TREATIES AND OTHER INTERNATIONAL ACTS SERIES 15-1029

________________________________________________________________________

ATOMIC ENERGY

Peaceful Uses

Agreement Between the 

UNITED STATES OF AMERICA

and CHINA

Signed at Beijing April 13, 2015 

with

Agreed Minute
 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.”
 CHINA

 Atomic Energy: Peaceful Uses

 Agreement signed at Beijing April 13, 2015;

 Entered into force October 29, 2015.

 With agreed minute.
AGREEMENT FOR COOPERATION BETWEEN THE 

GOVERNMENT OF THE UNITED STATES OF AMERICA AND 

THE GOVERNMENT OF THE PEOPLE'S REPUBLIC OF CHINA 

CONCERNINGPEACEFULUSESOFNUCLEARENERGY 

The Government of the United States of America and the Government of 

the People's Republic of China (hereinafter referred to as the "Parties"), 

Desiring to establish extensive cooperation in the peaceful uses of nuclear 

energy on the basis of mutual respect for sovereignty, non-interference in 

each other's internal affairs, equality and mutual benefit; 

Noting that such cooperation is between two nuclear weapon states; 

Noting the Agreement for Cooperation Between the Government of the 

United States of America and the Government of the People's Republic of 

China Concerning Peaceful Uses of Nuclear Energy, signed ~t Washington 

on July 23, 1985 (the "1985 Agreement"); 

Recognizing that the expansion and enhancement of cooperation between 

the United States of America and the People's Republic of China on an 

equal footing will help strengthen international stability as well as promote 

political and economic progress; 

Taking into account that both the United States of America and the 

People's Republic of China have achieved an advanced level in the use of 

nuclear energy for production of electric power and in the development of 

nuclear industry and scientific research in this field, guided by the common 

goals of achieving a higher level of safety and protection of populations 

and the environment; 

Noting the Agreement between the Department ofEnergy of the United 

States of America and the State Development Planning Commission of the 

People's Republic of China on Cooperation Concerning Peaceful Uses of 

Nuclear Technologies, signed at Beijing on June 29, 1998 (the "PUNT 

Agreement"); 
Noting the exchange of diplomatic notes between the Parties on September 

12, 2003, regarding their understanding concerning assurances for transfers 

of nuclear technology (the "2003 Exchange,); 

Noting the Memorandum ofUnderstanding between the Government of the 

United States of America and the Government of the People's Republic of 

China Concerning Cooperation in the Area of Advanced Pressurized Water 

Reactor Nuclear Power Projects in China and Related Technology Transfer, 

signed at Beijing on December 16, 2006; 

Noting the United States-China Bilateral Civil Nuclear Energy 

Cooperative Action Plan, signed at Vienna on September 18, 2007; 

Noting the Implementing Arrangement between the Government of the 

United States of America and the Government of the People's Republic Of 

China under the Agreement for Cooperation between the Government of the 

United States Of America and the Government of the People's Republic Of 

China Concerning Peaceful Uses OfNuclear Energy, signed at Washington 

November 22,2013, and at Beijing December 9, 2013 (the "Implementing 

Arrangement"); 

Recognizing the importance of international cooperation in promoting the 

peaceful uses of nuclear energy, and noting that the Parties intend to 

cooperate jointly or independently, as appropriate, in the development of 

safe and secure civilian nuclear energy programs that are subject to 

International Atomic Energy Agency (IAEA) safeguards; 

Mindful of their respective rights and obligations under the Treaty on the 

Non-Proliferation ofNuclear Weapons of July 1, 1968 ("NPT"), to which 

both the United States of America and the Peoples Republic of China are 

State Parties; 

Reaffirming their commitment to ensuring that the international 

development and use of nuclear energy for peaceful purposes are carried 

out under arrangements that will to the maximum possible extent further 

the objectives of the NPT; 

Affirming their support for the IAEA and its safeguards system, including 

the Additional Protocol; 

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Affirming their support for the objectives and Statute of the IAEA and their 

commitment to the Guidelines of the Nuclear Suppliers Group; 

Desiring to cooperate in the development, use, and control of the peaceful 

uses of nuclear energy on a stable, predictable, and reliable basis; 

