TREATIES AND OTHER INTERNATIONAL ACTS SERIES 17-124.1

________________________________________________________________________

SCIENTIFIC AND TECHNICAL COOPERATION

Nonproliferation 

Protocol Between the 

UNITED STATES OF AMERICA

and OTHER GOVERNMENTS

Amending the Agreement of

October 25, 1993

Signed at Kyiv July 7, 1997

with

Agreement

Signed at Kiev October 25, 1993
 

NOTE BY THE DEPARTMENT OF STATE

 Pursuant to Public Law 89—497, approved July 8, 1966

(80 Stat. 271; 1 U.S.C. 113)—

“. . .the Treaties and Other International Acts Series issued

under the authority of the Secretary of State shall be competent

evidence . . . of the treaties, international agreements other than

treaties, and proclamations by the President of such treaties and

international agreements other than treaties, as the case may be, 

therein contained, in all the courts of law and equity and of maritime

jurisdiction, and in all the tribunals and public offices of the

United States, and of the several States, without any further proof

or authentication thereof.”
 

 MULTILATERAL

 Scientific and Technical Cooperation: 

 Nonproliferation 

 Protocol amending the agreement

 of October 25, 1993.

 Signed at Kyiv July 7, 1997;

 Entered into force January 24, 2017.

 With agreement signed at Kiev 

 October 25, 1993;

 Entered into force July 16, 1994. 
.PROTOCOL 

to Amend the Agreement to Establish 


a Science and Technology Center in Ukraine 


Canada, Sweden, Ukraine and the United State~ of America · . . ' 

Acting in accordance with Article XV(B} of the· Agreement to 

Establish a Science and Technology Center Jn Ukraine signed on 

October 25, 1993 at Kiev (the 1993 Agreement), 

Have agreed as follows: 

Article I 

Article XII (A) of the 1993 Agreement is hereby amended to read: 

Personnel of the Parties who are· present in Ukraine in 

connection with the Center or its projects and activities shall be 

accorded by the Government of Ukraine status equivafent to that 

accorded to adminjstrative and technical staff under the Vienna 

Convention on Diplomatic Relations of April 18, 1961. 

Article II 

Article Xlll of the 1993 Agreement is hereby amended to read:· 

Any state, or the European Communities, destring to become a 

Party to this Agreement1 shalt notify the Governing Board through 

the Executive Director. The Governing Board shall provide such a 

state, or the European Communities, with certified copies of this 

Agreement through the Executive Director. Upon approval by the 

Governing Board, that state, or the European CoJ~munities, shall be 

permitted to accede to this Agreement. In the event that a state or 

states of the former Soviet Union accede to this Agreement, that 

state or those states shall comply with the obligations undertaken 

by the Government of Ukraine in.Articles Vlll, lX(C) and X-Xll. . 
Article Ill 

A} This Protocol shall be provlsionally applied upon signature 

by all Par.ties to the 1993 Agreement. 

B) Each sign.atory shall notify the others- through diplomatic 

channels that it has completed all internal proce.dures necessary to 

be bound py this Protocol. 

C} This Protocol shall enter into force upon the ·date of the last 

notification described in paragraph (B) above. 

IN WITNESS WHEREOF the undersigned, being duly authorized 

thereto, have signed this Protocol. 

DONE at Kyiv, on Jut..Y. i ,1997, in a single original, in the 

English, French and Ukrainian languages, .each text being equally 

authentic. 

