Besides the MOU, an additional Protocol which establishes areas ofinterest for cooperation was signed on June 19,1996,
- 3. Both the MOU and the Protocol signed by both institutions emphasize the exclusively peaceful character of the bilateral collaboration activities and establish that such activities are to be implemented in conformity with the intemal legislations of Brazil and India.
- 4. ARerwards, on April 12,1996, Decree n' 1861 was signed. It regulates Law n' 9112 on export of sensitive goods and services directly related. This Decree reilects the Guidelines established by the Nuclear Suppliers' Group - NSO (INFCIRC/254/Rev.2/Part I and INFCIRC/254/Rev.2/Part 2/ Mod.1). Additionally, Executive Act n' 61 signed by the Secretary for Strategic Affairs, of the same date, incorporates the items listed by the NSG in the aforementioned documents.
- 5. Law n' 9112/96 establishes Mministrative and penal sanctions for individuals and companies which violate it.
- 6. The MOU contains areas which are neither controlled by the regulations established by the Brarillan legislation on export controls of nuclear related sensitive goods, nor by the NSG Guidelines.
- 7. However, some items included in the MOU might be subject to the controls foreseen in the Brazilian legislation and in the NSG guidelirns. A careful exam of
' hose regulations reveals that such items would relate to research and development of the thorium cycle and the exchange of equipment and services for nuclear power generation.
- 8. In this respect, it should be noted that cooperation in the 6 elds which are subje to controls will be implemented in strict conformity with the Brazilian legislation on expon of sensitive goods and the NSG Guidelines. This means that only those 53'50 Y somt ue:-rr-w
w., w.
ac;ivities which do not contradict the aforementioned 13razilian legislation or the NSO Guidelines will be implemented.
- 9. It is also important to stress that the activities foreseen in the MOU and in the additional Protocol do not involve implicitly or explicitly any collaboration in the field ofisotopic enrichment or reprocessing of nuclear fuel. Accordmg to its own decision, the Brazilian government will not implement any joint activity with India cither in the field ofisotopic enrichment or in reprocessing.
- 10. Finally, the Brazilian government reafftnns the guarantees which were already given as to the exclusively peaceful character of the cooperation between Brazil and India in the field of nuclear energy. The institutions and persons potentially invohed in this cooperation have received instnictions to act in total accordance with the terms of the Brazilian legislation and with the intemational commitments undertaker.
by the Brazilian government in the field of non proliferation.
v ; +r '
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UNITED ST ATEs NUCLEAR RECULATORY COMMISSION o
I WASHINGTON, D. C. 20699
....+/
CHAIRMAN l
1 The President The White House Washington, DC 20500 Dear Mr. Presidentt In accordance with the provisions of Section 123 of the Atomic Energy Act, as amended, the Nuclear Regulatory Commission has reviewed the proposed Agreement for Cooperation with Brazil and supporting draft documents.
It is the view of the Commission that the proposed Agreement includes all of the provisions required by Section 123 of the Atomic Energy Act.,as amended. The Commission therefore recommends that you make the requisite statutory determination, approve the Agreement, and authorize its execution.
Sincerely, Shirley Ann Jackson i
. -