AGREEMENTBETWEENTHE GOVERNMENT OF JAPANAND
THE GOVERNMENT OF THE REPUBLIC OF TURKEY
FOR CO-OPERATION IN THE USE OF NUCLEAR ENERGYFOR PEACEFUL PURPOSES

AGREEMENTBETWEENTHE GOVERNMENT OF JAPANAND
THE GOVERNMENT OF THE REPUBLIC OF TURKEY
FOR CO-OPERATION IN THE USE OF NUCLEAR ENERGYFOR PEACEFUL PURPOSESThe Government of Japan and the Government of the
Republic of Turkey (hereinafter referred to as the“Parties”);
Based on the friendly relations existing between Japanand the Republic of Turkey;
Recognising that both Japan and the Republic of Turkey
are members of the International Atomic Energy Agency(hereinafter referred to as “the Agency”);
Considering that both Japan and the Republic of Turkey
are parties to the Treaty on the Non-Proliferation of
Nuclear Weapons, done on 1 July 1968;
Noting that safeguards by the Agency are applied inJapan in accordance with the Agreement between the
Government of Japan and the International Atomic Energy
Agency in Implementation of Article III. 1 and 4 of theTreaty on the Non-Proliferation of Nuclear Weapons, done on
4 March 1977 as supplemented by the Protocol additional to
the said Agreement, done on 4 December 1998 (hereinafterreferred to as “the Safeguards Agreement for Japan”);
Noting that safeguards by the Agency are applied in
the Republic of Turkey in accordance with the Agreement
between the Government of the Republic of Turkey and theInternational Atomic Energy Agency for the Application of
Safeguards in Connection with the Treaty on the NonProliferation of Nuclear Weapons, done on 30 June 1981 as
supplemented by the Protocol additional to the said
Agreement, done on 6 July 2000 (hereinafter referred to as“the Safeguards Agreement for the Republic of Turkey”);
Reaffirming the commitment of the Parties to pursue
peaceful uses of nuclear energy in a manner ensuring
nuclear safety, nuclear security and nuclear nonproliferation; and1

Emphasising the importance of co-operation in the useof nuclear energy for peaceful purposes and assurance of
nuclear safety;
Have agreed as follows:
ARTICLE 1
For the purposes of this Agreement:(a)

The term “authorised person” means any individual
or entity within the jurisdiction of the State ofa Party and authorised by that Party to cooperate under this Agreement, including to supply
or receive nuclear material, material, equipment
and technology, and to perform or receive
services, but does not include the Parties;(b)

The term “nuclear material” means:(i)source material, namely, uranium containing
the mixture of isotopes occurring in nature;uranium depleted in the isotope 235;
thorium; any of the foregoing in the form of
metal, alloy, chemical compound orconcentrate; any other substance containing
one or more of the foregoing in suchconcentration as may be determined by theParties; and such other substances as may be
determined by the Parties; and(ii)

special fissionable material, namely,
plutonium; uranium-233; uranium enriched in
the isotope 233 or 235; any substancecontaining one or more of the foregoing; andsuch other substances as may be determinedby the Parties. Special fissionable
material does not include source material;(c)

The term “material” means substances for use in a
nuclear reactor which are specified in Part A of
Annex A to this Agreement, but does not include
nuclear material;(d)

The term “equipment” means major items ofmachinery, plant or instrumentation, or major
components thereof, which are specially designed
or prepared for use in nuclear activities, andwhich are specified in Part B of Annex A to thisAgreement;

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(e)

The term “technology” means specific information
required for the development, production or useof any nuclear material, material or equipment,
excluding information which has been madeavailable without restrictions upon its further
dissemination. Basic scientific research
information may also be excluded, if specified
and determined by the Parties. This specificinformation may take the form of technical data
which includes blueprints, plans, diagrams,
models, formulae, engineering designs andspecifications, manuals and instructions writtenor recorded on other media or devices such as
disk, tape and read-only memories. It may also
take the form of technical assistance which
includes instruction, skills, training, working
knowledge and consulting services;(f)

The term “development” referred to in paragraph(e) of this Article means all phases before
production such as design, design research,
design analysis, design concepts, assembly andtesting of prototypes, pilot production schemes,
design data, process of transforming design data
into a product, configuration design, integration
design and layouts;(g)

The term “production” referred to in paragraphs(e) and (f) of this Article means all activities
for producing nuclear material, material or
equipment such as construction, productionengineering, manufacture, integration, assembly(mounting), inspection, testing and quality
assurance;(h)