FOR CANADA: 

FOR THE KINGDOM OF SWEDEN~ 

FOR UKRAINE: 

flldk/#' 

r~ 6lfbr M 

FOR THE UNITED STATES OF AMERICA: 

NOTE: English text will be printed in this publication.
AGREEMENT 

TO ESTABLISH A 

SCIENCE AND TECHNOLOGY CENTER 

IN UKRAINE 

Canada, Sweden, Ukraine, and The United States of America: 

Reaffirming the need to prevent the proliferation of 

technologies and expertise related to weapons of mass destruction nuclear, chemical, and biological weapons; 

Taking note of the present critical period in the states of the 

former Soviet Union, a period that includes the transition to a market economy, the developing process of disarmament, and the 

conversion of industrial-technical potential from military to 

peaceful endeavors; 

Recognizing, in this context, the need to create an international Science and Technology Center in Ukraine that 

would minimize incentives to engage in activities that could 

result in such proliferation, by supporting and assisting the 

activities for peaceful purposes of weapons scientists and 

engineers in Ukraine and, if interested, in other states of the 

former Soviet Union; 

Responding to the need to contribute, through the Center's 

projects and activities, to the transition of the states of the 

former Soviet Union to market-based economies and to support 

research and de~elopment for peaceful purposes; 

Desiring that Center projects provide impetus and support to 

participating scientists and engineers in developing long-term care~r opportunities, which will strengthen the scientific 

research and development capacity of Ukraine; and 

Realizing that the success of the Center will require strong 

support from governments, foundations, academic and scientific 

institutions, and other inter-governmental and non-governmental 

entities; 

Have agreed as follows: 
- 2 ­

ARTICLE I 

The Science and Technology Center in Ukraine (hereinafter 

referred to as the •center•) is hereby established as an intergovernmental organization. Each Party shall facilitate, 

in its territory, the activities of the Center. In order to 

achieve its objectives, the Center shall have, in accordance 

with the laws and regulations of the Parties, the legal 

capacity to contract, to acquire and dispose of irrunovable and 

movable property, and to institute and respond to legal 

proceedings. 

ARTICLE II 

(A) The Center shall develop, approve, finance, and monitor 

science and technology projects for peaceful purposes, which are to be carried out primarily at institutions and facilities 

located in Ukraine and, if interested, in other states of the 

former Soviet Union. 

(B) The objectives of the Center shall be: 

(i) To give weapons ~cientists and engineers, particularly 

those who possess knowledge and skills related to weapons 

of mass destruction or missile delivery systems, in Ukraine 

and, if interested, in other states of the former Soviet 

Union, opportunities to redirect their talents to peaceful 

activities; and 

(ii) To contribute thereby through its projects and 

activities: to the solution of national or international 

technical problems; and to the wider goals of reinforcing 

the transition to market-based economies responsive to 

civil needs, of supporting basic and applied research and 

technology development, .a.l.iJl.., in the fields of 

environmental protection, energy production, and nuclear 

safety, and the remediation of the consequences of nuclear 

power reactor accidents, and of promoting the further 

integration of scientists of Ukraine and the former Soviet 

Union into the international scientific corrununity. 

ARTICLE III 

In order to achieve its objectives, the Center is authorized to: 

(i) Promote and support, by use of funds or otherwise, 

science and technology projects in accordance with Article 

II of this Agreement; 

(ii) Monitor and audit Center projects in accordance with 

Article VIII of this Agreement; 
- 3 ­

(iii) Disseminate information, as appropriate, to promote 

its projects, encourage proposals, and broaden 

international participation; 

(iv) Establish appropriate forms of cooperation with 

governments, inter-governmental organizations, 

non-governmental organizations (which shall, for the . purposes of this Agreement, include the private sector), 

and programs; 

(v) Receive funds or donations from governments, 

inter-governmental organizations, and non-governmental 

organizations; 

(vi) Establish branch offices as appropriate; and 

(vii) Engage in other activities as may be agreed upon by 

the Parties. 

ARTICLE IV 

(A) The Center shall have a Governing Board and a Secretariat, 

consisting of an Executive Director, Deputy Executive 

Directors, and such other staff as may be necessary, in 

accordance with the Statute of the Center. 

(B) The Governing Board shall be responsible for: 

(i) Determining the Center's policy and its own rules of 

procedure; 

(ii) Providing overall guidance and direction to the 

Secretariat; 

(iii) Approving the Center's operating budget; 

(iv) Governing the financial and other affairs of the 

Center, including approving procedures for the preparation 

of the Center's budget, drawing up of accounts, and 

auditing thereof; 

(v) Formulating general criteria and priorities for the 

approval of projects; 

(vi) Approving projects in accordance with Article VI; 

(vii) Adopting the Statute and other implementing 


arrangements as necessary; and 

- 4 ­

(viii) Other functions assigned to it by this Agreement or necessary for the implementation of this Agreement. 