Mindful that peaceful nuclear activities must be undertaken with a view to 

protecting the international environment from radioactive, chemical, and 

thermal contamination; 

Affirming in particular the goal of pursuing the safe, secure, and 

environmentally sustainable development of civil nuclear energy for 

peaceful purposes and in a manner that supports nuclear nonproliferation 

and international safeguards; and 

Noting a mutual interest in scientific research and development in the field 

of controlled thermonuclear fusion, including multilateral cooperation; 

Have agreed as follows: 

ARTICLE 1 -DEFINITIONS 

For the purposes of this Agreement and the Agreed Minute, the terms below 

shall have the following meanings: 

(1) "Agreed Minute" means the minute annexed to this Agreement, which 

is an integral part hereof; 

(2) "Competent authorities" means government departments designated 

respectively by the Parties to implement this Agreement. For the 

Government of the People's Republic of China, the competent authorities 

are China National Energy Administration and China Atomic Energy 

Authority; for the Government of the United States of America, the 

competent authorities are the U.S. Department of State, the U.S. Department 

of Energy, and the U.S. Nuclear Regulatory Commission. Each Party may 

change its competent authorities or add one or more additional competent 

authorities by written notice to the other Party; 

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(3) "Person" means any individual or any entity subject to the jurisdiction 

of either Party, but does not include the Parties to this Agreement; 

( 4) "Reactor" means any apparatus, other than a nuclear weapon or other 

nuclear explosive device, in which a self-sustaining fission chain reaction is 

maintained by utilizing uranium, plutonium, or thorium or any combination 

thereof, or any other apparatus so designated by agreement of the Parties; 

( 5) "Equipment" means any reactor as a complete unit (other than one 

designed or used primarily for the formation of plutonium or uranium 233 ), 

pressure vessels, calandrias, complete reactor control rod systems, primary 

coolant pumps, on-line refueling mechanisms, or any other item so 

designated by agreement of the Parties; 

( 6) "Component" means a component part of equipment or other item so 

designated by agreement of the Parties; 

(7) "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, or concentrate; 

any other material containing one or more of the foregoing in such 

concentration as the Board of Governors of the IAEA shall from time to time 

determine; and such other material as the Board of Governors of the IAEA 

shall from time to time determine or as may be agreed by the appropriate 

competent authorities of both Parties. Any determination by the Board of 

Governors of the IAEA under Article XX of the IAEA's Statute or otherwise 

that amends the list of materials considered to be "source material" shall 

only have effect under this Agreement when both Parties to this Agreement 

have informed each other in writing that they accept such an amendment; 

(8) "Special fissionable material" means plutonium, uranium 233, 

uranium enriched in the isotopes 233 or 235, any material containing one or 

more of the foregoing, and such other material as the Board of Governors of 

the IAEA shall from time to time determine or as may be agreed by the 

appropriate competent authorities of both Parties, but the term "special 

fissionable material" does not include source material. Any determination by 

the Board of Governors of the IAEA under Article XX ofthe IAEA's Statute 

or otherwise that amends the list of materials considered to be "special 

fissionable material" shall only have effect under this Agreement when both 

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Parties to this Agreement have informed each other in writing that they 

accept such an amendment; 

(9) "Nuclear material" means source material and special fissionable 

material; 

(10) "Moderator material" means heavy water, graphite, beryllium, or any 

other such substance so designated by agreement of the Parties of a purity 

suitable for use in a reactor to slow down high velocity neutrons and 

increase the likelihood of further fission; 

( 11) "Byproduct material" means any radioactive material (except special 

fissionable material) yielded in or made radioactive by exposure to the 

radiation incident to the process of producing or utilizing special fissionable 

material; 

(12) ~~Low enriched uranium" means uranium enriched to less than twenty 

percent in the isotope 235; 

(13) "High enriched uranium" means uranium enriched to twenty percent 

or greater in the isotope 235; 

(14) "Material" means nuclear material, moderator material, byproduct 

material, radioisotopes other than byproduct material, or any other such 

substance so designated by agreement of the Parties; 

(15) "Conversion" means any of the normal operations in the nuclear fuel 

cycle, preceding fuel fabrication and excluding enrichment, by which 

uranium is transformed from one chemical form to another -- for example, 

from UF 6 to U02 or from uranium oxide to metal; 

