AGREEMENTBETWEEN THE GOVERNMENT OF JAPAN AND
THE GOVERNMENT OF THE REPUBLIC OF INDIAFOR COOPERATION IN THE PEACEFUL USES OF NUCLEAR ENERGYAGREEMENTBETWEEN THE GOVERNMENT OF JAPAN AND
THE GOVERNMENT OF THE REPUBLIC OF INDIAFOR COOPERATION IN THE PEACEFUL USES OF NUCLEAR ENERGYThe Government of Japan and the Government of the
Republic of India (hereinafter referred to as “theParties”);
Desiring to strengthen the Special Strategic andGlobal Partnership that exists between Japan and theRepublic of India;
Noting that nuclear energy provides a safe,
environmentally friendly and sustainable source of energy,
which also contributes to energy security;
Recognising that Japan and the Republic of India haveadvanced capabilities in the peaceful uses of nuclear
science and technology which can contribute to the welfareof their respective peoples;
Recognising also that the two States have been
cooperating in this area through multilateral fora
including the ITER International Fusion Energy
Organization;
Considering that Japan is a party to the Treaty on the
Non-Proliferation of Nuclear Weapons, done on July 1, 1968;
Recognising that both Japan and the Republic of India
are initial members of the International Atomic Energy
Agency (hereinafter referred to as “the Agency”);
Reaffirming the support of the two States for theobjectives of the Agency and its safeguards system asapplicable to Japan and the Republic of India respectively
and its importance in the international cooperation in thedevelopment and uses of nuclear energy for peacefulpurposes;
Reaffirming their respective commitments to achieve
the highest standards of radiation and nuclear safety basedon a scientific approach, operating experience and bestpractices followed by the nuclear industry, as well as toensure that the use of radiation and atomic energy in all
its applications is safe for the health of radiation
workers, members of the public and the environment;－1－Noting the commitments of the two States to nuclear
non-proliferation, nuclear safety and nuclear security inthe peaceful uses of nuclear energy, including effective
national export controls and adequate physical protectionof nuclear material;
Desiring also to develop cooperation between the two
States on the basis of respect for sovereignty, equality,
mutual benefit and reciprocity; andDesiring to promote full cooperation between the two
States in the development and uses of nuclear energy forpeaceful purposes on a stable, reliable and predictablebasis;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, non-nuclear material,
equipment and technology, and to perform or
receive services, but does not include theParties;(b)

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

special fissionable material means
plutonium; uranium-233; uranium enriched in
the isotopes 233 or 235; any material
containing one or more of the foregoing; andsuch other fissionable material as may be
agreed to by the Parties. Special
fissionable material does not include source
material;

－2－

(c)

The term “non-nuclear material” means material
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;(e)

The term “technology” means the specificinformation necessary for the development,
production or use of any nuclear material, nonnuclear material or equipment with the exceptionof information publicly available and without
restrictions upon its further dissemination. The
specific information may take the form oftechnical data which includes blueprints, plans,
diagrams, models, formulae, engineering designs
and specifications, manuals and instructions
written or recorded on other media or devices
such as disk, tape and read-only memories, and it
may also take the form of technical assistancewhich includes instruction, skills, training,
working knowledge and consulting services, and istransferred in any form pursuant to thisAgreement and is so designated and documented in
hard copy or digital form by agreement of theParties that it shall be subject to thisAgreement;(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, non-nuclear
material or equipment such as construction,
production engineering, manufacture, integration,assembly (mounting), inspection, testing andquality assurance;

－3－

(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 agree as produced
from the use of technology transferred pursuant
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;(ii)

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

nuclear material which the Parties agree asderived from the use of technology
transferred pursuant to this Agreement.
ARTICLE 2

1.
Cooperation between the Parties in the use of nuclear
energy for peaceful and non-explosive purposes shall be
subject to the provisions of this Agreement. Each Party
shall implement this Agreement in accordance with theapplicable treaties as well as national laws andregulations in force in the respective States including
licence requirements concerning the use of nuclear energy
for peaceful purposes. This Agreement shall be implemented
in good faith and in accordance with the principles ofinternational law.
2.
Cooperation under this Agreement in the two States may
be undertaken in the following ways and other ways as may
be agreed by the Parties:(a)exchange of scientific, technical and otherexperts including their participation in theactivities referred to in this Article;

－4－

(b)

exchange of information other than that placed
under classification for national security
reasons by either of the Parties, on such terms
as may be agreed between the Parties, between
authorised persons of the Parties, or between
either Party and authorised persons of the otherParty;(c)supply from a Party or its authorised persons to
the other Party or its authorised persons of
nuclear material, non-nuclear material, equipment
and technology, including those intended for use
in third States, on such terms, consistent withthis Agreement, as may be agreed between the
supplier and the recipient; and(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,
consistent with this Agreement, as may be agreed
between the supplier and the recipient.