The term “use” referred to in paragraph (e) of
this Article means operation, installation
including on-site installation, maintenance,
checking, repair, overhaul and refurbishing;(i)

The term “equipment based on technology” means
equipment which the Parties jointly determine asproduced from the use of technology transferredpursuant to this Agreement; and(j)

The term “nuclear material recovered or produced
as a by-product” means:(i)nuclear material derived from nuclear
material transferred pursuant to thisAgreement;

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(ii)

nuclear material derived by one or more
processes from the use of material or
equipment transferred pursuant to thisAgreement; and(iii)

nuclear material which the Parties jointly
determine as derived from the use oftechnology transferred pursuant to thisAgreement.
ARTICLE 2

1.
Co-operation under this Agreement may be undertaken in
the following ways:(a)exchange of experts and trainees;(b)exchange of information other than that which isclassified for national security reasons, on suchterms as may be determined by the Parties, byauthorised persons of the Parties, or by either
Party and authorised persons of the other Party;(c)supply from a Party or its authorised persons to
the other Party or its authorised persons of
nuclear material, material, equipment andtechnology on such terms as may be determined by
the supplier and the recipient;(d)provision of services by a Party or its
authorised persons and receipt of services by theother Party or its authorised persons on matterswithin the scope of this Agreement on such terms
as may be determined by the supplier and therecipient; and(e)other ways as may be agreed by the Parties.

2.
Co-operation as specified in paragraph 1 of this
Article may be undertaken in the following areas:(a)

exploration and exploitation of source material
which occurs in nature;(b)

design, construction, operation anddecommissioning of nuclear reactors agreed uponby the Parties;(c)

production of nuclear fuel and equipment thereof;(d)nuclear safety including radiation protection andenvironmental monitoring;

4

(e)

nuclear security;(f)spent fuel and radioactive waste management;(g)study on and application of radio-isotopes andradiation;(h)research and development on areas within thescope of this Agreement; and(i)other areas as may be agreed by the Parties.

3.
Technology and equipment for uranium enrichment, spent
nuclear fuel reprocessing, conversion of plutonium andproduction of material including those items listed in Part
C of Annex A, as well as plutonium may be transferred under
this Agreement only when this Agreement is amended for that
purpose in accordance with paragraph 1 of Article 14.
ARTICLE 3
1.
Co-operation under this Agreement shall be carried out
only for peaceful non-explosive purposes.
2.
Nuclear material, material, equipment and technology
transferred pursuant to this Agreement, equipment based ontechnology and nuclear material recovered or produced as aby-product shall not be used other than for peacefulpurposes; nor shall they be used for any nuclear explosive
device, for research on or for development of any suchdevice.
ARTICLE 4
1.
Co-operation specified in Article 2 of this Agreement
shall be subject to the provisions of this Agreement andthe laws and regulations in force in the respective States.
Co-operation envisaged in particular in sub-paragraph (c)of paragraph 1 of the said Article shall require theapplication of safeguards by the Agency with respect to all
nuclear material in all nuclear activities within therespective States in accordance with the Safeguards
Agreement for Japan and the Safeguards Agreement for theRepublic of Turkey respectively.
2.
To ensure the fulfilment of the obligations arisingunder Article 3 of this Agreement, nuclear materialtransferred pursuant to this Agreement and nuclear material
recovered or produced as a by-product:(a)while within Japan, shall be subject to the
Safeguards Agreement for Japan; and

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(b)

while within the Republic of Turkey, shall be
subject to the Safeguards Agreement for theRepublic of Turkey.