(16) "Decommissioning" means the actions taken at the end of a facility's 

useful life to retire the facility from service in a manner that provides 

adequate protection for the health and safety of the decommissioning 

workers and the general public and for the environment. These actions can 

range from closing down the facility and a minimal removal of nuclear 

material coupled with continuing maintenance and surveillance to a 

complete removal of residual radioactivity in excess of levels acceptable for 

unrestricted use of the facility and its site; 

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(17) "Technology'' means specific information related to the design, 

development, production, operation, maintenance, shutdown, or 

decommissioning of a reactor, equipment, or component; 

( 18) "Information" means scientific, commercial, or technical data or 

information in any form that is appropriately designated by agreement of the 

Parties or their competent authorities to be provided or exchanged under this 

Agreement; 

(19) "Sensitive nuclear facility" means any facility designed or used 

primarily for uranium enrichment, reprocessing of nuclear fuel, heavy water 

production, or fabrication of nuclear fuel containing plutonium; 

(20) "Major critical component" means any part or group of parts essential 

to the operation of a sensitive nuclear facility; 

(21) "Sensitive Nuclear Technology" means any information (including 

information incorporated in equipment or an important component) that is 

not in the public domain and that is important to the design, construction, 

fabrication, operation, or maintenance of any sensitive nuclear facility, or 

any other such information that may be so designated by agreement of the 

Parties; 

(22) "Restricted Data" means all data concerning (i) design, manufacture, 

or utilization of nuclear weapons, (ii) the production of special fissionable 

material, or (iii) the use of special fissionable material in the production of 

energy, but shall not include data of a Party that it has declassified or 

removed from the category of Restricted Data; 

(23) "Peaceful purposes" include the use of information, technology, 

material, equipment, and components, in such fields as research, power 

generation, medicine, agriculture, and industry, but do not include use in, 

research on, or development of any nuclear explosive device, or any military 

purpose. 

ARTICLE 2- SCOPE OF COOPERATION 

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1. The Parties shall cooperate in the uses of nuclear energy for peaceful 

purposes in accordance with the provisions of this Agreement and their 

applicable treaties, national laws, regulations, and license requirements. 

2. The areas, contents, details, and conditions of cooperation under this 

Agreement may be determined by the agreement in writing of the 

appropriate competent authorities of the Parties after negotiation, to the 

extent consistent with the terms and conditions of this Agreement. 

3. Transfer of material, equipment, components, technology, and 

information under this Agreement may be undertaken directly between the 

Parties or through authorized Persons. Such transfers shall be subject to this 

Agreement and to such additional terms and conditions as may be agreed by 

the Parties. 

ARTICLE 3 -TRANSFER OF TECHNOLOGY AND INFORMATION 

1. Technology and information concerning the use of nuclear energy for 

peaceful purposes may be transferred pursuant to this Agreement. Transfers 

of technology and information may be accomplished through various means, 

including reports, data banks, computer programs, conferences, visits, and 

assignments of staff to facilities. Fields that may be covered may include, 

but shall not be limited to, the following: 

(a) Development, design, construction, operation, maintenance, and use 

of reactors, reactor experiments, and decommissioning; 

(b) The use of material in physical and biological research, medicine, 

agriculture, and industry; 

(c) Fuel cycle studies of ways to meet future world-wide civil nuclear 

needs, including multilateral approaches to guaranteeing nuclear fuel supply 

and appropriate techniques for management of nuclear wastes; 

(d) Development of advanced fuels and materials, such as structural, 

component, absorber, circuit, and clad materials; 

(e) Development of advanced fuel cycle and fuel fabrication technologies; 

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(f) Advancing state-of-the-art technology with respect to nuclear reactor 

and nuclear fuel safety using computer simulation and modeling; 

(g) Safeguards and physical protection of nuclear material, equipment, 

and components; 

(h) Health, safety, and environmental considerations related to the 

foregoing; and 

(i) Assessing the role nuclear power may play in national energy plans. 

2. This Agreement does not require the transfer of any technology or 

information that the Parties are not permitted to transfer under their 

respective treaties, national laws, or regulations. 

3. Transfers of technology and information under this Agreement shall 

be carried out in accordance with the Principle-Based Approach to Nuclear 

Technology Transfer Assurances attached to the 2003 Exchange, as adjusted 

with respect to certain technology and information in the "Technology and 

Information Exchanges" section of the Agreed Minute to this Agreement. 

4. Restricted Data shall not be transferred under this Agreement. 

Sensitive Nuclear Technology may be transferred under this Agreement if 

provided for by an amendment to this Agreement. 

ARTICLE 4- TRANSFER OF MATERIAL, EQUIP:MENT, AND 

COMPONENTS 

1. Material, equipment, and components may be transferred for 

applications consistent with this Agreement. Any special fissionable 

material transferred under this Agreement shall be low enriched uranium, 

except as provided in paragraph 4. 

2. Low enriched uranium may be transferred, including, inter alia, by 

sale or lease, for use as fuel in reactors and reactor experiments, for 

conversion or fabrication, or for such other purposes as may be agreed by 

the Parties. 

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3. The quantity of special fissionable material transferred under this 

Agreement shall be the quantity that the Parties agree is necessary for any of 

the following purposes: the loading of reactors or use in reactor experiments~ 

the efficient and continuous operation of such reactors or conduct of such 

reactor experiments, or the accomplishment of such other purposes as may 

be agreed by the Parties. 

4. Small quantities of special fissionable material may be transferred for 

use as samples, standards, detectors, targets, or radiation sources and for 

such other purposes as the Parties may agree. 

5. Sensitive nuclear facilities and major critical components may be 

transferred under this Agreement if provided for by an amendment to this 

Agreement. 

ARTICLE 5 - STORAGE AND RETRANSFERS 

1. Plutonium and uranium 233 (except as contained in irradiated fuel 

elements) and high enriched uranium transferred pursuant to this Agreement 

or used in or produced through the use of material or equipment so 

transferred shall only be stored in facilities to which the Parties agree. 

2. Material, equipmen~ components, technology, and information 

transferred pursuant to this Agreement and any special fissionable material 

produced through the use of any such material, equipment, technology or 

information shall not be transferred to unauthorized Persons or, unless the 

Parties agree, beyond the recipient Party's territorial jurisdiction. 

3. In order to facilitate spent fuel, nuclear material, or nuclear-related 

waste management, material transferred or produced through the use of 

equipment or components transferred pursuant to this Agreement may be 

transferred to the United States of America if the Government of the United 

States of America agrees and designates a storage or disposition option. In 

the event of transfer to the United States of America, the Parties shall make 

appropriate implementing arrangements. 

ARTICLE 6 -REPROCESSING, OTHER ALTERATION IN FORM 

OR CONTENT, AND ENRICHMENT 

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1. Nuclear material transferred pursuant to this Agreement and nuclear 

material used in or produced through the use of material or equipment so 

transferred shall not be reprocessed or otherwise altered in form or content 

(except by irradiation or further irradiation), unless the Parties agree. 

2. The Parties grant each other consent to reprocess or otherwise alter in 

form or content nuclear material transferred pursuant to this Agreement and 

nuclear material used in or produced through the use of material or 

equipment so transferred. To bring these rights into effect, the Parties shall 

agree on arrangements and procedures under which such reprocessing or 

other alteration in form or content will take place. The Parties agree that 

reprocessing or other alteration in form or content of nuclear material subject 

to this Agreement shall take place only at facilities to which IAEA 

safeguards are applied. If no such safeguarded facilities exist, or if the 

appropriate competent authorities of the Parties agree in writing that existing 

safeguarded facilities do not have sufficient capacity to conduct reprocessing 

or alteration in form or content of nuclear material subject to this Agreement 

in a timely manner or are otherwise not suitable for reprocessing or 

alteration in form or content of such nuclear material, then reprocessing or 

alteration in form or content, as the case may be, of nuclear material subject 

to this Agreement may take place at facilities that have been made eligible 

for IAEA safeguards pursuant to the safeguards agreement with the IAEA 

referred to in paragraph 1 of Article 9 of this Agreement. These 

arrangements and procedures shall include provisions with respect to 

physical protection standards set out in Article 7, storage standards set out in 

Article 5, and environmental standards set out in Article 11 of this 

Agreement, and such other provisions as may be agreed by the Parties. Any 

nuclear material separated through reprocessing or other alteration in form 

or content to which the Parties have agreed in this Article may only be 

utilized at facilities to which the appropriate competent authorities of the 

Parties agree in writing. 