3.
Cooperation as specified in paragraph 2 of this
Article may be undertaken in the following areas and otherareas as may be agreed by the Parties:(a)design, construction, support services for
operation and maintenance activities as well as
decommissioning of reactors in conformity withthe appropriate regulatory requirements;(b)

all aspects of the nuclear fuel cycle associatedwith activities referred to in sub-paragraph (a)of this paragraph, including nuclear fuelfabrication and radioactive waste processing andmanagement;(c)nuclear safety matters of mutual interest,
including radiation and environmental protection,and prevention of and response to nuclear
accident and radiation emergency;(d)scientific and technical cooperation in the fieldof peaceful uses of nuclear energy including
joint research and development on areas agreed by
the Parties;(e)study on and application of radio-isotopes andradiation in such fields as agriculture,
medicine, industry and environment; and

－5－

(f)

exchange of experiences in nuclear security
matters of mutual interest.

4.
Notwithstanding the provisions of paragraphs 2 and 3of this Article, technology for and equipment for uranium
enrichment, spent nuclear fuel reprocessing, conversion of
plutonium and production of non-nuclear material andplutonium may be transferred under this Agreement only when
this Agreement is amended for that purpose.
5.
When cooperation pursuant to this Agreement requires
exchanges of experts referred to in sub-paragraph (a) ofparagraph 2 of this Article, the Parties may facilitate theentry of the experts to their territories and their staytherein in accordance with the laws and regulations inforce in their respective States.
ARTICLE 3
1.
Cooperation under this Agreement shall be carried out
only for peaceful and non-explosive purposes.
2.
Nuclear material, non-nuclear material, equipment andtechnology transferred pursuant to this Agreement,
equipment based on technology and nuclear material
recovered or produced as a by-product shall not be usedother than for peaceful purposes; nor shall they be used
for any nuclear explosive device, for research on or for
development of any such device.
ARTICLE 4
1.
Cooperation under this Agreement shall require theapplication of safeguards by the Agency as applicable to
Japan and the Republic of India in accordance with theirrespective relevant agreements with the Agency.
2.
Nuclear material, non-nuclear material and equipment
transferred pursuant to this Agreement, equipment based ontechnology and nuclear material recovered or produced as aby-product shall remain subject to safeguards by the Agency
as applicable:(a)within Japan, in accordance with the Agreement
between the Government of Japan and theInternational Atomic Energy Agency in
Implementation of Article III.1 and 4 of theTreaty on the Non-Proliferation of Nuclear
Weapons, done on March 4, 1977 as supplemented by
the Protocol Additional to the said Agreement,
done on December 4, 1998; and

－6－

(b)

within the Republic of India, in accordance with
the Agreement between the Government of India andthe International Atomic Energy Agency for the
Application of Safeguards to Civilian Nuclear
Facilities, done on February 2, 2009 as
supplemented by the Protocol Additional to thesaid Agreement, done on May 15, 2009.

3.
If the Agency decides that the application ofsafeguards by the Agency as required by paragraph 2 of this
Article is not possible, the Parties shall consult andagree on appropriate verification measures.
ARTICLE 5
1.
Each Party shall maintain a system of accounting forand control of all nuclear material transferred pursuant tothis Agreement and nuclear material recovered or produced
as a by-product.
2.
The Parties shall exchange information on nuclear
material and non-nuclear material under safeguards by the
Agency as applicable, equipment and technology subject tothis Agreement, as well as any other related information,
as mutually agreed, through appropriate authorities toimplement and administer the provisions of this Agreement.
ARTICLE 6
The Parties reaffirm their obligations underinternational conventions relating to nuclear safety towhich both Japan and the Republic of India are parties.
ARTICLE 7
1.
Each Party shall make sure that, whether during use,
storage or transportation within the jurisdiction of its
State or during international transport, adequate measures
to ensure the physical protection of nuclear material andequipment transferred pursuant to this Agreement andnuclear material recovered or produced as a by-product are
adopted, in accordance with the laws and regulations inforce in its State and relevant international conventions
to which it is a party, in particular the Convention on
the Physical Protection of Nuclear Material and Nuclear
Facilities adopted on October 26, 1979 and amended on
July 8, 2005.