3.
In the exceptional event that for any reason the
Agency does not apply safeguards as required by paragraph 2of this Article, the Parties shall, in view of the vital
importance for nuclear material transferred pursuant tothis Agreement and nuclear material recovered or produced
as a by-product to remain permanently subject tosafeguards, forthwith consult jointly with the Agency totake rectifying measures and, in the absence of such
rectifying measures, shall immediately enter into
arrangements which conform to safeguards principles andprocedures of the Agency and provide effectiveness andcoverage equivalent to that intended to be provided by thesafeguards of the Agency specified in paragraph 2 of this
Article.
ARTICLE 5
1.
In implementing the provisions of this Agreement,
Japan and the Republic of Turkey shall act in conformity
with the existing obligations of each State under theprovisions of the Convention on Early Notification of a
Nuclear Accident, adopted on 26 September 1986, theConvention on Assistance in the Case of a Nuclear Accident
or Radiological Emergency, adopted on 26 September 1986,
and the Convention on Nuclear Safety, adopted on 17 June
1994.
2.
Japan shall act in conformity with the provisions of
the Joint Convention on the Safety of Spent Fuel Management
and on the Safety of Radioactive Waste Management, done on
5 September 1997. Upon the conclusion of the said
Convention, the Republic of Turkey shall act in conformity
with its provisions.
3.
In respect of facilities in which nuclear material,material, equipment or technology transferred pursuant tothis Agreement, equipment based on technology or nuclear
material recovered or produced as a by-product is locatedor used, the Parties may make mutually satisfactoryarrangements for the implementation of measures to ensure
the safety of such facilities.
4.
The Parties may hold periodic bilateral consultations
for the purpose of enhancing nuclear safety including
preparedness and response to nuclear incidents.

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ARTICLE 6
1.
In respect of nuclear material transferred pursuant tothis Agreement and nuclear material recovered or produced
as a by-product, the Parties shall apply measures ofphysical protection according to their respective criteria
which bring about, as a minimum, protection at levels set
out in Annex B to this Agreement.
2.
In respect of international transport of nuclear
material transferred pursuant to this Agreement and nuclear
material recovered or produced as a by-product, Japan andthe Republic of Turkey shall act in conformity with theexisting obligations of each State under the provisions of
the Convention on the Physical Protection of Nuclear
Material, opened for signature on 3 March 1980.
3.
Either Party may consult with the other Party for the
purpose of reviewing the adequacy of measures of physicalprotection related to nuclear material transferred pursuant
to this Agreement prior to the transfer and nuclear
material recovered or produced as a by-product.
4.
The Parties shall act in conformity with the existingobligations of each State under the provisions of theInternational Convention for the Suppression of Acts of
Nuclear Terrorism, opened for signature on 14 September
2005.
ARTICLE 7
Nuclear material, material, equipment and technology
transferred pursuant to this Agreement, equipment based ontechnology and nuclear material recovered or produced as aby-product shall not be transferred or retransferred beyond
the jurisdiction of the State of the receiving Party,
except into the jurisdiction of the State of the supplying
Party, unless the prior written consent of the supplying
Party is obtained.
ARTICLE 8
Nuclear material transferred pursuant to thisAgreement and nuclear material recovered or produced as aby-product may be enriched or reprocessed within thejurisdiction of the Republic of Turkey, only if the Parties
agree in writing.

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ARTICLE 9
1.
Nuclear material, material, equipment and technology
transferred between the two States, whether directly or
through a third State, shall become subject to thisAgreement upon their entry into the jurisdiction of theState of the receiving Party, only if the supplying Party
has notified the receiving Party in writing and in advanceof the intended transfer. Prior to the notified transferof such nuclear material, material, equipment or
technology, the supplying Party shall obtain from thereceiving Party a written confirmation that the transferred
nuclear material, material, equipment or technology will beheld subject to this Agreement and that the proposed
recipient, if other than the receiving Party, will be an
authorised person of the receiving Party.
2.
Nuclear material, material, equipment and technology
transferred pursuant to this Agreement, equipment based ontechnology and nuclear material recovered or produced as aby-product shall no longer be subject to this Agreement if:(a)such nuclear material, material or equipment has
been transferred beyond the jurisdiction of theState of the receiving Party in accordance withthe relevant provisions of this Agreement;(b)

the Parties jointly determine that such nuclear
material, material, equipment or technology shallno longer be subject to this Agreement; or(c)in the case of nuclear material, the Agency
determines, in accordance with the provisions forthe termination of safeguards in the relevant
agreement referred to in Article 4 of thisAgreement, that the nuclear material has been
consumed, or has been diluted in such a way that
it is no longer usable for any nuclear activity
relevant from the point of view of safeguards, or
has become practicably irrecoverable.
ARTICLE 10

1.
Neither Party shall use the provisions of thisAgreement for the purpose of seeking commercial orindustrial advantages over the other Party or its
authorised persons, or for the purpose of interfering withthe commercial or industrial interests of the other Partyor its authorised persons, or for the purpose of hindering
the development of the peaceful uses of nuclear energy.