3. The Parties are committed to the management of separated 

safeguarded plutonium in ways that are consistent with their respective 

national decisions on the civil nuclear fuel cycle. In managing their 

separated safeguarded plutonium, the Parties shall take into account the need 

to avoid contributing to the risks of nuclear proliferation; the need to protect 

the environment, workers and the public; the potential of the nuclear 

material for further energy generation; and the importance of balancing 

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supply and demand, including demand for reasonable working stocks for 

civil nuclear operations. 

4. The Parties agree that conversion, enrichment to less than twenty 

percent in the isotope uranium 235, fabrication of low enriched uranium 

fuel, post-irradiation examination, blending or downblending of uranium to 

produce low enriched uranium, and separation of radioisotopes from 

irradiated targets are permissible alterations in form or content for purposes 

of this Agreement. 

ARTICLE 7 - PHYSICAL PROTECTION 

1. Adequate physical protection shall be maintained with respect to any 

nuclear material and equipment transferred pursuant to this Agreement and 

any special fissionable material used in or produced through the use of 

material or equipment so transferred. 

2. To comply with the requirement in paragraph 1, each Party shall apply 

at a minimum measures in accordance with (i) levels of physical protection 

at least equivalent to the recommendations published in IAEA document 

INFCIRC/225/Rev.S entitled "The Physical Protection of Nuclear Material 

and Nuclear Facilities" and in any subsequent revisions of that document 

agreed to by the Parties, and (ii) the provisions of the Convention on the 

Physical Protection of Nuclear Material adopted October 26, 1979, and any 

amendments to the Convention that enter into force for both Parties. 

3. The Parties shall consult at the request of either Party regarding the 

adequacy of physical security measures maintained pursuant to this Article. 

4. The Parties shall keep each other informed through diplomatic 

channels of those agencies or authorities having responsibility for ensuring 

that levels of physical protection for nuclear material in their territory or 

under their jurisdiction or control are adequately met and having 

responsibility for coordinating response and recovery operations in the event 

of unauthorized use or handling of nuclear material subject to this Article. 

The Parties shall inform each other through diplomatic channels, as well, of 

the designated points of contact within their respective competent authorities 

to cooperate on matters of out-of-country transportation and other matters of 

mutual concern. 

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5. The provisions of this Article shall be implemented in such a manner 

as to avoid undue interference in the Parties' nuclear activities, and to be 

consistent with prudent management practices required for the safe and 

economic conduct of their nuclear programs. 

ARTICLE 8- NO EXPLOSIVE OR MILITARY APPLICATION 

1. Material, equipment, components, technology, and information 

transferred pursuant to this Agreement and material used in or produced 

through the use of any material, equipment, components, technology, or 

information so transferred shall not be used for any nuclear explosive 

device, for research on or development of any nuclear explosive device, or 

for any military purpose. 

2. Military purposes shall not include provision of power for a military 

base drawn from any power network, production of radioisotopes to be 

used for medical purposes in a military hospital, and other similar purposes 

as may be agreed by the Parties. 

ARTICLE 9 - SAFEGUARDS 

1. Nuclear material transferred to the People's Republic of China 

pursuant to this Agreement and any nuclear material used in or produced 

through the use of material, equipment, components, technology, or 

information so transferred shall be subject to the Agreement between the 

People's Republic of China and the International Atomic Energy Agency for 

the Application of Safeguards in China (IAEA INFCIRC/369), signed on 

September 20, 1988, (the "China-IAEA Safeguards Agreement"), which 

entered into force on September 18, 1989, and the Additional Protocol 

thereto, which entered into force on March 28, 2002. 

2. Nuclear material transferred to the United States of America pursuant 

to this Agreement and any nuclear material used in or produced through the 

use of material, equipment, components, technology, or information so 

transferred shall be subject to the Agreement between the United States of 

America and the International Atomic Energy Agency for the Application of 

Safeguards in the United States of America (IAEA INFCIRC/288), signed 

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on November 18, 1977, (the "U.S.-IAEA Safeguards Agreement")which 

entered into force on December 9, 1980, and the Additional Protocol thereto, 

which entered into force on January 6, 2009. 

