TREATIES AND OTHER INTERNATIONAL ACTS SERIES 13054 

________________________________________________________________________ 

ATOMIC ENERGY 

Cooperation 

 Agreement Between the 

UNITED STATES OF AMERICA 

and OTHER GOVERNMENTS 

 Effected by Exchanges of Notes 

Dated at Washington July 21, 1999 

with 

Annex 

and 

Related Side Letter 
 

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 

 Atomic Energy: Cooperation 

Agreement effected by exchanges of notes 

Dated at Washington July 21, 1999; 

Entered into force May 1, 2000. 

With annex. 

And related side letter. 
The Department of State refers to the German

Embassy's Note dated July 21, 1999 concerning

cooperation between the Governments of the Federal

Republic of Germany, the Kingdom of the Netherlands,

and the United Kingdom of Great Britain and Northern

Ireland (hereinafter referred to as the Troika) and

the Government of the United States of America (the

four Governments hereinafter referred to as the

Parties) concerning cooperation between the Troika and

the Government of the United States of America on the

application of non-proliferation assurances to low

enriched uranium transferred from the Troika countries

to the United States for fabrication into fuel and

retransfer to Taiwan for use in Taiwan's light water

nuclear reactor programs. The Government of the

Federal Republic of Germany proposed that the terms

and conditions set forth in the Annex to that Note

shall govern that cooperation.

The Department of State confirms that the

Government of the Federal Republic of Germany's

proposal is acceptable to the Government of the United
States of America and that the Embassy's Note,

including its Annex, and this reply, together with the

equivalent exchanges of Notes between the Governments

of the Kingdom of the Netherlands and the United

Kingdom on the one hand and the Government of the

United States of America on the other, shall

constitute an

Agreement among the Parties, which shall enter into

force on the first day of the second month following

the date on which the last of the Troika countries has

informed the Department of State that the national

requirements for the entry into force of the Agreement

have been fulfilled and which shall remain in force

indefinitely, unless terminated by any Party upon six

months' written notice to the other Parties.

2

Department of State

Washington, July 21, 1999
The Department of State refers to the Royal

Netherlands Embassy's Note dated July 21, 1999

concerning cooperation between the Governments of the

Federal Republic of Germany, the Kingdom of the

Netherlands, and the United Kingdom of Great Britain

and Northern Ireland (hereinafter referred to as the

Troika) and the Government of the United States of

America (the four Governments hereinafter referred to

as the Parties) concerning cooperation between the

Troika and the Government of the United States of

America on the application of non-proliferation

assurances to low enriched uranium transferred from

the Troika countries to the United States for

fabrication into fuel and retransfer to Taiwan for use

in Taiwan's light water nuclear reactor programs. The

Government of the Kingdom of the Netherlands proposed

that the terms and conditions set forth in the Annex

to that Note shall govern that cooperation.

The Department of State confirms that the

Government of the Kingdom of the Netherlands' proposal

is acceptable to the Government of the United States
of America and that the Embassy's Note, including its

Annex, and this reply, together with the equivalent

exchanges of Notes between the Governments of the

Federal Republic of Germany and the United Kingdom on

the one hand and the Government of the United States

of America on the other, shall constitute an Agreement

among the Parties, which shall enter into force on the

first day of the second month following the date on

which the last of the Troika countries has informed

the Department of State that the national requirements

for the entry into force of the Agreement have been

fulfilled and which shall remain in force

indefinitely, unless terminated by any Party upon six

months' written notice to the other Parties.

Department of State

Washington, July 21, 1999

2
The Department of State refers to Her Britannic

Majesty's Embassy's Note dated July 21, 1999

concerning cooperation between the Governments of the

Federal Republic of Germany, the Kingdom of the

Netherlands, and the United Kingdom of Great Britain

and Northern Ireland (hereinafter referred to as the

Troika) and the Government of the United States of

America (the four Governments hereinafter referred to

as the Parties) concerning cooperation between the

Troika and the Government of the United States of

America on the application of non-proliferation

assurances to low enriched uranium transferred from

the Troika countries to the United States for

fabrication into fuel and retransfer to Taiwan for use

in Taiwan's light water nuclear reactor programs. The

Government of the United Kingdom proposed that the

terms and conditions set forth in the Annex to that

Note shall govern that cooperation.

The Department of State confirms that the

Government of the United Kingdom's proposal is

acceptable to the Government of the United States of

America and that the Embassy's Note, including its
Annex, and this reply, together with the equivalent

exchanges of Notes between the Governments of the

Federal Republic of Germany and the Kingdom of the

Netherlands on the one hand and the Government of the

United States of America on the other, shall

constitute an Agreement among the Parties, which shall

enter into force on the first day of he second month

following the date on which the last of the Troika

countries has informed the Department of State that

the national requirements for the entry into force of

the Agreement have been fulfilled and which shall

remain in force indefinitely, unless terminated by any

Party upon six months' written notice to the other

Parties.

2

Department of State

Washington, July 21, 1999
ANNEX

Recognizing that the Governments of the

Federal Republic of Germany, the Kingdom of the

Netherlands and the United Kingdom of Great Britain

and Northern Ireland (hereinafter referred to as the

Troika) and the Government of the United States of

America (hereinafter referred to as the United States)

have a common desire to ensure that low enriched

uranium transferred to Taiwan for use in peaceful

nuclear activities and any special nuclear material

produced therefrom is not used to manufacture or

otherwise acquire nuclear weapons or other nuclear

explosive devices;

Recognizing that the Troika seeks to ensure that

low enriched uranium produced in the Troika countries

and special nuclear material produced therefrom is

subject on Taiwan to nuclear non-proliferation

assurances consistent with the non-proliferation

policies of the Troika;
Recognizing that low enriched uranium transferred

from the Troika countries to the territory of the

United States for fabrication into fuel and retransfer

to Taiwan will be subject to the Agreement for

Cooperation in the Peaceful Uses of Nuclear Energy

Between the United States of America and the European

Atomic Energy Community, signed at Brussels on

November 7, 1995 and March 29, 1996 and which entered

into force on April 12, 1996 (hereinafter referred to

as the "U.S.-EURATOM Agreement"), while it is in the

United States of America;

Recognizing that under Article 8.1.(C)(i) of the

U.S.-EURATOM Agreement retransfers of low enriched

uranium to third parties may be undertaken when

carried out according to procedures set out in the

Agreed Minute thereto, including consideration, on a

case-by-case basis, for nuclear fuel cycle activities

other than the production of highly enriched uranium;

In order for the Troika to make low enriched

uranium available to Taiwan for use in light water

nuclear reactor programs on Taiwan:

1.	Prior to the transfer of low enriched

uranium from the Troika countries to the United States

for retransfer to Taiwan, the Troika shall collaborate

with EURATOM in order to notify the United States that

such low enriched uranium is intended for fabrication

2
into fuel and retransfer to Taiwan for use in light

water nuclear reactors on Taiwan.

Low enriched uranium that has been the

subject of this notification and has been

retransferred from the territory of the United States

to Taiwan is referred to in this Agreement as "Troika

uranium."

2. "Troika uranium" will consist of low

enriched uranium as defined in Article 21.7 of the

U.S.-EURATOM Agreement.

3. At the time of transfer of low enriched

uranium from the Troika countries to the territory of

the United States for retransfer to Taiwan, the Troika

shall collaborate with EURATOM in accordance with

paragraph 4 of the Agreed Minute to the U.S.-EURATOM

Agreement in order to obtain the approval for the

retransfer of the low enriched uranium from the

territory of the United States to Taiwan.

4. The United States shall ensure that "Troika

uranium" and special nuclear material produced

therefrom are, while on Taiwan, subject to all

provisions of the Agreement for Cooperation Between

the United States of America and the Republic of China

Concerning Civil Uses of Atomic Energy, signed April

4, 1972, as amended and extended (hereinafter referred

3
to as the 1972 Agreement), while the 1972 Agreement is

in force or, in the event that the 1972 Agreement is

replaced, to the provisions of any succeeding

agreement while such succeeding agreement is in force.

The United States shall consult with inter alia the

Troika about the amendment, replacement, suspension or

termination of the 1972 Agreement or of any succeeding

agreement.

5. Except as provided in paragraph 9, the

United States shall ensure that "Troika uranium" and

special nuclear material produced therefrom are, while

on Taiwan, subject to the Safeguards Transfer

Agreement, signed December 6, 1971, under which the

International Atomic Energy Agency applies safeguards

on Taiwan (reproduced in International Atomic Energy

Agency document INFCIRC/158 of March 8, 1972 and

hereinafter referred to as the Safeguards Agreement),

while the Safeguards Agreement is in force or, in the

event that the Safeguards Agreement is replaced, to

the provisions of any succeeding agreement while such

succeeding agreement is in force. The United States

shall consult with inter alia the Troika about the

amendment, replacement, suspension or termination of

the Safeguards Agreement or of any succeeding

agreement.

6. For each transfer of "Troika uranium"

notified pursuant to paragraph 1, from the territory

4
of the United States to Taiwan, the United States

shall, through appropriate channels, identify such

uranium to Taiwan as "Troika uranium."

7. The United States shall approve the

retransfer from Taiwan of "Troika uranium" or special

nuclear material produced therefrom only to EURATOM or

to any third party that has been identified by EURATOM

in accordance with Article 8.1(C) of the U.S.-EURATOM

Agreement and paragraph 4 of the Agreed Minute to the

U.S.-EURATOM Agreement as acceptable under the U.S.-

EURATOM Agreement. This commitment applies only when

the United States has been advised that "Troika

uranium" or special nuclear material produced

therefrom is involved.

8. In the event that the consent of the United

States is sought for the reprocessing or enrichment to

twenty percent or greater in the isotope U-235 of

"Troika uranium" or special nuclear material produced

therefrom, on Taiwan, the United States shall consult

the Troika inter alia with a view to reaching

agreement prior to exercising any rights it has to

approve enrichment or reprocessing. This commitment

applies only when the United States has been advised

that "Troika uranium" or special nuclear material

produced therefrom is involved.

5

9.	If, for any reason or at any time, the
International Atomic Energy Agency is not applying

safeguards pursuant to the Safeguards Agreement, or

(in the event that such Agreement is replaced)

pursuant to the provisions of any succeeding

agreement, the United States shall consult the Troika

inter alia to reach agreement on the application of

fallback safeguards to "Troika uranium" and special

nuclear material produced therefrom. Fallback

safeguards may include the invocation by the United

States of its existing rights under the 1972 Agreement

with a view to ensuring that the safeguards provided

for in the 1972 Agreement are applied to "Troika

uranium" or special nuclear material produced

therefrom.

10. If the United States, after consultation

with the Troika, exercises its rights under the 1972

Agreement to require the return from Taiwan of

material subject to that Agreement, "Troika uranium"

or special nuclear material produced therefrom that is

returned to the United States shall become subject to

the U.S.-EURATOM Agreement.

11. In the event that the United States finds it

necessary to exercise its rights to apply fallback

safeguards, in accordance with paragraph 9, or to

exercise its right of return, in accordance with

paragraph 10, the Troika shall ensure that all

necessary steps are taken to require URENCO to share

6
with the United States the cost of implementing these

rights as they apply to "Troika uranium" or special

nuclear material produced therefrom on a proportionate

basis based on the relative value of the enrichment

and fabrication components of the nuclear fuel

supplied.

12. The United States shall maintain an

inventory of "Troika uranium" on Taiwan, and, based on

information received through appropriate channels from

Taiwan, of special nuclear material on Taiwan produced

therefrom. The United States shall provide this

inventory to the Troika annually.

13. The United States shall, to the extent

permitted by United States law, consult the Troika

inter alia if it has reason to believe:

i. 	that the United States has not been

advised that a request for consent to retransfer from

Taiwan, to reprocess in Taiwan, or to enrich to twenty

percent or more in the isotope U-235 on Taiwan,

"Troika uranium" or special nuclear material on Taiwan

produced therefrom, actually involves "Troika uranium"

or special nuclear material produced therefrom, or

ii. that "Troika uranium" or special

nuclear material produced therefrom is not being

identified as from the Troika while on Taiwan.

7
In the case of (i) or (ii), the United States and the

Troika shall seek to reach an agreement on measures

that the United States and/or the Troika will take to

rectify the problem.

14. The Troika and the United States shall

consult at any time at the request of any Party to

ensure the effective implementation of this Agreement.

Such consultations may take the form of an exchange of

correspondence.

15. The Troika and the United States shall seek

to resolve any dispute concerning the interpretation

or application of this Agreement by negotiation,

inquiry, mediation, conciliation, arbitration,

judicial settlement, or other peaceful means as they

may mutually agree.

16. The United States confirms that in

accordance with an October 26, 1978 letter of

assurance from the "Embassy of the Republic of China"

to the United States Department of Energy, "Troika

uranium" and special fissionable material produced

therefrom shall be subject to measures of physical

protection in accordance with the criteria set out in

Annex C of the Guidelines for Nuclear Transfers as

promulgated by the International Atomic Energy Agency

in the Appendix to INFCIRC/254/Rev.3/Part 1.