82.
For the effective implementation of this Agreement,
the Parties shall exchange annually the then current
inventories of nuclear material, material, equipment andtechnology transferred pursuant to this Agreement andequipment based on technology and nuclear material
recovered or produced as a by-product based upon thenational system of accounting for and control of nuclear
material.
3.
Nuclear material transferred pursuant to thisAgreement and nuclear material recovered or produced as aby-product may be handled based on the principles offungibility and proportionality when they are used in
mixing processes where they lose their identity, or are
deemed to lose it, in the process of conversion, fuelfabrication, enrichment or reprocessing.
ARTICLE 11
The Parties shall ensure the adequate and effective
protection of intellectual property and technology createdor transferred pursuant to the co-operation under thisAgreement in accordance with the relevant international
agreements to which Japan and the Republic of Turkey areparties and the laws and regulations in force in therespective States.
ARTICLE 12
1.
The Parties shall, at the request of either of them,consult with each other, if any question arises concerning
the interpretation or application of this Agreement.
2.
If any dispute arising out of the interpretation orapplication of this Agreement is not settled byconsultations, such dispute shall, at the request of either
Party, be submitted to an arbitral tribunal which shall becomposed of three arbitrators appointed in accordance withthe following provisions:(a)Each Party shall designate one arbitrator who may
be a national of its State and the two
arbitrators so designated shall designate bymutual agreement a third arbitrator, a nationalof a third State, who shall be the Chairman;

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(b)

If, within thirty days of the request forarbitration, either Party has not designated anarbitrator, either Party may request the
President of the International Court of Justice(hereinafter referred to as “ICJ”) to appoint anarbitrator. If the President of the ICJ is anational of the State of either Party or isprevented from making the appointments for any
other reason, the Vice-President of the ICJ or,
if the Vice-President is a national of the Stateof either Party or is similarly prevented fromacting, the most senior judge of the ICJ who is
not a national of the State of either Party, andis not prevented similarly may be requested tomake the appointments;(c)

The same procedure set out in the sub-paragraph(b) above shall apply if, within thirty days ofthe designation or appointment of the second
arbitrator, the third arbitrator has not been
elected, provided that the third arbitrator so
appointed shall not be a national of the State ofeither Party;(d)A majority of the members of the arbitral
tribunal shall constitute a quorum, and all
decisions shall require the concurrence of amajority of the members of the tribunal;(e)

The arbitral procedure shall be fixed bydecisions of the tribunal. The decisions of thetribunal shall be binding on the Parties; and(f)Each Party shall bear the cost of its own
arbitrator and its representation in the arbitralproceedings. The cost of the Chairman of thearbitral tribunal in discharging the duties andthe remaining costs of the arbitral tribunal
shall be borne equally by the Parties.
ARTICLE 13

1.
If the Republic of Turkey or Japan at any time
following entry into force of this Agreement:(a)acts in violation of the provisions of Article 3,4, 5, 6, 7, or 8 of this Agreement, or thedecisions of the arbitral tribunal referred to in
Article 12 of this Agreement; or(b)terminates or materially violates its Safeguards
Agreement with the Agency referred to in Article
4 of this Agreement,10the Government of Japan or the Government of the Republic
of Turkey respectively shall have the right to cease cooperation under this Agreement in whole or in part, or toterminate this Agreement and to require the return of any
nuclear material, material and equipment transferredpursuant to this Agreement.
2.
If the Republic of Turkey or Japan detonates a nuclear
explosive device, the Government of Japan or the Governmentof the Republic of Turkey respectively shall have the rightspecified in paragraph 1 of this Article.
3.
Before either Party takes steps to cease co-operation
under this Agreement in whole or in part or to terminate
this Agreement, the Parties shall consult for the purposeof taking corrective measures and shall, where appropriate,
carefully consider the following, taking into account theneed to make such other appropriate arrangements as may berequired:(a)the effects of taking such steps; and(b)whether the facts which gave rise to consideringsuch steps were caused deliberately.

4.
The right under this Article to require the return of
any nuclear material, material, or equipment transferredpursuant to this Agreement shall be exercised in accordancewith terms, conditions and procedures mutually acceptable
to the Parties.
5.
Following the consultations referred to in paragraph 3of this Article, the right under this Article shall be
exercised by either Party:(a)In the case referred to in paragraph 1 of this
Article, only if the other Party fails to takecorrective measures within an appropriate periodof time; and(b)

In the case referred to in paragraph 2 of this
Article, if it determines that no corrective
measures can be found.
ARTICLE 14

1.
The Parties shall, at the request of either Party,
consult each other on amendments to this Agreement. This
Agreement may be amended by a written agreement between theParties. Amendments to this Agreement shall enter into
force in accordance with the same procedure as set out inparagraph 1 of Article 15.