3. In the event that the China-IAEA Safeguards Agreement referred to in 

paragraph 1 of this Article or the U.S.-IAEA Safeguards Agreement 

referred to in paragraph 2 of this Article is not being implemented, the 

Parties shall consult and establish a mutually acceptable alternative to that 

agreement consistent with their status as nuclear weapon State Parties to 

theNPT. 

4. The provisions of this Article shall be implemented in such a manner 

as to avoid hampering, delay, or undue interference in the Parties' nuclear 

activities and so as to be consistent with prudent management practices 

required for the safe and economic conduct of their nuclear programs. 

ARTICLE 10 - MULTIPLE SUPPLIER CONTROLS 

If any agreement between either Party and another nation or group of nations 

provides such other nation or group of nations rights equivalent to any or all 

of those set forth under Article 5 or Article 6 with respect to material, 

equipment, components, technology, or information subject to this 

Agreement, the Parties may, upon request of either of them, agree that the 

implementation of any such rights will be accomplished by such other nation 

or group of nations. 

ARTICLE II-CONSULTATIONS AND 

ENVIRONMENTAL PROTECTION 

1. The Parties undertake to consult at the request of either Party 

regarding the implementation of this Agreement and the development of 

further cooperation in the field of peaceful uses of nuclear energy. 

2. The Parties shall consult, with regard to activities under this 

Agreement, to identifY the international environmental implications arising 

from such activities and shall cooperate in protecting the international 

environment from radioactive, chemical, or thermal contamination arising 

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from peaceful nuclear activities under this Agreement and in related matters 

of health and safety. 

ARTICLE 12 - SETTLEMENT OF DISPUTES 

Any dispute concerning the interpretation or implementation of the 

provisions of this Agreement shall be promptly negotiated by the Parties 

with a view to resolving that dispute. If either Party does not comply with 

the provisions of this Agreement, the Parties shall promptly hold 

consultations on the problem. In such cases, it is understood that the other 

Party shall have the right to temporarily suspend or to cease further 

cooperation under this Agreement. 

ARTICLE 13 -ADMINISTRATIVE ARRANGEMENT 

1. Upon request by either Party, the appropriate competent authorities of 

the Parties shall (i) establish an Administrative Arrangement by mutual 

consent in order to provide for the effective implementation of the 

provisions of this Agreement, and (ii) provide a report annually on the status 

of all inventories subject to this Agreement. 

2. The principles of proportionality, fungibility, and equivalence shall 

apply to nuclear material and moderator material subject to this Agreement. 

Detailed provisions for applying these principles shall be set forth in the 

Administrative Arrangement. 

3. The Administrative Arrangement established pursuant to this Article 

may be amended in writing by the appropriate competent authorities of the 

Parties. 

ARTICLE 14- ENTRY INTO FORCE AND DURATION 

1. This Agreement shall enter into force on the date of the last written 

note, in an exchange of diplomatic notes between the Parties, indicating 

completion of their internal procedures necessary for its entry into force. 

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2. This Agreement shall remain in force for a period of 30 year~ unless 

terminated by either Party on at least one year's written notice to the other 

Party. 

3. The 1985 Agreement, including paragraph 2 of Article 10 thereof, 

shall terminate on the date this Agreement enters into force. 

4. Cooperation under the 1985 Agreement shall continue in accordance 

with the provisions of this Agreement. All the provisions of this Agreement 

shall apply to material, equipment, components, information and technology 

which were subject to the 1985 Agreement immediately prior to its 

termination. 

5. Notwithstanding Article IX.1 of the Implementing Arrangement, the 

Implementing Arrangement shall not terminate upon the termination or 

expiration of the 1985 Agreement, and cooperation under the Implementing 

Arrangement shall continue under and be governed by, mutatis mutandis, the 

provisions of this Agreement. 

6. Notwithstanding Article 1.2 of the PUNT Agreement, cooperation 

under the PUNT Agreement shall continue under and be governed by, 

mutatis mutandis, the provisions of this Agreement. 

7. Notwithstanding the termination or expiration of this Agreement or 

any cessation of cooperation hereunder for any reason, Articles 5, 6, 7, 8, 

and 9 and the Agreed Minute shall continue in effect so long as any material, 

equipment, or components subject to these Articles remains in the territory 

of the Party concerned or under its jurisdiction or control anywhere, or until 

such time as the Parties agree that such items are no longer usable for any 

nuclear activity relevant from the point of view of international safeguards 

or have become practicably irrecoverable, or in the case of equipment or 

components, are no longer usable for nuclear purposes. 

8. Either Party may propose an amendment by means of written notice 

through diplomatic channels to the other Party. Amendments to this 

Agreement shall enter into force according to the procedure stipulated in 

paragraph 1 of this Article. 

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DONE at ouji~ 'this i.S vl-t..day of 4pr; I '2015, in duplicate, in 

the Chinese and English languages, both texts being equally authentic. 

FOR THE GOVERNMENT OF FOR THE GOVERNMENT OF 

THE UNITED STATES OF THE PEOPLE'S REPUBLIC OF 

OF ~RICr:~ CHINA~: ~p" ... r~ 'i ;i 11----/~ a ~ r';t;;: 

I

"' V p;~/t/~v~----- , I , ; 

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AGREED MINUTE 

During the negotiation of the Agreement for Cooperation between the 

Government of the People's Republic of China and the Government of the 

United States of America Concerning Peaceful Uses of Nuclear Energy ("the 

Agreement") signed today, the following understandings, which shall be an 

integral part of the Agreement, were reached. 

Coverage of Agreement 

Material, equipment, components, technology, and information transferred 

from the territory of one Party to the territory of the other Party, whether 

directly or through a third country, shall be regarded as having been 

transferred pursuant to the Agreement only upon confirmation, by the 

appropriate competent authority of the recipient Party to the appropriate 

competent authority of the supplier Party, that such material, equipment, 

components, technology, or information shall be subject to the Agreement. 

With respect to the definition of "Restricted Data" in paragraph 22 of Article 

1 of the Agreement, it is the understanding of the Parties that all information 

on the use of special fissionable material in the production of energy from 

standard civilian reactors has been declassified or removed from the 

category of "Restricted Data". 

For the purposes of implementing the rights specified in Article 5 and 

Article 6 of the Agreement with respect to special fissionable material 

produced through the use of nuclear material transferred pursuant to the 

Agreement and not used in or produced through the use of equipment, 

technology, or information transferred pursuant to the Agreement, such 

rights shall in practice be applied to that proportion of special fissionable 

material produced that represents the ratio of transferred nuclear material 

used in the production of the special fissionable material to the total amount 

of nuclear material so used, and similarly for subsequent generations. 

Safeguards 

If either Party becomes aware of circumstances referred to in paragraph 3 of 

i\rticle 9 of the Agreement, either Party shall have the rights listed below, 

which rights shall be suspended if both Parties agree that the need to 

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exercise such rights is being satisfied by the application ofiAEA safeguards 

under arrangements pursuant to paragraph 3 of Article 9 of the Agreement: 

(1) To review in a timely fashion the design of any equipment transferred 

pursuant to the Agreement or produced through the use of any technology or 

information transferred pursuant to the Agreement, or of any facility that is 

to use, fabricate, process, or store any nuclear material so transferred or any 

nuclear material used in or produced through the use of such material or 

equipment; 

(2) To require the maintenance and production of records and of relevant 

reports for the purpose of assisting in ensuring accountability for nuclear 

material transferred pursuant to the Agreement and any nuclear material 

used in or produced through the use of any material or equipment so 

transferred; and 

(3) To designate personnel acceptable to the other Party (hereinafter ''the 

safeguarded Party"), who shall have access to places and data necessary to 

account for the nuclear material referred to in paragraph (2), to inspect any 

equipment or facility referred to in paragraph (1), and to install essential 

devices and make such independent measurements as may be deemed 

necessary to account for such nuclear material. The safeguarded Party shall 

not unreasonably withhold its acceptance of personnel designated by the 

Party exercising its rights under this paragraph. Such personnel shall, if 

either Party so requests, be accompanied by personnel designated by the 

safeguarded Party. 

Byproduct Material 

The Parties agree that reporting and exchanges of information on byproduct 

material subject to the Agreement shall be carried out under the 

Administrative Arrangement and shall be limited to the following: 

( 1) Both Parties will comply with the provisions as contained in the IAEA 

document GOV/1999/19/Rev.2, with regard to byproduct material subject to 

the Agreement. 

(2) With regard to tritium subject to the Agreement, the Parties shall 

exchange annually information pertaining to its disposition for peaceful 

purposes consistent with Article 8 of this Agreement. 

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Retransfers 

1. In accordance with paragraph 2 of Article 5 of the Agreement, prior to 

the transfer of any material, equipment, or components (collectively, 

"items"), or any technology or information subject to the Agreement by 

either Party to a specific third country or a destination beyond the other 

Party's territorial jurisdiction, the Party proposing to make the transfer ("the 

transferring Party") shall request the written consent of the other Party ('~e 

non-transferring Party") to the transfer of the specified items, technology or 

information to the identified third country or destination. Prior to any such 

transfer of items, technology, or information subject to this Agreement, the 

Parties shall by mutual agreement define the conditions (''transfer 

conditions") in accordance with which such items, technology, or 

information may be transferred to the jurisdiction of a third country or 

destination beyond the territorial jurisdiction of the transferring Party. Any 

transfer to which the non-transferring Party consents in writing shall be 

subject to the transfer conditions agreed to by the Parties. 

2. The transferring Party shall ensure prior to the transfer that the 

appropriate governmental authority in the identified third country or 

destination beyond the transferring Party's territorial jurisdiction is informed 

that the technology, information, or items being transferred are under 

obligation to the non-transferring Party under the Agreement. 

3. Each Party shall keep and provide to the other Party an annual 

inventory of all technology or other information transferred to a third 

country or destination beyond the transferring Party's territorial jurisdiction 

pursuant to the Agreement. 

4. The Parties agree to enhance their efforts, working together, to 

familiarize commercial entities in their respective countries about the 

requirements of the Agreement as well as national export controls and 

policies applicable to exports and imports subject to the Agreement. 

Technology and Information Exchanges 

1. The Parties agree to implement a process, described below, for 

obtaining government assurances needed for certain technology or 

information transfers as described in this Agreed Minute and further 

- 19-
identified in the Administrative Arrangement to be established pursuant to 

this Agreement by appropriate competent authorities of the Parties. 

Transfers of certain technology or information for inclusion on the PreApproved Activity and Nuclear Technology List described in subparagraph 

b of this paragraph shall be jointly identified by the appropriate competent 

authorities of the Parties. 

a. When a Party (''the Supplier Party'') authorizes a transfer of 

technology or information on the Pre-Approved Activity and Nuclear 

Technology List to a recipient on the Pre-Approved Entity List described 

in subparagraph b of this paragraph, the Supplier Party shall notify the 

other Party and the other Party shall confirm in writing to the Supplier 

Party its awareness of the transfer or activity authorized. 

b. The Pre-Approved Activity and Nuclear Technology List and the PreApproved Entity List shall be jointly developed by the appropriate 

competent authorities of the Parties, and jointly reviewed and, as 

necessary, revised on a yearly basis. 

c. To be eligible for inclusion on the Pre-Approved Activity and Nuclear 

Technology List, technology or information shall fall within one of the 

following categories of the Nuclear Suppliers Group's Trigger List 

(IAEA INFCIRC/254/Part 1, as amended): 

1. Nuclear Reactors and equipment therefor; 

ii. Plants and equipment for the conversion of nuclear 

material; or 

m. Nuclear fuel fabrication not containing plutonium. 

2. In any case where one Party authorizes the transfer pursuant to this 

Agreement of technology or information listed on the Pre-Approved Activity 

and Nuclear Technology List to the otherParty or its authorized recipients, 

any material or equipment produced through the use of the transferred 

technology or information shall be subject to the conditions in Articles 7, 8, 

and 9 of the Agreement. 

FOR THE GOVERNMENT OF 

THE UNITED STATES OF 

or~~r 

f /~1" f .· t2 ~: ,;" /1 // //:" ------. I t .. . :.::; ~. __ . '-' J.C..._.-c_.-z./:.::--· 

. 

FOR THE GOVERNMENT OF 

THE PEOPLE'S REPUBLIC 

CHINA: 

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