8
The Troika and the United States shall consult at

the request of either concerning matters relating to

physical protection, including the application, for

the purposes of the preceding paragraph, of the

recommendations that may be made from time to time by

international expert groups.

17. Notwithstanding the suspension or

termination of this agreement, paragraphs 4, 5, 6, 7,

8, 9, 10, 11, 12, 13, 14, 15, and 16 shall remain in

force:

(i) while any source material or special

nuclear material subject to these provisions is on

Taiwan, or

(ii) until such time as the Troika and the

United States agree that source material or special

nuclear material subject to these provisions is no

longer usable for any nuclear activity relevant from

the point of view of safeguards.

9
Side Letter

The Department of State refers to the Agreement

of July 21, 1999 between the Governments of the

Federal Republic of Germany, the Kingdom of the

Netherlands, and the United Kingdom of Great Britain

and Northern Ireland (hereinafter referred to as "the

Troika") and the Government of the United States of

America (hereinafter referred to as "the U.S.")

concerning cooperation between the Troika and the U.S.

on the application of non-proliferation assurances to

low enriched uranium transferred from the Troika

countries to the United States for fabrication into

fuel and retransfer to Taiwan for use in Taiwan's

light water nuclear reactor programs.

Paragraph 11 of the Annex of that Agreement

requires that the Troika shall ensure that all

necessary steps are taken to require URENCO to share

the costs of the U.S. implementing its right to apply

fallback safeguards, in accordance with paragraph 9 of

the Agreement, or the costs of the U.S. implementing

its right of return, in accordance with paragraph 10

of the Agreement, as they apply to "Troika uranium" or
special nuclear material produced therefrom on a

proportionate basis based on the relative value of the

enrichment and fabrication component- of the nuclear

fuel supplied.

The Department of State would like to confirm

that "a proportionate basis based on the relative

value of the enrichment and fabrication components of

the nuclear fuel supplied" means that URENCO will

assume 70 percent of all costs incurred by the U.S. in

its exercise of the enumerated rights, while the U.S.

will assume 30 percent of all these costs. This

allocation of costs is predicated on the basis that no

other parties are contributing, directly or indirectly

through URENCO, to the cost of U.S. exercise of the

enumerated rights. Should, following negotiation,

additional parties assume a share of the exercise of

the enumerated rights, the U.S. will seek to agree

with the Troika on a different allocation of costs

between the U.S. and URENCO. Such additional parties

would include, for example, those supplying the

natural uranium feed material or the conversion

services for material enriched by URENCO or the party

supplying the conversion services for the enriched

product from URENCO.

The Department of State would like to further

confirm the understanding that the cost of the return

of the nuclear fuel, whether irradiated or

2
unirradiated, would include any required compensation

to Taiwan, transportation costs, storage costs, and

disposal costs. These costs would be offset by any

revenue that may be accrued from the sale of the fuel.

Department of State

Washington, July 21, 1999

3
Note No: 46

Her Britannic Majesty's Embassy presents its compliments to the Department of

State and has the honour to refer to discussions between officials of the Governments of

the Federal Republic of Germany, the Kingdom of the Netherlands and the United

Kingdom of Great Britain and Northern Ireland (hereinafter referred to as the Troika) and

the Government of the United States of America (the four Governments hereinafter

referred to as the Parties) concerning cooperation between the Troika and the

Government of the United States of America on the application of non-proliferation

assurances to low enriched uranium transferred from the Troika comities to the United

States for fabrication into fuel and retransfer to Taiwan for use in Taiwan's light water

nuclear reactor programmes. Pursuant to these discussions, the Government of the United

Kingdom proposes that the terms and conditions set forth in the Annex to this Note shall

govern that cooperation.

The Government of the United Kingdom has the further honour to propose that

this Note, including its Annex, and the Department of State's reply confirming that the

foregoing is acceptable to the Government of the United States of America, together with

the equivalent exchanges of Notes between the Governments of the Federal Republic of

Germany and the Kingdom of the Netherlands on the one hand and the Government of

the United States of America on the other, shall constitute an Agreement among the

parties, which shall enter into force on the first day of the second month following the

date on which the last of the Troika countries has informed the Department of State that

the national requirements for the entry into force of the Agreement have been fulfilled

and which shall remain in force indefinitely, unless terminated by any Party upon six

month's written notice to the other Parties.

The British Embassy avails itself of this opportunity to renew to the Department

of State the assurances of its highest consideration.

BRITISH EMBASSY

Washington

21 July 1999

NOTE: Annex to Note will not be printed in this publication.