Decisions of the Governing Board shall be by consensus of all 

Parties on the Board, subject to conditions and terms 

determined pursuant to Article V, except as provided otherwise 

in this Agreement. 

(C) Each of the signatory Parties shall be represented by a 
 single vote on the Governing Board. Each shall appoint one 
 representative to the Governing Board within seven (7) days 


after entry into force of this Agreement. 


(D) The Governing Board shall adopt a Statute in 

implementation of this Agreement. The Statute shall establish: 

(i) The structure of the Secretariat; 

(ii) The process for selecting, developing, approving, 

financing, carrying out, and monitoring projects; 

(iii) The process by which the Executive Director shall 

obtain scientific and other necessary professional advice 

with regard to proposed projects directly from 

international experts; 

(iv) Procedures for the preparation of the Center's budget, 

drawing up of accounts, and auditing thereof; 

(v) Appropriate guidelines on intellectual property rights 

resulting from Center projects and on the dissemination of 

project results; 

(vi) Procedures governing the participation of governments, 

inter-governmental organizations, and non-governmental 

organizations in Center projects; 

(vii) Provision for allocating the Center's property upon 

termination of this Agreement or withdrawal of a Party; 

(viii) Personnel policies; and 

(ix) Other arrangements necessary for the implementation of 

this Agreement. 

ARTICLE V 

The Governing Board shall have the discretion and exclusive 

power to expand its membership to include representatives 
- 5 ­

appointed by Parties that accede to this Agreement, on such 

conditions and terms as the Board may determine. Parties not 

represented on the Governing Board and inter-governmental and 

non-governmental organizations may be invited to participate in 

Board deliberations, in a non-voting capacity. 

ARTICLE VI 

Each project submitted for approval by the Governing Board 

shall be accompanied by the written concurrence of the state(s) 

in which the work is to be carried out. In addition to the 

prior concurrence of that state(s), the approval of projec.ts 

shall require the consensus of Parties on the Governing Board 

other than any state eligible for projects under Article 

II(A). (Such consensus shall be subject to the conditions and 

terms determined pursuant to Article V.) 

ARTICLE VII 

(A) Projects approved by the Governing Board may be financed or supported by the Center, or by governments, 

inter-governmental organizations, or non-governmental 

organizations, directly or through the Center. Such financing 

and support of approved projects shall be provided on terms and 

conditions specified by those providing it, which shall be 

consistent with this Agreement. 

(B) Representatives of the Parties on the Board and personnel 

of the Center Secretariat shall be ineligible for project 

grants and may not directly benefit from any project grant. 

ARTICLE VIII 

(A) The Center shall have the right, within Ukraine or other 

states of the former Soviet Union that accede to this Agreement: 

(i) To examine on-site Center project activities, 

materials, supplies, use of funds, and project-related 

services and use of funds, upon its notification or, in 

addition, as specified in a project agreement; and 

(ii) To inspect or audit, upon its request, any 

information, including records or documents, in connection 

with Center project activities and use of funds, wherever 

such records or documentation are located, during the 

period in which the Center provides the financing, and for a period thereafter as determined in the project agreement. 

The written concurrence required in Article VI shall include 

the agreement, of both the state of the former Soviet Union in 
- 6 ­

which the work is to be carried out and the recipient 


institution, to provide the Center with access necessary for 


auditing and monitoring the project, as required by this 


paragraph. 


(B) Any Party represented on the Governing Board shall also 

have the rights described in paragraph (A), coordinated through 

the Center, with regard to projects it finances in whole or in 

part, either directly or through the Center. 

(C) If it is determined that the terms and conditions of a project have not been respected, the Center or a financing 

government or organization may, having informed the Board of 

its reasons, terminate the project and take appropriate steps 

in accordance with the terms of the project agreement. 