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2.
The Annexes to this Agreement form an integral part ofthis Agreement. The Annexes may be modified by a writtenagreement between the Parties without amendment of thisAgreement. Modifications of Annexes shall enter into force
on the date of receipt by the Government of Japan of thewritten notification from the Government of the Republic of
Turkey of the completion of its necessary internal
procedures.
ARTICLE 15
1.
Each Party shall send through diplomatic channels tothe other Party the notification by which the Party informs
the other Party of the completion of its internal
procedures required for the entry into force of thisAgreement. This Agreement shall enter into force on thethirtieth day after the date of the receipt of the latter
notification.
2.
This Agreement shall remain in force for a period offifteen years, and shall be automatically extended forfive-year periods thereafter unless either Party notifies
the other Party through diplomatic channels in writing of
its intention to terminate this Agreement not later thansix months prior to the expiry date.
3.
Notwithstanding the termination of this Agreement,
Article 1, Article 3, paragraphs 2 and 3 of Article 4,
Articles 5 to 8, paragraph 2 of Article 9 and Articles 10
to 13 of this Agreement shall continue in effect.
In witness whereof, the undersigned, being duly
authorised by their respective Governments, have signed
this Agreement.
Done in duplicate, each in Japanese, Turkish andEnglish, each being equally authentic, and signed at Tokyoon the twenty-sixth day of April, 2013, and at Ankara on
the third day of May, 2013. Should any dispute concerning
the interpretation of the texts arise, the English version
shall prevail.

For the Governmentof Japan:

For the Governmentof the Republic of Turkey:

岸田文雄

Taner Yıldız

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Annex A
Part A
1.

Deuterium and heavy water:

Deuterium, heavy water (deuterium oxide) and anyother deuterium compound in which the ratio of deuterium tohydrogen atoms exceeds 1:5000 for use in a nuclear reactor
as defined in paragraph 1 of Part B below, in quantities
exceeding 200 kg of deuterium atoms in any period of 12months.
2.

Nuclear grade graphite:

Graphite having a purity level better than 5 parts
per million boron equivalent and with a density greaterthan 1.50g/cm3 for use in a nuclear reactor as definedin paragraph 1 of Part B below, in quantities exceeding
30 metric tons in any period of 12 months.
Part B
1.

Complete nuclear reactors:

Nuclear reactors capable of operation so as tomaintain a controlled self-sustaining fission chain
reaction, excluding zero energy reactors, the latterbeing defined as reactors with a designed maximum rateof production of plutonium not exceeding 100 grams per
year.
2.

Nuclear reactor vessels:

Metal vessels, or major shop-fabricated parts
therefor, especially designed or prepared to contain thecore of a nuclear reactor as defined in paragraph 1 above,
as well as relevant nuclear reactor internals as defined inparagraph 8 below.
3.
Nuclear reactor fuel charging and discharging
machines:
Manipulative equipment especially designed or prepared
for inserting or removing fuel in a nuclear reactor as
defined in paragraph 1 above.
4.

Nuclear reactor control rods and equipment:

Especially designed or prepared rods, support orsuspension structures therefor, rod drive mechanisms
or rod guide tubes to control the fission process ina nuclear reactor as defined in paragraph 1 above.

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5.

Nuclear reactor pressure tubes:

Tubes which are especially designed or prepared tocontain fuel elements and the primary coolant in a nuclear
reactor as defined in paragraph 1 above at an operatingpressure in excess of 50 atmospheres.
6.

Zirconium tubes:

Zirconium metal and alloys in the form of tubes orassemblies of tubes, and in quantities exceeding 500 kg
in any period of 12 months, especially designed or preparedfor use in a nuclear reactor as defined in paragraph 1
above, and in which the relation of hafnium to zirconium
is less than 1:500 parts by weight.
7.

Primary coolant pumps:

Pumps especially designed or prepared for circulating
the primary coolant for a nuclear reactor as defined inparagraph 1 above.
8.

Nuclear reactor internals:

Nuclear reactor internals especially designed or
prepared for use in a nuclear reactor as defined inparagraph 1 above, including support columns for thecore, fuel channels, thermal shields, baffles, coregrid plates and diffuser plates.
9.