－7－

2.
Each Party shall be responsible for implementing
measures of physical protection within the jurisdiction of
its State. In implementing measures of physicalprotection, each Party shall be guided by recommendations
contained in the document published by the Agency as
INFCIRC/225/Rev.4. Any revision to those recommendations
shall only be effective for a Party after that Party has
given written notice to the other Party of its decision to
be guided by such revision.
3.
The Parties shall exchange annually a list of
facilities in which plutonium and uranium-233 (except as
either may be contained in irradiated fuel elements), andhigh enriched uranium subject to this Agreement is stored.
Either Party may make changes to its list by notifying theother Party in writing and receiving a written
acknowledgement.
ARTICLE 8
1.
The Parties shall ensure the adequate and effective
protection of information and technology obtained pursuant
to the cooperation under this Agreement against
unauthorised use or disclosure in accordance with therelevant laws and regulations in force in their respective
States.
2.
The Parties shall ensure the adequate and effective
protection of intellectual property created and technology
transferred pursuant to the cooperation under thisAgreement in accordance with applicable international
agreements relating to intellectual property to which both
Japan and the Republic of India are parties as well as therelevant laws and regulations in force in their respective
States.
ARTICLE 9
1.
The Parties shall implement this Agreement in such amanner as to facilitate nuclear trade between the Partiesor their authorised persons, and where appropriate, nuclear
trade between a Party or its authorised persons and third
parties, of items subject to this Agreement for which theother Party or its authorised person is the intended end
user.
2.
A Party shall not use the provisions of this Agreement
for the purpose of securing commercial advantage or for the
purpose of interfering with the commercial relations of theother Party.

－8－

ARTICLE 10
Nuclear material, non-nuclear material, equipment andtechnology transferred pursuant to this Agreement,
equipment based on technology and nuclear material
recovered or produced as a by-product shall not betransferred or retransferred beyond the jurisdiction of theState of the receiving Party, except into the jurisdictionof the State of the supplying Party, unless the priorwritten consent of the supplying Party is obtained.
ARTICLE 11
1.
Enrichment may be carried out up to less than twenty
percent in the isotope 235 of uranium transferred pursuant
to this Agreement, as well as uranium used in or produced
through the use of equipment transferred pursuant to thisAgreement. Enrichment of twenty percent and above in theisotope 235 of uranium transferred pursuant to thisAgreement, as well as uranium used in or produced throughthe use of equipment transferred pursuant to this Agreement
may be carried out only when the written consent of the
supplying Party has been obtained.
2.
Nuclear material transferred pursuant to thisAgreement and nuclear material recovered or produced as aby-product may be reprocessed within the jurisdiction of
the Republic of India in accordance with the provisions ofAnnex B to this Agreement.
3.
The provisions of paragraph 2 of this Article shall
only apply:(a)as long as the Agreement between the Governmentof India and the International Atomic Energy
Agency for the Application of Safeguards to
Civilian Nuclear Facilities, done on February 2,
2009 as supplemented by the Protocol Additional
to the said Agreement, done on May 15, 2009,
where applicable, is in force for the Republic ofIndia;(b)where any special fissionable material that may
be separated thereby is stored or used only forthe purpose of producing nuclear fuel for
facilities in the Republic of India undersafeguards by the Agency to implement theRepublic of India’s planned nuclear energy
programme for peaceful purposes; and(c)as long as the modalities described in Annex B tothis Agreement continue to apply.