ARTICLE IX 

(A) The Headquarters of the Center shall be located in Ukraine. 

(B) By way of providing material support to the Center, the 

Government of Ukraine shall provide at its own expense a facility suitable for use by the Center, along with 

maintenance, utilities, and security for the facility. 

(C) In Ukraine, the Center shall have the status of a legal 

person and, in that capacity, shall be entitled to contract, to 

acquire and dispose of immovable and movable property, and to 

institute and respond to legal proceedings. 

ARTICLE X 

The Government of Ukraine shall ensure that: 

(i)(a) Funds and property of the Center or any branch 

thereof, including any interest arising from keeping funds 

in banks in Ukraine, are exempt from taxation or other 

charges imposed by the Government of Ukraine and any 

subdivision thereof; · 

(b) Commodities, supplies, and other property provided or utilized in connection with the Center and its projects 

and activities may be imported into, exported from, or used 

in Ukraine free from any tariffs, dues, customs duties, 

import taxes, and other similar taxes or charges imposed by 

Ukraine. In order to receive exemptions under this 

paragraph, commodities, supplies, and other property must 

either be specified in a project agreement or be certified 

by the Executive Director as items to be used by the Center 
7 ­

or in a Center project. The procedures for such 

certifications shall be described in the Statute; 

(c) Funds received by natural and legal persons, 

including Ukrainian scientific organizations or scientists 

and specialists, in connection with the Center's projects 

and activities, shall not be subject to taxation or other 

charges by the Government of Ukraine or any subdivision 

thereof; 

(ii)(a) The Center, governments, inter-governmental 

organizations, and non-governmental organizations shall 

have the right to move funds related to the Center and its 

projects or activities, other than the local currency in 

Ukraine, into or out of Ukraine without restriction, each 

in amounts not to exceed the total amount it moved into 

Ukraine; 

(b) To finance the Center and its projects and 

activities, the Center shall be entitled, for itself and on behalf of the entities referred to in subparagraph (ii)(a), 

to sell foreign currency in Ukraine. 

ARTICLE XI 

(A) The Parties shall closely cooperate in order to facilitate 

the settlement of legal proceedings and claims under this 

Article. 

(B) Unless otherwise agreed, the Government of Ukraine shall, 

in respect of legal proceedings and claims by Ukrainian 

nationals or organizations, other than contractual claims, 

arising out of the acts or omissions of the Center or its 

personnel done in the performance of the Center's activities: 

(i) Not bring any legal proceedings against the Center and 

its personnel; 

(ii) Assume responsibility for dealing with legal 

proceedings and claims brought by the aforementioned 

against the Center and its personnel; and 

(iii) Hold the Center and its personnel harmless in respect 

of legal proceedings and claims referred to in subparagraph 

(ii) above. 

(C) The provisions of this Article shall not prevent 

compensation or indemnity available under applicable 

international agreements or national law of any state. 
- 8 ­

(D) Nothing in paragraph (B) shall be construed to prevent 


legal proceedings or claims against Ukrainian nationals. 


ARTICLE XII 

(A) Personnel of the United States Government, Canadian 


Government, and Swedish Government who are present in Ukraine 


in connection with the Center or its projects and activities 


shall be accorded by the Government of Ukraine status 


equivalent to that accorded to administrative and technical 


staff under the Vienna Convention on Diplomatic Relations of 


April 18, 1961. 


(B) Personnel of the Center shall be accorded by the 


Government of Ukraine the following privileges and immunities, 


which usually accord to employees of international 


organizations, to wit: 


(i) Immunity from arrest, detention, and legal proceedings, 

including criminal, civil and administrative jurisdiction 

with regard to words said or written by themselves or any 

acts performed in the course of their official duties; 

(ii) Exemption from any income, social security, or other 

taxation duties, customs duties, or other charges on income 

derived from Center activities, except those that are normally incorporated in the price of goods or paid for 

services rendered; 

(iii) Immunity from social security provisions, immigration 

restrictions, and alien registration; and 

(iv) The right to import their furniture and personal 

effects, at the time of first taking up their post, free of 

any Ukrainian tariffs, dues, customs duties, import taxes, 

and other similar taxes or charges. 