Heat exchangers:

Heat exchangers (steam generators) especially designed
or prepared for use in the primary coolant circuit of a
nuclear reactor as defined in paragraph 1 above.
10.

Neutron detection and measuring instruments:

Especially designed or prepared neutron detection
and measuring instruments for determining neutron flux
levels within the core of a nuclear reactor as definedin paragraph 1 above.
11. Plants for the fabrication of nuclear reactor fuelelements, and equipment especially designed or prepared
therefor.
12. Plants for the conversion of uranium for use in the
fabrication of fuel elements and the separation of uranium
isotopes, and equipment especially designed or prepared
therefor.

14Part C
1.
Plants for the conversion of plutonium for use in the
fabrication of fuel elements and the separation of uranium
isotopes, and equipment especially designed or prepared
therefor.
2.
Plants for the reprocessing of irradiated fuelelements, and equipment especially designed or prepared
therefor.
3.
Plants for the separation of isotopes of naturaluranium, depleted uranium or special fissionable material
and equipment, other than analytical instruments,
especially designed or prepared therefor.
4.
Plants for the production or concentration of heavy
water, deuterium and deuterium compounds and equipment
especially designed or prepared therefor.

15Annex B
Levels of physical protection
CATEGORY III(as defined in the attached table)
Use and storage within an area to which access iscontrolled.
Transportation under special precautions including
prior arrangements among sender, recipient and carrier,and prior agreement between entities subject to thejurisdiction and regulation of supplier and recipientStates, respectively, in case of international transport,
specifying time, place and procedures for transferringtransport responsibility.
CATEGORY II(as defined in the attached table)
Use and storage within a protected area to whichaccess is controlled, i.e., an area under constantsurveillance by guards or electronic devices, surrounded bya physical barrier with a limited number of points of entry
under appropriate control, or any area with an equivalentlevel of physical protection.
Transportation under special precautions including
prior arrangements among sender, recipient and carrier,and prior agreement between entities subject to thejurisdiction and regulation of supplier and recipientStates, respectively, in case of international transport,
specifying time, place and procedures for transferringtransport responsibility.
CATEGORY I(as defined in the attached table)
Nuclear material in this category shall be protectedwith highly reliable systems against unauthorised use as
follows:
Use and storage within a highly protected area, i.e.,a protected area as defined for Category II above, towhich, in addition, access is restricted to persons whose
trustworthiness has been determined, and which is undersurveillance by guards who are in close communication withappropriate response authorities. Specific measures takenin this context should have as their objective thedetection and prevention of any assault, unauthorised
access or unauthorized removal of the nuclear material
concerned.

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Transportation under special precautions as identified
above for transportation of Category II and III nuclear
material and, in addition, under constant surveillance byescorts and under conditions which assure close
communication with appropriate response authorities.

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TABLE:

CATEGORIZATION OF NUCLEAR MATERIAL

NuclearMaterial

Form

Category I

Category II

Category
III(c)

1. Plutonium(a)Unirradiated(b)2kg or more

Less than 2kg
but more than
500g

500g orless but
more than
15g

2. Uranium-235

Unirradiated(b)5kg or more

Less than 5kg
but more than
1kg

1kg orless but
more than
15g

10kg or more

Less than
10kg but
more than
1kg-uranium
enriched to
20% 235U or
more-uranium
enriched to
10% 235U but
less than 20%
235U-uranium
enriched
above
natural, butless than 10%
235U
3. Uranium-233

Unirradiated(b)10kg ormore

2kg or more

4. Irradiated
FuelLess than 2kg
but more than
500g

500g orless but
more than
15g

Depleted or
naturaluranium,thorium or
low-enrichedfuel (lessthan 10%fissilecontent)(d)/(e)(a)

All plutonium except that with isotopic concentration exceeding
80% in plutonium-238.

(b)

Nuclear material not irradiated in a reactor or nuclear material
irradiated in a reactor but with a radiation level equal to orless than 1 Gy/hr (100 rads/hr) at one meter unshielded.

(c)Quantities not falling in Category III and natural uranium,
depleted uranium and thorium should be protected at least inaccordance with prudent management practice.

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(d)

Although this level of protection is recommended, it would be
open to the Parties, upon evaluation of the specificcircumstances, to assign a different category of physicalprotection.

(e)Other fuel which by virtue of its original fissile material
content is classified as Category I or II before irradiation may
be reduced one category level while the radiation level from thefuel exceeds 1 Gy/hr (100 rads/hr) at one meter unshielded.

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