－9－

ARTICLE 12
1.
Cooperation with regard to transfer of nuclear
material, non-nuclear material, equipment and technology
between the Parties or their authorised persons referred toin Article 2 of this Agreement shall be implemented inaccordance with the provisions of this Agreement and may be
implemented through specific written arrangements, in any
form, between the Parties or their authorised persons.
These written arrangements may take the form of scientificand technical exchanges, memoranda or contracts signed by
the authorised persons of the Parties.
2.
Transfer of nuclear material, non-nuclear material,
equipment, and technology pursuant to this Agreement may beundertaken directly between the Parties or through theirauthorised persons. Nuclear material, non-nuclear
material, equipment and technology so transferred, whether
directly or through a third State, shall become subject tothis Agreement upon their entry into the jurisdiction of
the State of the receiving Party, only if the supplying
Party has notified the receiving Party in writing and inadvance of the intended transfer. Prior to the notified
transfer of such nuclear material, non-nuclear material,
equipment or technology, the supplying Party shall obtainfrom the receiving Party a written confirmation that thetransferred nuclear material, non-nuclear material,
equipment or technology will be held subject to thisAgreement and that the proposed recipient, if other than
the receiving Party, will be an authorised person of thereceiving Party.
3.
Nuclear material, non-nuclear material, equipment andtechnology transferred pursuant to this Agreement,
equipment based on technology and nuclear material
recovered or produced as a by-product shall no longer be
subject to this Agreement if:(a)in the case of nuclear material, it has been
determined by the Agency, in accordance with theprovisions for the termination of safeguards inthe relevant agreement referred to in paragraph 1
of Article 4 of this Agreement, that the nuclear
material has been consumed or diluted in such a
way that it is no longer usable for any nuclear
activity relevant from the point of view ofAgency safeguards, or has become practicably
irrecoverable;

－10－

(b)

such nuclear material, non-nuclear material or
equipment has been transferred beyond thejurisdiction of the State of the receiving Partyin accordance with Article 10 of this Agreement;or(c)

the Parties otherwise mutually determine inwriting through the diplomatic channel that itshould no longer be subject to this Agreement.

4.
The principles of fungibility, proportionality andequivalence may be applied in handling nuclear material andnon-nuclear material transferred pursuant to this Agreement
and nuclear material recovered or produced as a by-productconsistent with each Party’s safeguards agreement with the
Agency.
ARTICLE 13
1.
With a view to promoting cooperation under thisAgreement, the Parties may, at the request of either ofthem, consult with each other through the diplomaticchannel or other consultative fora on matters such as theimplementation of this Agreement, including any technicalissues, and the development of cooperation in the field ofpeaceful uses of nuclear energy on a stable, reliable andpredictable basis.
2.
Representatives of the Parties shall meet at therequest of either Party with a view to consulting on
matters arising from the application of this Agreement.
Accordingly, the Parties shall establish a Joint Committee
to serve as the appropriate forum for such consultations.
The Joint Committee shall be composed of representatives
designated by the Parties, and may meet on mutuallyconvenient dates. A Joint Technical Working Group may beestablished under the Joint Committee to consult on any
technical issues referred to in paragraph 1 of this
Article.
3.
Each Party shall endeavour to avoid any action that
affects cooperation specified under Article 2 of thisAgreement.
4.
If any dispute arises between the Parties with regard
to the interpretation or application of this Agreement, theParties shall endeavour to settle the dispute bynegotiation or other means agreed to by the Parties.

－11－

5.
Disputes regarding the interpretation, implementationor performance of subsequent commercial contracts shall be
dealt with in accordance with the provisions found in thecontracts.
ARTICLE 14
1.
Either Party shall have the right to terminate thisAgreement prior to its expiration by giving one year’s
written notice to the other Party. A Party giving noticeof termination shall provide the reasons for seeking suchtermination. This Agreement shall terminate one year fromthe date of the written notice, unless the notice has been
withdrawn in writing by the Party giving such notice prior
to the date of termination or the Parties otherwise agree.
2.
Before this Agreement is terminated pursuant toparagraph 1 of this Article, the Parties shall consider the
relevant circumstances and promptly hold consultations toaddress the reasons cited by the Party seeking termination.
The Party seeking termination of this Agreement has theright to cease further cooperation under this Agreement inwhole or in part, if it determines that a mutuallyacceptable resolution of outstanding issues has not beenpossible or cannot be achieved through consultations. The
Parties shall consider carefully the circumstances that may
lead to termination of this Agreement or cessation ofcooperation under this Agreement. They further agree totake into account whether the circumstances that may leadto termination of this Agreement or cessation ofcooperation under this Agreement resulted from a Party’s
serious concern about a changed security environment or asa response to similar actions by other States which could
impact national security.
3.
If a Party seeking termination cites a violation ofthis Agreement as the reason for notice for seeking
termination, the Parties shall consider whether the action
was caused inadvertently or otherwise and whether theviolation could be considered as material. No violation
may be considered as being material unless corresponding to
the definition of material violation or breach in the
Vienna Convention on the Law of Treaties. If a Party
seeking termination cites a violation of a safeguards
agreement with the Agency as the reason for notice forseeking termination, a crucial factor will be whether the
Board of Governors of the Agency has made a finding of noncompliance.

－12－

4.
Following the cessation of cooperation under thisAgreement, either Party shall have the right to require thereturn by the other Party of any nuclear material, nonnuclear material or equipment transferred pursuant to thisAgreement and any special fissionable material recovered or
produced as a by-product. A written notice by a Party thatis invoking the right to require the return shall bedelivered to the other Party on or before the date of
termination of this Agreement. The notice shall contain astatement of the items of which the Party is requiring thereturn. Except as provided in provisions of paragraph 3 ofArticle 17 of this Agreement, all other legal obligations
pertaining to this Agreement shall cease to apply withrespect to the nuclear material, non-nuclear material,
equipment and technology subject to this Agreement
remaining on the territory of either Party upon terminationof this Agreement.
5.
The two Parties recognise that exercising the right torequire the return pursuant to paragraph 4 of this Article
would have profound implications for the relationshipbetween the Parties. If either Party seeks to exercise
such right, it shall, prior to the removal from theterritory or from the control of the other Party of any
nuclear material, non-nuclear material or equipment
transferred pursuant to this Agreement and any special
fissionable material recovered or produced as a by-productspecified in paragraph 4 of this Article, undertake
consultations with the other Party. Such consultations
shall give special consideration to the importance of
uninterrupted operation of nuclear reactors of the Party
concerned with respect to the availability of nuclear
energy for peaceful purposes as a means of achieving energy
security. Both Parties shall take into account thepotential negative consequences of termination of thisAgreement on the on-going contracts and projects initiatedunder this Agreement of significance for the respective
nuclear programmes of either Party.
6.
If either Party exercises its right to require thereturn pursuant to paragraph 4 of this Article, it shall,prior to the removal of the items to be returned from theterritory or from the control of the other Party,
compensate promptly that Party for the fair market value
thereof and for the costs incurred because of such removal.
The Parties shall agree on methods and arrangements forsuch return, the relevant quantity of the items to be soreturned, and the amount of compensation that would have tobe paid by the Party exercising the right to require thereturn.

－13－

7.
Prior to the return of nuclear material, non-nuclear
material or equipment transferred pursuant to thisAgreement or any special fissionable material recovered or
produced as by-product, the Parties shall satisfy
themselves that full safety, radiological and physicalprotection measures have been ensured in accordance withthe laws and regulations in force in their respective
States and that the transfers pose no unreasonable risk toeither Party, countries through which the items to be
returned may transit and to the global environment and arein accordance with existing international regulations.
8.
The Party exercising the right to require the return
pursuant to paragraph 4 of this Article shall ensure thatthe timing, methods and arrangements for the return are inaccordance with paragraphs 5, 6 and 7 of this Article. In
this regard, the consultations between the Parties shalltake into account the commitments and understandings that
the Republic of India has with other civil nuclear
cooperation partners with regard to reliable supply of fuelto the Republic of India.
9.
The reprocessing pursuant to Article 11 of thisAgreement shall be subject to suspension by either Party in
exceptional circumstances limited to either Party’s
determination that continuance of reprocessing of nuclear
material subject to this Agreement at a facility referred
to in Annex B to this Agreement would result in a serious
threat to that Party’s national security or in case there
is a serious threat to the physical protection at thefacility. Any decision to seek suspension following
consultations between the Parties aimed at reachingmutually acceptable resolution of outstanding issues shallbe applied to the relevant reprocessing facility related tothe exceptional circumstances and will be to the minimum
extent and for the minimum period necessary to deal withthe exceptional circumstances, and for not longer than
three months unless extended by the Party seeking
suspension for specific reasons conveyed in writing to theother Party. Such a decision shall take into account theeffects of such suspension on uninterrupted operation of
nuclear reactors that provide nuclear energy for peacefulpurposes, potential loss to Indian economy and impact onenergy security caused by the suspension. In case thesuspension extends beyond a period of six months, both
Parties shall enter into consultations on compensation for
the adverse impact on the Indian economy due to disruption
in electricity generation and loss on account of disruptionof contractual obligations.