(C) Representatives of the Parties on the Governing Board, the 

Executive Director, and the Deputy Executive Directors shall be 

accorded by the Government of Ukraine, in addition to the 

privileges and immunities listed in paragraphs (A) and (B) of 

this Article, the privileges, immunities, exemptions, and 

facilities accorded to representatives of members and executive 

heads of international organizations in accordance with 

international law. 

(D) Any Party may notify the Executive Director of any person, 

other than those in paragraphs (A) and (C), who will be in 

Ukraine in connection with the Center's projects and 

activities. A Party making such a notification shall inform 

such persons of their duty to respect the laws and regulations 
- 9 ­

of Ukraine. The Executive Director shall notify the Government 

of Ukraine, which shall accord to such persons the privileges 

described in subparagraphs (ii)-(iv) of paragraph (B) of this 

Article. 

(E) Nothing in this Article shall require the Government of 

Ukraine to provide the privileges and immunities provided in 

paragraphs (A), (B), and (C) of this Article to its nationals. 

(F) Without prejudice to the privileges, immunities, and other 

benefits provided above, it is the duty of all persons enjoying 

privileges, immunities, and benefits under this Article to 

respect the laws and regulations of Ukraine. 

(G) Nothing in this Agreement shall be construed to derogate 


from privileges, immunities, and other benefits granted to 


personnel described in paragraphs (A) to (D) under other 


agreements. 


ARTICLE XIII 

Any state desiring to become Party to this Agreement shall 

notify the Governing Board through the Executive Director. The 

Governing Board shall provide such a state with certified 

copies of this Agreement through the Executive Director. Upon 

approval by the Governing Board, that state shall be permitted 

to accede to this Agreement. In the event that a state or states of the former Soviet Union accede to this Agreement, 

that state or those states shall comply with the obligations 

undertaken by the Government of Ukraine in Articles VIII, 

IX(C), and X-XII. 

ARTICLE XIV 

Although nothing in this Agreement limits the rights of the 

Parties to pursue projects without resort to the Center, the 

Parties shall make their best efforts to use the Center when 

pursuing projects of character and objectives appropriate to 

the Center. 

ARTICLE XV 

(A) This Agreement shall be subject to review by the Parties 

two years after entry into force. This review shall take into 

account the financial commitments and payments of the Parties. 

(B) This Agreement may be amended at any time by written 

agreement of all the Parties. 

(C) Any Party may withdraw at any time from this Agreement six 

months after written notification to the other Parties. 
- 10 ­

ARTICLE XVI 

Any question or dispute relating to the application or interpretation of this Agreement shall be the subject of 

consultation between the Parties. 

ARTICLE XVII 

With a view to financing projects as soon as possible, the 

Signatories shall establish necessary interim procedures until 

the adoption of the Statute by the Governing Board. These 

shall include, in particular, the appointment of an Executive 

Director and necessary staff and the establishment of 

procedures for the submission, review, and approval of projects. 

ARTICLE XVIII 

(A) Each Signatory shall notify the others through diplomatic 

channels that it has completed all internal procedures 

necessary to be bound by this Agreement. 

(B) This Agreement shall enter i~to force upon the thirtieth 

(30th) day after the date of the last notification described in 

paragraph (A). 

IN WITNESS WHEREOF the undersigned, being duly authorized 

thereto, have signed this Agreement. 

DONE at /(;·ei/ , on 2S' Ocfe)f?/( , 1993, 

in a single original, in the English, French, and Ukrainian 

languages, each text being equally authentic. 

NOTE: English text will be printed in this publication.
- 11 ­

FOR CANADA: 

FOR THE KINGDOM OF SWEDEN: 

~( 

FOR UKRAINE: 

FOR TEE UNITED STATES OF AMERICA: