AGREEMENTBETWEEN THE GOVERNMENT OF JAPAN AND
THE GOVERNMENT OF THE UNITED ARAB EMIRATESFOR COOPERATION IN THE PEACEFUL USES OF NUCLEAR ENERGYAGREEMENTBETWEEN THE GOVERNMENT OF JAPAN AND
THE GOVERNMENT OF THE UNITED ARAB EMIRATESFOR COOPERATION IN THE PEACEFUL USES OF NUCLEAR ENERGYThe Government of Japan and the Government of theUnited Arab Emirates (hereinafter referred to as “theParties”);
Considering that both Japan and the United ArabEmirates are parties to the Treaty on the Non-Proliferationof Nuclear Weapons, done on July 1, 1968 (hereinafterreferred to as “the Non-Proliferation Treaty”);
Recognizing that both Japan and the United ArabEmirates are members of the International Atomic Energy
Agency (hereinafter referred to as “the Agency”);
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
March 4, 1977 as supplemented by the Protocol Additional to
the said Agreement, done on December 4, 1998 (hereinafterreferred to as “the Safeguards Agreement for Japan”);
Noting also that safeguards by the Agency are appliedin the United Arab Emirates in accordance with theAgreement between the United Arab Emirates and theInternational Atomic Energy Agency for the Application of
Safeguards in Connection with the Treaty on the NonProliferation of Nuclear Weapons, done on December 15, 2002
as supplemented by the Protocol Additional to the said
Agreement, done on April 8, 2009 (hereinafter referred toas “the Safeguards Agreement for the United ArabEmirates”);
Recognizing also the commitment of the United ArabEmirates embodied in its March 2008 White Paper entitled“Policy of the United Arab Emirates on the Evaluation and
Potential Development of Peaceful Nuclear Energy”,
including the commitment to renounce the development ofdomestic enrichment and reprocessing capabilities;
Reaffirming the commitment of the Parties to pursue
peaceful uses of nuclear energy in a manner ensuring
nuclear non-proliferation, nuclear safety and nuclear
security; and1

Desiring to promote cooperation between the two Statesin the field of the peaceful uses of nuclear energy;
Have agreed as follows:
ARTICLE 1
For the purposes of this Agreement:(a)

The term “authorized person” means any individual
or entity within the jurisdiction of the State ofa Party and authorized by that Party to cooperate
under this Agreement, including to supply or
receive nuclear material, material, equipment andtechnology, 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 agreed to by theParties; and such other substances as may be
agreed to 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 agreed to by
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;

2

(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 agreed in writing by the Parties. This
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. It
may also take the form of technical assistancewhich 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 agree as produced
from the use of technology transferred pursuant
to this Agreement;(j)

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

3

(k)

(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 agree asderived from the use of technology
transferred pursuant to this Agreement; andThe term “unclassified information” means
information not classified as restricted,
confidential, secret or top secret by either of
the Parties.
ARTICLE 2

1.
Cooperation under this Agreement for the promotion anddevelopment of the peaceful non-explosive uses of nuclear
energy in the two States may be undertaken in the following
ways:
(a)

exchange of experts;(b)exchange of unclassified information, including
information relating to nuclear safety, on suchterms as may be agreed between the Parties,
between authorized persons of the Parties, or
between either Party and authorized persons of
the other Party;(c)supply from a Party or its authorized persons to
the other Party or its authorized persons of
nuclear material, material, equipment andtechnology on such terms as may be agreed between
the supplier and the recipient;(d)provision of services by a Party or its
authorized persons and receipt of services by theother Party or its authorized persons on matterswithin the scope of this Agreement on such terms
as may be agreed between the supplier and therecipient; and(e)other ways as may be agreed by the Parties.

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

exploration and exploitation of uranium
resources;

4

(b)

design, construction and operation of light water
reactors;(c)safety of light water reactors;(d)radioactive waste processing and disposal;(e)radiation protection and environmental
monitoring;(f)study on and application of radio-isotopes andradiation; and(g)other areas as may be agreed by the Parties.

3.
Notwithstanding the provisions of paragraphs 1 and 2of this Article, technology for and equipment for uranium
enrichment, spent nuclear fuel reprocessing, conversion of
plutonium and production of material and plutonium shallnot be transferred under this Agreement.
ARTICLE 3
Cooperation between the Parties as specified in
Article 2 of this Agreement shall be subject to theprovisions of this Agreement and the laws and regulations
in force in their respective States, and shall require, inthe case of cooperation envisaged in sub-paragraph (c) of
paragraph 1 of the said Article, acceptance of theapplication of safeguards by the Agency:(a)with respect to all nuclear material in all
nuclear activities within Japan, when therecipient is the Government of Japan or its
authorized persons. Implementation of the
Safeguards Agreement for Japan shall beconsidered as fulfilling this requirement; and(b)with respect to all nuclear material in all
nuclear activities within the United ArabEmirates, when the recipient is the Government of
the United Arab Emirates or its authorized
persons. Implementation of the Safeguards
Agreement for the United Arab Emirates shall beconsidered as fulfilling this requirement.
ARTICLE 4

1.
Cooperation under this Agreement shall be carried out
only for peaceful and non-explosive purposes.

5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 5
1.
To ensure the fulfillment of the obligations arisingunder Article 4 of this Agreement, nuclear materialtransferred between the two States, whether directly or
through a third State, pursuant to this Agreement andnuclear material recovered or produced as a by-product:(a)while within Japan, shall be subject to the
Safeguards Agreement for Japan; and(b)while within the United Arab Emirates, shall be
subject to the Safeguards Agreement for theUnited Arab Emirates.

2.
In the event that for any reason the Agency does not
apply safeguards as required by paragraph 1 of this
Article, the Parties shall, in view of the vital importancefor nuclear material transferred pursuant to this Agreement
and nuclear material recovered or produced as a by-productto remain permanently subject to safeguards, forthwith
consult to take rectifying measures and, in the absence ofsuch 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 1 of this
Article.
ARTICLE 6
1.
In implementing the provisions of this Agreement,
Japan and the United Arab Emirates shall act in conformity
with the provisions of the Convention on Early Notificationof a Nuclear Accident, adopted on September 26, 1986, theConvention on Assistance in the Case of a Nuclear Accident
or Radiological Emergency, adopted on September 26, 1986,
the Convention on Nuclear Safety, adopted on June 17, 1994
and the Joint Convention on the Safety of Spent FuelManagement and on the Safety of Radioactive Waste
Management, done on September 5, 1997.

6

2.
In respect of facilities in which nuclear material,material, equipment or technology subject to this Agreement
is located or used, the Parties may make mutuallysatisfactory arrangements for the implementation of
measures to ensure the safety of such facilities.
ARTICLE 7
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 United Arab Emirates shall act in conformity with theprovisions of the Convention on the Physical Protection of
Nuclear Material, opened for signature on March 3, 1980.
3.
Japan and the United Arab Emirates shall respectively
take appropriate measures in accordance with the provisionsof the International Convention for the Suppression of Actsof Nuclear Terrorism, opened for signature on September 14,
2005.
ARTICLE 8
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 9
Nuclear material transferred pursuant to thisAgreement and nuclear material recovered or produced as aby-product shall not be enriched or reprocessed within thejurisdiction of the United Arab Emirates.

7

ARTICLE 10
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
authorized person of the receiving Party.
2.
Nuclear material, material, equipment and technology
subject to this Agreement shall no longer be subject tothis 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 agree that such nuclear material,material, equipment or technology shall no 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 3 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 11

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.

8

2.
In the event that either Party considers that the
dispute arising out of the interpretation or application ofthis Agreement cannot be settled by negotiation, mediation,
conciliation or other similar procedure, and after thirtydays of the delivery of the initial request for
consultations, the dispute shall be submitted at therequest of either Party to arbitration for a binding award
by a tribunal in accordance with this Agreement andapplicable rules of international law. The Arbitration
Rules of the United Nations Commission on International
Trade Law as revised on August 15, 2010 shall apply mutatis
mutandis, except as modified by paragraph 3, 4 and 5 ofthis Article or an agreement by the Parties.
3.
Unless the Parties otherwise agree, the tribunal shallbe composed of three arbitrators, two arbitrators
designated by each Party respectively and the third, whoshall be the presiding arbitrator and shall be a nationalof a third State which is a non-nuclear-weapon State Party
to the Non-Proliferation Treaty, elected by agreement of
the two arbitrators. If, within thirty days of the request
for arbitration, either Party has not designated anarbitrator, either Party may request the President of theInternational Court of Justice to appoint an arbitrator.
The same procedure shall apply if, within thirty days ofthe designation or appointment of the second arbitrator,
the third arbitrator has not been elected, provided thatthe third arbitrator so appointed shall be a national of athird State which is a non-nuclear-weapon State Party to
the Non-Proliferation Treaty. A majority of the members of
the tribunal shall constitute a quorum, and all awards
shall require the concurrence of a majority of the membersof the tribunal. The arbitral procedure shall be fixed bydecisions of the tribunal. The awards of the tribunal
shall be binding on the Parties.
4.
Expenses incurred by the arbitrators, and other costsof the proceedings, shall be borne equally by the Parties.
However, the tribunal may, in its discretion, decide that ahigher proportion of the expenses and the costs be borne by
one of the Parties.
5.
When the Parties express their common views on theinterpretation of this Agreement, such views shall bebinding on the tribunal, and any award issued by thetribunal shall be consistent with such views.
ARTICLE 12
1.
If the United Arab Emirates or Japan at any time
following entry into force of this Agreement:

9

(a)

materially violates the provisions of Article 4,5, 6, 7, 8 or 9 of this Agreement, or the awardsof the arbitral tribunal referred to in Article
11 of this Agreement; or(b)terminates or materially violates its Safeguards
Agreement with the Agency referred to in Article
3 of this Agreement,

the Government of Japan or the Government of the United
Arab Emirates respectively shall have the right to cease
further cooperation under this Agreement in whole or in
part; to require the return, pursuant to paragraph 4 ofthis Article, of any nuclear material, material andequipment transferred pursuant to this Agreement; and toterminate this Agreement by giving ninety days written
notice, regardless of the provisions of paragraph 2 ofArticle 14 of this Agreement.
2.
If the United Arab Emirates or Japan detonates anuclear explosive device, the Government of Japan or theGovernment of the United Arab Emirates respectively shallhave the right specified in paragraph 1 of this Article.
3.
In determining whether to exercise its rights underparagraph 1 of this Article based on a material violation,a Party shall consider whether the facts giving rise to theright to take such action in accordance with paragraph 1
were caused deliberately. In the event that the Party
finds such material violation not to be deliberate, and to
the extent that the Party judges that such material
violation can be rectified, the non-breaching Party shallendeavor, subject to its laws and regulations, to afford
the breaching Party an opportunity to cure the violation
within a reasonable period.
4.
If either Party exercises its right under this Article
to require the return of any nuclear material, material andequipment transferred pursuant to this Agreement, it shallcompensate the other Party or the persons concerned for thefair market value thereof.
ARTICLE 13
The Annexes to this Agreement form an integral part ofthis Agreement. The Annexes may be modified by anagreement in writing between the Parties without amendmentof this Agreement.

10

ARTICLE 14
1.
This Agreement shall enter into force on the thirtieth
day after the date on which the Parties exchange diplomatic
notes informing each other that their respective internal
procedures necessary for entry into force of this Agreement
have been completed.
2.
This Agreement shall remain in force for a period oftwenty years, and shall be automatically extended for fiveyear 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, Article 1,
Articles 4 to 9, paragraph 2 of Article 10 and Articles 11
and 12 of this Agreement shall continue in effect until
such time as nuclear material, material, equipment or
technology subject to this Agreement is no longer subject
to this Agreement pursuant to paragraph 2 of Article 10 ofthis Agreement.
In witness whereof the undersigned, being duly
authorized by their respective Governments, have signed
this Agreement.
Done at Dubai on the second day of May, 2013 induplicate in the English language.

For the Government of Japan:

For the Government of
the United Arab Emirates:

加茂佳彦

Hamad Al Kaabi

11

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 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 greater than
1.50g/cm3 for use in a nuclear reactor as defined inparagraph 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 latter being
defined as reactors with a designed maximum rate ofproduction 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 in a nuclear
reactor as defined in paragraph 1 above.

12

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 inany 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 isless 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 the core,fuel channels, thermal shields, baffles, core grid 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 andmeasuring instruments for determining neutron flux levels
within the core of a nuclear reactor as defined inparagraph 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.

13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, andprior 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, andprior 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 unauthorized 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, unauthorizedaccess or unauthorized removal of the nuclear material
concerned.

14

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.

15

TABLE:

CATEGORIZATION OF NUCLEAR MATERIAL

NuclearMaterial

Form

1. Plutonium(a)Unirradiated(b)2. Uranium-235

Unirradiated(b)-uranium
enriched to
20% 235U or
more

Category I

Category II

Category
III(c)

2kg ormore

Less than
2kg but
more than
500g

500g orless but
more than
15g

5kg ormore

Less than
5kg but
more than
1kg

1kg orlessbut morethan 15g

10kg ormore

Less than
10kg but
more than
1kg-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 ormore

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

500g orless but
more than
15g

Depleted or
naturaluranium,thorium or
lowenrichedfuel (lessthan 10%fissilecontent)(d)/(e)(a)

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

16

(b)

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

(c)Quantities not falling in Category III and naturaluranium, depleted uranium and thorium should beprotected at least in accordance with prudent management
practice.

(d)

Although this level of protection is recommended, itwould be open to a Party, upon evaluation of thespecific circumstances, to assign a different categoryof physical protection.

(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 the fuel exceeds 1 Gy/hr(100 rads/hr) at one meter unshielded.

17