－14－

ARTICLE 15
Nothing in this Agreement shall be interpreted asaffecting the applicable rights and obligations of theParties with regard to nuclear material, non-nuclear
material, equipment and technology produced, acquired ordeveloped by them, which are not within the scope of thecooperation under this Agreement.
ARTICLE 16
1.
This Agreement may be amended at any time with awritten agreement of the Parties. Amendment to thisAgreement shall be approved by each Party in accordancewith its internal procedures. Each Party shall notify theother of the completion of these procedures. Amendments
shall enter into force on the date the later of thesenotifications is received.
2.
The Annexes to this Agreement shall form an integral
part of this Agreement. The Annexes may be modified by awritten agreement of the Parties through an exchange of
diplomatic notes.
ARTICLE 17
1.
This Agreement shall enter into force on the date on
which the Parties exchange diplomatic notes informing eachother that their respective internal procedures necessaryfor entry into force of this Agreement have been completed.
2.
This Agreement shall remain in force for a period of
forty years and shall be automatically extended for tenyear periods thereafter unless either Party notifies theother Party in writing through diplomatic channel of its
intention to terminate this Agreement not later than six
months prior to the expiry date.
3.
Notwithstanding the cessation of cooperation under
this Agreement or termination of this Agreement, Articles
1, 3 and 4, paragraph 1 of Article 5, Articles 6, 7, 10 and
11, paragraph 3 of Article 12 and Articles 13 and 14 ofthis Agreement shall continue in effect.

－15－

In witness whereof the undersigned, being duly
authorised by their respective Governments, have signed
this Agreement.
Done at Tokyo on the 11th day of November, 2016, in
duplicate.

For the Government of Japan:
K. Hiramatsu

For the Government of
the Republic of India:
S. Jaishankar－16－Annex A
Part A
1.

Deuterium and heavy water:

Deuterium, heavy water (deuterium oxide) and any other
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 within a period of one
calendar year (from 1 January to 31 December).
2.

Nuclear grade graphite:

Graphite having a purity level better than 5 parts per
million boron equivalent and with a density greater than
1.50g/cm3 for use in a nuclear reactor as defined inparagraph 1 of Part B below, in quantities exceeding 1 kg.
Part B
1.

Complete nuclear reactors:

Nuclear reactors capable of operation so as tomaintain a controlled self-sustaining fission chain
reaction.
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 in a nuclear
reactor as defined in paragraph 1 above.

－17－

5.

Nuclear reactor pressure tubes:

Tubes which are especially designed or prepared tocontain both fuel elements and the primary coolant in a
nuclear reactor as defined in paragraph 1 above.
6.

Nuclear fuel cladding:

Zirconium metal tubes or zirconium alloy of tubes (orassemblies of tubes), especially designed or prepared foruse as fuel cladding in a nuclear reactor as defined inparagraph 1 above, and in quantities exceeding 10 kg.
7.

Primary coolant pumps or circulators:

Pumps or circulators especially designed or preparedfor circulating the primary coolant for a nuclear reactor
as defined in paragraph 1 above.
8.

Nuclear reactor internals:

Nuclear reactor internals especially designed or
prepared for use in a nuclear reactor as defined inparagraph 1 above. This includes, for example, support
columns for the core, fuel channels, calandria tubes,
thermal shields, baffles, core grid plates and diffuser
plates.
9.

10.

Heat exchangers:(a)

Steam generators especially designed or prepared
for the primary, or intermediate, coolant circuitof a nuclear reactor as defined in paragraph 1
above.

(b)

Other heat exchangers especially designed or
prepared for use in the primary coolant circuitof a nuclear reactor as defined in paragraph 1
above.

Neutron detectors:

Especially designed or prepared neutron detectors fordetermining neutron flux levels within the core of a
nuclear reactor as defined in paragraph 1 above.
11.

External thermal shields:

External thermal shields especially designed or
prepared for use in a nuclear reactor as defined inparagraph 1 above for reduction of heat loss and also forcontainment vessel protection.

－18－

12. Plants for the fabrication of nuclear reactor fuelelements, and equipment especially designed or prepared
therefor.
13. 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.

－19－Annex B
Reprocessing of Nuclear Material
Transferred Pursuant to this Agreement andNuclear Material Recovered or Produced as a By-productwithin the Jurisdiction of the Republic of India
1.
The Government of the Republic of India shall notify
the Government of Japan in writing that it has establisheda facility (hereinafter referred to as “the Facility”).
The notification shall contain:(a)the name of the owner or operator of the
Facility;(b)

the name, type and location of the Facility andits planned capacity, as well as the type of
nuclear material involved, the approximate dateof introduction of such nuclear material into the
Facility and the type of activity;(c)

confirmation that in accordance with paragraph 14(a) of the Agreement between the Government ofIndia and the International Atomic Energy Agency
for the Application of Safeguards to Civilian
Nuclear Facilities，done on February 2, 2009 theGovernment of the Republic of India has notified
the Facility to the Agency for the application ofsafeguards by the Agency and that relevant
safeguards arrangements have been agreed inaccordance with the said Agreement, as
supplemented by and as applicable the Protocol
Additional to the said Agreement, done on May 15,
2009; and(d)a statement affirming that the safeguards
arrangements are in accordance with paragraph 6
below, and such information as is available to
the Government of the Republic of India on thesafeguards approach of the Agency that is notclassified as “Safeguards Confidential.”

2.
The Government of Japan shall provide a written
acknowledgement to the Government of the Republic of India
no later than thirty days after receipt of the notificationreferred to in paragraph 1 above. This acknowledgement
shall be limited to a statement that the notification has
been received.

－20－

3.
For the purposes of this Annex, the term “theFacility” means two new national reprocessing facilities,
as well as any additional new national reprocessing
facilities that the Government of the Republic of India
will establish to reprocess nuclear material subject tothis Agreement and any other safeguarded nuclear material
and are dedicated to the reprocessing and, as required,
other alteration in form or content of safeguarded nuclear
material under safeguards by the Agency.
4.
At the request of the Government of the Republic ofIndia, the Parties shall consult with each other to achieve
mutual satisfaction with respect to the addition of new
reprocessing facilities referred to in paragraph 3 above.
Following such consultations, the Parties will pursue thesteps necessary consistent with the laws and regulations inforce in their respective States to permit such a request.
5.
Consistent with the provisions of this Agreement, theGovernment of the Republic of India shall offer the
Facility for the application of safeguards by the Agency inaccordance with the provisions of the Agreement between the
Government of India and the International Atomic Energy
Agency for the Application of Safeguards to Civilian
Nuclear Facilities, done on February 2, 2009 as
supplemented by and as applicable the Protocol Additional
to the said Agreement, done on May 15, 2009. For thetimely detection of withdrawal of safeguarded nuclear
material from civilian use, safeguards measures shall
include, as specified in the Agreement between the
Government of India and the International Atomic Energy
Agency for the Application of Safeguards to Civilian
Nuclear Facilities, done on February 2, 2009 as
supplemented by and as applicable the Protocol Additional
to the said Agreement, done on May 15, 2009, nuclear
material accountancy, design review and verification of the
Facility, report on progress in construction of the
Facility, appropriate containment and surveillance systems,
process monitoring and other measures as may be agreed with
the Agency.
6.
The Government of the Republic of India shall ensurethat the following minimum requirements for the
implementation of safeguards by the Agency at the Facility
are fulfilled:

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(a)

Facility Design(i)Early Provision of Design Information
The Government of the Republic of India
shall co-operate with the Agency byproviding design information of the Facility
at the earliest possible time as provided inparagraph 40 of the Agreement between the
Government of India and the International
Atomic Energy Agency for the Application of
Safeguards to Civilian Nuclear Facilities,
done on February 2, 2009.

(ii)

Effective Design Review and Verification
The Government of the Republic of India
and the operator of the Facility, as
appropriate, shall cooperate with the Agency
in allowing activities for design review andverification of the Facility.

(iii)

Incorporation of Design Features that
Facilitate Safeguards
As may be required by the Agency,
design and operational characteristics ofthe Facility shall enable effective andefficient implementation of safeguards while
precluding design features that would
prevent the effective application ofsafeguards. Examples include, but are notlimited to: installation of vessel
calibration systems; effective methods ofsolution mixing and sampling; andinstallation of independent instruments as
may be necessitated by authentication
concerns.

(b)

Safeguards System Design and Installation(i)

Cooperation with the Agency
The Government of the Republic of India
and the operator of the Facility shallaccommodate the installation and operationof instrumentation of the Agency in the
Facility, including data collection systems,
authentication systems and tamper-indicating
devices.

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(ii)

System of Accounting and Control Capable ofProviding Accurate and Timely Data
The Government of the Republic of India
and the operator of the Facility shallmaintain at the Facility, a comprehensive
and accurate nuclear material accountancy
and control system that conforms tostandards of the Agency in accordance withthe provisions of the Agreement between the
Government of India and the International
Atomic Energy Agency for the Application of
Safeguards to Civilian Nuclear Facilities,
done on February 2, 2009 as supplemented by
and as applicable the Protocol Additional to
the said Agreement, done on May 15, 2009, sothat accurate and timely declarations can bemade to the Agency. A system of inventory
records and reports shall be maintained foreach material balance area. An effective
system for measurement control shall beutilised.

(iii)

In-Process Material Measurement
The Government of the Republic of India
and the operator of the Facility shallcooperate with the Agency to enable theAgency to provide at the Facility
measurement capabilities that the Agency
considers as necessary to cover all major
in-process nuclear material inventories
during operation of the Facility.

(iv)

Process Monitoring Data
If desired by the Agency, theGovernment of the Republic of India and theoperator of the Facility shall provide to
the Agency access to safeguards relevant
operator data, such as authenticated processcontrol data in accordance with theprovisions of the Agreement between the
Government of India and the International
Atomic Energy Agency for the Application of
Safeguards to Civilian Nuclear Facilities,
done on February 2, 2009 as supplemented by
and as applicable the Protocol Additional to
the said Agreement, done on May 15, 2009.

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(v)

On-site Laboratory
The Facility design shall incorporate
an on-site laboratory, if the Agency sorequests, to perform analysis of processsamples including destructive analysis
required by the safeguards approach of the
Agency at the Facility. The Agency shall bepermitted to set up and operate thatlaboratory.

(vi)

Containment and Surveillance Systems
The Facility design shall take into
account the use of containment andsurveillance systems in accordance with thepractices and procedures of the Agency, as
required for the effective implementation ofsafeguards, and the Agency shall bepermitted to maintain such systems at the
Facility.

(c)Safeguards Implementation(i)

Verification of Accountancy Records
The Agency shall be permitted to carryout regular verification of nuclear material
accountancy records and reports.

(ii)

Remote Data Transmissions
The Agency, if it considers it
efficient for the purpose of safeguards
implementation, may use remote transmission,in accordance with the provisions of theProtocol Additional to the Agreement between
the Government of India and theInternational Atomic Energy Agency for the
Application of Safeguards to Civilian
Nuclear Facilities, done on May 15, 2009 ofauthenticated data to enable more frequent
data analysis.

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(iii)

Data Authentication
The Parties recognise the importance of
reliable instrumentation for the purpose oftimely and accurate safeguards related data,and of data authentication for safeguards
implementation. The Government of the
Republic of India and the operator of the
Facility shall cooperate with the Agency toapply adequate authentication methods todata and samples collected for safeguards
purposes.

(iv)

Access and Transparency
The Government of the Republic of India
and the operator of the Facility shallprovide sufficient access to the Agency toinstall and maintain safeguards equipment,
and to inspect the complete process activityof the operator, including sample-taking, tothe extent required for safeguards
implementation and maintain a complete
understanding of the Facility.

(v)

Annual Cleanout Inventory
Nuclear material shall be removed fromprocess lines annually in order to make itavailable, to the extent practicable, for
accurate physical inventory verification by
the Agency.

(vi)

Anomaly Resolution
The Government of the Republic of India
and the operator of the Facility shallcooperate with the Agency to resolve
anomalies, if any, including material
accounting anomalies, in a timely fashion.

7.
Any special fissionable material that may be separated
by reprocessing subject to the conditions as specified inthis Annex shall be stored and utilised in national
facilities in the Republic of India under the safeguards by
the Agency.

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