Nuclear Regulatory

Legislation

th nd 113 Congress; 2 Session

Office of the General Counsel
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Nuclear Regulatory

Legislation

th nd 113 Congress; 2 Session

Prepared by:

Office of the General Counsel

U.S. Nuclear Regulatory Commission

Washington, DC 20555-0001

Date Published: December 2015

iii

legislation through the 113th Congress, 2nd Session, has been pre

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v 

PART II: NONPROLIFERATION AND OTHER 

INTERNATIONAL MATERIALS.............

1. Nuclear Nonproliferation and Export Licensing

Statutes ..................................................................

A. NUCLEAR NONPROLIFERATION ACT OF 1978 ...........

B. FOREIGN RELATIONS AUTHORIZATION ACT,

FISCAL YEARS 1994 AND 1995 ..........................................

C. INTERNATIONAL SECURITY ASSISTANCE AND

ARMS EXPORT CONTROL ACT OF 1976 .......................

D. INTERNATIONAL SECURITY AND DEVELOPMENT

COOPERATION ACT OF 1980 ............................................

E. INTERNATIONAL SECURITY AND DEVELOPMENT

COOPERATION ACT OF 1981 ............................................

F. FOREIGN OPERATIONS APPROPRIATIONS (IRAQ

SANCTIONS) ..........................................................................

G. EMERGENCY WARTIME SUPPLEMENTAL

APPROPRIATIONS ACT, 2003 (IRAQ SANCTIONS) .....

H. MEMORANDUM FOR THE SECRETARY OF STATE

SUSPENDING THE IRAQ SANCTIONS ACT ...................

I. NATIONAL DEFENSE AUTHORIZATION ACT FOR

FISCAL YEAR 1993 (IRAN-IRAQ ARMS

NON-PROLIFERATION OF 1992) ......................................

J. NORTH KOREA THREAT REDUCTION

(SUBTITLE B) .........................................................................

K. IRAN NONPROLIFERATION ACT OF 2000 ....................

L. HENRY J. HYDE UNITED STATES-INDIA PEACEFUL

ATOMIC ENERGY COOPERATION ACT OF 2006

(TITLE 1) .................................................................................

M. UNITED STATES-INDIA NUCLEAR COOPERATION

APPROVAL AND NONPROLIFERATION

ENHANCEMENT ACT ..........................................................
vi

A. NUCLEAR NONPROLIFERATION TREATY..................

A. Table: Signatures, Ratifications, Accessions and Successions 

in respect of the Treaty ................................................................

B. THE CONVENTION ON THE PHYSICAL 

PROTECTION OF NUCLEAR MATERIAL.....................

B. Table: Convention on the Physical Protection of Nuclear 

Material.........................................................................................

C. CONVENTION ON THE PHYSICAL PROTECTION 

OF NUCLEAR MATERIAL IMPLEMENTATION ACT 

OF 1982 ....................................................................................

D. CONVENTION ON EARLY NOTIFICATION OF A 

NUCLEAR ACCIDENT.........................................................

D. Table: Convention on Early Notification of a Nuclear 

Accident.........................................................................................

E. CONVENTION ON NUCLEAR SAFETY...........................

E. Table: Signatories and Parties on the Convention on 

Nuclear Safety...............................................................................

F. CONVENTION ON ASSISTANCE IN THE CASE OF A 

NUCLEAR ACCIDENT OR RADIOLOGICAL 

EMERGENCY.........................................................................

F. Table: Convention on Assistance in the Case of a Nuclear 

Accident or Radiological Emergency .........................................

G. ADDITIONAL PROTOCOL I TO THE TREATY FOR 

THE PROHIBITION OF NUCLEAR WEAPONS IN 

LATIN AMERICA..................................................................

H. ADDITIONAL PROTOCOL II TO THE TREATY FOR 

THE PROHIBITION OF NUCLEAR WEAPONS IN 

LATIN AMERICA..................................................................

I. TREATY FOR THE PROHIBITION OF NUCLEAR 

WEAPONS IN LATIN AMERICA .......................................

I. 1. Table: Treaty for the Prohibition of Nuclear Weapons in 

Latin America ............................................................................

I. 2. Table: Additional Protocol I to the Treaty for the Prohibitio

of Nuclear Weapons in Latin America ....................................

I. 3. Table: Additional Protocol II to the Treaty for the Prohibiti

of Nuclear Weapons in Latin America ....................................

J. INTERNATIONAL ATOMIC ENERGY AGENCY 

PARTICIPATION ACT OF 1957..........................................
vii

L. AGREEMENT BETWEEN THE UNITED STATES OF 

AMERICA AND THE INTERNATIONAL ATOMIC 

ENERGY AGENCY FOR THE APPLICATION OF 

SAFEGUARDS IN THE UNITED STATES OF 

AMERICA ...............................................................................

M. U.S. SENATE RESOLUTION CONSENTING TO THE 

RATIFICATION OF THE AGREEMENT BETWEEN 

THE U.S. AND THE IAEA FOR THE APPLICATION 

OF SAFEGUARDS .................................................................

N. PROTOCOL ADDITIONAL 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........................................

O. UNITED STATES ADDITIONAL PROTOCOL 

IMPLEMENTATION ACT ...................................................

P. TABLE: STATUS WITH REGARD TO CONCLUSION 

OF SAFEGUARDS AGREEMENTS AND ADDITIONAL 

PROTOCOLS AND SMALL QUANTITIES 

PROTOCOLS..........................................................................

Q. TABLE: IAEA SUPPLY AGREEMENTS ...........................

R. TABLE: UNITED STATES AGREEMENTS FOR 

PEACEFUL NUCLEAR COOPERATION..........................

S. TABLE: TRILATERALS BETWEEN THE 

INTERNATIONAL ATOMIC ENERGY AGENCY, THE 

UNITED STATES, AND OTHER COUNTRIES FOR THE 

APPLICATION OF SAFEGUARDS BY THE 

INTERNATIONAL ATOMIC ENERGY AGENCY TO 

EQUIPMENT DEVICES AND MATERIALS 

CONCERNING CIVIL USES OF ATOMIC ENERGY .....

T. TABLE: TRILATERALS BETWEEN THE UNITED 

STATES, THE INTERNATIONAL ATOMIC ENERGY 

AGENCY AND OTHER COUNTRIES FOR THE 

APPLICATION OF SAFEGUARDS PURSUANT TO 

THE NONPROLIFERATION TREATY OF 

JULY 1, 1968............................................................................

U. CONVENTION ON THE PREVENTION OF MARINE 

POLLUTION BY DUMPING OF WASTES AND 

OTHER MATTERS................................................................
viii

V. JOINT CONVENTION ON THE SAFETY OF SPENT 

FUEL MANAGEMENT AND ON THE SAFETY OF 

RADIOACTIVE WASTE MANAGEMENT........................

V. Table: Joint Convention on the Safety of Spent Fuel 

Management and on the Safety of Radioactive Waste 

Management .................................................................................

W. CODE OF CONDUCT ON THE SAFETY AND 

SECURITY OF RADIOACTIVE SOURCES ......................

3. Miscellaneous International Legislation and 

Executive Orders...................................................

A. EXECUTIVE ORDER 10841—PROVIDING FOR THE 

CARRYING OUT OF CERTAIN PROVISIONS OF 

THE ATOMIC ENERGY ACT OF 1954, AS AMENDED, 

RELATING TO INTERNATIONAL COOPERATION.....

B. EXECUTIVE ORDER 10956—AMENDMENT OF 

EXECUTIVE ORDER 10841.................................................

C. EXECUTIVE ORDER 12058—FUNCTIONS 

RELATING TO NUCLEAR NON-PROLIFERATION .....

D. EXECUTIVE ORDER 12730—CONTINUATION OF 

EXPORT CONTROL REGULATIONS...............................

E. EXECUTIVE ORDER 12114—ENVIRONMENTAL 

EFFECTS ABROAD OF MAJOR FEDERAL ACTIONS .
PART II: 

NONPROLIFERATION A

OTHER INTERNATION

MATERIALS

1. Nuclear Nonproliferation and E

Licensing Statutes
1
Contents

A. NUCLEAR NONPROLIFERATION ACT OF 1978...........

Sec. 1. Short Title ..................................................................

Sec. 2. Statement of Policy....................................................

Sec. 3. Statement of Purpose ................................................

Sec. 4. Definitions..................................................................

Title I—United States Initiatives to Provide Adequate Nuclear 

Fuel Supply .........................................................................

Sec. 101. Policy ..........................................................................

Sec. 102. Uranium Enrichment Capacity................................

Sec. 103. Report.........................................................................

Sec. 104. International Undertaking........................................

Sec. 105. Reevaluation of Nuclear Fuel Cycle.........................

Title II—United States Initiatives to Strengthen the 

International Safeguards System ....................................

Sec. 201. Policy ..........................................................................

Sec. 202. Training Program .....................................................

Sec. 203. Negotiations................................................................

Title III—Export Organization and Criteria.................................

Sec. 301. Government-to-Government Transfers ..................

Sec. 302. Special Nuclear Material Production ......................

Sec. 303. Subsequent Arrangements........................................

Sec. 304. Export Licensing Procedures...................................

Sec. 305. Criteria Governing United States Nuclear 

Exports.......................................................................

Sec. 306. Additional Export Criterion and Procedures.........

Sec. 307. Conduct Resulting in Termination of Nuclear 

Exports.......................................................................

Sec. 308. Congressional Review Procedures...........................

Sec. 309. Component and Other Parts of Facilities................

Title IV—Negotiation of Further Export Controls .......................

Sec. 401. Cooperation with Other Nations..............................

Sec. 402. Additional Requirements..........................................

Sec. 403. Peaceful Nuclear Activities.......................................

Sec. 404. Renegotiation of Agreements for Cooperation .......

Sec. 405. Authority to Continue Agreements..........................

Sec. 406. Review ........................................................................

Sec. 407. Protection of the Environment.................................

Title V—United States Assistance to Developing Countries.........

Sec. 501. Policy: Report...........................................................

Sec. 502. Programs....................................................................

Sec. 503. Report.........................................................................

Title VI—Executive Reporting........................................................

Sec. 601. Reports of the President............................................

Sec. 602. Additional Reports....................................................
Congress............................................................

B. FOREIGN RELATIONS AUTHORIZATION ACT, FISC

YEARS 1994 AND 1995..........................................................

Title VIII—Nuclear Proliferation Prevention Act.........................

Part B-Sanctions for Nuclear Proliferation....................................

Sec. 821. Imposition of Procurement Sanction on Persons 

Engaging in Export Activities that Contribute to 

Proliferation...............................................................

Sec. 822. Eligibility for Assistance ...........................................

Sec. 823. Role of International Financial Institutions............

Sec. 824. Prohibition on Assisting Nuclear Proliferation 

through the Provision of Financing .........................

Part C-International Atomic Energy Agency ................................

Sec. 841. Bilateral and Multilateral Initiatives.......................

Sec. 842. IAEA Internal Reforms ............................................

Sec. 843. Reporting Requirement ............................................

Sec. 844. Definitions..................................................................

Part D-Termination..........................................................................

Sec. 851. Termination upon Enactment of Next Foreign 

Relations Act..............................................................

C. INTERNATIONAL SECURITY ASSISTANCE AND 

ARMS EXPORT CONTROL ACT OF 1976 .......................

Title II................................................................................................

Sec. 38. Control of Arms Exports and Imports....................

Sec. 101. Nuclear Enrichment Transfers ................................

Sec. 102. Nuclear Reprocessing Transfers, Illegal Exports 

for Nuclear Explosive Devices, Transfers of 

Nuclear Explosive Devices, and Nuclear 

Detonations ................................................................

D. INTERNATIONAL SECURITY AND DEVELOPMENT 

COOPERATION ACT OF 1980............................................

Sec. 1. Short Title ..................................................................

Title I—Military and Related Assistance and Sales Programs.....

Sec. 110. Exportation of Uranium Depleted in the Isotope 

235...............................................................................

E. INTERNATIONAL SECURITY AND DEVELOPMENT 

COOPERATION ACT OF 1981............................................

Sec. 1. Short Title ..................................................................

Title VII—Miscellaneous Provisions ..............................................

Sec. 735. Report on Nuclear Activities....................................

Sec. 737. Prohibitions Relating to Nuclear Transfers and 

Nuclear Detonations..................................................

F. FOREIGN OPERATIONS APPROPRIATIONS (IRAQ 

SANCTIONS) ..........................................................................
Sec. 586A. Declarations Regarding Iraq's Invasion of Kuwait

Sec. 586B. Consultations with Congress....................................

Sec. 586C. Trade Embargo against Iraq....................................

Sec. 586D. Compliance with United Nations Sanctions 

Against Iraq ...............................................................

Sec. 586E. Penalties for Violations of Embargo ........................

Sec. 586F. Declarations Regarding Iraq's Long–Standing 

Violations of International Law ...............................

Sec. 586G. Sanctions against Iraq...............................................

Sec. 586H. Waiver Authority ......................................................

Sec. 586I. Denial of Licenses for Certain Exports to 

Countries Assisting Iraq's Rocket or Chemical, 

Biological, or Nuclear Weapons Capability ............

Sec. 586J. Reports to Congress..................................................

G. EMERGENCY WARTIME SUPPLEMENTAL 

APPROPRIATIONS ACT, 2003 (IRAQ SANCTIONS) .....

Sec. 1503.........................................................................................

H. MEMORANDUM FOR THE SECRETARY OF STATE 

SUSPENDING THE IRAQ SANCTIONS ACT...................

I. NATIONAL DEFENSE AUTHORIZATION ACT FOR 

FISCAL YEAR 1993 (IRAN-IRAQ ARMS 

NON-PROLIFERATION OF 1992) ......................................

Title XVI—Iran-Iraq Arms Nonproliferation Act of 1992 ...........

Sec. 1601. Short Title ..................................................................

Sec. 1602. United States Policy...................................................

Sec. 1603. Application to Iran of Certain Iraq Sanctions........

Sec. 1604. Sanctions Against Certain Persons..........................

Sec. 1605. Sanctions against Certain Foreign Countries.........

Sec. 1606. Waiver ........................................................................

Sec. 1607. Reporting Requirement ............................................

Sec. 1608. Definitions..................................................................

J. NORTH KOREA THREAT REDUCTION 

(SUBTITLE B).........................................................................

Sec. 821. Short Title ..................................................................

Sec. 822. Restrictions on Nuclear Cooperation with North 

Korea ..........................................................................

Sec. 823. Definitions..................................................................

K. IRAN NONPROLIFERATION ACT OF 2000 ....................

Sec. 1. Short Title ..................................................................

Sec. 2. Reports on Proliferation Relating to Iran and 

Syria............................................................................

Sec. 3. Application of Measures to Certain Foreign 

Persons .......................................................................

Sec. 4. Procedures if Measures are Not Applied.................
Sec. 6. Restriction on Extraordinary Payments in 

Connection with the International Space Station...

Sec. 7. Definitions..................................................................

L. HENRY J. HYDE UNITED STATES-INDIA PEACEFUL 

ATOMIC ENERGY COOPERATION ACT OF 2006 

(TITLE 1).................................................................................

Title I—United States and India Nuclear Cooperation.................

Sec. 101. Short Title ..................................................................

Sec. 102. Sense of Congress......................................................

Sec. 103. Statements of Policy ..................................................

Sec. 104. Waiver Authority and Congressional Approval.....

Sec. 105. United States Compliance with Its Nuclear 

Nonproliferation Treaty Obligations.......................

Sec. 106. Inoperability of Determination and Waivers..........

Sec. 107. MTCR Adherent Status............................................

Sec. 108. Technical Amendment ..............................................

Sec. 109. United States-India Scientific Cooperative 

Nuclear Nonproliferation Program .........................

Sec. 110. Definitions..................................................................

M. UNITED STATES-INDIA NUCLEAR COOPERATION 

APPROVAL AND NONPROLIFERATION ENHANCEM

ACT ..........................................................................................

Sec. 1. Short Title and Table of Contents............................

Sec. 2. Definitions..................................................................

Title I—Approval of United States-India Agreement for 

Cooperation on Peaceful Uses of Nuclear Energy ...........

Sec. 101. Approval of Agreement.............................................

Sec. 102. Declarations of Policy; Certification 

Requirement; Rule of Construction.........................

Sec. 103. Additional Protocol Between India and the IAEA .

Sec. 104. Implementation of Safeguards Agreement 

Between India and the IAEA....................................

Sec. 105. Modified Reporting to Congress..............................

Title II—Strengthening United States Nonproliferation Law 

Relating to Peaceful Nuclear Cooperation .....................

Sec. 201. Procedures Regarding a Subsequent 

Arrangement on Reprocessing .................................

Sec. 202. Initiatives and Negotiations Relating to 

Agreements for Peaceful Nuclear Cooperation ......

Sec. 203. Actions Required for Resumption of Peaceful 

Nuclear Cooperation.................................................

Sec. 204. United States Government Policy at the Nuclear 

Suppliers Group to Strengthen the International 

Nuclear Nonproliferation Regime............................

Sec. 205. Conforming Amendments ........................................
Public Law 95–242 92 

March 10, 1978

An Act

To provide for more efficient and effective control over the 

of nuclear explosive capability.

Be it enacted by the Senate and House of Representative

United States of America in Congress assembled,

Sec. 1. Short Title

That this Act may be cited as the “Nuclear Non-Prolif

1978.”

Sec. 2. Statement of Policy

The Congress finds and declares that the proliferatio

explosive devices or of the direct capability to manufactur

acquire such devices poses a grave threat to the security in

United States and to continue international progress towar

and development. Recent events emphasize the urgency of 

the imperative need to increase the effectiveness of 

safeguards and controls on peaceful nuclear activitie

proliferation. Accordingly, it is the policy of the United Stat

(a) actively pursue through international initiatives m

fuel supply assurances and the establishment of m

international controls over the transfer and use of nuclear 

equipment and nuclear technology for peaceful purpose

prevent proliferation, including the establishment of commo

sanctions;

(b) take such actions as are required to confirm the rel

United States in meeting its commitments to supply nuclea

fuel to nations which adhere to effective non-proliferatio

establishing procedures to facilitate the timely processing o

subsequent arrangements and export licenses;

(c) strongly encourage nations which have not ratified 

the Non-Proliferation of Nuclear Weapons to do so at the ea

date; and

(d) cooperate with foreign nations in identifying and ada

technologies for energy production and, in particular

alternative options to nuclear power in aiding such nations 

energy needs, consistent with the economic and material reso

nations and environmental protection.

Sec. 3. Statement of Purpose

It is the purpose of this Act to promote the policies set fo

(a) establishing a more effective framework for 

cooperation to meet the energy needs of all nations and to e

worldwide development of peaceful nuclear activities and 

any nation of nuclear materials and equipment and nucle

intended for use in peaceful nuclear activities do not 

proliferation;

(b) authorizing the United States to take such actions as 

ensure that it will act reliably in meeting its commitment to s

22 USC 3201 

note.

22 USC 3201.

22 USC 3202.
(c) providing incentives to the other nations of the world 

international cooperative efforts and to ratify the Treaty; an

(d) ensuring effective controls by the United States over 

nuclear materials and equipment and of nuclear technology.

Sec. 4. Definitions

(a) As used in this Act, the term–

(1) “Commission” means the Nuclear Regulatory Co

(2) “IAEA” means International Atomic Energy Age

(3) “nuclear materials and equipment” means so

special nuclear material, production facilities, utilization 

components, items or substances determined to have si

nuclear explosive purposes pursuant to subsection 109b

Act; 

(4) “physical security measures” means measures 

ensure that source or special nuclear material will onl

authorized purposes and to prevent theft and sabotage;

(5) “sensitive nuclear technology” means any 

(including information incorporated in a production 

facility or important component part thereof) which is n

the public and which is important to the design, 

fabrication, operation or maintenance of a uranium e

nuclear fuel reprocessing facility or a facility for the 

heavy water, but shall not include Restricted Data contr

to Chapter 12 of the 1954 Act;

(6) “1954 Act” means the Atomic Energy Act of 1954

and

(7) “the Treaty” means the Treaty on the Non-Pr

Nuclear Weapons.

(b) All other terms used in this Act not defined in this sec

the meanings ascribed to them by the 1954 Act, the Energy R

Act of 1974, and the Treaty.

Title I—United States Initiatives to Provide Adequate N

Supply

Sec. 101. Policy

The United States, as a matter of national policy, shall tak

and institute such measures as may be necessary and feas

other nations and groups of nations that may seek to utilize 

atomic energy for peaceful purposes that it will provide a r

of nuclear fuel to those nations and groups of nations wh

policies designed to prevent proliferation Such nuclear 

provided under agreements entered into pursuant to secti

1954 Act or as otherwise authorized by law. The United Stat

that it will have available the capacity on a long-term basi

new fuel supply commitments consistent with its nonprolife

and domestic energy needs. The Commission shall, on a 

authorize the export of nuclear materials and equipment 

applicable statutory requirements are met.

––––––––

1 Amended by P.L. 105-277, Div. G, Title XII, § 1225(e)(1), 112 Stat. 

(1998).

22 USC 3203.

42 USC 2011 

note.

22 USC 3221.

42 USC 5801 

note.

42 USC 2201.
and design, construction, and operation activities for expansi

enrichment capacity, as elsewhere provided by law. Further 

as well as the Nuclear Regulatory Commission, and the Secr

are directed to establish and implement procedures which 

the maximum extent feasible, consistent with this Act, orde

of subsequent arrangements and export licenses with minimu

Sec. 103. Report

The President shall promptly undertake a study to deter

for additional United States enrichment capacity to meet 

foreign needs and to promote United States non-proliferat

abroad. The President shall report to the Congress on the 

study within twelve months after the date of enactment of th

Sec. 104. International Undertaking

(a) Consistent with section 105 of this Act, the President 

prompt discussions with other nations and groups of natio

both supplier and recipient nations, to develop international a

meeting future worldwide nuclear fuel needs. In particular

is authorized and urged to seek to negotiate as soon as pr

nations possessing nuclear fuel production facilities or mate

other nations and groups of nations, such as the IAEA, as m

appropriate, with a view toward the timely establishme

international undertakings providing for–

(1) the establishment of an international nuclear 

(INFA) with responsibility for providing agreed fuel 

allocating agreed upon quantities of fuel resources t

supply on reasonable terms in accordance with agreem

INFA and supplier and recipient nations;

(2) a set of conditions consistent with subsection (d

international fuel assurances under INFA auspices will b

recipient nations. including conditions which will en

transferred materials will not be used for nuclear explos

(3) devising, consistent with the policy goals set fo

403 of this Act, feasible and environmentally sound appr

siting, development, and management under effective 

auspices and inspection of facilities for the provision o

services, including the storage of special nuclear materia

(4) the establishment of repositories for the storage o

reactor fuel under effective international auspices and in

(5) the establishment of arrangements under which n

spent fuel in such repositories would receive appropriate 

for the energy content of such spent fuel if recovery o

content is deemed necessary or desirable; and

(6) sanctions for violations of the provisions of or for 

such binding international undertakings.

(b) The President shall submit to Congress not later th

after the date of enactment of this Act proposals for initial fu

including creation of an interim stockpile of uranium enrich

20 percent in the uranium isotope 235 (low-enriched ur

available for transfer pursuant to a sales arrangement to 

adhere to strict policies designed to prevent proliferation 

––––––––

2 Amended by P.L. 105-277, Div. G, Title XII, § 1225(e)(2), 112 Stat. 

(1998).

22 USC 3222 

note.

Study.

Report to 

Congress.

22 USC 3223.

Discussions 

and 

negotiations.

Proposals, 

submitted to 

Congress.
uranium up to an amount sufficient to produce 100,000 N

power from light water nuclear reactors, and shall also incl

for seeking contributions from other supplier nations to su

stockpile pending the establishment of INFA.

(c) The President shall, in the report required by sect

address the desirability of and options for foreign participat

investment, in new United States uranium enrichment f

report shall also address the arrangements that would b

implement such participation and the commitments that wou

as a condition of such participation. This report shall be ac

any proposed legislation to implement these arrangements.

(d) The fuel assurances contemplated by this section sh

benefit of nations that adhere to policies designed to prevent 

In negotiating the binding international undertakings call

section, the President shall, in particular, seek to ensure th

of such undertakings are available to non-nuclear-weapon 

such states accept IAEA safeguards on all their peaceful nuc

do not manufacture or otherwise acquire any nuclear explos

not establish any new enrichment or reprocessing facilities 

facto or de jure control, and place any such existing fa

effective international auspices and inspection.

(e) The report required by section 601 shall include infor

progress made in any negotiations pursuant to this section.

(f)(1) The President may not enter into any binding 

undertaking negotiated pursuant to subsection (a) which is no

such time as such proposed undertaking has been sub

Congress and has been approved by concurrent resolution.

(2) The proposals prepared pursuant to subsection 

submitted to the Congress as part of an annual authori

the Department of Energy.

Sec. 105. Reevaluation of Nuclear Fuel Cycle

The President shall take immediate initiatives to invi

supplier and recipient nations to reevaluate all aspects of th

cycle, with emphasis on alternatives to an economy 

separation of pure plutonium or the presence of high enric

methods to deal with spent fuel storage, and methods to 

safeguards for existing nuclear technology. The President sh

report required by section 601, detail the progress of such 

reevaluation.

Title II—United States Initiatives to Strengthen the In

Safeguards System

Sec. 201. Policy

The United States is committed to continued strong su

principles of the Treaty on the Non-Proliferation of Nuclea

a strengthened and more effective International Atomic E

and to a comprehensive safeguards system administered by 

deter proliferation. Accordingly, the United States shall se

other nations to–

(a) continue to strengthen the safeguards program of the 

order to implement this section, contribute funds, technical 

other support to assist the IAEA in effectively implementing 

Proposed 

legislation.

22 USC 3224.

22 USC 3241.
(c) improve the IAEA safeguards system (including acc

ensure–

(1) the timely detection of a possible diversion of sou

nuclear materials which could be used for nuclear explo

(2) the timely dissemination of information re

diversion; and

(3) the timely implementation of internationally agre

in the event of such diversion;

(d) ensure that the IAEA receives on a timely basis the d

it to administer an effective comprehensive internation

program and that the IAEA provides timely notice to the wor

of any evidence of a violation of any safeguards agreement 

a party; and

(e) encourage the IAEA, to the maximum degree consi

Statute, to provide nations which supply nuclear materials a

with the data needed to assure such nations of adherenc

commitments applicable to such supply.

Sec. 202. Training Program

The Department of Energy, in consultation with the Com

establish and operate a safeguards and physical security tra

to be made available to persons from nations and groups of 

have developed or acquired, or may be expected to devel

nuclear materials and equipment for use for peaceful purpo

program shall include training in the most advanced sa

physical security techniques and technology consistent wit

security interests of the United States.

Sec. 203. Negotiations

The United States shall seek to negotiate with other natio

of nations to–

(1) adopt general principles and procedures, inclu

international sanctions, to be followed in the event 

violates any material obligation with respect to the pe

nuclear materials and equipment or nuclear technology, 

that any nation violates the principles of the Treaty, 

detonation by a non-nuclear-weapon state of a nucl

device; and

(2) establish international procedures to be followed 

diversion, theft, or sabotage of nuclear materials or sabot

facilities, and for recovering nuclear materials that hav

stolen, or obtained or used by a nation or by any perso

contravention of the principles of the Treaty.

22 USC 3242.

22 USC 3243.
Sec. 301. Government-to-Government Transfers

(a) Section 54 of the 1954 Act is amended by adding a n

d. thereof as follows:

d. The authority to distribute special nuclear material und

other than under an export license granted by the Nucle

Commission shall extend only to the following small quanti

nuclear material (in no event more than five hundred grams 

uranium isotope 233, the uranium isotope 235, or plutonium 

special nuclear material to any recipient):

(1) which are contained in laboratory samples, medi

monitoring or other instruments; or

(2) the distribution of which is needed to deal with 

situation in which time is of the essence.

(b) Section 64 of the 1954 Act is amended by inserting 

immediately after the second sentence thereof: “The authorit

source material under this section other than under an e

granted by the Nuclear Regulatory Commission shall in no 

quantities of source material in excess of three metric ton

recipient.”

(c) Chapter 10 of the 1954 Act is amended by adding 

111 as follows:

Sec. 111.a. The Nuclear Regulatory Commission is 

license the distribution of special nuclear material, source 

byproduct material by the Department of Energy pursuant 

64, and 82 of this Act, respectively, in accordance w

procedures established by law for the export licensing of su

any person: Provided, That nothing in this section sha

licensing of the distribution of byproduct material by the D

Energy under section 82 of this Act.

b. The Department of Energy shall not distribute any s

material or source material under section 54 or 64 of this A

under an export license issued by the Nuclear Regulatory 

until (1) the Department has obtained the concurrence of th

of State and has consulted with the Arms Control and 

Agency, the Nuclear Regulatory Commission, and the D

Defense under mutually agreed procedures which shall b

within not more than ninety days after the date of enac

provision and (2) the Department finds based on a reasonabl

the assurances provided and the information available to the 

Government, that the criteria in section 127 of this Act or th

and any applicable criteria in sub section 128 are met, 

proposed distribution would not be inimical to the commo

security.

Sec. 302. Special Nuclear Material Production

Subsection 57b. of the 1954 Act is amended to read as f

b. It shall be unlawful for any person to directly or indire

the production of any special nuclear material outside of the 

except (1) as specifically authorized under an agreement fo

made pursuant to section 123, including a specific auth

subsequent arrangement under section 131 of this Act, 

authorization by the Secretary of Energy after a determina

activity will not be inimical to the interest of the United Sta

That any such determination by the Secretary of Energy shal

42 USC 2074.

42 USC 2094.

42 USC 2141.

42 USC 2112

Special nuclear 

material, 

production.

42 USC 2077. 

Standards and 

criteria. 

Technology 

transfers. 
the Department of Commerce, and the Department of Defe

of Energy shall, within ninety days after the enactment of the 

Proliferation Act of 1978, establish orderly and expeditiou

including provision for necessary administrative actions an

memoranda of understanding, which are mutually agre

Secretaries of State, Defense, and Commerce, and the Nucle

Commission for the consideration of requests for authorizat

subsection. Such procedures shall include, at a minimum, exp

on the handling of such requests, express deadlines for the s

collection of the views of the consulted agencies (with iden

responsible for meeting such deadlines), an interagency 

authority to monitor the processing of such requests, p

procedures for the expeditious handling of intra-agency and 

disagreements and appeals to higher authorities, frequen

interagency administrative coordinators to review the status 

requests, and similar administrative mechanisms. To 

practicable, an applicant should be advised of all the inform

of the applicant for the entire process for every agency’s 

beginning of the process. Potentially controversial reque

identified as quickly as possible so that any required polic

diplomatic consultations can be initiated in a timely manner. 

effort should be undertaken to establish quickly any neces

and criteria, including the nature of any required assurances 

showing, for the decision required under this subsection. T

of any request proposed and filed as of the date of enactment 

Non-Proliferation Act of 1978 shall not be delayed 

development and establishment of procedures to im

requirements of this subsection. Any trade secrets o

information submitted by any person seeking an authorizat

subsection shall be afforded the maximum degree of protec

by law: Provided further, That the export of component part

subsection 11v.(2) or 11cc.(2) shall be governed by section

of this Act: Provided further, That notwithstanding subsec

the Department of Energy Organization Act (Public Law 

Secretary of Energy and not the Federal Energy Regulatory 

shall have sole jurisdiction within the Department of Ene

matter arising from any function of the Secretary of Energy 

section 54d., section 64, or section 111b.

Sec. 303. Subsequent Arrangements

(a) Chapter 11 of the 1954 Act, as amended by sections 

307, and 308, is further amended by adding at the e

following:

Sec. 131. SUBSEQUENT ARRANGEMENTS.–

a. (1) Prior to entering into any proposed subsequen

under an agreement for cooperation (other than an a

cooperation arranged pursuant to subsection 91c., 144b., o

Act), the Secretary of Energy shall obtain the concurrence o

of State and shall consult with the Director, the Commis

Secretary of Defense: Provided, That the Secretary of State 

leading role in any negotiations of a policy nature pert

proposed subsequent arrangement regarding arrangements f

or disposition of irradiated fuel elements or approvals for th

Authorization 

requests, 

procedures.

Trade secrets, 

protection.

42 USC 2014.

42 USC 7172.

42 USC 2074.

42 USC 2094.

42 USC 2160.

Consultation.

2 USC 2121.

42 USC 2164.
facilities, or nuclear technology. Notice of any propose

arrangement shall be published in the Federal Register, tog

written determination of the Secretary of Energy that such 

will not be inimical to the common defense and secur

proposed subsequent arrangement shall not take effect befo

after publication. Whenever the Director declares that he inte

a Nuclear Proliferation Assessment Statement pursuant to pa

this subsection, notice of the proposed subsequent arrange

the subject of the Director’s declaration shall not be publis

the receipt by the Secretary of Energy of such Statement or 

of the time authorized by subsection c. for the prepar

Statement, whichever occurs first.

(2) If in the Director’s view a proposed subsequent arran

significantly contribute to proliferation, he may prepare a

Nuclear Proliferation Assessment Statement with regard to 

subsequent arrangement regarding the adequacy of the s

other control mechanisms and the application of the 

assurances of the relevant agreement to ensure that ass

furnished pursuant to the “subsequent arrangement” will n

further any military or nuclear explosive purpose. For the pu

section, the term “subsequent arrangements”

means arrangements entered into by any agency or dep

United States Government with respect to cooperation w

or group of nations (but not purely private or domestic 

involving–

(A) contracts for the furnishing of nuclear 

equipment;

(B) approvals for the transfer, for which prio

required under an agreement for cooperation, by a re

source or special nuclear material, production or utili

or nuclear technology;

(C) authorization for the distribution of nuclear 

equipment pursuant to this Act which is not s

procedures set forth in section 111b., section 126, or 

(D) arrangements for physical security;

(E) arrangements for the storage or disposition of 

elements;

(F) arrangements for the application of safeguard

to nuclear materials and equipment; or

(G) any other arrangement which the Presiden

important from the standpoint of preventing prolifera

(3) The United States will give timely consideration 

for prior approval, when required by this Act, for the re

material proposed to be exported, previously exported 

the applicable agreement for cooperation, or special nu

produced through the use of such material or a production 

facility transferred pursuant to such agreement for coop

the altering of irradiated fuel elements containing such 

additionally, to the maximum extent feasible, will attem

such consideration when the terms and conditions for su

set forth in such agreement for cooperation or in 

international agreement executed by the United States 

Notice, 

publication in 

the Federal 

Register.

Nuclear 

Proliferation 

Assessment 

Statement.

Subsequent 

arrangements.

Contracts.
(4) All other statutory requirements under other secti

for the approval or conduct of any arrangement su

subsection shall continue to apply and other such req

prior approval or conditions for entering such arrangem

be satisfied before the arrangements takes effect pursuan

a. (1).

b. With regard to any special nuclear material exported 

States or produced through the use of any nuclear materials a

or sensitive nuclear technology exported by the United State

(1) the Secretary of Energy may not enter into an

arrangements for the retransfer of any such material to a 

for reprocessing, for the reprocessing of any such mater

subsequent retransfer of any plutonium in quantities gre

grams resulting from the reprocessing of any such materi

provided the Committee on International Relations of 

Representatives and the Committee of Foreign Relations 

with a report containing his reasons for entering into such 

and a period of 15 days of continuous session (as defined 

130g. of this Act) has elapsed: Provided, however, That if 

the President an emergency exists due to unforeseen 

requiring immediate entry into a subsequent arrangemen

shall consist of fifteen calendar days;

(2) the Secretary of Energy may not enter into an

arrangement for the reprocessing of any such material in a 

has not processed power reactor fuel assemblies or been t

subsequent arrangement therefor prior to the date of ena

Nuclear Non-Proliferation Act of 1978 or for subsequent 

non-nuclear-weapon state of any plutonium in quantitie

500 grams resulting from such reprocessing, unless in his j

that of the Secretary of State, such reprocessing or retra

result in a significant increase of the risk of proliferatio

which exists at the time that approval is requested. Among 

in making this judgment, foremost consideration will 

whether or not the reprocessing or retransfer will tak

conditions that will ensure timely warning to the United 

diversion well in advance of the time at which the non-nu

state could transform the diverted material into a nucl

device; and

(3) the Secretary of Energy shall attempt to ensure, in 

any subsequent arrangement for the reprocessing of any 

in any facility that has processed power reactor fuel assem

the subject of a subsequent arrangement therefor prior 

enactment of the Nuclear Non-Proliferation Act of 197

subsequent retransfer to any non-nuclear-weapon state of 

in quantities greater than 500 grams resulting from such 

that such reprocessing or retransfer shall take place und

comparable to those which in his view, and that of the Secr

satisfy the standards set forth in paragraph (2).

Report to 

congressional 

committees.
provisions for necessary administrative actions and 

memoranda of understanding, which are mutually agre

Secretaries of State, Defense, and Commerce, the Directo

Control and Disarmament Agency, and the Nuclea

Commission for the consideration of requests for subsequent 

under this section. Such procedures shall include, at a mini

direction on the handling of such requests, express dea

solicitation and collection of the views of the consulted a

identified officials responsible for meeting such deadlin

agency coordinating authority to monitor the processing of 

predetermined procedures for the expeditious handling of int

inter-agency disagreements and appeals to higher coordina

the status of all pending requests, and similar administrative 

To the extent practicable, an applicant should be advis

information required of the applicant for the entire proc

agency’s needs at the beginning of the process. Potentially 

requests be should identified as quickly as possible so tha

policy or decisions diplomatic consultations can be initiat

manner. An immediate effort should be undertaken to estab

necessary standards and criteria, including the nature of 

assurance or evidentiary showings, for the decisions requi

section. Further, such procedure shall specify that if he inte

a Nuclear Proliferation Assessment Statement, the Dire

declare in his response to the Department of Energy. If 

declares that he intends to prepare such a Statement he shal

sixty days of his receipt of a copy of the proposed subsequen

(during which time the Secretary of Energy may not e

subsequent arrangement), unless pursuant to the Director

President waives the sixty-day requirement and notifies the 

International Relations of the House of Representatives and t

on Foreign Relations of the Senate of such waiver and th

therefor. The processing of any subsequent arrangement 

filed as of the date of enactment of this section shall not be de

the development and establishment of procedures to im

requirements of this section.

d. Nothing in this section is intended to prohibit, pe

unconditionally, the reprocessing of spent fuel owned by a 

which fuel has been supplied by the United States, to preclu

States from full participation in the International Nuclea

Evaluation provided for in section 105 of the Nuclear Non

Act of 1978; to in any way limit the presentation or consid

evaluation of any nuclear fuel cycle by the United States 

participation; nor to prejudice open and objective consid

results of the evaluation.

e. Notwithstanding subsection 402(d) of the Departm

Organization Act (Public Law 95-91), the Secretary of Energ

Federal Energy Regulatory Commission, shall have sol

within the Department of Energy every any matter aris

function of the Secretary of Energy in this section.

f.(1) With regard to any subsequent arrangement und

a.(2)(E) (for the storage or disposition of irradiated fuel ele

such arrangement involves a direct or indirect commitment 

States for the storage or other disposition, interim or perm

reprocessing or 

transfer 

procedures.

Controversial 

requests, 

identification.

Standards and 

criteria.

Nuclear 

Proliferation 

Assessment 

Statement.

Presidential 

waiver.

Notice to 

congressional 

committees.

42 USC 7172.

Presidential 

plan, submittal 

to Congress.
(A)(i) Such commitment of the United States has bee

the Congress for a period of sixty days of continuou

defined in subsection 130g. of this Act) and has been r

Committee on International Relations of the House of R

and the Committee on Foreign Relations of the Senate

commitment shall not become effective if during such six

the Congress adopts a concurrent resolution stating in su

does not favor the commitment, any such commitment to 

pursuant to the procedures set forth in section 130 of th

consideration of Presidential submissions; or (ii) if the 

submitted a detailed generic plan for such disposition or 

United States to the Congress for period of sixty days 

session (as defined in subsection 130g. of this Act), w

been referred to the Committee on International Relation

of Representatives and the Committee on Foreign Re

Senate and has not been disapproved during such sixty-

the adoption of a concurrent resolution stating in s

Congress does not favor the plan; and the commitment is 

terms of an effective plan. Any such plan shall be consid

to the procedures set forth in section 130 of this 

consideration of Presidential submissions;

(B) The Secretary of Energy has complied with subs

(C) The Secretary of Energy has complied, or in th

will comply with all other statutory requirements of th

sections 54 and 55 and any other applicable sections, 

requirements of law.

(2) Subsection (1) shall apply to the storage or other dis

United States of limited quantities of foreign spent nucle

President determines that (A) a commitment under section 5

Act of the United States for storage or other disposition o

quantities in the United States is required by an emergency 

it is in the national interest to take such immediate actio

notifies the Committees on International Relations and 

Technology of the House of Representatives and the C

Foreign Relations and Energy and Natural Resources of the 

determination and action, with a detailed explanation an

thereof, as soon as possible.

(3) Any plan submitted by the President under subsect

include a detailed discussion, with detailed informati

supporting documentation thereof, relating to policy object

description, geographic information, costs data and justificat

regulatory consideration, environmental impact informa

related international agreements, arrangements or understan

(4) For the purposes of this subsection, the term “foreign 

fuel” shall include any nuclear fuel irradiated in any nuclear 

located outside of the United States and operated by any 

entity, government or nongovernment, regardless of the le

or other control of the fuel or the reactor and regardless o

licensing of the fuel or reactor, but not including fuel i

research reactor.

(b)(1) Section 54 of the 1954 Act is amended by 

subsection e. as follows,

Notice to 

congressional 

committees.

Plan, contents.

Foreign spent 

nuclear fuel.

42 USC 2075.
131a.(2)(E) shall be subject to the requirements of sectio

(2) Section 55 of the 1954 Act is amended by ad

at the end of the section as follows, “Providing, That th

this section to commit United States funds for any activ

to any subsequent arrangement under section 131a.(2

subject to the requirements of section 131.”

Sec. 304. Export Licensing Procedures

(a) Chapter 11 of the 1954 Act is amended by adding 

126 as follows:

Sec 126.Export Licensing Procedures.–

a. No license may be issued by the Nuclear Regulatory 

(the “Commission”) for the export of any production or utili

or any source material or special nuclear material, includin

of any material by the Department of Energy under section 

for which a license is required or requested, and no exemp

requirement for such an export license may be granted by the 

as the case may be, until –

(1) the Commission has been notified by the Secretary of 

the judgment of the executive branch that the propos

exemption will not be inimical to the common defense and s

any export in the category to which the proposed export belo

be inimical to the common defense and security bec

significance for nuclear explosive purposes. The Secretary 

within ninety days after the enactment of this section, establi

expeditious procedures, including provision for necessary 

actions and inter-agency memoranda of understanding, whic

agreeable to the Secretaries of Energy, Defense, and C

Nuclear Regulatory Commission,3 and the executive branch 

export applications under this section. Such procedures sha

minimum, explicit direction on the handling of such applica

deadlines for the solicitation and collection of the views of 

agencies (with identified officials responsible for meeting su

an inter-agency coordinating authority to monitor the proce

applications, predetermined procedures for the expeditiou

intra-agency and interagency disagreements and appea

authorities, frequent meetings of inter-agency administrativ

to review the status of all pending applications, and similar 

mechanisms. To the extent practicable, an applicant should 

all the information required of the applicant for the entire pro

agency’s needs at the beginning of the process. Potentially 

applications should be identified as quickly as possible so tha

policy decisions or diplomatic consultations can be initiat

manner. An immediate effort should be undertaken to est

any necessary standards and criteria, including the nature o

assurances or evidentiary showing, for the decisions requi

section. The processing of any export application proposed 

the date of enactment of this section shall not be delaye

development and establishment of procedures to im

requirements of this section. The executive branch judgm

completed in not more than sixty days from receipt of the 

––––––––

3 Amended by P.L. 105–277, Division G, Title XII, Chapter 3, § 1225

2681-774 (1998).

42 USC 2155.

Exemption.

42 USC 2112.

Executive 

branch 

judgment, 

notice to 

Commission.

Procedures.

Contents.

Standards and 

criteria.
because it is in the national interest to allow such additio

Secretary shall notify the Committee on Foreign Relations 

and the Committee on Foreign Affairs of the House of Repr

any such authorization. In submitting any such judgment, th

State shall specifically address the extent to which the expo

in effect are met and the extent to which the cooperating par

to the provisions of the applicable agreement for cooperatio

he considers it warranted, the Secretary may also address 

additional factors, among others:

(A) whether issuing the license or granting the e

materially advance the non-proliferation policy of the Un

encouraging the recipient nation to adhere to the 

participate in the undertakings contemplated by section 

of the Nuclear Non-Proliferation Act of 1978;

(B) whether failure to issue the license or grant 

would otherwise be seriously prejudicial to the non

objectives of the United States; and

(C) whether the recipient nation or group of natio

that conditions substantially identical to the export crite

section 127 of this Act will be applied by another nu

nation or group of nations to the proposed United Stat

whether in the Secretary’s judgment those condit

implemented in a manner acceptable to the United State

The Secretary of State shall provide appropria

recommendations, subject to requests for addition

recommendations, as required by the Commission or the 

Energy, as the case may be ; and 

(2) the Commission finds, based on a reasonable jud

assurances provided and other information available to 

Government, including the Commission, that the criteria in 

this Act or their equivalent, and any other applica

requirements, are met: Provided, That continued coopera

agreement for cooperation as authorized in accordance with 

this Act shall not be prevented by failure to meet the 

paragraph (4) or (5) of section 127 for a period of thi

enactment of this section, and for a period of twenty-

thereafter if the Secretary of State notifies the Commission 

or group of nations bound by the relevant agreement h

negotiations as called for in section 404(a) of the N

Proliferation Act of 1978; however, nothing in this subse

deemed to relinquish any rights which the United States m

agreements for cooperation in force on the date of enac

section:

Provided further, That, if upon the expiration of suc

month period, the President determines that failure to continu

with any group of nations which has been exempted pursuan

proviso from the provisions of paragraph (4) or (5) of secti

Act, but which has not yet agreed to comply with those pro

be seriously prejudicial to the achievement of United 

proliferation objectives or otherwise jeopardize the commo

security, he may, after notifying the Congress of his determi

by Executive order the duration of the above proviso for a pe

months, and may further extend the duration of such provis

Data and 

recommendations.

42 USC 2154.

Extension, 

notice to 

Congress.
Affairs of the House of Representatives or the Committe

Relations of the Senate reports a joint resolution to take an

respect to any such extension, such joint resolution will be 

the House or Senate, as the case may be, under procedur

those provided for the consideration of resolutions pursuant 

of this Act: And additionally provided, That the Commissio

to–

(A) make a single finding under this subsection f

single application or request, where the applications or re

exports to the same country, in the same general time fra

significance for nuclear explosive purposes and und

similar circumstances, and

(B) make a finding under this subsection tha

material changed circumstance associated with a new 

request from those existing at the time of the last applica

for an export to the same country, where the prior applica

was approved by the Commission using all applicable 

this section, and such finding of no material changed 

shall be deemed to satisfy the requirement of this paragrap

of the Commission. The decision not to make any such 

of the findings which would otherwise be required to b

this paragraph shall not be subject to judicial review: 

further, That nothing contained in this section is intended 

Commission independently to conduct or prohibit the 

from independently conducting country or site specific 

the Commission’s consideration of the application of IAE

b. (1) Timely consideration shall be given by the 

to requests for export licenses and exemptions and such 

be granted upon a determination that all applica

requirements have been met. 

(2) If, after receiving the executive branch judg

issuance of a proposed export license will not be in

common defense and security, the Commission does 

proposed license on a timely basis because it is unabl

statutory determinations required under this Act, the Com

publicly issue its decision to that effect, and shall subm

application to the President. The Commission’s decision 

application to the President. The Commission’s decision 

an explanation of the basis for the decision and any 

separate views. If, after receiving the proposed license a

reviewing the Commission’s decision, the President d

withholding the proposed export would be seriously pre

achievement of United States non-proliferation objecti

otherwise jeopardize the common defense and security

export may be authorized by Executive order Provided

any such export, the President shall submit the Exe

together with his explanation of why in light of the 

decision, the export should nonetheless be made, to the C

period of sixty days of continuous session (as defined 

130g.) and shall be referred to the Committee on Foreign 

House of Representatives and the Committee on Foreig

the Senate, but any such proposed export shall not occur 

sixty-day period the Congress adopts a concurrent resolu

Findings.

Judicial review, 

exception.

Presidential 

review.

Report to 

Congress and 

congressional 

committees.
in section 130 of this Act for the consideration o

submissions: And provided further, That the procedur

pursuant to subsection (b) of section 304 of the N

Proliferation Act of 1978 shall provide that the Com

immediately initiate review of any application for a lice

section and to the maximum extent feasible shall expedit

the application concurrently with the executive branch 

awaiting the final executive branch judgment. In initiati

the Commission may identify a set of concerns and 

information associated with the projected issuance of

such license and shall transmit such concerns and re

executive branch which shall address such concerns and 

written communications with the Commission. Such pr

also provide that if the Commission has not completed 

application within sixty days after the receipt of an exe

judgment that the proposed export or exemption is not i

common defense and security or that any export in th

which the proposed export belongs would not be in

common defense and security because it lacks significan

explosive purposes, the Commission shall inform the 

writing of the reason for delay and provide follow-

appropriate. If the Commission has not completed action 

an additional sixty days (a total of one hundred and twe

receipt of the executive branch judgment), the President 

the proposed export by Executive order, upon a findin

delay would be excessive and upon making the finding

such Presidential authorization under this subsection, and 

Congressional review procedures set forth herein. Ho

Commission has commenced procedures for public 

regarding the proposed export under regulations promulg

to subsection (b) of section 304 of the Nuclear Non-Pro

of 1978, or–within sixty days after receipt of the exe

judgment on the proposed export–the Commission has 

transmitted to the executive branch a set of additiona

requests for information, the President may not authorize 

export until sixty days after public proceedings are comp

days after a full executive branch response to the 

additional concerns or requests has been made co

subsection a. (1) of this section: Provided further, That 

section shall affect the right of the Commission to ob

recommendations from the Secretary of State at any tim

in subsection a.(1) of this section.

c. In the event that the House of Representatives or the S

joint resolution which would adopt one or more additional e

or would modify any existing export criteria under this Act, 

resolution shall be referred in the other House to the Commit

Relations of the Senate or the Committee on Foreign Affair

of Representatives, as the case may be, and shall be considere

House under applicable procedures provided for the con

resolutions pursuant to section 130 of this Act.

(b) Within one hundred and twenty days of the date of 

this Act, the Commission shall, after consultations with th

State, promulgate regulations establishing procedures (1) fo

Review.

Concerns and 

requests, 

transmittal to 

executive 

branch.

Referral to 

congressional 

committees.

42 USC 2155a.

Regulations.
in nuclear export licensing proceedings when the Commiss

such participation will be in the public interest and w

Commission in making the statutory determinations require

Act, including such public hearings and access to inform

Commission deems appropriate: Provided, That judicial rev

such finding shall be limited to the determination of whethe

was arbitrary and capricious; (3) for a public written Comm

accompanied by the dissenting or separate views of any Com

those proceedings where one or more Commissioners have 

separate views on the issuance of an export license; and 

notice of Commission proceedings and decisions, and for 

minutes and votes of the Commission: Provided further, 

regulations required by this subsection have been prom

Commission shall implement the provisions of this Act un

procedures established by the Commission.

(c) The procedures to be established pursuant to subse

constitute the exclusive basis for hearings in nuclear ex

proceedings before the Commission and, notwithstanding se

the 1954 Act, shall not require the Commission to grant any 

the-record hearing in such a proceeding.

(d) Within sixty days of the date of enactment of 

Commission shall, in consultation with the Secretary 

Secretary of Energy, and the Secretary of Defense, promul

from time to time amend) regulations establishing the leve

security which in its judgment are no less strict than those 

any international guidelines to which the United States s

which in its judgment will provide adequate protection for 

material referred to in paragraph (3) of section 127 of the 19

taking into consideration variations in risks to security as ap

Sec. 305. Criteria Governing United States Nuclear Exp

Chapter 11 of the 1954 Act, as a amended by section 3

amended by adding at the end thereof the following:

Sec. 127. CRITERIA GOVERNING UNITED STATE

EXPORTS–

The United States adopts the following criteria which, 

other requirements of law, will govern exports for peacefu

from the United States of source material, special nuc

production or utilization facilities, and any sensitive nuclear 

(1) IAEA safeguards, as required by Article III(2) of the 

applied with respect to any such material or facilities pr

exported, to any such material or facilities previously export

to the applicable agreement for cooperation, and to any s

material used in or produced through the use thereof.

(2) No such material, facilities, or sensitive nuclea

proposed to be exported or previously exported and s

applicable agreement for cooperation, and no special nu

producer through the use of such materials, facilities or sen

technology, will be used for any nuclear explosive device o

on or development of any nuclear explosive device.

––––––––

4 Amended by P.L. 105-277, Div. G, Title XII, Ch. 3, § 1225(e)(3), 11

(1998).

42 USC 2155a.

42 USC 2239.

Hearings.

42 USC 2156a.

Regulations.

42 USC 2156.
special nuclear material used in or produced through th

Following the effective date of any regulations promul

Commission pursuant to section 304(d) of the Nuclear Non

Act of 1978, physical security measures shall be deemed ad

measures provide a level of protection equivalent to that re

applicable regulations.

(4) No such materials, facilities, or sensitive nucle

proposed to be exported, and no special nuclear material pro

the use of such material, will be retransferred to the juris

other nation or group of nations unless the prior approval 

States is obtained for such retransfer. In addition to other re

law, the United States may approve such retransfer only if 

group of nations designated to receive such retransfer agre

be subject to the conditions required by this section.

(5) No such material proposed to be exported and no s

material produced through the use of such material will b

and no irradiated fuel elements containing such material re

reactor shall be altered in form or content, unless the prior a

United States is obtained for such reprocessing or alteration

(6) No such sensitive nuclear technology shall be expor

foregoing conditions shall be applied to any nuclear materia

which is produced or constructed under the jurisdiction o

nation or group of nations by or through the use of any 

sensitive nuclear technology.

Sec. 306. Additional Export Criterion and Procedures

Chapter 11 of the 1954 Act, as amended by sections 30

further amended by adding at the end thereof the following:

Sec. 128. ADDITIONAL EXPORT CRITE

PROCEDURES–

a. (1) As a condition of continued United States export so

special nuclear material, production or utilization facili

sensitive nuclear technology to non-nuclear-weapon states, n

shall be made unless IAEA safeguards are maintained with 

peaceful nuclear activities in, under the jurisdiction of, or car

the control of such state at the time of the export.

(2) The President shall seek to achieve adherence to 

criterion by recipient non-nuclear-weapon states.

b. The criterion set forth in subsection a. shall be applie

criterion with respect to any application for the export 

facilities, or technology specified in subsection a. which 

eighteen months from the date of enactment of this section, o

application under which the first export would occur at lea

months after the date of enactment of this section, except a

the following paragraphs:

(1) If the Commission or the Department of Energ

may be, is notified that the President has determined 

approve an export to which this subsection applies 

criterion has not yet been met would be seriously prej

achievement of United States non-proliferation objectiv

otherwise jeopardize the common defense and security, 

authorization may be issued subject to other applicable 

of law Provided, That no such export of any production 

facility or of any source of special nuclear material (int

42 USC 2157.

Export 

applications, 

criterion 

enforcement.

Report to 

congressional 

committees.
nuclear- weapon state which has failed to meet such crit

first such license or authorization with respect to such sta

to the Congress (together with a detailed assessment o

underlying the President’s determination, the judg

executive branch required under section 126 of this Act 

Commission opinion and views) for a period of s

continuous session (as defined in subsection 130g. of 

referred to the Committee on International Relations of 

Representatives and the Committee on Foreign Relations 

but such export shall not occur if during such sixty-d

Congress adopts a concurrent resolution stating in subs

Congress does not favor the proposed export. Any su

authorization shall be considered pursuant to the proced

in section 130 of this Act for the consideration o

submissions.

(2) If the Congress adopts a resolution of disapprov

paragraph (1), no further export of materials, facilities, 

specified in subsection a. shall be permitted for the rem

Congress, unless such state meets the criterion or the Pre

the Congress that he has determined that significant pro

made in achieving adherence to such criterion by such 

United States foreign policy interests dictate reconside

Congress, pursuant to the procedure of paragraph (1), do

concurrent resolution stating in substance that it disag

President’s determination.

(3) If the Congress does not adopt a resolution of dis

respect to a license or authorization submitted pursuan

(1), the criterion set forth in subsection a. shall not be 

export criterion with respect to exports of materials, 

technology specified in subsection a. to that state: Prov

first license or authorization with respect to that state w

pursuant to this paragraph after twelve months from the 

sixty-day period specified in paragraph (1), and the firs

or authorization which is issued after each twelve-

thereafter, shall be submitted to the Congress for revie

the procedures specified in paragraph (1): Provided furth

Congress adopts a resolution of disapproval during any 

provided for this paragraph, the provisions of paragraph 

with respect to further exports to such state.

Sec. 307. Conduct Resulting in Termination of Nuclear E

Chapter 11 of the 1954 Act, as amended by sections 304, 

is further amended by adding at the end thereof:

Sec. 129. Conduct Resulting In Termination Of Nuclear 

No nuclear materials and equipment or sensitive nucle

shall be export to–

(1) any non-nuclear-weapon state that is found by th

have, at any time after the effective date of this section,

(A) detonated a nuclear explosive device; or

(B) terminated or abrogated IAEA safeguards; or

(C) materially violated an IAEA safeguards agre

(D) engaged in activities involving source or s

material and having direct significance for the m

acquisition of nuclear explosive devices, and has faile

Congressional 

disapproval, 

resolution.

Export 

authorizations, 

congressional 

review.

Export 

terminations, 

criterion.

42 USC 2158.
(2) any nation or group of nations that is found by th

have, at any time after the effective date of this section,

(A) materially violated an agreement for cooper

United States, or, with respect to material or e

supplied under an agreement for cooperation, mate

the terms under which such material or equipment w

the terms of any commitments obtained with re

pursuant to section 402(a) of the Nuclear Non-Prolif

1978; or

(B) assisted, encouraged, or inducted any non-nu

state to engage in activities involving source or s

material and having direct significance for the m

acquisition of nuclear explosive devices, and has faile

which, in the President’s judgment, represent suffi

toward terminating such assistance, encour

inducement; or

(C) entered into an agreement after the date of ena

section for the transfer of reprocessing equipment, 

technology to the sovereign control of a non-nuclear

except in connection with an international fuel cycle 

which the United States is a participant or pursuant to 

international agreement or understanding to whic

States subscribes; unless the President determines th

such exports would be seriously prejudicial to the a

United States non-proliferation objectives or otherw

the common defense and security: Provided, Tha

effective date of any such determination, th

determination, together with a report containing the r

determination, shall be submitted to the Congress a

the Committee on International Relations of t

Representatives and the Committee on Foreign Re

Senate for a period of sixty days of continuous sessi

in subsection 130g. of this Act), but any such deter

not become effective if during such sixty-day period 

adopts a concurrent resolution stating in substance t

favor the determination. Any such determinat

considered pursuant to the procedures set forth in s

this Act for the consideration of Presidential submiss

Sec. 308. Congressional Review Procedures

Chapter 11 of the 1954 Act, as amended by sections 304, 

307, is further amended by adding at the end thereof the fol

Sec. 130. CONGRESSIONAL REVIEW PROCEDURE

a. Not later than forty-five days of continuous session of 

the date of transmittal to the Congress of any submission of 

required by subsection 123d., 126a.(2), 126b.(2), 128b., 12

131f.(1)(A) of this Act, the Committee on Foreign Relations 

and the Committee on International Relations of th

Representatives and in addition, in the case of a proposed a

cooperation arranged pursuant to subsection 91c., 144b., 

Committee on Armed Services of the House of Represent

Committee on Armed Services of the Senate, shall each sub

its respective House on its views and recommendations re

Presidential submission together with a resolution, as defined 

Report to 

Congress.

42 USC 2159.

Congressional 

committee 

reports.

42 USC 2121.

42 USC 2164.
has not reported such a resolution at the end of such forty-fi

such committee shall be deemed to be discharged 

consideration of such submission and if, in the case o

agreement for cooperation arranged pursuant to subsection 

144c. of this Act, the other relevant committee of that Hous

such a resolution, such committee shall be deemed discharge

consideration of that resolution. If no such resolution has be

the end of such period, the first resolution, as defined in 

which is introduced within five days thereafter within such H

placed on the appropriate calendar of such House.

b. When the relevant committee or committees have re

resolution (or have been discharged from further considera

resolution pursuant to subsection a.) or when a resolut

introduced and placed on the appropriate calendar pursuant 

a., as the case may be it is at any time thereafter in order (

previous motion to the same effect has been disagreed to) fo

of the respective House to move to proceed to the consid

resolution. The motion is highly privileged and is not d

motion shall not be subject to amendment, or to a motion t

to a motion to proceed to the consideration of other busines

reconsider the vote by which the motion of other business

reconsider the vote by which the motion is agreed to or disa

not be in order. If a motion to proceed to the consideration of 

is agreed to, the resolution shall remain the unfinished b

respective House until disposed of.

c. Debate on the resolution, and on all debatable motion

in connection therewith, shall be limited to not more than ten 

shall be divided equally between individuals favoring an

opposing the resolution. A motion further to limit debate i

not debatable. An amendment to a motion to postpone, o

recommit the resolution, or a motion to proceed to the co

other business is not in order. A motion to reconsider the v

the resolution is agreed to or disagreed to shall not be 

amendment to any concurrent resolution pursuant to the pro

section is in order except as provided in subsection d.

d. Immediately following (1) the conclusion of the d

concurrent resolution, (2) a single quorum call at the conclu

if requested in accordance with the rules of the appropriate H

the consideration of an amendment introduced by the Majo

his designee to insert the phrase, “does not” in lieu of the w

the resolution under consideration is a current resolution of 

vote on final approval of the resolution shall occur.

e. Appeals from the decisions of the Chair relating to t

of the rules of the Senate or the House of Representatives, a

be, to the procedure relating to such a resolution shall be de

debate.

f. For the purposes of subsections a. through e. of this se

“resolution” means a concurrent resolution of the Congre

after the resolving clause of which is as follows: That the C

or does not) favor the _____ transmitted to the Congress by 

on, _____, _____, the blank spaces therein to be appropriat

the affirmative or negative phrase within the parenth

appropriately selected.

Resolution.
Congress sine die; and

(2) the days on which either House is not in session 

adjournment of more than three days to a day certain ar

the computation of any period of time in which C

continuous session.

h. This section is enacted by Congress–

(1) as an exercise of the rulemaking power of the S

House of Representatives, respectively, and as such the

part of the rules of each House, respectively, but applic

respect to the procedure to be followed in that Hou

resolutions described by subsection f. of this secti

supersede other rules only to the extent that they ar

therewith; and

(2) with full recognition of the constitutional right o

to change the rules (so far as relating to the procedures 

at any time, in the same manner and to the same extent 

of any other rule of that House.

Sec. 309. Component and Other Parts of Facilities

(a) Section 109 of the 1954 Act is amended to read as fo

Sec. 109. Component And Other Parts Of Facilities–

a. With respect to those utilization and production facili

so determined by the Commission pursuant to subsecti

11cc.(2) the Commission may issue general licenses 

activities required to be licensed under section 101, if the 

determines in writing that such general licensing will not 

unreasonable risk to the common defense and security.

b. After consulting with the Secretaries of State, 

Commerce, the Commission is authorized and directed to de

component parts as defined in subsection 11v.(2) or 11cc.

other items or substances are especially relevant from the 

export control because of their significance for nuclear explo

Except as provided in section 126 b.(2), no such component

item which is so determined by the Commission shall be ex

the Commission issues a general or specific license for it

finding, based on a reasonable judgment of the assurances 

other information available to the Federal Government, 

Commission, that the following criteria or their equivalent 

IAEA safeguards as required by Article III(2) of the Treaty w

with respect to such component, substance, or item; 

component, substance, or item will be used for any nuc

device or for research on or development of any nuclear exp

and (3) no such component, substance, or item will be retran

jurisdiction of any other nation or group of nations unless the 

of the United States is obtained for such retransfer; and afte

in writing that the issuance of each such general or spec

category of licenses will not be inimical to the common 

security: Provided, That a specific license shall not be r

export pursuant to this section if the component, item o

covered by a facility license issued pursuant to section 126 

––––––––

5 Amended by P.L. 105-277, Div. G, Title XII, Ch. 3, § 1225(d)(2), 11

(1998).

Congress, 

computation.

42 USC 2139.

Domestic 

activities licenses, 

issuance 

authorization.

42 USC 2139.

Export licenses.
the procedures established under subsection 126a., that the 

be inimical to the common defense and security of the Unite

(b) The Commission, not later than one hundred and twe

the date of the enactment of this Act, shall publish r

implement the provisions of subsections b. and c. of secti

1954 Act. Among other things, these regulations shall provid

consultation by the Commission with the Department 

Department of Energy, the Department of Defense, the D

Commerce, and the Arms Control and Disarmament Agenc

(c) The President, within not more than one hundred an

after the date of enactment of the Act, shall publish proced

the control by the Department of Commerce over all expo

than those licensed by the Commission, which could b

purposes other than those for which the export is intended, o

for nuclear explosive purposes. Among other things, these pr

provide for prior consultations, as required, by the D

Commerce with the Department of State, the Arms 

Disarmament Agency, the Commission, the Department o

the Department of Defense.

(d) The amendments to section 109 of the 1954 Act 

section shall not affect the approval of exports contracte

November 1, 1977, which are made within one year o

enactment of such amendments.

Title IV—Negotiation of Further Export Cont

Sec. 401. Cooperation with Other Nations

Section 123 of the 1954 Act is amended to read as follows:

Sec. 123. Cooperation With Other Nations–

No cooperation with any nation, group of nations or reg

organizations pursuant to section 53, 54a., 57, 64, 82, 91, 10

shall be undertaken until-”a. the proposed agreement for co

been submitted to the President, which proposed agreemen

the terms, conditions, duration, nature, and scope of the co

shall include the following requirements:

(1) a guaranty by the cooperating party that safeguar

in the agreement for cooperation will be maintained with 

nuclear materials and equipment transferred pursuant the

respect to all special nuclear material used in or produce

use of such nuclear materials and equipment, so long as t

equipment remains under the jurisdiction or control of th

party, irrespective of the duration of other provisions in 

or whether the agreement is terminated or suspended for 

(2) in the case of non-nuclear-weapon states, a req

condition of continued United States nuclear supp

agreement for cooperation, that IAEA safeguards be m

respect to all nuclear materials in all peaceful nuclear ac

the territory of such state, under its jurisdiction, or carrie

control anywhere;

(3) except in the case of those agreements for cooper

pursuant to subsection 91c., a guaranty by the coopera

no nuclear materials and equipment or sensitive nuclear 

be transferred pursuant to such agreement, and no sp

42 USC 2139a.

Regulations.

42 USC 2139a.

Export control 

procedures, 

Presidential 

publications.

42 USC 2139 

note.

Savings 

provisions.

42 USC 2153.

42 USC 2073, 

2074, 2077, 

2094, 2112, 

2121, 2133, 

2134, 2164.

Cooperative

agreements, 

submittal to

President.

Contents.
agreement, will be used for any nuclear explosive d

research on or development of any nuclear explosive dev

other military purpose;

(4) except in the case of those agreements for cooper

pursuant to subsection 91 c. and agreements for coo

nuclear-weapon states, a stipulation that the United Sta

the right to require the return of any nuclear materials a

transferred pursuant thereto and any special nuclear mat

through the use thereof if the cooperating party deton

explosive device or terminates or abrogates an agreemen

IAEA safeguards; 

(5) a guaranty by the cooperating party that any m

Restricted Data transferred pursuant to the agreement fo

and, except in the case of agreements arranged pursuant 

91c., 144b., or 144c any production or utilization facility

transferred pursuant to the agreement for cooperation 

nuclear material produced through the use of any su

through the use of any material transferred pursuant to t

will not be transferred to unauthorized persons or 

jurisdiction or control of the cooperating party without 

the United States;

(6) guaranty by the cooperating party that adeq

security will be maintained with respect to any nu

transferred pursuant to such agreement and with respect 

nuclear material used in or produced through the use of 

production facility, or utilization facility transferred pu

agreement;

(7) except in the case of agreements for coopera

pursuant to subsection 91c., 144b., or 144c., a gua

cooperating party that no material transferred pur

agreement for cooperation and no material used in or pro

the use of any material, production facility, or utiliz

transferred pursuant to the agreement for coopera

reprocessed, enriched or (in the case of plutonium, ura

uranium enriched to greater than twenty percent in the i

other nuclear materials which have been irradiated) oth

in form or content without the prior approval of the Unit

(8) except in the case of agreements for coopera

pursuant to subsection 91c., 144b., or 144c., a gua

cooperating party that no plutonium, no uranium 233, an

enriched to greater than twenty percent in the isotope 23

pursuant to the agreement for cooperation, or recove

source or special nuclear material so transferred or from 

special nuclear material used in any production facility 

facility transferred pursuant to the agreement for coope

stored in any facility that has not been approved in ad

United States; and

(9) except in the case of agreements for coopera

pursuant to subsection 91c., 144b., or 144c., a gua

cooperating party that any special nuclear material, produ

or utilization facility produced or constructed under the 

the cooperating party by or through the use of any sen

42 USC 2121.

42 USC 2164.
The President may exempt a proposed agreement fo

(except an agreement arranged pursuant to subsection 91c., 

144d.) from any of the requirements of the foregoing s

determines that inclusion of any such requirement would 

prejudicial to the achievement of United States non

objectives or otherwise jeopardize the common defense 

Except in the case of those agreements for cooperation arra

to subsection 91c., 144b., 144c., or 144d., any proposed 

cooperation shall be negotiated by the Secretary of State, wit

assistance and concurrence of the Secretary of Energ

consultation with the Commission shall be submitted to 

jointly by the Secretary of State and the Secretary of Energy 

by the views and recommendations of the Secretary of State

of Energy, and the Nuclear Regulatory Commission. The 

State shall also provide to the President an unclass

Proliferation Assessment Statement (A) which shall 

consistency of the text of proposed agreement for cooperati

requirements of this Act with specific attention to whether 

agreement is consistent with each of the criteria set forth in th

and (B) regarding the adequacy of the safeguards and 

mechanisms and the peaceful use assurances contained in 

for cooperation to ensure that any assistance furnished there

be used to further any military or nuclear explosive purpose. 

Proliferation Assessment Statement prepared pursuant to th

accompanied by a classified annex, prepared in consulta

Director of Central Intelligence, summarizing releva

information. In the case of those agreements for coopera

pursuant to subsection 91c., 144b., 144c., or 144d., 

agreement for cooperation shall be submitted to the Pre

Secretary of Energy or, in the case of those agreements fo

arranged pursuant to subsection 91c., 144b., or 144d., wh

implemented by the Department of Defense, by the Secretar

b. the President has approved and authorized the exe

proposed agreement for cooperation and has made a det

writing that the performance of the proposed agreement will 

will not constitute an unreasonable risk to, the common 

security;

c. the proposed agreement for cooperation (if not an agre

to subsection d.), together with the approval and determ

President, has been submitted to the Committee on Internati

of the House of Representatives and the Committee on For

of the Senate for a period of thirty days of continuous sessi

in subsection 130g.): Provided, however, That these com

having received such agreement for cooperation, may by 

writing waive the conditions of all or any portion of such thir

and

d. the proposed agreement for cooperation (if arrange

subsection 91c., 144b., 144c., or 144d., or if entailing impl

section 53, 54a., 103, or 104 in relation to a reactor that may 

producing more than five thermal megawatts or special nu

for use in connection therewith) has been submitted to 

together with the approval and determination of the Presiden

of sixty days of continuous session (as defined in subsection 

42 USC 2121.

42 USC 2164.

Agreement 

requirements, 

Presidential 

exemptions.

Nuclear 

Proliferation 

Assessment 

Statement.

Proposed 

cooperation 

agreements, 

submitted to 

President.

Submittal to 

congressional 

committees.

42 USC 2073, 

2074, 2133, 

2073, 2074, 

2133, 2134.
and in addition, in the case of a proposed agreement fo

arranged pursuant to subsection 91c., 144b., 144c., o

Committee on Armed Services of the House of Represent

Committee on Armed Services of the Senate, but such propo

for cooperation shall not become effective if during such six

the Congress adopts, and there is enacted, a joint resolut

substance that the Congress does not favor the proposed 

cooperation: Provided, That the sixty-day period shall not 

Nuclear Proliferation Assessment Statement prepared by th

State, and any annexes thereto, when required by subsect

been submitted to the Congress: Provided further, That an 

cooperation exempted by the President pursuant to subsectio

requirement contained in that subsection shall not become e

the Congress adopts, and there is enacted, a joint resolution s

Congress does favor such agreement. During the sixty–d

Committee on Foreign Affairs of the House of Represent

Committee on Foreign Relations of the Senate shall each ho

the proposed agreement for cooperation and submit a r

respective bodies recommending whether it should be 

disapproved. Any such proposed agreement for coopera

considered pursuant to the procedures set forth in section13

Following submission of a proposed agreement for coope

an agreement for cooperation arranged pursuant to subsectio

or 144c.) to the Committee on International Relations of 

Representatives and the Committee on Foreign Relations of 

Nuclear Regulatory Commission, the Department of State, th

of Energy, the Arms Control and Disarmament Age

Department of Defense shall, upon the request of eit

committees, promptly furnish to those committees their 

whether the safeguards and other controls contained there

adequate framework to ensure that any exports as contemp

agreement will not be inimical to or constitute an unreasona

common defense and security.

If, after the date of enactment of the Nuclear Non-Prolif

1978, the Congress fails to disapprove a proposed a

cooperation which exempts the recipient nation from the re

forth in subsection 123a.(2), such failure to act shall constitu

adopt a resolution of disapproval pursuant to subsection 

purposes of the Commission’s consideration of application

under section 126a.(2) and there shall be no congressional re

to section 128 of any subsequent license or authorization w

that state until the first such license or authorization which 

twelve months from the elapse of the sixty-day period 

agreement for cooperation in question is reviewed by the Co

Sec. 402. Additional Requirements

(a) Except as specifically provided in any agreement fo

no source or special nuclear material hereafter exported fro

States may be enriched after export without the prior ap

United States for such enrichment: Provided, That th

governing such approvals shall be identical to those set 

approval of proposed subsequent arrangements under secti

1954 Act, and any commitments from the recipient which th

Energy and the Secretary of State deem necessary to ens

42 USC 2121.

42 USC 2164.

Agency views to 

congressional 

committees.

42 USC 2153a.

Nuclear 

material 

enrichment, 

approval.
in question and shall be set forth in such submission: And pro

That no source or special nuclear material shall be exported f

of enrichment or reactor fueling to any nation or group of 

has, after the date of enactment of this Act, entered into a ne

agreement for cooperation with the United States, except pu

agreement.

(b) In addition to other requirements of law, no 

component of any uranium enrichment, nuclear fuel reproces

water production facility shall be exported under any a

cooperation (exempt an agreement for cooperation pursuant 

91c., 144b., 144c. of the 1954 Act) unless such agreement fo

specifically designates such components as items to be exp

to the agreement for cooperation. For purposes of this subse

“major critical component” means any component part 

component parts which the President determines to be es

operation of a complete uranium enrichment, nuclear fuel re

heavy water production facility.

Sec. 403. Peaceful Nuclear Activities

The President shall take immediate and vigorous 

agreement from all nations and groups of nations to commit 

adhere to the following export policies with respect to 

nuclear activities and their participation in international nuc

(a) No nuclear materials and equipment and no sen

technology within the territory of any nation or group of nat

jurisdiction, or under its control anywhere will be trans

jurisdiction of any other nation or group of nations unless 

group of nations receiving such transfer commits it

undertakings including, but not limited to, provisions suffic

that–

(1) no nuclear materials and equipment and no nucle

in, under the jurisdiction of, or under the control of any 

weapon state, shall be used for nuclear explosive de

purpose or for research on or development of nuclear exp

for any purpose, except as permitted by Article V, the T

(2) IAEA safeguards will be applied to all pea

activities in, under the jurisdiction of, or under contro

nuclear-weapon state;

(3) adequate physical security measures will be es

maintained by any nation or group of nations on all o

activities;

(4) no nuclear materials and equipment and no nucle

intended for peaceful purposes in, under the jurisdictio

the control of any nation or group of nations shall be tra

jurisdiction of any other nation or group of nations w

agree to stringent undertakings meeting the objectives o

and

42 USC 2121.

42 USC 2164.

Enrichment 

facility 

components, 

export 

prohibition.

Major critical 

component.

42 USC 2153b.

Export policies.
nuclear explosive device.

(b)(1) No source or special nuclear material within the t

nation or group of nations, under its jurisdiction, or und

anywhere will be enriched (as described in paragraph AA.(2

of the 1954 Act) or reprocessed, no irradiated fuel eleme

such material which are to be removed from a reactor wil

form or content, and no fabrication or stockpiling involvi

uranium 233, or uranium enriched to greater than 20 percent 

235 shall be performed except in a facility under effective 

auspices and inspection, and any such irradiated fuel elem

transferred to such a facility as soon as practicable after re

reactor consistent with safety requirements. Such facilities s

in number to the greatest extent feasible and shall be caref

managed so as to minimize the proliferation and enviro

associated with such facilities. In addition, there shall be con

the access of non-nuclear-weapon states other than the ho

sensitive nuclear technology associated with such facilities.

(2) Any facilities within the territory of any natio

nations, under its jurisdiction, or under its control any

necessary short-term storage of fuel elements containi

uranium 233, or uranium enriched to greater than 20 

isotope 235 prior to placement in a reactor or of irradiated 

prior to transfer as required in subparagraph (1) shall be 

effective international auspices and inspection.

(c) Adequate physical security measures will be es

maintained with respect to all nuclear activities within the te

nation and group of nations, under its jurisdiction, or und

anywhere, and with respect to any international shipment 

quantities of source or special nuclear material or irradia

special nuclear material, which shall also be conducted unde

safeguards.

(d) Nothing in this section shall be interpreted to requir

control or supervision of any United States military activitie

Sec. 404. Renegotiation of Agreements for Cooperation

(a) The President shall initiate a program immediately 

agreements for cooperation in effect on the date of enactme

or otherwise to obtain the agreement of parties to such a

cooperation to the undertakings that would be required for n

under the 1954 Act. To the extent that an agreement for c

effect on the date of enactment of this Act with a coop

contains provisions equivalent to any or all of the criteri

section 127 of the 1954 Act with respect to materials a

transferred pursuant thereto or with respect to any special nu

used in or produced through the use of any such material 

any renegotiated agreement with that cooperating party sha

contain an equivalent provision with respect to such transfe

and equipment and such special nuclear material. To the 

agreement for cooperation in effect on the date of enactme

with a cooperating party does not contain provisions with 

nuclear materials and equipment which have previously be

under an agreement for cooperation with the United States 

under the jurisdiction or control of the cooperating party an

to any special nuclear material which is used in or produce

42 USC 2104.

Enriched 

nuclear 

material and 

sources, 

prohibition.

Proposed 

international 

agreements.

Enriched 

nuclear 

material, 

short-term 

storage.

International 

inspection.

42 USC 2153c.
amended agreements for cooperation under section 123a. of 

the President shall vigorously seek to obtain the applic

provisions with respect to such nuclear materials and equipm

special nuclear material. Nothing in this Act or in the 195

deemed to relinquish any rights which the United States m

any agreement for cooperation in force on the date of ena

Act.

(b) The President shall annually review each of req

through (9) set forth for inclusion in agreements for coop

section 123a. of the 1954 Act and the export policy goa

section 401 to determine whether it is in the interest of Unit

proliferation objectives for any such requirements or export p

are not already being applied as export criteria to be enacted 

export criteria.

(c) If Presidential export criteria proposals, submittal 

the President proposes enactment of any such requireme

policies as additional export criteria or to take any other actio

to such requirements or export policy goals for the purpose o

adherence by nations and groups of nations to such requ

policies, he shall submit such a proposal together with a

thereof to the Congress.

(d) If the Committee on Foreign Relations of the 

Committee on Foreign Affairs6 of the House of Represe

reviewing the President’s annual report or any propose

determines that it is in the interest of United States non

objectives to take any action with respect to such requirem

policy goals, it shall report a joint resolution to im

determination. Any joint resolution so reported shall be con

Senate and the House of Representatives, respectively, un

procedures provided for the consideration of resolutions pur

subsection 130b. through g. of the 1954 Act.

Sec. 405. Authority to Continue Agreements

(a) The amendments to section 123 of the 1954 Act ma

shall not affect the authority to continue cooperation 

agreements for cooperation entered into prior to the date of 

this Act.

(b) Nothing in this Act shall affect the authority to in

settlement provisions, including arbitration, in any agr

pursuant to an Agreement of Cooperation.

Sec. 406. Review

No court or regulatory body shall have any jurisdiction 

to compel the performance of or to review the adequacy of th

of any Nuclear Proliferation Assessment Statement, or 

thereto, called for in this Act or in the 1954 Act.7

Sec. 407. Protection of the Environment

The president shall endeavor to provide in any agreemen

pursuant to section 123 of the 1954 Act for cooperation betw

in protecting the international environment from radioactiv

thermal contamination arising from peaceful nuclear activit

––––––––

6 Amended by P.L. 103-437, 108 Stat. 4581 (1994). 7 Amended by P.L. 105-277, Div. G, § 1225(e)(5), 112 Stat. 2681-774 

Export 

agreement 

conditions and 

policy, goals, 

Presidential 

review.

Presidential 

export criteria 

proposals, 

submittal to 

Congress.

42 USC 2153d.

Savings 

provision.

42 USC 2160a.

42 USC 2153e.
Sec. 501. Policy: Report

The United States shall endeavor to cooperate with 

international institutions, and private organizations in 

programs to assist in the development of non-nuclear energy 

cooperate with both developing and industrialized nations in 

international environment from contamination arising from 

and non-nuclear energy activities, and shall seek to cooperat

developing countries in meeting their energy needs 

development of such resources and the application o

technologies consistent with the economic factors, the mate

of those countries, and environmental protection. The Unite

additionally seek to encourage other industrialized nations 

nations to make commitments for similar cooperation 

developing countries. The President shall report annually to 

the level of other nations’ and groups of nations’ commitme

program and the relation of any such commitments to United 

under this Title. In cooperating with and providing such 

developing countries, the United States shall give priority to 

Treaty.

Sec. 502. Programs

(a) The United States shall initiate a program, consistent 

of section 501, to cooperate with developing countries for th

(1) meeting the energy needs required for the develo

countries;

(2) reducing the dependence of such countries on pe

with emphasis given to utilizing solar and other rene

resources; and

(3) expanding the energy alternatives available to su

(b) Such program shall include cooperation in evaluati

alternatives of developing countries, facilitating internati

energy commodities, developing energy resources, and app

energy technologies. The program shall include both genera

specific energy assessments and cooperative projects 

exploration and production, training, research and developm

(c) As an integral part of such program, the Departme

under the general policy guidance of the Department of 

cooperation with the Agency for International Developm

Federal agencies as appropriate, shall initiate, as soon as 

program for the exchange of United States scientists, tec

energy experts with those of developing countries to i

purposes of this section.

(d) For the purposes of carrying out this section, there is 

be appropriated such sums as are contained in annual auth

for the Department of Energy, including such sums whi

authorized for such purposes under previous legislation.

(e) Under the direction of the President, the Secretary 

ensure the coordination of the activities authorized by this T

related activities of the United States conducted abroad, 

programs authorized by sections 103(c), 106(a)(2), and 119 

Assistance Act of 1961.

22 USC 3261.

Nuclear and 

non-nuclear 

energy, 

resource 

development.

22 USC 3262.

Developing 

countries, 

energy 

development 

programs.

Assessment and 

cooperative 

projects.

Experts, 

exchange.

Appropriation 

authorization.

22 USC 2151a.

22 USC 2151d.

22 USC 2151q.
the President shall report to the Congress on the feasibility 

the cooperative activities established pursuant to section 5

international cooperative effort to include a scientific peace c

to encourage large numbers of technically trained voluntee

work in developing countries for varying periods of time fo

of engaging in projects to aid in meeting the energy needs of 

through the search for and utilization of indigenous energy 

the application of suitable technology, including the widespr

of renewable and unconventional energy technologies. Suc

also include a discussion of other mechanisms to conduct 

international effort to develop, demonstrate, and encourage 

of such technologies in developing countries.

Title VI—Executive Reporting

Sec. 601. Reports of the President

(a) The President shall review all activities of Governmen

and agencies relating to preventing proliferation and shall m

Congress in January of 1979 and annually in January 

thereafter on the Government’s efforts to prevent proliferatio

shall include but not be limited to–

(1) a description of the progress made toward–

(A) negotiating the initiatives contemplated in sec

105 of this Act;

(B) negotiating the international arrangements o

undertakings contemplated in section 403 of this Act

(C) encouraging non-nuclear-weapons states tha

to the Treaty to adhere to the Treaty or, pending such 

enter into comparable agreements with respect to saf

forswear the development of any nuclear explosive 

discouraging nuclear exports to non-nuclear-weapon 

have not taken such steps;

(D) strengthening the safeguards of the IAEA as 

in section 201 of this Act; and

(E) renegotiating agreements for cooperation as 

in section 404(a) of this Act;

(2) an assessment of the impact of the progress, 

paragraph (1) on the non-proliferation policy of the Un

explanation of the precise reasons why progress has not 

any particular point and recommendations with respect 

measures to encourage progress; and a statement of w

modifications, if any, are necessary in his judgment to ac

proliferation policy of the United States;

(3) a determination as to which non-nuclear-weapo

which the United States has an agreement for cooperati

under negotiation, if any, have–

(A) detonated a nuclear device; or

(B) refused to accept the safeguards of the IAEA 

peaceful nuclear activities; or

(C) refused to give specific assurances that 

manufacture or otherwise acquire any nuclear explos

Presidential 

report to 

Congress.

22 USC 3281.

Governmental 

nuclear 

nonproliferatio

n activities.
acquisition of nuclear explosive devices;

(4) an assessment of whether any of the policies set fo

have, on balance, been counterproductive from the 

preventing proliferation;

(5) a description of the progress made toward 

procedures to facilitate the timely processing of requests 

arrangements and export licenses in order to enhance th

the Unites States in meeting its commitments to supply nu

and fuel to nations which adhere to effective non-prolifer

(6)8 a description of the implementation of nuclear 

related dual-use export controls in the preceding c

including a summary by type of commodity and destina

(A) all transactions for which–

(i) an export license was issued for any go

under section 309(c) of this Act;

(ii) an export license was issued under sectio

1954 Act;

(iii) approvals were issued under the Export A

Act of 1979, or section 109b.(3) of the 1954 

retransfer of any item, technical data, component

or

(iv) authorizations were made as required by s

of the 1954 Act to engage, directly or indi

production of special nuclear material;

(B) each instance in which–

(i) a sanction has been imposed under sect

section 824 of the Nuclear Proliferation Preventio

or section 102(b)(1) of the Arms Export Control 

(ii) sales or leases have been denied under sec

Arms Export Control Act or transactions prohib

of acts relating to proliferation of nuclear explos

described in section 40(d) of that Act;

(iii) a sanction has not been imposed by rea

821(c)(2) of the Nuclear Proliferation Preventio

or the imposition of a sanction has been delayed 

102(b)(4) of the Arms Export Control Act; or

(iv) a waiver of a sanction has been made und

(I) section 821(f) or section 824 of 

Proliferation Prevention Act of 1994,

(II) section 620E(d) of the Foreign Assi

1961, or paragraph (5) or (6)(B) of section 

Arms Export Control Act,

(III) section 40(g) of the Arms Export Co

respect to the last sentence of section 40(d) o

(IV) section 614 of the Foreign Assistanc

with respect to section 620E of that Act or se

last sentence of section 40(d), or 102(b)(1) 

Export Control Act; and

(C) the progress of those independent states 

Soviet Union that are non-nuclear-weapon states and 

states towards achieving the objective of applyin

––––––––

8 Section 6 was added by P.L. 103-236, 108 Stat. 507-511 (1994).
classified form, as necessary. Any such information 

be published or disclosed under section 12(c)(1) 

Administration Act of 1979 shall be submitted as co

(b) In the first report required by this section, the P

analyze each civil agreement for cooperation negotiated 

section 123 of the 1954 Act, and shall discuss the scope an

the requirements and obligations relating to safeguards and 

therein.

Sec. 602. Additional Reports

(a) Reports by Nuclear Regulatory Commission and D

Energy. The annual reports to the Congress by the Comm

Department of Energy which are otherwise required by l

include views and recommendations regarding the policies 

the United States to prevent proliferation which are 

responsibility of those agencies. The Department's report s

detailed analysis of the proliferation implications of advanc

and reprocessing techniques, advanced reactors, and altern

fuel cycles. This part of the report shall include a comprehe

which includes any relevant classified information and 

unclassified version.

(b) Additional reporting requirements. The reporting requir

title are in addition to and not in lieu of any other reporting 

under applicable law.

(c) Congressional notification of nonproliferation activities

 (1) The Department of State, the Department of Defense, th

of Commerce, the Department of Energy, the Commissi

regard to subparagraph (B), the Director of Central Intelligen

the Committees on Foreign Relations and Governmental 

Senate and the Committee on International Relations of 

Representatives fully and currently informed with respect to

 (A) their activities to carry out the purposes and polic

and to otherwise prevent proliferation, including the pr

nuclear, chemical, or biological weapons, or their means of 

 (B) the current activities of foreign nations which are o

from the proliferation standpoint.

 (2) For the purposes of this subsection with respect to par

the phrase “fully and currently informed” means the transmi

information not later than 60 days after becoming aware 

concerned.

(d) Classified portions of reports. Any classified portions 

required by this Act shall be submitted to the Senate Fore

Committee and the House Foreign Affairs Committee.

(e) [Omitted]

(f) Access by Secretary of Defense to information rega

proliferation matters; applicability.

 (1) The Secretary of Defense shall have access, on a time

information regarding nuclear proliferation matters which th

State or the Secretary of Energy has or is entitled to have. Su

include access to all communications, materials, document

relating to nuclear proliferation matters.

 (2) This subsection does not apply to any intradepartmenta

the Department of State or the Department of Energy, or a

such document, that is solely concerned with internal, confi

Current civil 

agreements, 

analysis.

22 USC 3282.

Governmental 

nuclear 

nonproliferation 

activities.

Reports to 

Congress.
Sec. 603. Savings Clause

(a) All orders, determinations, rules, regulations, perm

agreements, certificates, licenses, and privileges–

(1) which have been issued, made, granted, or allow

effective in the exercise of functions which are the subje

by (i) any agency or officer, or part thereof, in exercising 

which are affected by this Act, or (ii) any court 

jurisdiction, and

(2) which are in effect at the time this Act take

continue in effect according to their terms until modifie

superseded, set aside, or repealed as the case may be, 

thereto or by any court of competent jurisdiction.

(b) Nothing in this Act shall affect the procedures or 

applicable to agreements for cooperation entered into pursu

91c., 144b., or 144c. of the 1954 Act or arrangements pursu

it was in effect immediately prior to the date of enactment o

(c) Except where otherwise provided, the provisions of 

take effect immediately upon enactment regardless of any re

the promulgation of regulations to implement such provisio

Other Provisions: Provision of Certain Information to C

(a) REQUIREMENT TO PROVIDE INFORMATION

each department and agency described in section 602(c) o

Non–Proliferation Act of 1978 (22 USC 3282(c)) shall pro

information to the chairman and ranking minority me

Committee on Foreign Relations of the Senate and the C

International Relations of the House of Representatives i

requirements of subsection (c) or (d) of section 602 of such 

(b) ISSUANCE OF DIRECTIVES.–Not later than Feb

the Secretary of State, the Secretary of Defense, the 

Commerce, the Secretary of Energy, the Director of Centra

and the Chairman of the Nuclear Regulatory Commissio

directives, which shall provide access to informatio

information contained in special access programs, to im

responsibilities under subsections (c) and (d) of section 602 

Non–Proliferation Act of 1978 (22 USC 3282(c) and (d)). C

directive shall be forwarded promptly to the Committe

Relations of the Senate and the Committee on Internationa

the House of Representatives upon the issuance of the direc

––––––––

9 Amended by P.L. 99-661, Div A, Title XIII, Part F, § 1370, 100 Stat

P.L. 103-437, § 9(a)(8), 108 Stat. 4588 (1994); P.L. 105-277, Div G, 

§ 1225(e)(6), 112 Stat. 2681-775 (1998); P.L. 106-113, Div B, § 100

1536 (1999). 10 Amended by P.L. 106–113, Division B, § 1000(a)(7), 113 Stat. 1536 

into law section 1134 of Subtitle B of Title XI of Division B of H.R. 

1501A–494, as introduced on November 17, 1999).

42 USC 2153f.

42 USC 2153f.

42 USC 2121.

42 USC 2164.

22 USC 3201 

note.

Effective date.

42 USC 3282 

note.
Public Law 103–236 108 

April 30, 1994

An Act

To provide for more efficient and effective control over the 

of nuclear explosive capability.

Be it enacted by the Senate and House of Representative

United States of America in Congress assembled,

Title VIII—Nuclear Proliferation Prevention A

Part B-Sanctions for Nuclear Proliferation

Sec. 821. Imposition of Procurement Sanction on Person

Export Activities that Contribute to Proliferation

(a) DETERMINATION BY THE PRESIDENT.–

(1) IN GENERAL.–Except as provided in subsecti

President shall impose the sanction described in subsec

President determines in writing that, on or after the eff

this part, a foreign person or a United States person has 

with requisite knowledge contributed, through the ex

United States or any other country of any goods or t

defined in section 830(2)), to the efforts by any individ

non-nuclear-weapon state to acquire unsafeguarded sp

material or to use, develop, produce, stockpile, or othe

any nuclear explosive device.

(2) PERSONS AGAINST WHICH THE SANCTIO

IMPOSED.–The sanction shall be imposed pursuant to 

on–

(A) the foreign person or United States person w

which the President makes the determination des

paragraph;

(B) any successor entity to that foreign person or 

person;

(C) any foreign person or United States person t

or subsidiary of that person if that parent or subsidi

and with requisite knowledge assisted in the activiti

the basis of that determination; and

(D) any foreign person or United States pers

affiliate of that person if that affiliate materially and 

knowledge assisted in the activities which were the 

determination and if that affiliate is controlled in 

person.

(3) OTHER SANCTIONS AVAILABLE.–The sanc

required to be imposed for activities described in this su

addition to any other sanction which may be imposed 

activities under any other provision of law.

Nuclear 

Proliferation 

Prevention Act 

of 1994.

22 USC 3201 

Note.

22 USC 6301.
knowingis defined in section 104 of the Foreign Cor

Act of 1977 (15 USC 78dd-2).

(b) CONSULTATION WITH AND ACTIONS BY 

GOVERNMENT OF JURISDICTION.–

(1) CONSULTATIONS.–If the President makes a 

described in subsection (a)(1) with respect to a foreig

Congress urges the President to initiate consultations imm

the government with primary jurisdiction over that foreig

respect to the imposition of the sanction pursuant to this 

(2) ACTIONS BY GOVERNMENT OF JURIS

order to pursue such consultations with that government

may delay imposition of the sanction pursuant to this se

90 days. Following these consultations, the President sh

sanction unless the President determines and certifies in 

Congress that that government has taken specific and eff

including appropriate penalties, to terminate the involv

foreign person in the activities described in subsectio

President may delay the imposition of the sanction 

additional 90 days if the President determines and certi

to the Congress that that government is in the process 

actions described in the preceding sentence.

(3) REPORT TO CONGRESS.–Not later than 9

making a determination under subsection (a)(1), the P

submit to the Committee on Foreign Relations and the 

Governmental Affairs of the Senate and the Committe

Affairs of the House of Representatives a report on 

consultations with the appropriate government under th

and the basis for any determination under paragrap

subsection that such government has taken specific corr

(c) SANCTION.–

(1) DESCRIPTION OF SANCTION.–The sanction t

pursuant to subsection (a)(1) is, except as provided in paragr

subsection, that the United States Government shall not pro

into any contract for the procurement of, any goods or serv

person described in subsection (a)(2).

(2) EXCEPTIONS.–The President shall not be requir

maintain the sanction under this section–

(A) in the case of procurement of defense artic

services–

(i) under existing contracts or subcontracts, 

exercise of options for production quantiti

requirements essential to the national security 

States;

(ii) if the President determines in writing that 

other entity to which the sanction would otherw

is a sole source supplier of the defense articles or 

the defense articles or services are essential, and t

sources are not readily or reasonably available; o

(iii) if the President determines in writing tha

or services are essential to the national security 

coproduction agreements;

President.

President.
to impose the sanction;

(C) to–

(i) spare parts which are essential to United S

or production;

(ii) component parts, but not finished produc

United States products or production; or

(iii) routine servicing and maintenance of pr

extent that alternative sources are not readily 

available;

(D) to information and technology essential to 

products or production; or

(E) to medical or other humanitarian items.

(d) ADVISORY OPINIONS.–Upon the request of an

Secretary of State may, in consultation with the Secretary of 

in writing an advisory opinion to that person as to wheth

activity by that person would subject that person to the sanc

section. Any person who relies in good faith on such an adv

which states that the proposed activity would not subject a p

sanction, and any person who thereafter engages in such act

be made subject to such sanction on account of such activity

(e) TERMINATION OF THE SANCTION.–The sanc

pursuant to this section shall apply for a period of at lea

following the imposition of the sanction and shall cease to ap

only if the President determines and certifies in writing to 

that–

(1) reliable information indicates that the foreign per

States person with respect to which the determination w

subsection (a)(1) has ceased to aid or abet any individ

non-nuclear-weapon state in its efforts to acquire u

special nuclear material or any nuclear explosive device

in that subsection; and

(2) the President has received reliable assurances fro

person or United States person, as the case may be, tha

will not, in the future, aid or abet any individual, group, o

weapon state in its efforts to acquire unsafeguarded s

material or any nuclear explosive device, as described 

(a)(1).

(f) WAIVER.–

(1) CRITERION FOR WAIVER.–The President m

application of the sanction imposed on any person pursuant 

after the end of the 12-month period beginning on the date 

sanction was imposed on that person, if the President d

certifies in writing to the Congress that the continued imp

sanction would have a serious adverse effect on vital 

interests.

(2) NOTIFICATION OF AND REPORT TO CONG

President decides to exercise the waiver authority 

paragraph (1), the President shall so notify the Congres

20 days before the waiver takes effect. Such notification 

a report fully articulating the rationale and circumstances 

President to exercise the waiver authority.
(1) PROHIBITION.-Section 3 of the Arms Export C

U.S.C. 2753) is amended by adding at the end the f

subsection:

“(f) No sales or leases shall be made to any country that 

has determined is in material breach of its binding comm

United States under international treaties or agreements c

nonproliferation of nuclear explosive devices (as defined in 

of the Nuclear Proliferation Prevention Act of 1994) and u

special nuclear material (as defined in section 830(8) of that 

(2) DEFINITION OF SUPPORT FOR INTER

TERRORISM.- Section 40 of such Act (22 U.S.C. 2780

(A) in subsection (d), by adding at the end the f

sentence: “For purposes of this subsection, such acts 

all activities that the Secretary determines willfully a

international proliferation of nuclear explosiv

individuals or groups or willfully aid or abet an indivi

in acquiring unsafeguarded special nuclear material.”

(B) in subsection (1)-

(i) in paragraph (2), by striking “and” after th

(ii) in paragraph (3), by striking the period a

inserting a semicolon; and

(iii) by adding at the end the following:

“(4) the term 'nuclear explosive device' has the mean

term in section 830(4) of the Nuclear Proliferation Prev

1994; and

“(5) the term 'unsafeguarded special nuclear mat

meaning given that term in section 830(8) of the Nuclea

Prevention Act of 1994.”.

(b) FOREIGN ASSISTANCE ACT OF 196 1.-

(1) PRESIDENTIAL DETERMINATION 82-7.-No

any other provision of law, Presidential Determination 

February 10, 1982, made pursuant to section 670(a)(2) 

Assistance Act of 1961, shall have no force or effect w

any grounds for the prohibition of assistance under sectio

the Arms Export Control Act arising on or after the eff

this part.

(2) AMENDMENT.-Section 620E(d) of the Foreign A

of 1961 (22 U.S.C. 2375(d)) is amended to read as follow

“(d) The President may waive the prohibitions of secti

Arms Export Control Act with respect to any grounds for t

of assistance under that section arising before the effective 

of the Nuclear Proliferation Prevention Act of 1994 to prov

to Pakistan if he determines that to do so is in the national 

United States.”.

Sec. 823. Role of International Financial Institutions

(a) IN GENERAL.-The Secretary of the Treasury sha

United States executive director to each of the internati

institutions described in section 701(a) of the Internatio

Institutions Act (22 U.S.C. 262d(a)) to use the voice and vote 

States to oppose any use of the institution's funds to 

acquisition of unsafeguarded special nuclear material or the 

stockpiling, or use of any nuclear explosive device by any 

weapon state.

22 USC 6302.
262d(b)(3)) is amended to read as follows:

“(3) whether the recipient country-

“(A) is seeking to acquire unsafeguarded sp

material (as defined in section 830(8) of the Nuclea

Prevention Act of 1994) or a nuclear explosive devi

in section 830(4) of that Act);

“(B) is not a State Party to the Treaty on the Non

of Nuclear Weapons; or

“(C) has detonated a nuclear explosive device; a

Sec. 824. Prohibition on Assisting Nuclear Proliferation 

Provision of Financing

(a) PROHIBITED ACTIVITY DEFINED.-For purp

section, the term “prohibited activity” means the act o

materially, and directly contributing or attempting to contr

the provision of financing, to—

(1) the acquisition of unsafeguarded special nuclear m

(2) the use, development, production, stockpili

acquisition of any nuclear explosive device, by any indi

or non-nuclear-weapon state.

(b) PROHIBITION.-To the extent that the Unite

jurisdiction to prohibit such activity by such person, no 

person and no foreign person may engage in any prohibited 

(c) PRESIDENTIAL DETERMINATION AND OR

RESPECT TO UNITED STATES AND FOREIGN PER

President determines, ,that a United States person or a forei

engaged in a prohibited activity (without regard to whether 

applies), the President shall, by order, impose the sanction

subsection (d) on such person.

(d) SANCTIONS.-The following sanctions shall be imp

to any order issued under subsection (c) with respect to any 

person or any foreign person:

(1) BAN ON DEALINGS IN GOVERNMENT FINA

(A) DESIGNATION AS PRIMARY DEALER

Board of Governors of the Federal Reserve System n

Reserve Bank of New York may designate, o

continuation of any prior designation of, the person 

dealer in United States Government debt instruments

(B) SERVICE AS DEPOSITARY.-The person 

as a depositary for United States Government funds.

(2) RESTRICTIONS ON OPERATIONS.-The per

directly or indirectly-

(A) commence any line of business in the Un

which the person was not engaged as of the date of th

(B) conduct business from any location in the U

which the person did not conduct business as of th

order.

(e) CONSULTATION WITH AND ACTIONS B

GOVERNMENT OF JURISDICTION.-

(1) CONSULTATIONS.-If the President makes a 

under subsection (c) with respect to a foreign person, 

urges the President to initiate consultations immedia

appropriate foreign government with respect to the imp

sanction pursuant to this section.

22 USC 6303.
SANCTIONS.- In order to pursue consultations 

paragraph (1) with any government referred to in su

the President may delay, for up to 90 days, the effect

order under subsection (c) imposing any sanction.

(B) COORDINATION WITH ACTIVITIES O

GOVERNMENT.-Following consultations described 

(1), the order issued by the President under subsection 

any sanction on a foreign person shall take effe

President determines, and certifies in writing to the 

the government referred to in paragraph (1) has take

effective actions, including the imposition of appropr

to terminate the involvement of the foreign person in 

activity.

(C) EXTENSION OF PERIOD.-After the end 

described in subparagraph (A), the President may de

an additional 90 days, the effective date of an order 

subsection (b) imposing any sanction on a foreign 

President determines, and certifies in writing to the 

the appropriate foreign government is in the proc

actions described in subparagraph (B).

(3) REPORT TO CONGRESS.-Before the end of the 

beginning on the date on which an order is issued under s

the President shall submit to the Congress a report on-(A

consultations under this subsection with the government 

paragraph (1); and (B) the basis for any determination un

(2) that such government has taken specific corrective ac

(f) TERMINATION OF THE SANCTIONS.-Any sancti

any person pursuant to an order issued under subsection (c) 

(1) remain in effect for a period of not less than 12 m

(2) cease to apply after the end of such 12-month per

President determines, and certifies in writing to the Cong

(A) the person has ceased to engage in any prohi

and

(B) the President has received reliable assuranc

person that the person will not, in the future, e

prohibited activity.

(g) WAIVER.-The President may waive the continued 

any sanction imposed on any person pursuant to an order 

subsection (c) if the President determines, and certifies in 

Congress, that the continued imposition of the sanction 

serious adverse effect on the safety and soundness of th

international financial system or on domestic or internatio

systems.

(h) ENFORCEMENT ACTION.-The Attorney General 

action in an appropriate district court of the United States 

and other appropriate relief with respect to-

(1) any violation of subsection (b); or

(2) any order issued pursuant to subsection (c).

(i) KNOWINGLY DEFINED.-

(1) IN GENERAL.-For purposes of this sectio

“knowingly” means the state of mind of a person w

conduct, a circumstance, or a result in which-
substantially certain to occur; or

(B) such person has a firm belief that such circum

or that such result is substantially certain to occur.

(2) KNOWLEDGE OF THE EXISTENCE OF A P

CIRCUMSTANE.-If knowledge of the existence of 

circumstance is required for an offense, such knowledge 

if a person is aware of a high probability of the exis

circumstance, unless the person actually believe

circumstance does not exist.

(j) SCOPE OF APPLICATION.-This section shall appl

to prohibited activities which occur on or after the date t

effect.1

Part C-International Atomic Energy Agency

Sec. 841. Bilateral and Multilateral Initiatives

It is the sense of the Congress that in order to maintain 

international confidence in the effectiveness of IAEA safe

other multilateral undertakings to halt the global proliferat

weapons, the United States should seek to negotiate with oth

groups of nations, including the IAEA Board of Governors an

Suppliers Group, to-

(1) build international support for the principle that n

relationships must require purchasing nations to agree 

international safeguards;

(2) encourage each nuclear-weapon state within the m

Treaty to undertake a comprehensive review of its own p

declassifying information relating to the design or 

nuclear explosive devices and to investigate any measur

reduce the risk of such information contributing to nuc

proliferation;

(3) encourage the deferral of efforts to produce w

nuclear material for large-scale commercial uses until 

safeguards are developed that can detect, on a timely and 

the diversion of significant quantities of such materi

explosive purposes;

(4) pursue greater financial support for the implem

improvement of safeguards from all IAEA member 

significant nuclear programs, particularly from those na

currently using or planning to use weapons grade nuclea

commercial purposes;

(5) arrange for the timely payment of annual financia

by all members of the IAEA, including the United States

(6) pursue the elimination of international comme

enriched uranium for use in research reactors while 

multilateral cooperation to develop and to use low-enrich

nuclear fuels;

(7) oppose efforts by non-nuclear-weapon states to d

unsafeguarded nuclear fuels for purposes of naval propu

––––––––

1 Amended by P.L. 104-164, Title I, § 157(b), July 21, 1996, 110 Stat. 

double commas in subsection (c) are actually in the statute. It also red

subsection (f) as (e) and struck out former subsection (e) which had p

judicial review of determinations of the President under subsection (c

22 USC 3201 

note.

22 USC 6321.
IAEA access to satellite information for safeguard

purposes;

(9) develop an institutional means for IAEA memb

share intelligence material with the IAEA on possib

violations without compromising national security o

sources or methods;

(10) require any exporter of a sensitive nuclear facili

nuclear technology to a non-nuclear-weapon state to no

prior to export and to require safeguards over th

technology, regardless of its destination; and

(11) seek agreement among the parties to the Treaty t

safeguards in perpetuity and to establish new limits o

withdraw from the Treaty.

Sec. 842. IAEA Internal Reforms

In order to promote the early adoption of reforms in the im

of the safeguards responsibilities of the IAEA, the Congr

President to negotiate with other nations and groups of nati

the IAEA Board of Governors and the Nuclear Suppliers Gr

(1) improve the access of the IAEA within nuclear fac

capable of producing, processing, or fabricating sp

material suitable for use in a nuclear explosive device;

(2)(A) facilitate the IAEA's efforts to meet and to ma

goals for detecting the diversion of nuclear materials an

giving particular attention to facilities in which there are b

of plutonium; and

(B) if it is not technically feasible for the IAEA 

detection goals in a particular facility, require the IAE

publicly that it is unable to do so;

(3) enable the IAEA to issue fines for violations 

procedures, to pay rewards for information on possib

violations, and to establish a “hot line” for the repo

violations and other illicit uses of weapons grade nuclea

(4) establish safeguards at facilities engaged in the m

equipment or material that is especially designated or pr

processing, use, or production of special fissionable mat

case of non-nuclear-weapon states, of any nuclear explo

(5) establish safeguards over nuclear research and 

activities and facilities;

(6) implement special inspections of undeclared nuc

as provided for under existing safeguards procedur

authority for the IAEA to conduct challenge inspections 

suspected nuclear sites;

(7) expand the scope of safeguards to include trit

concentrates, and nuclear waste containing special fission

and increase the scope of such safeguards on heavy wate

(8) revise downward the IAEA's official minimum 

nuclear material (“significant quantity”) needed to m

explosive device and establish these amounts as nation

facility standards;

(9) expand the use of full-time resident IAEA inspecto

fuel cycle facilities;

22 USC 6322.
quantities of special fissionable material;

(11) develop with other IAEA member nations an 

procedures to expedite approvals of visa applicatio

inspectors;

(12) provide the IAEA the additional funds, techni

and political support necessary to carry out the goals se

subsection; and

(13) make public the annual safeguards im

information, report of the IAEA, establishing a publ

commodities in international nuclear commerce, inclu

goods, and creating a public repository of current nuclea

laws, agreements, regulations, and enforcement and judi

AEA member nations.

Sec. 843. Reporting Requirement

(a) REPORT REQUIRED.-The President shall, in the r

by section 601(a) of the Nuclear Non-Proliferation Act of 1

(1) the steps he has taken to implement sections 841 

(2) the progress that has been made and the obstacles 

encountered in seeking to meet the objectives set forth i

and 842.

(b) CONTENTS OF REPORT.-Each report under parag

describe-

(1) the bilateral and multilateral initiatives that the 

taken during the period since the enactment of this Ac

each of the objectives set forth in sections 841 and 842;

(2) any obstacles that have been encountered in the p

initiatives;

(3) any additional initiatives that have been propo

countries or international organizations to str

implementation of IAEA safeguards;

(4) all activities of the Federal Government in s

objectives set forth in sections 841 and 842; (5) any reco

of the President on additional measures to enhance the ef

IAEA safeguards; and

(6) any initiatives that the President plans to take in s

of the objectives set forth in sections 841 and 842.

Sec. 844. Definitions

As used in this part-

(1) the term “highly enriched uranium” means uraniu

20 percent or more in the isotope U-35;

(2) the term “IAEA” means the International A

Agency;

(3) the term “near real time material accountancy” m

of accounting for the location, quantity, and dispositi

fissionable material at facilities that store or process suc

which verification of peaceful use is continuously achie

of frequent physical inventories and the use o

instrumentation;

(4) the term “special fissionable material” has the m

that term by Article XX(1) of the Statute of the Interna

Energy Agency, done at the Headquarters of the Unite

October 26, 1956;

Public 

information.

22 USC 6323.

President.

22 USC 6324.
July 1, 1968; and

(6) the terms “IAEA safeguards”, “non-nuclear-w

“nuclear explosive device”, and “special nuclear mate

meanings given those terms in section 830 of this Act.

Part D-Termination

Sec. 851. Termination upon Enactment of Next Foreign 

On the date of enactment of the first Foreign Relations 

Act that is enacted after the enactment of this Act, the prov

A and B of this title shall cease to be effective, the amendm

those parts shall be repealed, and any provision of law repe

parts shall be reenacted.

22 USC 3201 

note.
Public Law 94–329 9

June 30, 1976

An Act

To amend the Foreign Assistance Act of 1961 and the Forei

Sales Act, and for other purposes.

Be it enacted by the Senate and House of Representative

United States of America in Congress assembled,

That this Act may be cited as the “International Security 

and Arms Export Control Act of 1976.”

Title II

Sec. 38. Control of Arms Exports and Imports1

(a) Presidential control of exports and imports of defens

services, guidance of policy, etc.; designation of United Sta

List; issuance of export licenses; condition for export

information.

 (1) In furtherance of world peace and the security and for

the United States, the President is authorized to control the i

export of defense articles and defense services and to pr

policy guidance to persons of the United States involved in 

import of such articles and services. The President is 

designate those items which shall be considered as defens

defense services for the purposes of this section and t

regulations for the import and export of such articles and 

items so designated shall constitute the United States Munit

 (2) Decisions on issuing export licenses under this section 

account whether the export of an article would contribute to 

aid in the development of weapons of mass destruc

international terrorism, increase the possibility of outbreak o

conflict, or prejudice the development of bilateral or mu

control or nonproliferation agreements or other arrangemen

––––––––

1 Amended by P.L. 90-629, Ch 3, § 38, 82 Stat. 320 (1968), as added P

II, § 212(a)(1), 90 Stat. 744 (1976); P.L. 95-92, § 20, 91 Stat. 623 (19

Title III, Ch 3, § 3303(a)(4), 93 Stat. 499 (1979); P.L. 96-72, § 22(a)

(1979); P.L. 96-92, § 21, 93 Stat. 710 (1979); P.L. 96-533, Title I, § 

Stat. 3136 (1980); P.L. 97-113, Title I, §§ 106, 107, 95 Stat. 1522 (19

Title I, § 123(a), 99 Stat. 156 (1985); P.L. 99-83, Title I, § 119(a), (b

(1985); P.L. 100-202, § 101(b) [Title VIII, § 8142(a)], 101 Stat. 1329

100-204, Title XII, § 1255, 101 Stat. 1429 (1987); P.L. 101-222, §§ 3

1896, 1899 (1989); P.L. 103-236, Title VII, Part A, § 714(a)(1), 108 

P.L. 104-164, Title I, Ch 5, §§ 151(a), 156, 110 Stat. 1437, 1440 (199

277, Div G, Title XII, Ch 3, § 1225(a)(2), 112 Stat. 2681-773 (1998)

Div B, § 1000(a)(7), 113 Stat. 1536 (1999); P.L. 106-280, Title I, Su

(b), 114 Stat. 846 (2000); P.L. 107-228, Div B, Title XIV, § 1406, 11

(2002); P.L. 108-458, Title VI, Subtitle J, § 6910, 118 Stat. 3774 (20

195, Title I, § 107(a)(2), 124 Stat. 1337 (2010); P.L. 111-266, Title I

103(a)-(c), 124 Stat. 2797 (2010).

22 USC 2778.
Act as a condition of its eligibility for export, and may requir

engaged in the negotiation for the export of defense article

keep the President fully and currently informed of the progr

prospects of such negotiations.

(b) Registration and licensing requirements for manufactur

or importers of designated defense articles and defe

exceptions.

 (1) (A) (i) As prescribed in regulations issued under this 

person (other than an officer or employee of the United State

acting in an official capacity) who engages in the 

manufacturing, exporting, or importing any defense articl

services designated by the President under subsection (a)(1

with the United States Government agency charg

administration of this section, and shall pay a registration f

be prescribed by such regulations. Such regulations shal

return to the United States for sale in the United States (oth

Armed Forces of the United States and its allies or for any 

law enforcement agency) of any military firearms or ammun

States manufacture furnished to foreign governments by the 

under this Act or any other foreign assistance or sales pr

United States, whether or not enhanced in value or improve

in a foreign country. This prohibition shall not extend to si

that have been so substantially transformed as to become, in 

of foreign manufacture.

 (ii) (I) As prescribed in regulations issued under this 

person (other than an officer or employee of the United State

acting in official capacity) who engages in the business 

activities with respect to the manufacture, export, import, or 

defense article or defense service designated by the Pr

subsection (a)(1), or in the business of brokering activities w

the manufacture, export, import, or transfer of any foreign d

or defense service (as defined in subclause (IV)), shall reg

United States Government agency charged with the admini

section, and shall pay a registration fee which shall be presc

regulations.

 (II) Such brokering activities shall include th

transportation, freight forwarding, or taking of any oth

facilitates the manufacture, export, or import of a defense art

service.

 (III) No person may engage in the business of broke

described in subclause (I) without a license, issued in accord

Act, except that no license shall be required for such activiti

by or for an agency of the United States Government--

 (aa) for use by an agency of the United States Gov

 (bb) for carrying out any foreign assistance or 

authorized by law and subject to the control of the Presi

means.

 (IV) For purposes of this clause, the term “foreign d

or defense service” includes any non-United States defe

defense service of a nature described on the United States M

regardless of whether such article or service is of United S

whether such article or service contains United States origin 
ammunition, components, parts, accessories, and attachm

firearms) of United States manufacture furnished to 

government by the United States under this Act or any 

assistance or sales program of the United States if--

 (i) such firearms are among those firearms that the Se

Treasury is, or was at any time, required to authorize the imp

reason of the provisions of section 925(e) of title 18, Unite

(including the requirement for the listing of such firearm

relics under section 921(a)(13) of that title); and

 (ii) such foreign government certifies to the U

Government that such firearms are owned by such foreign g

 [(C)](B) A copy of each registration made under this p

be transmitted to the Secretary of the Treasury for review 

enforcement concerns. The Secretary shall report to 

regarding such concerns as necessary.

 (2) Except as otherwise specifically provided in regulation

subsection (a)(1), no defense articles or defense services des

President under subsection (a)(1) may be exported or impo

license for such export or import, issued in accordance wit

regulations issued under this Act, except that no license sha

for exports or imports made by or for an agency of the 

Government (A) for official use by a department or agency 

States Government, or (B) for carrying out any foreign assi

program authorized by law and subject to the control of th

other means.

 (3) (A) For each of the fiscal years 1988 and 1989, 

registration fees collected pursuant to paragraph (1) shall b

Department of State account, to be available without fiscal y

Fees credited to that account shall be available only for th

expenses incurred for--

 (i) contract personnel to assist in the evaluation of mun

license applications, reduce processing time for license app

improve monitoring of compliance with the terms of license

 (ii) the automation of munitions control functions and 

of munitions control license applications, including the 

procurement, and utilization of computer equipment and rel

 (B) The authority of this paragraph may be exercised 

extent or in such amounts as are provided in advance in appro

(c) Criminal violations; punishment. Any person who wil

any provision of this section, section 39 [22 USCS § 2

referred to in subsection (j)(1)(C)(i), or any rule or regulatio

this section or section 39 [22 USCS § 2779], including 

regulation issued to implement or enforce a treaty referred to 

(j)(1)(C)(i) or an implementing arrangement pursuant to s

who willfully, in a registration or license application or re

makes any untrue statement of a material fact or omits to s

fact required to be stated therein or necessary to make t

therein not misleading, shall upon conviction be fined for 

not more than $ 1,000,000 or imprisoned not more than 20 y

(d) [Repealed]

(e) Enforcement powers of President. In carrying out functi

section with respect to the export of defense articles and def

including defense articles and defense services exported 
enforcement which are conferred upon departments, agencie

by subsections (c), (d), (e), and (g) of section 11 o

Administration Act of 1979 [50 USCS Appx § 2410], and b

(a) and (c) of section 12 of such Act [50 USCS Appx § 24

subject to the same terms and conditions as are applicable t

under such Act, except that section 11(c)(2)(B) of such A

Appx. § 2410(c)(2)(B)] shall not apply, and instead, as 

regulations issued under this section, the Secretary of Sta

civil penalties for violations of this Act and regulatio

thereunder and further may commence a civil action to reco

penalties, and except further that the names of the countries 

and quantities of defense articles for which licenses are iss

section shall not be withheld from public disclosure unless 

determines that the release of such information would be c

national interest. Nothing in this subsection shall be 

authorizing the withholding of information from th

Notwithstanding section 11(c) of the Export Administratio

[50 USCS Appx § 2410(c)], the civil penalty for each viola

controls imposed on the export of defense articles and de

under this section may not exceed $ 500,000.

(f) Periodic review of items on the munitions list; notifica

exemption from licensing requirements for export of defens

 (1) The President shall periodically review the items on the 

Munitions List to determine what items, if any, no longer w

controls under this section. The results of such reviews sha

to the Speaker of the House of Representatives and to the 

Foreign Relations and the Committee on Banking, Housin

Affairs of the Senate. The President may not remove any 

Munitions List until 30 days after the date on which the 

provided notice of the proposed removal to the Committee on 

Relations of the House of Representatives and to the C

Foreign Relations of the Senate in accordance with th

applicable to reprogramming notifications under section 6

Foreign Assistance Act of 1961 [22 USCS § 2394-1]. Suc

describe the nature of any controls to be imposed on that it

other provision of law.

 (2) The President may not authorize an exemption for a fo

from the licensing requirements of this Act for the export of 

under subsection (j) or any other provision of this Act until 

the date on which the President has transmitted to the C

International Relations of the House of Representatives and t

on Foreign Relations of the Senate a notification that includ

 (A) a description of the scope of the exemption, includ

summary of the defense articles, defense services, and rel

data covered by the exemption; and

 (B) a determination by the Attorney General that 

agreement concluded under subsection (j) requires the co

maintenance of sufficient documentation relating to the exp

States defense articles, defense services, and related tech

facilitate law enforcement efforts to detect, prevent, and pros

violations of any provision of this Act, including the efforts 

countries and factions engaged in international terrorism to i

sophisticated United States defense items.
 (4) Paragraph (2) shall not apply with respect to an exe

subsection (j)(1) to give effect to a treaty referred to 

(j)(1)(C)(i) (and any implementing arrangements to such tre

that the President promulgates regulations to implement and 

treaty under this section and section 39 [22 USCS § 2779].

(g) Identification of persons convicted or subject to i

violations of certain provisions.

 (1) The President shall develop appropriate mechanisms 

connection with the export licensing process under this sect

 (A) persons who are the subject of an indictment for, 

convicted of, a violation under--

 (i) this section,

 (ii) section 11 of the Export Administration Act of 19

App. 2410),

 (iii) section 793, 794, or 798 of title 18, United States 

to espionage involving defense or classified information) or 

of such title (relating to providing material support to terror

 (iv) section 16 of the Trading with the Enemy Act (5

16),

 (v) section 206 of the International Emergency Econ

Act (relating to foreign assets controls; 50 U.S.C. App. 170

 (vi) section 30A of the Securities Exchange Act of 19

78dd-1) or section 104 of the Foreign Corrupt Practices A

78dd-2),

 (vii) chapter 105 of title 18, United States Code [18 U

et seq.] (relating to sabotage),

 (viii) section 4(b) of the Internal Security Act of 195

communication of classified information; 50 U.S.C. 783(b))

 (ix) section 57, 92, 101, 104, 222, 224, 225, or 226 

Energy Act of 1954 (42 U.S.C. 2077, 2122, 2131, 2134, 227

and 2276),

 (x) section 601 of the National Security Act of 194

intelligence identities protection; 50 U.S.C. 421),

 (xi) section 603(b) or (c) of the Comprehensive Anti-

of 1986 (22 U.S.C. 5113 (b) and (c));[,] or

 (xii) section 3, 4, 5, and 6 of the Prevention of Terro

Destructive Weapons Act of 2004, relating to missile system

destroy aircraft (18 U.S.C. 2332g), prohibitions gove

weapons (42 U.S.C. 2122), radiological dispersal device

2332h), and variola virus (18 U.S.C. 175b);

 (B) persons who are the subject of an indictment 

convicted under section 371 of title 18, United States Code, 

to violate any of the statutes cited in subparagraph (A); and

 (C) persons who are ineligible--

 (i) to contract with,

 (ii) to receive a license or other form of authorization t

or

 (iii) to receive a license or other form of authorizat

defense articles or defense services from, any agency of the 

Government.

 (2) The President shall require that each applicant for a lic

an item on the United States Munitions List identify in the 

consignees and freight forwarders involved in the proposed 
subject of an indictment for a violation of any of the sta

paragraph (1),

 (B) that there is reasonable cause to believe that an a

license to export under this section has violated any of the st

paragraph (1), or

 (C) that an applicant for a license to export under t

ineligible to contract with, or to receive a license or o

authorization to import defense articles or defense servic

agency of the United States Government,

 the President may disapprove the application. The P

consider requests by the Secretary of the Treasury to disappro

license application based on these criteria.

 (4) A license to export an item on the United States Muni

not be issued to a person--

 (A) if that person, or any party to the export, has been 

violating a statute cited in paragraph (1), or

 (B) if that person, or any party to the export, is at the time 

review ineligible to receive export licenses (or other forms of 

to export) from any agency of the United States Governmen

 except as may be determined on a case-by-case basis by 

after consultation with the Secretary of the Treasury, aft

review of the circumstances surrounding the conviction or 

export and a finding by the President that appropriate steps ha

to mitigate any law enforcement concerns.

 (5) A license to export an item on the United States Muni

not be issued to a foreign person (other than a foreign gover

 (6) The President may require a license (or other form of 

before any item on the United States Munitions List is sold 

transferred to the control or possession of a foreign perso

acting on behalf of a foreign person.

 (7) The President shall, in coordination with law enf

national security agencies, develop standards for identify

exports for regular end-use verification. These standards sha

in the Federal Register and the initial standards shall be publ

than October 1, 1988.

 (8) Upon request of the Secretary of State, the Secretary o

the Secretary of the Treasury shall detail to the office primari

for export licensing functions under this section, on a no

basis, personnel with appropriate expertise to assist in the in

of applications for export licenses under this section in orde

the need for further review of those applications for fo

national security, and law enforcement concerns.

 (9) For purposes of this subsection--

 (A) the term “foreign corporation” means a corporati

incorporated in the United States;

 (B) the term “foreign government” includes any agency 

of a foreign government, including an official mission 

government;

 (C) the term “foreign person” means any person who is n

national of the United States or lawfully admitted to the Un

permanent residence under the Immigration and Nationa

includes foreign corporations, international organizations

governments;
of the license applicant;

 (ii) the freight forwarders or designated exporting agen

application; and

 (iii) any consignee or end user of any item to be expor

 (E) the term “person” means a natural person as well as 

business association, partnership, society, trust, or any 

organization, or group, including governmental entities.

(h) Judicial review of designation of items as defense articl

The designation by the President (or by an official to whom 

functions under subsection (a) have been duly delegated), 

issued under this section, of items as defense articles or de

for purposes of this section shall not be subject to judicial re

(i) Reports relating to exportation of items on the mun

prescribed in regulations issued under this section, a United 

to whom a license has been granted to export an item on the 

Munitions List shall, not later than 15 days after the item 

submit to the Department of State a report containing 

information, including a description of the item and the qu

port of exit, and end-user and country of destination of the i

(j) Requirements relating to country exemptions for licensi

items for export to foreign countries.

 (1) Requirement for bilateral agreement.

 (A) In general. The President may utilize the regula

authority pursuant to this Act to exempt a foreign coun

licensing requirements of this Act with respect to exports of 

only if the United States Government has concluded a bin

agreement with the foreign country. Such agreement shall--

 (i) meet the requirements set forth in paragraph (2); an

 (ii) be implemented by the United States and the fore

a manner that is legally-binding under their domestic laws.

 (B) Exception for Canada. The requirement to conclu

agreement in accordance with subparagraph (A) shall n

respect to an exemption for Canada from the licensing requir

Act for the export of defense items.

 (C) Exception for defense trade cooperation treaties.

 (i) In general. The requirement to conclude a bilateral 

accordance with subparagraph (A) shall not apply with 

exemption from the licensing requirements of this Act for 

defense items to give effect to any of the following 

cooperation treaties, provided that the treaty has enter

pursuant to article II, section 2, clause 2 of the Constitution 

States:

 (I) The Treaty Between the Government of the Un

America and the Government of the United Kingdom of Gre

Northern Ireland Concerning Defense Trade Cooperat

Washington and London on June 21 and 26, 2007 (and any 

arrangement thereto).

 (II) The Treaty Between the Government of the Un

America and the Government of Australia Concerning D

Cooperation, done at Sydney September 5, 2007 (and any 

arrangement thereto).

 (ii) Limitation of scope. The United States shall exe

scope of a treaty referred to in clause (i)--
vehicle systems (including cruise missile systems, targe

reconnaissance drones) capable of delivering at least a 

payload to a range of 300 kilometers, and associated produc

software, or technology for these systems, as defined i

Technology Control Regime Annex Category I, Item 1;

 (II) individual rocket stages, re-entry vehicles and eq

or liquid propellant motors or engines, guidance sets, thrust 

systems, and associated production facilities, software, and 

defined in the Missile Technology Control Regime Annex C

2;

 (III) defense articles and defense services listed i

Technology Control Regime Annex Category II that are for 

systems, as that term is used in such Annex, includi

production facilities, software, or technology;

 (IV) toxicological agents, biological agents, an

equipment, as listed in the United States Munitions List 

chapter I of title 22, Code of Federal Regulations), C

subcategories (a), (b), (f)(1), (i), (j) as it pertains to (f)(1), (l

to (f)(1), and (m) as it pertains to all of the subcategorie

paragraph;

 (V) defense articles and defense services specific to 

testing of nuclear weapons which are controlled under 

Munitions List Category XVI(a) and (b), along with assoc

articles in Category XVI(d) and technology in Category XV

 (VI) with regard to the treaty cited in clause (i)(I), d

and defense services that the United States controls under the 

Munitions List that are not controlled by the United Kingdo

in the United Kingdom Military List or Annex 4 to the Un

Dual Use List, or any successor lists thereto; and

 (VII) with regard to the treaty cited in clause (i)(II), d

for which Australian laws, regulations, or other commi

prevent Australia from enforcing the control measures spe

treaty.

 (2) Requirements of bilateral agreement. A bilateral agree

to paragraph (1)--

 (A) shall, at a minimum, require the foreign country, as 

revise its policies and practices, and promulgate or en

modifications to its laws and regulations to establish an 

regime that is at least comparable to United States law, r

policy requiring--

 (i) conditions on the handling of all United States-o

items exported to the foreign country, including prior written 

Government approval for any reexports to third countries;

 (ii) end-use and retransfer control commitments, inclu

binding end-use and retransfer control commitments from 

including such documentation as is needed in order to ensu

and enforcement, with respect to such United States-origin 

 (iii) establishment of a procedure comparable to a “

such a watchlist does not exist) and full cooperation with 

Government law enforcement agencies to allow for sharing 

import documentation and background information on fore

and individuals employed by or otherwise connected to tho

and
 (B) should, at a minimum, require the foreign country, a

revise its policies and practices, and promulgate or en

modifications to its laws and regulations to establish an 

regime that is at least comparable to United States law, r

policy regarding--

 (i) controls on the export of tangible or intangibl

including via fax, phone, and electronic media;

 (ii) appropriate controls on unclassified informatio

defense items exported to foreign nationals;

 (iii) controls on international arms trafficking and brok

 (iv) cooperation with United States Government agenc

intelligence agencies, to combat efforts by third countri

defense items, the export of which to such countries w

authorized pursuant to the export control regimes of the fo

and the United States; and

 (v) violations of export control laws, and penal

violations.

 (3) Advance certification. Not less than 30 days before a

exemption for a foreign country from the licensing require

Act for the export of defense items, the President shall tr

Committee on International Relations of the House of Repre

the Committee on Foreign Relations of the Senate a certific

 (A) the United States has entered into a bilateral agreem

foreign country satisfying all requirements set forth in parag

 (B) the foreign country has promulgated or enacted 

modifications to its laws and regulations to comply with 

under the bilateral agreement with the United States; and

 (C) the appropriate congressional committees will conti

notifications pursuant to the authorities, procedures, and 

section 36 of this Act [22 USCS § 2776] for defense expor

country to which that section would apply and without rega

of defense export licensing exemption otherwise available fo

 (4) Definitions. In this section:

 (A) Defense items. The term “defense items” means de

defense services, and related technical data.

 (B) Appropriate congressional committees. The term 

congressional committees” means--

 (i) the Committee on International Relations and the 

Appropriations of the House of Representatives; and

 (ii) the Committee on Foreign Relat

Committee on Appropriations of the Senate.

Sec. 101. Nuclear Enrichment Transfers

(a) PROHIBITIONS; SAFEGUARDS AND MAN

Except as provided in subsection (b) of this section, no 

available to carry out the Foreign Assistance Act of 1961 o

be used for the purpose of providing economic assistan

assistance under chapter 4 of part II of the Foreign Assistanc

[22 USCS §§ 2346 et seq.]), providing military assistance or 

education and training, providing assistance under chapter 

that Act [22 USCS §§ 2348 et seq.], or extending milit

making guarantees, to any country which the President deter

nuclear enrichment equipment, materials, or technology 

country on or after August 4, 1977, or receives such equipm

22 USC 2799aa.
 (1) the supplying country and receiving country have reach

to place all such equipment, materials, or technology, upon d

multilateral auspices and management when available; and

 (2) the recipient country has entered into an agreem

International Atomic Energy Agency to place all suc

materials, technology, and all nuclear fuel and facilities in 

under the safeguards system of such Agency.

(b) Certification by President of necessity of continue

disapproval by Congress.

 (1) Notwithstanding subsection (a) of this section, the P

furnish assistance which would otherwise be prohibite

subsection if he determines and certifies in writing to the S

House of Representatives and the Committee on Foreign R

Senate that--

 (A) the termination of such assistance would have a se

effect on vital United States interests; and

 (B) he has received reliable assurances that the country in 

not acquire or develop nuclear weapons or assist other natio

 Such certification shall set forth the reasons sup

determination in each particular case.

 (2) (A) A certification under paragraph (1) of this subsec

effect on the date on which the certification is received by 

However, if, within thirty calendar days after receiving thi

the Congress enacts a joint resolution stating in subst

Congress disapproves the furnishing of assistance pur

certification, then upon the enactment of that resolution th

shall cease to be effective and all deliveries of assistance fu

the authority of that certification shall be suspended immed

 (B) Any joint resolution under this paragraph shall be con

Senate in accordance with the provisions of section 6

International Security Assistance and Arms Export Control 

Sec. 102. Nuclear Reprocessing Transfers, Illegal Export

Explosive Devices, Transfers of Nuclear Explosive 

Nuclear Detonations

(a) Prohibitions on assistance to countries involved in trans

reprocessing equipment, materials, or technology; exception

applicable.

 (1) Except as provided in paragraph (2) of this subsection, n

available to carry out the Foreign Assistance Act of 1961 o

be used for the purpose of providing economic assistan

assistance under chapter 4 of part II of the Foreign Assistanc

[22 USCS §§ 2346 et seq.]), providing military assistance or 

education and training, providing assistance under chapter 

that Act [22 USCS §§ 2348 et seq.], or extending milit

making guarantees, to any country which the President dete

 (A) delivers nuclear reprocessing equipment, materials, 

to any other country on or after August 4, 1977, or 

––––––––

2 This was previously Sec. 669 (22 USC 2429). It was repealed by P.L

VIII, § 826(b), 108 Stat. 519 (1994). § 826(c) states “Any reference i

date of enactment of this Act to section 669 or 670 of the Foreign As

1961 shall, after such date, be deemed to be a reference to section 10

case may be, of the Arms Export Control Act.” Sec. 101 was added b

Title VIII, Part B, § 826(a), 108 Stat. 515 (1994).

22 USC 2799aa-1.
associated with the investigation, under international evalua

in which the United States participates, of technologi

alternatives to pure plutonium reprocessing), or

 (B) is a non-nuclear-weapon state which, on or after Au

exports illegally (or attempts to export illegally) from the 

any material, equipment, or technology which wou

significantly to the ability of such country to manufact

explosive device, if the President determines that the materi

or technology was to be used by such country in the man

nuclear explosive device.

 For purposes of clause (B), an export (or attempted expor

who is an agent of, or is otherwise acting on behalf of or i

of, a country shall be considered to be an export (or attemp

that country.

 (2) Notwithstanding paragraph (1) of this subsection, th

any fiscal year may furnish assistance which would 

prohibited under that paragraph if he determines and certi

during that fiscal year to the Speaker of the House of Repre

the Committee on Foreign Relations of the Senate that the 

such assistance would be seriously prejudicial to the ac

United States nonproliferation objectives or otherwise j

common defense and security. The President shall transm

certification a statement setting forth the specific reasons th

 (3) (A) A certification under paragraph (2) of this subsec

effect on the date on which the certification is received by 

However, if, within 30 calendar days after receiving this ce

Congress enacts a joint resolution stating in substance that 

disapproves the furnishing of assistance pursuant to the cert

upon the enactment of that resolution the certification sha

effective and all deliveries of assistance furnished under th

that certification shall be suspended immediately.

 (B) Any joint resolution under this paragraph shall be con

Senate in accordance with the provisions of section 6

International Security Assistance and Arms Export Control 

(b) Prohibitions on assistance to countries involved in tran

nuclear explosive devices; exceptions; procedures applicabl

 (1) Except as provided in paragraphs (4), (5), and (6), in 

the President determines that any country, after the effectiv

B of the Nuclear Proliferation Prevention Act of 1994--

 (A) transfers to a non-nuclear-weapon state a nuclear exp

 (B) is a non-nuclear-weapon state and either--

 (i) receives a nuclear explosive device, or

 (ii) detonates a nuclear explosive device,

 (C) transfers to a non-nuclear-weapon state any design i

component which is determined by the President to be imp

known by the transferring country to be intended by the rec

use in, the development or manufacture of any nuclear exp

or

 (D) is a non-nuclear-weapon state and seeks and receiv

information or component which is determined by the P

important to, and intended by the recipient state for use in, the 

or manufacture of any nuclear explosive device, then the P

forthwith report in writing his determination to the Cong
 (2) The sanctions referred to in paragraph (1) are as follow

 (A) The United States Government shall terminate ass

country under the Foreign Assistance Act of 1961, except for 

assistance or food or other agricultural commodities.

 (B) The United States Government shall terminate--

 (i) sales to that country under this Act of any defense ar

services, or design and construction services, and

 (ii) licenses for the export to that country of any item 

States Munitions List.

 (C) The United States Government shall terminate all fo

financing for that country under this Act.

 (D) The United States Government shall deny to tha

credit, credit guarantees, or other financial assistance by an

agency, or instrumentality of the United States Governmen

the sanction of this subparagraph shall not apply--

 (i) to any transaction subject to the reporting requirem

of the National Security Act of 1947 [50 USCS §§ 413 et se

congressional oversight of intelligence activities),

 (ii) to medicines, medical equipment, and humanitari

or

 (iii) to any credit, credit guarantee, or financial assist

by the Department of Agriculture to support the purchase of 

agricultural commodity.

 (E) The United States Government shall oppose, in ac

section 701 of the International Financial Institutions A

262d), the extension of any loan or financial or technical ass

country by any international financial institution.

 (F) The United States Government shall prohibit any 

bank from making any loan or providing any credit to the g

that country, except for loans or credits for the purpose of pu

or other agricultural commodities, which includes fertilizer.

 (G) The authorities of section 6 of the Export Adminis

1979 [50 USCS Appx. § 2405] shall be used to prohibit e

country of specific goods and technology (excluding fo

agricultural commodities), except that such prohibition sha

any transaction subject to the reporting requirements of 

National Security Act of 1947 [50 USCS §§ 413 et seq

congressional oversight of intelligence activities).

 (3) As used in this subsection--

 (A) the term “design information” means specific inf

relates to the design of a nuclear explosive device and that i

to the public; and

 (B) the term “component” means a specific componen

explosive device.

 (4) (A) Notwithstanding paragraph (1) of this subsection

may, for a period of not more than 30 days of continuous 

the imposition of sanctions which would otherwise be r

paragraph (1)(A) or (1)(B) of this subsection if the President 

to the Speaker of the House of Representatives, and to the ch

Committee on Foreign Relations of the Senate, a certificati

determined that an immediate imposition of sanctions on 

would be detrimental to the national security of the Unite

more than one such certification may be transmitted for a 
 (B) If the President transmits a certification to the C

subparagraph (A), a joint resolution which would permit th

exercise the waiver authority of paragraph (5) of this subse

introduced in either House within thirty days of continuou

the Congress receives this certification, be considered in 

accordance with subparagraph (C) of this paragraph.

 (C) Any joint resolution under this paragraph shall be con

Senate in accordance with the provisions of section 6

International Security Assistance and Arms Export Contro

[unclassified].

 (D) For purposes of this paragraph, the term “joint reso

a joint resolution the matter after the resolving clause o

follows: “That the Congress having received on ------ a certi

President under section 102(b)(4) of the Arms Export Con

respect to ------, the Congress hereby authorizes the Preside

the waiver authority contained in section 102(b)(5) of tha

(b)(5) of this section].”, with the date of receipt of the certific

in the first blank and the name of the country inserted in the 

 (5) Notwithstanding paragraph (1) of this subsection, if 

enacts a joint resolution under paragraph (4) of this su

President may waive any sanction which would otherwis

under paragraph (1)(A) or (1)(B) if he determines and certi

to the Speaker of the House of Representatives and the C

Foreign Relations of the Senate that the imposition of such s

be seriously prejudicial to the achievement of U

nonproliferation objectives or otherwise jeopardize the com

and security. The President shall transmit with such c

statement setting forth the specific reasons therefor.

 (6) (A) In the event the President is required to impose san

a country under paragraph (1)(C) or (1)(D), the President s

so inform such country and shall impose the required sancti

30 days after submitting to the Congress the report required 

(1) unless, and to the extent that, there is enacted during the 

a law prohibiting the imposition of such sanctions.

 (B) Notwithstanding any other provision of law, the sa

are required to be imposed against a country under paragr

(1)(D) shall not apply if the President determines and certi

to the Committee on Foreign Relations and the C

Governmental Affairs of the Senate and the Committee on F

of the House of Representatives that the application of s

against such country would have a serious adverse effect o

States interests. The President shall transmit with such 

statement setting forth the specific reasons therefor.

 (7) For purposes of this subsection, continuity of session 

by an adjournment of Congress sine die and the days on 

House is not in session because of an adjournment of more t

to a day certain are excluded in the computation of any per

which Congress is in continuous session.

 (8) The President may not delegate or transfer his power

discretion to make or modify determinations under this subs

(c) Non-nuclear-weapon state defined. As used in this sec

“non-nuclear-weapon state” means any country which is 
––––––––

3 This was previously Sec. 670 (22 USC 2429a). It was repealed by P.

VIII, § 826(b), 108 Stat. 519 (1994). § 826(c) states “Any reference i

date of enactment of this Act to section 669 or 670 of the Foreign As

1961 shall, after such date, be deemed to be a reference to section 10

case may be, of the Arms Export Control Act.” Sec. 102 added and a

103-236, Title VIII, Part B, § 826(a), 108 Stat. 516 (1994); P.L. 105-

112 Stat. 627 (1998).
Public Law 96–533 94 

December 16, 1980

An Act

To authorize appropriations for the fiscal year 1981 for inte

security and development assistance, the Peace Corps, a

assistance, and for other purposes.

Be it enacted by the Senate and House of Representative

United States of America in Congress assembled,

Sec. 1. Short Title

This Act may be cited as the “International Security and 

Development Cooperation Act of 1980.”

Title I—Military and Related Assistance and Sales P

Sec. 110. Exportation of Uranium Depleted in the Isotop

Upon a finding that an export of uranium depleted in th

is incorporated in defense articles or commodities solely to t

of high density or pyrophoric characteristics unrelated to its 

such exports shall be exempt from the provisions of the A

Act of 1954 and of the Nuclear Non-Proliferation Act of 19

exports are subject to the controls established under the 

Control Act or the Export Administration Act of 1979.

22 USC 2151 

note.

of 1980.

22 USC 2778a.

22 USC 3201 

note.

42 USC 2011 

note.
Public Law 97–113 95 St

December 29, 1981

An Act

To authorize appropriations for the fiscal years 1982 and 19

international security and development assistance and fo

Corps, to establish the Peace Corps as an autonomous ag

other purposes.

Be it enacted by the Senate and House of Representative

United States of America in Congress assembled,

Sec. 1. Short Title

This Act may be cited as the “International Security and 

Development Cooperation Act of 1981.

Title VII—Miscellaneous Provisions

Sec. 735. Report on Nuclear Activities

Beginning with the fiscal year 1983 and for each fiscal y

the President shall prepare and transmit to the Congress, 

presentation materials for foreign assistance programs pro

fiscal year, a classified report describing the nuclear program

activities of any country for which a waiver of section 669 

Foreign Assistance Act of 1961 is in effect, including an as

(1) the extent and effectiveness of International A

Agency safeguards at that country’s nuclear facilitie

(2) the capability, actions, and intentions of the gove

country with respect to the manufacture or acquisition 

explosive device.

Sec. 737. Prohibitions Relating to Nuclear Transfers 

Detonations

(a) The Congress finds that any transfer of a nuclear exp

to a non-nuclear-weapon state or, in the case of a non-nu

state, any receipt or detonation of a nuclear explosive devic

grave damage to bilateral relations between the United S

country.

(b) Section 669(b)(2) of the Foreign Assistance Act of 19

to read as follows:

(2)(A) A certification under paragraph (1) of this su

take effect on the date on which the certification is re

Congress. However, if, within thirty calendar days after 

certification, the Congress adopts a concurrent resolut

substance that the Congress disapproves the furnishing 

pursuant to the certification, then upon the adoption of t

––––––––

1 22 USC 2429 and 22 USC 2429a were repealed by P.L. 103-236, Tit

108 Stat. 519 (1994). § 826(c) states “Any reference in law as of the 

enactment of this Act to section 669 or 670 of the Foreign Assistance 

shall, after such date, be deemed to be a reference to section 101 or 1

may be, of the Arms Export Control Act.” 

22 USC 2151 

note.

22 USC 2429a-1.

Report to 

Congress.

22 USC 2429.

22 USC 2429a.

22 USC 2429a 

note.

22 USC 2429.
suspended immediately.

(B) Any concurrent resolution under this parag

considered in the Senate in accordance with the 

section 601(b) of the International Security Assista

Export Control Act of 1976.

(C) For the purpose of expediting the cons

adoption of concurrent resolutions under this paragr

to proceed to the consideration of any such resoluti

been reported by the appropriate committee shall 

highly privileged in the House of Representatives.

(c) Section 670 of such Act is amended to read as follow

“Sec. 670. Nuclear Reprocessing Transfers, Transfer

Explosive Devices, and Nuclear Detonations

(a)(1) Except as provided in paragraph (2) of this subsect

authorized to be appropriated by this Act or the Arms Expo

may be used for the purpose of providing economic assistan

assistance under Chapter 4 of Part II), providing military 

grant military education and training, providing assistance u

or extending military credits or making guarantees, to any c

on or after the date of enactment of the International Secur

Act of 1977 delivers nuclear reprocessing equipment, 

technology to any other country or receives such equipment

technology from any other country (except for the transfer o

technology associated with the investigation, under 

evaluation programs in which the United States pa

technologies which are alternatives to pure plutonium repro

(2) Notwithstanding paragraph (1) of this subsection

may furnish assistance which would otherwise be prohib

paragraph if he determines and certifies in writing to the 

House of Representatives and the Committee on Foreig

the Senate that the termination of such assistance woul

prejudicial to the achievement of United States no

objectives or otherwise jeopardize the common defense 

The President shall transmit with such certification a sta

forth the specific reasons therefor.

(3)(A) A certification under paragraph (2) of this su

take effect on the date on which the certification is re

Congress. However, if, within 30 calendar days after 

certification, the Congress adopts a concurrent resolut

substance that the Congress disapproves the furnishing 

pursuant to the certification, then upon the adoption of t

the certification shall cease to be effective and all 

assistance furnished under the authority of that certific

suspended immediately.

(B) Any concurrent resolution under this parag

considered in the Senate in accordance with the 

section 601(b) of the International Security Assistan

Export Control Act of 1976.

––––––––

2 22 USC 2429 and 22 USC 2429a were repealed by P.L. 103-236, Tit

108 Stat. 519 (1994). § 826(c) states “Any reference in law as of the 

enactment of this Act to section 669 or 670 of the Foreign Assistance 

shall, after such date, be deemed to be a reference to section 101 or 1

may be, of the Arms Export Control Act.”

22 USC 2429a.

22 USC 2151 

note.

22 USC 2346.

22 USC 2348.

22 USC 2751 

note.

Transmittal of 

certification to 

Congress.

Congressional 

disapproval.
to proceed to the consideration of any such resoluti

been reported by the appropriate committee shall 

highly privileged in the House of Representatives.

(b)(1) Except as provided in paragraphs (2) and (3) of th

no funds authorized to be appropriated by this Act or the 

Control Act may be used for the purpose of providing econo

(including assistance under Chapter 4 of Part II), prov

assistance or grant military education and training, provid

under Chapter 6 of Part II, or extending military credi

guarantees, to any country which on or after the date of ena

International Security Assistance Act of 1977–

(A) transfers a nuclear explosive device to a 

weapon state, or

(B) is a non-nuclear-weapon state and either–

(i) receives a nuclear explosive device, or

(ii) detonates a nuclear explosive device.

(2)(A) Notwithstanding paragraph (1) of this su

President may, for a period of not more than 30 days 

session, furnish assistance which would otherwise be pro

paragraph (1) of this subsection if, before furnishing su

the President transmits to the Speaker of the House of Re

and to the chairman of the Committee on Foreign Re

Senate, a certification that he has determined that 

termination of assistance to that country would be detr

national security of the United States. Not more th

certification may be transmitted for a country with respe

detonation, transfer, or receipt of a nuclear explosive de

(B) If the President transmits a certification to 

under subparagraph (A), a joint resolution which wo

President to exercise the waiver authority of paragra

subsection shall, if introduced in either House within 

continuous session after the Congress receives this ce

considered in the Senate and House of Repre

accordance with subparagraphs (C) and (D) of this p

(C) Any joint resolution under this paragr

considered in the Senate in accordance with the 

section 601(b) of the International Security Assista

Export Control Act of 1976.

(D) For the purpose of expediting the cons

adoption of joint resolutions under this paragraph

proceed to the consideration of such a joint resoluti

been reported by the appropriate committee shall 

highly privileged in the House of Representatives. 

(E) For purposes of this paragraph, the term “joi

means a joint resolution the matter after the resolv

which is as follows: “That the Congress having r

certification by the President under section 670(b)(2) 

Assistance Act of 1961 with respect to _______, 

hereby authorizes the President to exercise the wa

contained in section 670(b)(3) of that Act,” with the 

of the certification inserted in the first blank and th

country inserted in the second blank. 

22 USC 2346.

22 USC 2458.

22 USC 2751 

note.

22 USC 2151 

note.

Transmittal of 

certification to 

Congress.

Joint resolution.

22 USC 2429a.
subsection, the President may furnish assistance 

otherwise be prohibited under paragraph (1) if he de

certifies in writing to the Speaker of the House of Repre

the Committee on Foreign Relations of the Senate that th

of such assistance would be seriously prejudicial to the a

United States nonproliferation objectives or otherwise j

common defense and security. The President shall trans

certification a statement setting forth the specific reason

(4) For purposes of this subsection, continuity of ses

only by an adjournment of Congress sine die and the d

either House is not in session because of an adjournmen

three days to a day certain are excluded in the compu

period of time in which Congress is in continuous sessio

(5) As used in this subsection, the term “non-nuclear-

means any country which is not a nuclear-weapon state

article IX(3) of the Treaty on the Non-Proliferatio

Weapons.

Congress.

Non-nuclear 

weapon State.

See 21 USC 

483.
Public Law 101–513 104 S

November 5, 1990

Title V—Iraq Sanctions Act of 1990

Sec. 586. Short Title

Sections 586 through 586J of this Act may be cited 

Sanctions Act of 1990’.

Sec. 586A. Declarations Regarding Iraq's Invasion of Ku

The Congress–

(1) condemns Iraq's invasion of Kuwait on Augu

(2) supports the actions that have been taken by th

response to that invasion;

(3) calls for the immediate and unconditional 

Iraqi forces from Kuwait;

(4) supports the efforts of the United Nations Se

to end this violation of international law and threat to 

peace;

(5) supports the imposition and enforcement o

sanctions against Iraq;

(6) calls on United States allies and other countr

fully the efforts of the United Nations Security Counc

other appropriate actions, to bring about an end to Ira

of Kuwait; and

(7) condemns the brutal occupation of Kuwait b

gross violations of internationally recognized hum

Kuwait, including widespread arrests, tortur

executions, and mass extrajudicial killings.

Sec. 586B. Consultations with Congress

The President shall keep the Congress fully informed, an

with the Congress, with respect to current and anticipated ev

the international crisis caused by Iraq's invasion of Kuwait, 

respect to United States actions.

Sec. 586C. Trade Embargo against Iraq

(a) CONTINUATION OF EMBARGO–Except as other

in this section, the President shall continue to impose the t

and other economic sanctions with respect to Iraq and K

United States is imposing, in response to Iraq's invasio

pursuant to Executive Orders Numbered 12724 and 1272

1990) and, to the extent they are still in effect, Executive Ord

12722 and 12723 (August 2, 1990). Notwithstanding any o

of law, no funds, credits, guarantees, or insurance ap

otherwise made available by this or any other Act for fisca

any fiscal year thereafter shall be used to support or a

financial or commercial operation of any United States 

department, agency, or other entity, or of any person s

jurisdiction of the United States, for the benefit of the Gover

its agencies or instrumentalities, or any person working on 

Government of Iraq, contrary to the trade embargo and ot

sanctions imposed in accordance with this section.

Iraq 

Sanctions Act 

of 1990.

50 USC 1701 

note. 

President.

President.
humanitarian circumstances from the prohibitions estab

United States pursuant to United Nations Security Council R

(1990), those exemptions shall be limited to foodstuffs t

provided consistent with United Nations Security Council R

(1990) and other relevant Security Council resolutions.

(c) NOTICE TO CONGRESS OF EXCEPTION

TERMINATION OF SANCTIONS–

(1) NOTICE OF REGULATIONS–Any regulation

the date of enactment of this Act with respect to the econo

imposed with respect to Iraq and Kuwait by the United 

Executive Orders Numbered 12722 and 12723 (August 

Executive Orders Numbered 12724 and 12725 (August 

be submitted to the Congress before those regulations ta

(2) NOTICE OF TERMINATION OF SAN

President shall notify the Congress at least 15 day

termination, in whole or in part, of any sanction impose

to Iraq or Kuwait pursuant to those Executive orders.

(d) Relation to Other Laws–

(1) SANCTIONS LEGISLATION–The sanctio

described in subsection (a) are in addition to, and not 

sanctions provided for in section 586G of this Act 

provision of law.

(2) NATIONAL EMERGENCIES AND UNITE

LEGISLATION–Nothing in this section supersedes any 

the National Emergencies Act or any authority of the P

the International Emergency Economic Powers Act or s

the United Nations Participation Act of 1945.

Sec. 586D. Compliance with United Nations Sanctions A

(a) DENIAL OF ASSISTANCE–None of the funds ap

otherwise made available pursuant to this Act to carry ou

Assistance Act of 1961 (including Title IV of Chapter 2 of 

to the Overseas Private Investment Corporation) or the 

Control Act may be used to provide assistance to any countr

compliance with the United Nations Security Council san

Iraq unless the President determines and so certifies to the C

(1) such assistance is in the national interest of the U

(2) such assistance will directly benefit the needy 

country; or

(3) the assistance to be provided will be humanitarian 

foreign nationals who have fled Iraq and Kuwait.

(b) IMPORT SANCTIONS–If the President considers t

of such action would promote the effectiveness of the econo

of the United Nations and the United States imposed with r

and is consistent with the national interest, the President ma

such a period of time as he considers appropriate, the impor

United States of any or all products of any foreign countr

prohibited–

(1) the importation of products of Iraq into its cust

and

(2) the export of its products to Iraq.

President.
Economic Powers Act (50 USC 1705) and section 5(b) 

Nations Participation Act of 1945 (22 USC 287c(b))–

(1) a civil penalty of not to exceed $250,000 may b

any person who, after the date of enactment of this A

evades or attempts to violate or evade Executive Ord

12722, 12723, 12724, or 12725 or any license, order, 

issued under any such Executive order; and

(2) whoever, after the date of enactment of this 

violates or evades or attempts to violate or evade Ex

Numbered 12722, 12723, 12724, or 12725 or any lice

regulation issued under any such Executive order–

(A) shall, upon conviction, be fined not more tha

if a person other than a natural person; or

(B) if a natural person, shall, upon conviction, be 

than $1,000,000, be imprisoned for not more than 12 

Any officer, director, or agent of any corporation w

participates in a violation, evasion, or attempt described in 

may be punished by imposition of the fine or imprisonm

specified in subparagraph (B) of that paragraph.

Sec. 586F. Declarations Regarding Iraq's Long–Standi

of International Law

(a) IRAQ'S VIOLATIONS OF INTERNATIONA

Congress determines that–

(1) the Government of Iraq has demonstrated repeat

disregard for its obligations under international law by 

Charter of the United Nations, the Protocol for the Proh

Use in War of Asphyxiating, Poisonous or Other G

Bacteriological Methods of Warfare (done at Geneva, J

as well as other international treaties;

(2) the Government of Iraq is a party to the Internatio

on Civil and Political Rights and the International 

Economic, Social, and Cultural Rights and is obliga

Covenants, as well as the Universal Declaration of Hum

respect internationally recognized human rights;

(3) the State Department's Country Reports on H

Practices for 1989 again characterizes Iraq's human rig

abysmal”;

(4) Amnesty International, Middle East Watch

independent human rights organizations have documen

systematic, and continuing human rights abuses by the G

Iraq, including summary executions, mass polit

disappearances, widespread use of torture, arbitrary 

prolonged detention without trial of thousands of politic

forced relocation and deportation, denial of nearly all civ

rights such as freedom of association, assembly, speech, 

and the imprisonment, torture, and execution of children

(5) since 1987, the Government of Iraq has intensi

repression of the Kurdish minority of Iraq, deliberately d

than 3,000 villages and towns in the Kurdish regions

expelled more than 500,000 people, thus effectively dep

rural areas of Iraqi Kurdistan;

(6) Iraq has blatantly violated international law by in

chemical weapons in the Iran-Iraq war;
thousands of deaths and more than 65,000 refugees;

(8) Iraq continues to expand its chemical weapons c

President Saddam Hussein has threatened to use chem

against other nations;

(9) persuasive evidence exists that Iraq is develop

weapons in violation of international law;

(10) there are strong indications that Iraq has taken st

nuclear weapons and has attempted to smuggle from the 

in violation of United States law, components for trigg

used in nuclear warheads whose manufacture would c

Treaty on the Non-Proliferation of Nuclear Weapons, to 

a party; and

(11) Iraqi President Saddam Hussein has threa

terrorism against other nations in violation of internation

increased Iraq's support for the Palestine Liberation Org

other Palestinian groups that have conducted terrorist ac

(b) HUMAN RIGHTS VIOLATIONS–The Congress d

the Government of Iraq is engaged in a consistent pat

violations of internationally recognized human rights. All 

law that impose sanctions against a country whose governm

in a consistent pattern of gross violations of international

human rights shall be fully enforced against Iraq.

(c) SUPPORT FOR INTERNATIONAL TERRORISM–

(1) The Congress determines that Iraq is a coun

repeatedly provided support for acts of internationa

country which grants sanctuary from prosecution to 

groups which have committed an act of international 

a country which otherwise supports international t

provisions of law specified in paragraph (2) and all ot

of law that impose sanctions against a country which 

provided support for acts of international terrorism, 

sanctuary from prosecution to an individual or gro

committed an act of international terrorism, or wh

supports international terrorism shall be fully enforce

(2) The provisions of law referred to in paragraph 

(A) section 40 of the Arms Export Control A

(B) section 620A of the Foreign Assistance A

(C) sections 555 and 556 of this Act (and the 

sections of predecessor foreign operations approp

and

(D) section 555 of the International 

Development Cooperation Act of 1985.

(d) MULTILATERAL COOPERATION–The Congres

President to seek multilateral cooperation–

(1) to deny dangerous technologies to Iraq;

(2) to induce Iraq to respect internationally recog

rights; and

(3) to induce Iraq to allow appropriate international 

and human rights organizations to have access to Iraq 

including the areas in northern Iraq traditionally inhabite

Sec. 586G. Sanctions against Iraq

(a) IMPOSITION–Except as provided in section 586H, 

sanctions shall apply with respect to Iraq:

Saddam 

Hussein.

Saddam

Hussein.
(2) COMMERCIAL ARMS SALES- Licenses shall 

for the export to Iraq of any item on the United States M

(3) EXPORTS OF CERTAIN GOODS AND TEC

The authorities of section 6 of the Export Administratio

(50 USC App. 2405) shall be used to prohibit the export 

goods or technology listed pursuant to that section or sec

that Act (50 USC App. 2404(c)(1)) on the control list p

section 4(b) of that Act (50 USC App. 2403(b)).

(4) Nuclear equipment, materials, and technology–

(A) NRC LICENSES–The Nuclear Regulatory 

shall not issue any license or other authorization und

Energy Act of 1954 (42 USC 2011 and following) fo

Iraq of any source or special nuclear material, any 

utilization facility, any sensitive nuclear tech

component, item, or substance determined to have si

nuclear explosive purposes pursuant to section 109b. 

Energy Act of 1954 (42 USC 2139(b)), or any oth

technology requiring such a license or authorization.

(B) DISTRIBUTION OF NUCLEAR MAT

authority of the Atomic Energy Act of 1954 shall n

distribute any special nuclear material, source 

byproduct material to Iraq.

(C) DOE AUTHORIZATIONS–The Secretary o

not provide a specific authorization under section 5

Atomic Energy Act of 1954(42 USC 2077(b)(2)) fo

that would constitute directly or indirectly engagi

activities that require a specific authorization under t

(5) ASSISTANCE FROM INTERNATIONAL 

INSTITUTIONS–The United States shall oppose any lo

or technical assistance to Iraq by international financial 

accordance with section 701 of the International Financ

Act (22 USC 262d).

(6) ASSISTANCE THROUGH THE EXPORT-IMP

Credits and credit guarantees through the Export-Impo

United States shall be denied to Iraq.

(7) ASSISTANCE THROUGH THE COMMODI

CORPORATION–Credit, credit guarantees, and oth

through the Commodity Credit Corporation shall be den

(8) FOREIGN ASSISTANCE–All forms of assista

Foreign Assistance Act of 1961 (22 USC 2151 and fo

than emergency assistance for medical supplies and o

emergency humanitarian assistance, and under the 

Control Act (22 U.S.C. 2751 and following) shall be den

(b) CONTRACT SANCTITY–For purposes of the ex

imposed pursuant to subsection (a)(3), the date described 

(m)(1) of section 6 of the Export Administration Act of 1

App. 2405) shall be deemed to be August 1, 1990.

Sec. 586H. Waiver Authority

(a) IN GENERAL–The President may waive the requir

paragraph of section 586G(a) if the President makes a certi

subsection (b) or subsection (c).

Credit.
exercised 60 days after the President certifies to the Congre

(1) the Government of Iraq–

(A) has demonstrated, through a pattern 

substantial improvement in its respect for i

recognized human rights;

(B) is not acquiring, developing, or man

ballistic missiles, (ii) chemical, biological, or nuc

or (iii) components for such weapons; has forswo

of such weapons; and is taking substantial and v

to destroy or otherwise dispose of any such 

weapons it possesses; and

(C) does not provide support for international 

(2) the Government of Iraq is in substantial compl

obligations under international law, including–

(A) the Charter of the United Nations;

(B) the International Covenant on Civil and P

(done at New York, December 16, 1966) and the 

Covenant on Economic, Social, and Cultural Rights 

York, December 16, 1966);

(C) the Convention on the Prevention and Puni

Crime of Genocide (done at Paris, December 9, 1948

(D) the Protocol for the Prohibition of the U

Asphyxiating, Poisonous or Other Gases, and of B

Methods of Warfare (done at Geneva, June 17, 1925

(E) the Treaty on the Non-Proliferation of Nuc

(done at Washington, London, and Moscow, July 1, 

(F) the Convention on the Prohibition of the 

Production and Stockpiling of Bacteriological (B

Toxin Weapons and on Their Destruction (done a

London, and Moscow, April 10, 1972); and

(3) the President has determined that it is essential t

interests of the United States to exercise the authority of 

(c) CERTIFICATION OF FUNDAMENTAL CHANG

LEADERSHIP AND POLICIES–The authority of subsecti

exercised 30 days after the President certifies to the Congre

(1) there has been a fundamental change in the lea

Government of Iraq; and

(2) the new Government of Iraq has provided reliabl

assurance that–

(A) it respects internationally recognized human 

will demonstrate such respect through its conduct;

(B) it is not acquiring, developing, or manufactur

not acquire, develop, or manufacture (i) ballistic 

chemical, biological, or nuclear weapons, or (iii) co

such weapons; has forsworn the first use of such w

taking substantial and verifiable steps to destroy 

dispose of any such missiles and weapons it possesse

(C) it is not and will not provide support for 

terrorism; and(D) it is and will continue to be 

compliance with its obligations under international 

all the treaties specified in subparagraphs (A) th

subsection (b)(2).
for each determination required by that subsection. The cer

also specify which paragraphs of section 586G(a) the Presid

pursuant to that certification.

Sec. 586I. Denial of Licenses for Certain Exports 

Assisting Iraq's Rocket or Chemical, Biological, or Nucl

Capability

(a) RESTRICTION ON EXPORT LICENSES–None 

appropriated by this or any other Act may be used to approv

for export of any supercomputer to any country whose go

President determines is assisting, or whose government 

President determines are assisting, Iraq to improve its rock

or chemical, biological, or nuclear weapons capability.

(b) NEGOTIATIONS–The President is directed to beg

negotiations with those governments with which the Unit

bilateral supercomputer agreements, including the Gover

United Kingdom and the Government of Japan, on conditi

the transfer to Iraq of supercomputer or associated technolo

Sec. 586J. Reports to Congress

(a) STUDY AND REPORT ON THE INTERNATION

TO IRAQ OF NUCLEAR, BIOLOGICAL, CHEM

BALLISTIC MISSILE TECHNOLOGY–

(1) The President shall conduct a study on the sale, ex

party transfer or development of nuclear, biological, 

ballistic missile technology to or with Iraq including–

(A) an identification of specific countries, as well 

and individuals, both foreign and domestic, engaged 

export of, nuclear, biological, chemical, and ba

technology;

(B) a detailed description and analysis of the 

supply, information, support, and coproducti

individual, corporate, and state, responsible for 

capability in the area of nuclear, biological, chemica

missile technology; and

(C) a recommendation of standards and proce

which to measure and verify a decision of the Gover

to terminate the development, production, copro

deployment of nuclear, biological, chemical, and offe

missile technology as well as the destruction o

facilities associated with such technologies.

(2) The President shall include in the study required 

(1) specific recommendations on new mechanisms, to in

be limited to, legal, political, economic and regulatory

United States might contribute, in conjunction with its 

and the international community, to the managemen

elimination of the threat of nuclear, biological, chemica

missile proliferation.

(3) Not later than March 30, 1991, the President shal

Committee on Appropriations and the Committee on For

of the Senate and the Committee on Appropriations and t

on Foreign Affairs of the House of Representatives, a r

classified and unclassified form, setting forth the finding

required by paragraph (1) of this subsection.
(1) The President shall conduct a study on Iraqs offe

capability and its effect on the Middle East balance of po

an assessment of Iraq's power projection capability, the 

another sustained conflict with Iran, joint Iraqi-Jorda

cooperation, the threat Iraq's arms transfer activities p

States allies in the Middle East, and the extension of Ir

military influence into Africa and Latin America.

(2) Not later than March 30, 1991, the President shal

Committee on Appropriations and the Committee on For

of the Senate and the Committee on Appropriations and t

on Foreign Affairs of the House of Representatives, a r

classified and unclassified form, setting forth the finding

required by paragraph (1).

(c) REPORT ON SANCTIONS TAKEN BY OTHE

AGAINST IRAQ–

(1) The President shall prepare a report on the steps 

nations, both before and after the August 2, 1990, invasi

to curtail the export of goods, services, and technologies 

might contribute to, or enhance, Iraq's nuclear, biologi

and ballistic missile capability.

(2) The President shall provide a complete a

international compliance with each of the sanction

adopted by the United Nations Security Council agai

August 2, 1990, and shall list, by name, each country 

knowledge, has provided any assistance to Iraq and th

type of that assistance in violation of each United Nation

(3) The President shall make every effort to en

nations, in whatever forum or context, to adopt sanction

similar to those contained in this section.

(4) Not later than every 6 months after the date of ena

Act, the President shall submit to the Committee on A

and the Committee on Foreign Relations of the Se

Committee on Appropriations and the Committee on F

of the House of Representatives, a report in both 

unclassified form, setting forth the findings of the stud

paragraph (1) of this subsection.
Public Law 108–11 117 S

April 16, 2003

An Act

Making emergency wartime supplemental appropriations fo

year 2003, and for other purposes.

Be it enacted by the Senate and House of Representatives 

States of America in Congress assembled,

Sec. 1503.

The President may suspend the application of any provisi

Sanctions Act of 1990: Provided, That nothing in this secti

the applicability of the Iran-Iraq Arms Non- Proliferation 

(Public Law 102-484), except that such Act shall not apply to 

assistance and supplies: Provided further, That the Preside

inapplicable with respect to Iraq section 620A of the Forei

Act of 1961 or any other provision of law that applies to 

have supported terrorism: Provided further, That military 

defined by Title XVI, section 1608(1)(A) of Public Law 102

be exported under the authority of this section: Provided 

section 307 of the Foreign Assistance Act of 1961 shall n

respect to programs of international organizations for I

further, That provisions of law that direct the United State

to vote against or oppose loans or other uses of funds, 

financial or technical assistance, in international financial i

Iraq shall not be construed as applying to Iraq: Provided fur

President shall submit a notification 5 days prior to exercis

authorities described in this section to the Committee on A

of each House of the Congress, the Committee on Foreign R

Senate, and the Committee on International Relations of 

Representatives: Provided further, That not more than 

enactment of this Act and every 90 days thereafter the P

submit a report to the Committee on Appropriations of each 

Congress, the Committee on Foreign Relations of the Se

Committee on International Relations of the House of R

containing a summary of all licenses approved for export 

item on the Commerce Control List contained in 

Administration Regulations, 15 CFR Part 774, Supplemen

identification of end users of such items: Provided furt

authorities contained in this section shall expire on Septem

or on the date of enactment of a subsequent Act authorizing 

Iraq and that specifically amends, repeals or otherwise make

the authorities of this section, whichever occurs first.

President. 

Notification.

Deadlines. 

President. 

Reports.

Expiration

date.
For Imm

Office of the P

Memorandum for the Secretary of State 

Presidential Determination

No. 2003-23 

THE SECRETARY OF COMMERCE 

SUBJECT: Suspending the Iraq Sanctions Act, Making Inapplicable Cer

Provisions Related to Iraq, and Delegating Authorities, under the Emerg

Supplemental Appropriations Act, 2003 

By virtue of the authority vested in me by the Constitution and the laws 

States, including sections 1503 and 1504 of the Emergency Wartime Supp

2003, Public Law 108-11 (the “Act”), and section 301 of Title 3, United 

hereby: 

(1) suspend the application of all of the provisions, other than section 586

Sanctions Act of 1990, Public Law 101-513, and 

(2) make inapplicable with respect to Iraq section 620A of the Foreign Ass

1961, Public Law 87-195, as amended (the “FAA”), and any other provisi

applies to countries that have supported terrorism. 

In addition, I delegate the functions and authorities conferred upon the Pres

(1) section 1503 of the Act to submit reports to the designated committees o

to the Secretary of Commerce, or until such time as the principal licensing 

for the export to Iraq of items on the Commerce Control List has re

Department of Commerce, to the Secretary of the Treasury; and, 

(2) section 1504 of the Act to the Secretary of State. 

The functions and authorities delegated herein may be further delegated an

to the extent consistent with applicable law. 

The Secretary of State is authorized and directed to publish this determ

Federal Register. 

GEORGE W. BUSH 
PROLIFERATION OF 1992)

Public Law 102–484 106 St

October 23, 1992 

Division A – Title XVI

Title XVI—Iran-Iraq Arms Nonproliferation Act 

Sec. 1601. Short Title

This Title may be cited as the “Iran–Iraq Arms Non–Pro

of 1992”.

Sec. 1602. United States Policy

(a) IN GENERAL–It shall be the policy of the United Sta

and urgently to seek the agreement of other nations also t

transfer to Iran or Iraq of any goods or technology, inclu

goods or technology, wherever that transfer could materially 

either country's acquiring chemical, biological, nuclear, or 

numbers and types of advanced conventional weapons.

(b) SANCTIONS–

(1) In the furtherance of this policy, the Presiden

sanctions and controls with respect to Iran, Iraq, and tho

persons who assist them in acquiring weapons of mass 

accordance with the Foreign Assistance Act of 1961, the 

Proliferation Act of 1978, the Chemical and Biolog

Control and Warfare Elimination Act of 1991, Chapter 

Export Control Act, and other relevant statutes, regard

proliferation of weapons of mass destruction and the m

delivery.

(2) The President should also urgently seek the agree

nations to adopt and institute, at the earliest practicable d

and controls comparable to those the United States is obli

under this subsection.

(c) PUBLIC IDENTIFICATION–The Congress calls on 

to identify publicly (in the report required by section 1607) 

person that transfers goods or technology to Iran or Iraq c

policy set forth in subsection (a).

Sec. 1603. Application to Iran of Certain Iraq Sanctions

The sanctions against Iraq specified in paragraphs (1) t

section 586G(a) of the Iraq Sanctions Act of 1990 (as conta

Law 101-513), including denial of export licenses for 

persons and prohibitions on United States Government s

applied to the same extent and in the same manner with resp

Sec. 1604. Sanctions Against Certain Persons

(a) PROHIBITION–If any person transfers or retrans

technology so as to contribute knowingly and materially to 

Iran or Iraq (or any agency or instrumentality of either su

acquire chemical, biological, or nuclear weapons or destabil

and types of advanced conventional weapons, then the sanct

in subsection (b) shall be imposed.

(b) MANDATORY SANCTIONS–The sanctions to 

pursuant to subsection (a) are as follows:

Iran–Iraq Arms 

Nonproliferation 

Act of 1992. 

50 USC 1701 

note.

President.
for the procurement of, any goods or services from t

person.

(2) EXPORT SANCTION- For a period of two yea

States Government shall not issue any license for any e

the sanctioned person.

Sec. 1605. Sanctions against Certain Foreign Countries

(a) PROHIBITION–If the President determines that the g

any foreign country transfers or retransfers goods or techn

contribute knowingly and materially to the efforts by Iran o

agency or instrumentality of either such country) to acqu

biological, or nuclear weapons or destabilizing numbers 

advanced conventional weapons, then–

(1) the sanctions described in subsection (b) shall b

such country; and

(2) in addition, the President may apply, in the dis

President, the sanction described in subsection (c).

(b) MANDATORY SANCTIONS- Except as provided 

(2), the sanctions to be imposed pursuant to subsection 

follows:

(1) SUSPENSION OF UNITED STATES ASSIS

United States Government shall suspend, for a period 

United States assistance to the sanctioned country.

(2) MULTILATERAL DEVELOPMENT BANK AS

The Secretary of the Treasury shall instruct the United St

Director to each appropriate international financial 

oppose, and vote against, for a period of one year, the 

such institution of any loan or financial or technical as

sanctioned country.

(3) SUSPENSION OF CODEVELOPM

COPRODUCTION AGREEMENTS–The United States 

for a period of one year, compliance with its obligatio

memorandum of understanding with the sanctioned co

codevelopment or coproduction of any item on the 

Munitions List (established under section 38 of the 

Control Act), including any obligation for implemen

memorandum of understanding through the sale to t

country of technical data or assistance or the licensing fo

sanctioned country of any component part.

(4) SUSPENSION OF MILITARY AND 

TECHNICAL EXCHANGE AGREEMENTS–The Unit

suspend, for a period of one year, compliance with its obl

any technical exchange agreement involving military 

technology between the United States and the sanctione

does not directly contribute to the security of the United 

military or dual-use technology may be exported fro

States to the sanctioned country pursuant to that agreeme

period.

(5) UNITED STATES MUNITIONS LIST–No item 

States Munitions List (established pursuant to section 3

Export Control Act) may be exported to the sanctioned 

period of one year.

(c) DISCRETIONARY SANCTION–The sanction r

subsection (a)(2) is as follows:

President.
paragraph (2), the President may exercise, in accord

provisions of that Act, the authorities of the Internation

Economic Powers Act with respect to the sanctioned cou

(2) EXCEPTION–Paragraph (1) does not apply w

urgent humanitarian assistance.

Sec. 1606. Waiver

The President may waive the requirement to impo

described in section 1603, in the case of Iran, or a sanctio

section 1604(b) or 1605(b), in the case of Iraq and Iran, 15 

President determines and so reports to the Committees on A

and Foreign Relations of the Senate and the Committe

Services and Foreign Affairs of the House of Representa

essential to the national interest of the United States to 

waiver authority. Any such report shall provide a specific 

rationale for such determination.

Sec. 1607. Reporting Requirement

(a) ANNUAL REPORT–Beginning one year after th

enactment of this Act, and every 12 months thereafter, the P

submit to the Committees on Armed Services and Foreign R

Senate and the Committees on Armed Services and Foreign 

House of Representatives a report detailing–

(1) all transfers or retransfers made by any pers

government during the preceding 12-month period whi

to any sanction under this Title; and

(2) the actions the President intends to undertake or h

pursuant to this Title with respect to each such transfer.

(b) REPORT ON INDIVIDUAL TRANSFERS–W

President determines that a person or foreign governmen

transfer which is subject to any sanction under this Title, 

shall, within 30 days after such transfer, submit to the C

Armed Services and Foreign Relations of the Senate and th

on Armed Services and Foreign Affairs of the House of Rep

report–

(1) identifying the person or government and provid

of the transfer; and

(2) describing the actions the President intends to un

undertaken under the provisions of this Title with respec

transfer.

(c) FORM OF TRANSMITTAL–Reports required by th

be submitted in classified as well as in unclassified form.

Sec. 1608. Definitions

For purposes of this Title:

(1) The term “advanced conventional weapons” inclu

(A) such long-range precision-guided muniti

explosives, cruise missiles, low observability aircra

evading aircraft, advanced military aircraft, milit

electromagnetic weapons, and laser weapons as 

determines destabilize the military balance or enha

capabilities in destabilizing ways;

(B) such advanced command, control, and co

systems, electronic warfare systems, or intelligen

systems as the President determines destabilize 

balance or enhance offensive capabilities in destabiliz

President.

President.
(2) The term cruise missile means guided mis

aerodynamic lift to offset gravity and propulsion to coun

(3) The term “goods or technology” means–

(A) any article, natural or manmade substance, ma

or manufactured product, including inspection and te

and

(B) any information and know-how (whether in 

such as models, prototypes, drawings, sketche

blueprints, or manuals, or in intangible form, such 

technical services) that can be used to desi

manufacture, utilize, or reconstruct goods, includ

software and technical data.

(4) The term “person” means any United State

individual, partnership, corporation, or other form of a

any of their successor entities, parents, or subsidiaries.

(5) The term “sanctioned country” means a country 

sanctions are required to be imposed pursuant to section 

(6) The term “sanctioned person” means a person 

transfer described in section 1604(a).

(7) The term “United States assistance” means–

(A) any assistance under the Foreign Assistance 

other than–

(i) urgent humanitarian assistance or medicin

(ii) assistance under Chapter 11 of Part I (as 

Freedom for Russia and Emerging Eurasian Dem

Open Markets Support Act of 1992);

(B) sales and assistance under the Arms Export C

(C) financing by the Commodity Credit Corporat

sales of agricultural commodities; and

(D) financing under the Export-Import Bank Act
Public Law 106–113 113 Stat. 1

November 29, 1999

An Act

Making consolidated appropriations for the fiscal year endi

30, 2000, and for other purposes.

Sec. 821. Short Title

 This subtitle may be cited as the “North Korea Threat Re

of 1999”

Sec. 822. Restrictions on Nuclear Cooperation with Nort

(a) IN GENERAL.–Notwithstanding any other provision 

international agreement, no agreement for cooperation (

section 11b. of the Atomic Energy Act of 1954 (42 USC 201

the United States and North Korea may become effective, n

be issued for export directly or indirectly to North Korea o

material, facilities, components, or other goods, services, 

that would be subject to such agreement, and no approval 

for the transfer or retransfer directly or indirectly to North 

nuclear material, facilities, components, or other goods

technology that would be subject to such agreement, until 

determines and reports to the Committee on International R

House of Representatives and the Committee on Foreign R

Senate that–

(1) North Korea has come into full compliance with 

agreement with the IAEA (INFCIRC/403), and has taken 

have been deemed necessary by the IAEA in this regard

(2) North Korea has permitted the IAEA full access to 

sites and all information (including historical reco

necessary by the IAEA to verify the accuracy and co

North Korea's initial report of May 4, 1992, to the IAEA 

sites and material in North Korea;

(3) North Korea is in full compliance with its obligat

Agreed Framework;

(4) North Korea has consistently taken steps to imple

Declaration on Denuclearization, and is in full compl

obligations under numbered paragraphs 1, 2, and 3 

Declaration on Denuclearization (excluding in the case 

paragraph 3 facilities frozen pursuant to the Agreed Fram

(5) North Korea does not have uranium enrichme

reprocessing facilities (excluding facilities frozen pu

Agreed Framework), and is making no significant pr

acquiring or developing such facilities;

(6) North Korea does not have nuclear weapons and 

significant effort to acquire, develop, test, produce, o

weapons; and

(7) the transfer to North Korea of key nuclear comp

the proposed agreement for cooperation with North 

accordance with the Agreed Framework, is in the natio

the United States.
and restrictions contained in the Atomic Energy Act of 1

laws.

Sec. 823. Definitions

In this subtitle:

(1) AGREED FRAMEWORK.–The ter

Framework” means the “Agreed Framework Betwe

States of America and the Democratic People's Repub

signed in Geneva on October 21, 1994, and the Confid

to that Agreement.

(2) IAEA.–The term “IAEA” means the Interna

Energy Agency.

(3) NORTH KOREA.–The term “North Kore

Democratic People’s Republic of Korea.

(4) JOINT DECLARATION ON DENUCLEA

The term “Joint Declaration on Denuclearization'' m

Declaration on the Denuclearization of the Kore

issued by the Republic of Korea and the Democ

Republic of Korea on January 1, 1992.
Public Law 106–178 114 

March 14, 2000

An Act

to provide for the application of measures to foreign person

to Iran certain goods, services, or technology, and for ot

Be it enacted by the Senate and House of Representative

United States of America in Congress assembled, 

Sec. 1. Short Title

This Act may be cited as the “Iran and Syria Nonprolife

Sec. 2. Reports on Proliferation Relating to Iran and Syr

(a) REPORTS.–The President shall, at the times specified 

(b), submit to the Committee on International Relations of 

Representatives and the Committee on Foreign Relations o

report identifying every foreign person with respect to w

credible information indicating that that person, on or af

1999, transferred to or acquired from Iran, or on or after Ja

transferred to or acquired from Syria–

(1) goods, services, or technology listed on–

(A) the Nuclear Suppliers Group Guidelines for 

Nuclear Material, Equipment and Technology (pub

International Atomic Energy Agency as Informa

INFCIRC/254/ Rev.3/ Part 1, and subsequent r

Guidelines for Transfers of Nuclear-Related Dual-U

Material, and Related Technology (published by the 

Atomic Energy Agency as Information Circular I

Rev.3/ Part 2, and subsequent revisions);

(B) the Missile Technology Control Regime E

Technology Annex of June 11, 1996, and subsequen

(C) the lists of items and substances relating to 

chemical weapons the export of which is contr

Australia Group;

(D) the Schedule One or Schedule Two list of to

and precursors the export of which is controlled p

Convention on the Prohibition of the Developmen

Stockpiling and Use of Chemical Weapons a

Destruction; or

(E) the Wassenaar Arrangement list of Dual U

Technologies and Munitions list of July 12, 1996, a

revisions; or

(2) goods, services, or technology not listed on any 

in paragraph (1) but which nevertheless would be, if the

States goods, services, or technology, prohibited for ex

Syria, as the case may be, because of their potential to m

contribution to the development of nuclear, biological

weapons, or of ballistic or cruise missile systems.

––––––––

1 Amended by P.L. 109-112, 119 Stat. 2366 (2005).

Iran 

Nonproliferation 

Act of 2000. 

Arms and 

munitions. 

Weapons.

50 USC 1701 

note.

President
not later than 6 months after such date of enactment, and no

end of each 6-month period thereafter.

(c) EXCEPTIONS.–Any foreign person who–

(1) was identified in a previous report submitted und

(a) on account of a particular transfer; or

(2) has engaged in a transfer on behalf of, or in con

Government of the United States, is not required to be 

account of that same transfer in any report submitted th

this section, except to the degree that new information 

indicating that the particular transfer may have contin

larger, more significant, or different in nature than previ

under this section.

(d) Submission in Classified Form.--When the Presiden

appropriate, reports submitted under subsection (a), or app

thereof, may be submitted in classified form.

Sec. 3. Application of Measures to Certain Foreign Pers

(a) APPLICATION OF MEASURES.–Subject to sectio

President is authorized to apply with respect to each f

identified in a report submitted pursuant to section 2(a), for 

time as he may determine, any or all of the measures 

subsection (b).

(b) DESCRIPTION OF MEASURES.–The measures 

subsection (a) are the following:

(1) EXECUTIVE ORDER NO. 12938 PROHIB

measures set forth in subsections (b) and (c) of section 4 

Order No. 12938.

(2) ARMS EXPORT PROHIBITION.–Prohibitio

States Government sales to that foreign person of any 

United States Munitions List as in effect on August 

termination of sales to that person of any defense art

services, or design and construction services under the 

Control Act.

(3) DUAL USE EXPORT PROHIBITION.–Denial o

suspension of existing licenses for the transfer to that p

the export of which is controlled under the Export Adm

of 1979 or the Export Administration Regulations.

(c) EFFECTIVE DATE OF MEASURES.–Measures ap

to subsection (a) shall be effective with respect to a foreign p

than–

(1) 90 days after the report identifying the fore

submitted, if the report is submitted on or before the da

section 2(b);

(2) 90 days after the date required by section 2(b) 

the report, if the report identifying the foreign person 

within 60 days after that date; or

(3) on the date that the report identifying the fore

submitted, if that report is submitted more than 60 days 

required by section 2(b).

(d) PUBLICATION IN FEDERAL REGISTER.–The 

measures to a foreign person pursuant to subsection (a) shall 

by notice published in the Federal Register.

2

––––––––

2 Amended by P.L. 109-112, 119 Stat. 2366 (2005).
President not exercise the authority of section 3(a) to apply 

the measures described in section 3(b) with respect to a f

identified in a report submitted pursuant to section 2(a), he 

the Committee on International Relations of the House of R

and the Committee on Foreign Relations of the Senate no 

effective date under section 3(c) for measures with respect t

(b) WRITTEN JUSTIFICATION.–Any notification sub

President under subsection (a) shall include a written 

describing in detail the facts and circumstances relating spe

foreign person identified in a report submitted pursuant to se

support the President's decision not to exercise the authority 

with respect to that person.

(c) SUBMISSION IN CLASSIFIED FORM.–When 

considers it appropriate, the notification of the President un

(a), and the written justification under subsection (b), or app

thereof, may be submitted in classified form.

Sec. 5. Determination Exempting Foreign Person from S

4

(a) IN GENERAL.–Sections 3 and 4 shall not apply to a 

15 days after the President reports to the Committee on 

Relations of the House of Representatives and the Committ

Relations of the Senate that the President has determined, o

information provided by that person, or otherwise obt

President, that–

(1) the person did not, on or after January 1, 199

transfer to or acquire from Iran or Syria, as the case may 

services, or technology the apparent transfer of whic

person to be identified in a report submitted pursuant to 

(2) the goods, services, or technology the transfer of 

that person to be identified in a report submitted pursu

2(a) did not materially contribute to the efforts of Iran o

case may be, to develop nuclear, biological, or chemica

ballistic or cruise missile systems;

(3) the person is subject to the primary jurisdiction of 

that is an adherent to one or more relevant nonprolifer

the person was identified in a report submitted pursuant 

with respect to a transfer of goods, services, or technol

in section 2(a)(1), and such transfer was made consi

guidelines and parameters of all such relevant regimes 

government is an adherent; or

(4) the government with primary jurisdiction over t

imposed meaningful penalties on that person on account 

of the goods, services, or technology which caused tha

identified in a report submitted pursuant to section 2(a).

(b) OPPORTUNITY TO PROVIDE INFORMATIO

urges the President–

(1) in every appropriate case, to contact in a timely 

foreign person identified in each report submitted pursu

2(a), or the government with primary jurisdiction over s

order to afford such person, or governments, the opportun

explanatory, exculpatory, or other additional informatio

to the transfer that caused such person to be identifie

submitted pursuant to section 2(a); and
submitted pursuant to section 2(a), or from the gov

primary jurisdiction over such person, establishes that t

such authority is warranted.

(c) SUBMISSION IN CLASSIFIED FORM.–When 

considers it appropriate, the determination and report of 

under subsection (a), or appropriate parts thereof, may be 

classified form.3

Sec. 6. Restriction on Extraordinary Payments in Conne

International Space Station

(a) RESTRICTION ON EXTRAORDINARY PAY

CONNECTION WITH THE INTERNATIONAL SPACE 

Notwithstanding any other provision of law, no agency 

States Government may make extraordinary payments in co

the International Space Station to the Russian Aviation and S

any organization or entity under the jurisdiction or control 

Aviation and Space Agency, or any other organization, enti

of the Government of the Russian Federation, unless, during 

in which the extraordinary payments in connection with the 

Space Station are to be made, the President has made the 

described in subsection (b), and reported such determi

Committee on International Relations and the Committee 

the House of Representatives and the Committee on Foreign 

the Committee on Commerce, Science, and Transportation 

(b) DETERMINATION REGARDING RUSSIAN CO

IN PREVENTING PROLIFERATION RELATING TO 

SYRIA.–The determination referred to in subsection (a) is a 

by the President that–

(1) it is the policy of the Government of the Russian 

oppose the proliferation to or from Iran and Syria of we

destruction and missile systems capable of delivering su

(2) the Government of the Russian Federation (incl

enforcement, export promotion, export control, and 

agencies of such government) has demonstrated and 

demonstrate a sustained commitment to seek out an

transfer to or from Iran and Syria of goods, services, a

that could make a material contribution to the developm

biological, or chemical weapons, or of ballistic or 

systems; and

(3) neither the Russian Aviation and Space Age

organization or entity under the jurisdiction or control o

Aviation and Space Agency, has, during the 1-year peri

date of the determination pursuant to this subsection, ma

or from Iran or Syria reportable under section 2(a) of t

than transfers with respect to which a determination purs

5 has been or will be made).

(c) PRIOR NOTIFICATION.–Not less than 5 days be

determination under subsection (b), the President sha

Committee on International Relations and the Committee 

the House of Representatives and the Committee on Foreign 

the Committee on Commerce, Science, and Transportation 

of his intention to make such determination.

––––––––

3 Amended by P.L. 109-112, 119 Stat. 2366 (2005).

Russian 

Federation. 

President.

Deadline.
detail the facts and circumstances supporting the Presidents 

(e) SUBMISSION IN CLASSIFIED FORM.–When 

considers it appropriate, a determination of the President un

(b), a prior notification under subsection (c), and a writte

under subsection (d), or appropriate parts thereof, may be 

classified form.

(f ) EXCEPTION FOR CREW SAFETY.–

(1) EXCEPTION.–The National Aeronautics 

Administration may make extraordinary payments 

otherwise be prohibited under this section to the Russian 

Space Agency or any organization or entity under the j

control of the Russian Aviation and Space Agency if the 

notified the Congress in writing that such payments ar

prevent the imminent loss of life by or grievous injury 

aboard the International Space Station.

(2) REPORT.–Not later than 30 days after notifying 

the National Aeronautics and Space Administratio

extraordinary payments under paragraph (1), the Presiden

to Congress a report describing–

(A) the extent to which the provisions of subse

been met as of the date of notification; and

(B) the measures that the National Aeronauti

Administration is taking to ensure that–

(i) the conditions posing a threat of imminent 

or grievous injury to individuals aboard the Intern

Station necessitating the extraordinary paym

repeated; and

(ii) it is no longer necessary to make extraordin

in order to prevent imminent loss of life by or g

to individuals aboard the International Space Stat

(g) SERVICE MODULE EXCEPTION.–

(1) The National Aeronautics and Space Administrat

extraordinary payments that would otherwise be prohib

section to the Russian Aviation and Space Agency, any o

entity under the jurisdiction or control of the Russian 

Space Agency, or any subcontractor thereof for the 

testing, preparation, delivery, launch, or maintenance o

Module, and for the purchase (at a total cost not to exceed 

of the pressure dome for the Interim Control Mo

Androgynous Peripheral Docking Adapter and related ha

United States propulsion module, if–

(A) the President has notified Congress at least 

making such payments;

(B) no report has been made under section 2 with 

activity of the entity to receive such payment, and the 

no credible information of any activity that would r

report; and

(C) the United States will receive goods or servic

the United States commensurate with the value of the 

payments made.

(2) For purposes of this subsection, the term “mainte

activities which cannot be performed by the National Ae

Space Administration and which must be performed in 

Deadline.
alternative means at the time of payment.

(3) This subsection shall cease to be effective 60 days 

States propulsion module is in place at the International 

(h) EXCEPTION.–Notwithstanding subsections (

agency of the United States Government may make 

payments in connection with the International Space Station

payments in connection with the International Space St

foreign person subject to measures applied pursuant to–

(1) section 3 of this Act; or

(2) section 4 of Executive Order No. 12938 (Novem

as amended by Executive Order No. 13094 (July 28, 199

Such payments shall also not be made to any other entity if 

the United States Government anticipates that such paym

passed on to such a foreign person.

(i) REPORT ON CERTAIN PAYMENTS RE

INTERNATIONAL SPACE STATION.—

(1) IN GENERAL.—The President shall, together w

submitted under section 2(a), submit to the Committ

Relations of the Senate and the Committee on 

Relations of the House of Representatives a report 

each Russian entity or person to whom the U

Government has, since the date of the enactmen

Nonproliferation Amendments Act of 2005, made 

cash or in kind for work to be performed or services 

under the Agreement Concerning Cooperation 

International Space Station, with annex, signed a

January 29, 1998, and entered into force March 27, 

protocol, agreement, memorandum of understandin

related thereto.

(2) CONTENT.—Each report submitted under parag

include—

(A) the specific purpose of each payment made 

or person identified in the report; and 

(B) with respect to each such payment, the asse

President that the payment was not preju

achievement of the objectives of the U

Government to prevent the proliferation of bal

missile systems in Iran and other countri

repeatedly provided support for acts of internatio

is determined by the Secretary of State under se

of the Foreign Assistance Act of 1961 (22 U.

section 6(j) of the Export Administration Ac

U.S.C. App. 2405(j)), or section 40(d) of the 

Control Act (22 U.S.C. 2780(d)).

Sec. 7. Definitions

For purposes of this Act, the following terms have 

meanings:

(1) EXTRAORDINARY PAYMENTS IN CONNEC

THE INTERNATIONAL SPACE STATION.–

The term “extraordinary payments in connection with th

Space Station” means payments in cash or in kind made 

by the United States Government–

Termination 

date.

President.
or

(B) for work on the International Space Statio

purchase of goods or services relating to human space fligh

required to be made under the terms of a contract or other a

was in effect on January 1, 1999, as those terms were in e

date, except that such term does not mean payments in ca

made or to be made by the United States Government prior 

2012, for work to be performed or services to be rendered pr

necessary to meet United States obligations under th

Concerning Cooperation on the Civil International Space 

annex, signed at Washington January 29, 1998, and ente

March 27, 2001, or any protocol, agreement, mem

understanding, or contract related thereto.

(2) FOREIGN PERSON; PERSON.–The terms “fo

and “person” mean–

(A) a natural person that is an alien;

(B) a corporation, business association, partner

trust, or any other nongovernmental entity, organiza

that is organized under the laws of a foreign coun

principal place of business in a foreign country;

(C) any foreign government, including any foreign

governmental entity; and

(D) any successor, subunit, or subsidiary of any en

in subparagraph (A), (B), or (C), including any entity 

entity described in any such subparagraph owns 

interest.

(3) EXECUTIVE ORDER NO. 12938. The term “Ex

No. 12938” means Executive Order No. 12938 as in eff

1, 1999.

(4) ADHERENT TO RELEVANT NONPROL

REGIME.–A government is an “adherent” to 

nonproliferation regime” if that government–

(A) is a member of the Nuclear Suppliers Group w

a transfer of goods, services, or technology describ

2(a)(1)(A);

(B) is a member of the Missile Technology Co

with respect to a transfer of goods, services, o

described in section 2(a)(1)(B), or is a party 

international agreement with the United States that w

January 1, 1999, to control the transfer of such good

technology in accordance with the criteria and stand

in the Missile Technology Control Regime;

(C) is a member of the Australia Group with respe

of goods, services, or technology described in sectio

(D) is a party to the Convention on the Proh

Development, Production, Stockpiling and Use 

Weapons and on Their Destruction with respect to 

goods, services, or technology described in section 2

(E) is a member of the Wassenaar Arrangement w

a transfer of goods, services, or technology describ

2(a)(1)(E).
AND SPACE AGENCY.–

(A) The term “organization or entity under the j

control of the Russian Aviation and Space Agenc

organization or entity that–

(i) was made part of the Russian Space Ag

establishment on February 25, 1992;

(ii) was transferred to the Russian Space Age

of the Russian Government on July 25, 1994, or M

(iii) was or is transferred to the Russian Aviat

Agency or Russian Space Agency by decree o

Government at any other time before, on, or after 

enactment of this Act; or

(iv) is a joint stock company in which the Ru

and Space Agency or Russian Space Agency ha

held controlling interest.

(B) Any organization or entity described in sub

shall be deemed to be under the jurisdiction or c

Russian Aviation and Space Agency regardless of w

(i) such organization or entity, after bein

transferred to the Russian Aviation and Spac

Russian Space Agency, is removed from or tran

the Russian Aviation and Space Agency or R

Agency; or

(ii) the Russian Aviation and Space Agenc

Space Agency, after holding a controlling int

organization or entity, divests its controlling inte

––––––––

4 Amended by P.L. 109-112 (119 Stat. 2366) (2005).
Public Law 109–401 120 Stat. 2

December 18, 2006

An Act

To exempt from certain requirements of the Atomic Energy 

a proposed nuclear agreement for cooperation with 

Be it enacted by the Senate and House of Representatives 

States of America in Congress assembled,

Title I—United States and India Nuclear Cooper

Sec. 101. Short Title

This title may be cited as the “Henry J. Hyde Unite

Peaceful Atomic Energy Cooperation Act of 2006”.

Sec. 102. Sense of Congress

It is the sense of Congress that—

(1) preventing the proliferation of nuclear weapons, o

of mass destruction, the means to produce them, and 

deliver them are critical objectives for United States fore

(2) sustaining the Nuclear Non-Proliferation Trea

strengthening its implementation, particularly its ve

compliance, is the keystone of United States nonprolifer

(3) the NPT has been a significant success in p

acquisition of nuclear weapons capabilities and mainta

international security situation;

(4) countries that have never become a party to the NP

outside that treaty's legal regime pose a potential cha

achievement of the overall goals of global nonprolifer

those countries have not undertaken the NPT obligation 

spread of nuclear weapons capabilities;

(5) it is in the interest of the United States to the 

possible to ensure that those countries that are not State

NPT are responsible in the disposition of any nuclear te

develop;

(6) it is in the interest of the United States to enter into 

for nuclear cooperation arranged pursuant to section 123 

Energy Act of 1954 (42 U.S.C. 2153) with a country 

been a State Party to the NPT if--

(A) the country has demonstrated responsible 

respect to the nonproliferation of technology relat

weapons and the means to deliver them;

(B) the country has a functioning and 

democratic system of government, has a foreign 

congruent to that of the United States, and is wor

United States on key foreign policy initiative

nonproliferation;

(C) such cooperation induces the country to p

implement substantially improved protections 

proliferation of technology related to nuclear wea

22 USC 8001.

22 USC 8001.
(D) such cooperation will induce the country 

political and material support to the achievement of 

global and regional nonproliferation objectives, e

respect to dissuading, isolating, and, if necessary, sa

containing states that sponsor terrorism and terrorist g

seeking to acquire a nuclear weapons capability or o

of mass destruction capability and the means to 

weapons;

(7) the United States should continue its policy of 

collaboration, and exchanges with and between India an

(8) strong bilateral relations with India are in the na

of the United States;

(9) the United States and India share common dem

and the potential for increasing and sustained economic 

(10) commerce in civil nuclear energy with India 

States and other countries has the potential to benefit th

countries;

(11) such commerce also represents a significant cha

States policy regarding commerce with countries that 

Party to the NPT, which remains the foundation of the 

nonproliferation regime;

(12) any commerce in civil nuclear energy with India 

States and other countries must be achieved in a manner t

the risk of nuclear proliferation or regional arms races a

India's adherence to international nonproliferation regim

in particular, the guidelines of the Nuclear Suppliers Grou

(13) the United States should not seek to facilitate or 

continuation of nuclear exports to India by any other 

exports are terminated under United States law.

Sec. 103. Statements of Policy

(a) In General.--The following shall be the policies 

States:

(1) Oppose the development of a capability to pr

weapons by any non-nuclear weapon state, within or 

NPT.

(2) Encourage States Party to the NPT to interpre

“develop research, production and use of nuclear energ

purposes”, as set forth in Article IV of the NPT, as bei

applies only to the extent that it is consistent with t

purpose of the NPT to prevent the spread of nuclear 

nuclear weapons capabilities, including by refraining fr

cooperation with any State Party that the International A

Agency (IAEA) determines is not in full compliance 

obligations, including its safeguards obligations.

(3) Act in a manner fully consistent with the Guidelin

Transfers and the Guidelines for Transfers of Nuclear- 

Use Equipment, Materials, Software and Related 

developed by the NSG, and decisions related to the tho

and the rules and practices regarding NSG decision mak

(4) Strengthen the NSG guidelines and decision

consultation by members regarding violations of supplie

understandings by instituting the practice of a timely an

response by NSG members to all such violations, includin

22 USC 8002.
recipient until such time as a consensus regarding 

response has been achieved.

(5) Given the special sensitivity of equipment and 

related to the enrichment of uranium, the reprocessing of 

fuel, and the production of heavy water, work with m

NSG, individually and collectively, to further restrict th

such equipment and technologies, including to India.

(6) Seek to prevent the transfer to a country of nucle

materials, or technology from other participating gover

NSG or from any other source if nuclear transfers to th

suspended or terminated pursuant to this title, the Atom

of 1954 (42 U.S.C. 2011 et seq.), or any other United St

(b) With Respect to South Asia.--The following shall be 

the United States with respect to South Asia:

(1) Achieve, at the earliest possible date, a morat

production of fissile material for nuclear explosive purp

Pakistan, and the People's Republic of China.

(2) Achieve, at the earliest possible date, the co

implementation of a treaty banning the production of f

for nuclear weapons to which both the United States and 

parties.

(3) Secure India's--

(A) full participation in the Proliferation Secu

(B) formal commitment to the Statement o

Principles of such Initiative;

(C) public announcement of its decision to 

export control laws, regulations, and policies with 

Group and with the Guidelines, Procedures, Criteria

Lists of the Wassenaar Arrangement;

(D) demonstration of satisfactory prog

implementing the decision described in subparagraph 

(E) ratification of or accession to the C

Supplementary Compensation for Nuclear Damage, d

on September 12, 1997.

(4) Secure India's full and active participation in 

efforts to dissuade, isolate, and, if necessary, sanction an

for its efforts to acquire weapons of mass destruction

nuclear weapons capability and the capability to enric

reprocess nuclear fuel, and the means to deliver wea

destruction.

(5) Seek to halt the increase of nuclear weapon arse

Asia and to promote their reduction and eventual elimin

(6) Ensure that spent fuel generated in India's ci

power reactors is not transferred to the United States ex

to the Congressional review procedures required under 

of the Atomic Energy Act of 1954 (42 U.S.C. 2160 (f)).

(7) Pending implementation of the multilatera

described in paragraph (1) or the treaty described in p

encourage India not to increase its production of fissi

unsafeguarded nuclear facilities.

(8) Ensure that any safeguards agreement or Addit

to which India is a party with the IAEA can reliably 

export or reexport to India of any nuclear materials and 

India. 

Pakistan. 

People’s 

Republic of 

China.
Energy Act of 1954 (42 U.S.C. 2153) meet the requirem

in subsections a.(1) and a.(3) through a.(9) of such sectio

(10) Any nuclear power reactor fuel reserve pr

Government of India for use in safeguarded civilian nu

should be commensurate with reasonable react

requirements.

Sec. 104. Waiver Authority and Congressional Approva

(a) In general. If the President makes the determination 

subsection (b), the President may--

 (1) exempt a proposed agreement for cooperation with I

pursuant to section 123 of the Atomic Energy Act of 195

2153) from the requirement of subsection a.(2) of such sect

§ 2153(a)(2)];

 (2) waive the application of section 128 of the Atomic E

1954 (42 U.S.C. 2157) with respect to exports to India; and

 (3) waive with respect to India the application of--

 (A) section 129 a.(1)(D) of the Atomic Energy Act of 19

2158(a)(1)(D)); and

 (B) section 129 of such Act (42 U.S.C. 2158) regardin

that occurred before July 18, 2005.

(b) Determination by the President. The determination 

subsection (a) is a determination by the President that the foll

have occurred:

 (1) India has provided the United States and the IAEA w

plan to separate civil and military nuclear facilities, m

programs, and has filed a declaration regarding its civil 

materials with the IAEA.

 (2) India and the IAEA have concluded all legal steps req

signature by the parties of an agreement requiring the applic

safeguards in perpetuity in accordance with IAEA standar

and practices (including IAEA Board of Governors Docume

(1973)) to India's civil nuclear facilities, materials, and 

declared in the plan described in paragraph (1), including m

in or produced through the use of India's civil nuclear facilit

 (3) India and the IAEA are making substantial pro

concluding an Additional Protocol consistent with IAE

practices, and policies that would apply to India's civil nucle

 (4) India is working actively with the United States 

conclusion of a multilateral treaty on the cessation of the 

fissile materials for use in nuclear weapons or other nuc

devices.

 (5) India is working with and supporting United States and 

efforts to prevent the spread of enrichment and reprocessing 

any state that does not already possess full-scale, functionin

or reprocessing plants.

 (6) India is taking the necessary steps to secure nucl

sensitive materials and technology, including through--

 (A) the enactment and effective enforcement of compreh

control legislation and regulations;

 (B) harmonization of its export control laws, regulations

practices with the guidelines and practices of the Missil

Control Regime (MTCR) and the NSG; and

22 USC 8003.
 (7) The NSG has decided by consensus to permit supp

nuclear items covered by the guidelines of the NSG.

(c) Submission to Congress.

 (1) In general. The President shall submit to the 

congressional committees the determination made pursuant 

(b), together with a report detailing the basis for the determi

 (2) Information to be included. To the fullest extent av

United States, the report referred to in paragraph (1) sha

following information:

 (A) A summary of the plan provided by India to the Uni

the IAEA to separate India's civil and military nuclear facilit

and programs, and the declaration made by India to the IAE

India's civil facilities to be placed under IAEA safeguards

analysis of the credibility of such plan and declaration, 

copies of the plan and declaration.

 (B) A summary of the agreement that has been entered 

India and the IAEA requiring the application of safeguards 

with IAEA practices to India's civil nuclear facilities as d

plan described in subparagraph (A), together with a copy of t

and a description of the progress toward its full implementa

 (C) A summary of the progress made toward co

implementation of an Additional Protocol between India a

including a description of the scope of such Additional Prot

 (D) A description of the steps that India is taking to w

United States for the conclusion of a multilateral treaty 

production of fissile material for nuclear weapons, including 

of the steps that the United States has taken and will take 

India to identify and declare a date by which India would be 

production of fissile material for nuclear weapons unilateral

to a multilateral moratorium or treaty.

 (E) A description of the steps India is taking to prevent 

nuclear-related technology, including enrichment and 

technology or materials that can be used to acquire a nuc

capability, as well as the support that India is providing to the 

to further United States objectives to restrict the spread of suc

 (F) A description of the steps that India is taking to se

and technology applicable for the development, ac

manufacture of weapons of mass destruction and the means t

weapons through the application of comprehensive e

legislation and regulations, and through harmonization with 

to MTCR, NSG, Australia Group, and Wassenaar Arrangem

compliance with United Nations Security Council Resolut

participation in the Proliferation Security Initiative.

 (G) A description and assessment of the specific measu

has taken to fully and actively participate in United States an

efforts to dissuade, isolate, and, if necessary, sanction and c

its efforts to acquire weapons of mass destruction, includ

weapons capability and the capability to enrich uranium 

nuclear fuel and the means to deliver weapons of mass destr

 (H) A description of the decision of the NSG relati

cooperation with India, including whether nuclear coope

United States under an agreement for cooperation arrange
 (I) A description of the scope of peaceful cooperation 

the United States and India that will be implemented under 

for nuclear cooperation, including whether such cooperatio

the provision of enrichment and reprocessing technology.

 (J) A description of the steps taken to ensure that pro

States civil nuclear cooperation with India will not in any wa

nuclear weapons program.

(d) Restrictions on nuclear transfers.

 (1) In general. Pursuant to the obligations of the United 

Article I of the NPT, nothing in this title constitutes authori

any civil nuclear cooperation between the United States and 

is not a nuclear-weapon State Party to the NPT that woul

assist, encourage, or induce that country to manufacture 

acquire nuclear weapons or nuclear explosive devices.

 (2) NSG transfer guidelines. Notwithstanding the entry in

agreement for cooperation with India arranged pursuant to 

the Atomic Energy Act of 1954 (42 U.S.C. 2153) and pursua

no item subject to such agreement or subject to the transfer 

the NSG, or to NSG decisions related thereto, may be trans

if such transfer would be inconsistent with the transfer gui

NSG in effect on the date of the transfer.

 (3) Termination of nuclear transfers to India.

 (A) In general. Notwithstanding the entry into force of 

for cooperation with India arranged pursuant to section 123 

Energy Act of 1954 (42 U.S.C. 2153) and pursuant to this ti

as provided under subparagraph (B), exports of nuclear and n

material, equipment, or technology to India shall be termin

any materially significant transfer by an Indian person of--

 (i) nuclear or nuclear-related material, equipment, or te

is not consistent with NSG guidelines or decisions, or

 (ii) ballistic missiles or missile-related equipment or te

is not consistent with MTCR guidelines,

 unless the President determines that cessation of such 

be seriously prejudicial to the achievement of U

nonproliferation objectives or otherwise jeopardize the com

and security.

 (B) Exception. The President may choose not to termin

nuclear and nuclear-related material, equipment, and techn

under subparagraph (A) if--

 (i) the transfer covered under such subparagraph was 

the knowledge of the Government of India;

 (ii) at the time of the transfer, either the Government o

own, control, or direct the Indian person that made the t

Indian person that made the transfer is a natural person who 

the knowledge of any entity described in subparagraph 

section 110(5) [22 USCS § 8008(5)]; and

 (iii) the President certifies to the appropriate 

committees that the Government of India has taken or is taki

judicial or other enforcement actions against the Indian perso

to such transfer.

 (4) Exports, reexports, transfers, and retransfers to In

enrichment, reprocessing, and heavy water production.

 (A) In general.
any equipment, components, or materials related to the 

uranium, the reprocessing of spent nuclear fuel, or the produ

water if the requirements of subparagraph (B) are met.

 (ii) Secretary of Energy. The Secretary of Energy m

authorizations for the transfer or retransfer to India of an

materials, or technology related to the enrichment of 

reprocessing of spent nuclear fuel, or the production of 

(including under the terms of a subsequent arrangement und

of the Atomic Energy Act of 1954 (42 U.S.C. 2160)) if the 

of subparagraph (B) are met.

 (B) Requirements for approvals. Exports, reexports, 

retransfers referred to in subparagraph (A) may only be app

 (i) the end user--

 (I) is a multinational facility participating in an IA

program to provide alternatives to national fuel cycle capab

 (II) is a facility participating in, and the export, reex

or retransfer is associated with, a bilateral or multination

develop a proliferation-resistant fuel cycle;

 (ii) appropriate measures are in place at any facility 

clause (i) to ensure that no sensitive nuclear technology, 

section 4(5) of the Nuclear Nonproliferation Act of 197

3203(5)), will be diverted to any person, site, facility, locatio

not under IAEA safeguards; and

 (iii) the President determines that the export, reexpo

retransfer will not assist in the manufacture or acquisiti

explosive devices or the production of fissile material 

purposes.

 (5) Nuclear export accountability program.

 (A) In general. The President shall ensure that all approp

are taken to maintain accountability with respect to nucl

equipment, and technology sold, leased, exported, or reexp

so as to ensure--

 (i) full implementation of the protections required und

a.(1) of the Atomic Energy Act of 1954 (42 U.S.C. 2153 (a)

 (ii) United States compliance with Article I of the NPT

 (B) Measures. The measures taken pursuant to subparag

include the following:

 (i) Obtaining and implementing assurances and condi

to the export licensing authorities of the Nuclear Regulatory 

and the Department of Commerce and the authorizing aut

Department of Energy, including, as appropriate, conditi

end-use monitoring.

 (ii) A detailed system of reporting and accounting f

transfers, including any retransfers in India, authorized by th

of Energy pursuant to section 57 b. of the Atomic Energy A

U.S.C. 2077(b)). Such system shall be capable of providi

that--

 (I) the identified recipients of the nuclear technology 

to receive the nuclear technology;

 (II) the nuclear technology identified for transfer wil

for peaceful safeguarded nuclear activities and will not be 

military or nuclear explosive purpose; and
equipment, or materials derived through the use of transferr

will not be transferred without the prior consent of the Unite

 (iii) In the event the IAEA is unable to implement 

required by an agreement for cooperation arranged pursuant 

of the Atomic Energy Act of 1954 (42 U.S.C. 2153), appropr

that arrangements will be put in place expeditiously that are c

the requirements of section 123 a.(1) of such Act (42 U.S.C

regarding the maintenance of safeguards as set forth in t

regardless of whether the agreement is terminated or susp

reason.

 (C) Implementation. The measures described in subparag

be implemented to provide reasonable assurances that th

complying with the relevant requirements, terms, and con

licenses issued by the United States regarding such expo

those relating to the use, retransfer, safe handling, secur

storage of such exports.

(e) [Omitted]

(f) Sunset. The authority provided under subsection (a)(1) 

agreement shall terminate upon the date of the enactment 

States-India Nuclear Cooperation Approval and No

Enhancement Act [enacted Oct. 8, 2008].

(g) Reporting to Congress.

 (1) Information on nuclear activities of India. The Presid

the appropriate congressional committees fully and currentl

the facts and implications of any significant nuclear activ

including--

 (A) any material noncompliance on the part of the Gover

with--

 (i) the nonproliferation commitments undertaken 

Statement of July 18, 2005, between the President of the Un

the Prime Minister of India;

 (ii) the separation plan presented in the national parlia

on March 7, 2006, and in greater detail on May 11, 2006;

 (iii) a safeguards agreement between the Governmen

the IAEA;

 (iv) an Additional Protocol between the Government o

IAEA;

 (v) an agreement for cooperation between the Govern

and the United States Government arranged pursuant to sect

Atomic Energy Act of 1954 (42 U.S.C. 2153) or an

arrangement under section 131 of such Act (42 U.S.C. 2160

 (vi) the terms and conditions of any approved licenses 

export or reexport of nuclear material or dual-use material, 

technology; and

 (vii) United States laws and regulations regarding such 

 (B) any material inconsistencies between the content or 

notifications by the Government of India pursuant to parag

the Safeguards Agreement and the facilities and schedule 

paragraph (14) of the separation plan presented in the natio

of India on May 11, 2006, taking into account the late

safeguards than was anticipated in the separation plan;

 (C) the construction of a nuclear facility in India after t

enactment of this title [enacted Dec. 18, 2006];
 (E) changes in the purpose or operational status of any u

nuclear fuel cycle activities in India.

 (2) Implementation and compliance report. Not later than 

the date on which an agreement for cooperation with I

pursuant to section 123 of the Atomic Energy Act of 195

2153) enters into force, and annually thereafter, the Presiden

to the appropriate congressional committees a report includ

 (A) a description of any additional nuclear facilities 

materials that the Government of India has placed or intends 

IAEA safeguards;

 (B) a comprehensive listing of--

 (i) all licenses that have been approved by the Nucle

Commission and the Secretary of Energy for exports and ree

under parts 110 and 810 of title 10, Code of Federal Regula

 (ii) any licenses approved by the Department of Com

export or reexport to India of commodities, related tec

software which are controlled for nuclear nonproliferation r

Nuclear Referral List of the Commerce Control List maintai

774 of title 15, Code of Federal Regulation, or any successo

 (iii) any other United States authorizations for the exp

to India of nuclear materials and equipment; and

 (iv) with respect to each such license or other form of 

described in clauses (i), (ii), and (iii)--

 (I) the number or other identifying information of e

authorization;

 (II) the name or names of the authorized end user or 

 (III) the name of the site, facility, or location in Indi

export or reexport was made;

 (IV) the terms and conditions included on such 

authorizations;

 (V) any post-shipment verification procedures that w

to such exports or reexports; and

 (VI) the term of validity of each such license or auth

 (C) a description of any significant nuclear commerce 

and other countries, including any such trade that--

 (i) is not consistent with applicable guidelines or de

NSG; or

 (ii) would not meet the standards applied to exports o

such material, equipment, or technology of United States or

 (D) either--

 (i) an assessment that India is in full complian

commitments and obligations contained in the agreeme

documents referenced in clauses (i) through (vi) of paragrap

 (ii) an identification and analysis of all compliance 

with regard to the adherence by India to its commitments an

including--

 (I) the measures the United States Government has ta

or otherwise respond to such compliance issues;

 (II) the responses of the Government of India to such 

 (III) the measures the United States Government pl

this end in the coming year; and
in the national security interest of the United States;

 (E) (i) an assessment of whether India is fully and activel

in United States and international efforts to dissuade, is

necessary, sanction and contain Iran for its efforts to acqui

mass destruction, including a nuclear weapons capability 

capability to enrich uranium or reprocess nuclear fuel), and 

deliver weapons of mass destruction, including a description 

measures that India has taken in this regard; and

 (ii) if India is not assessed to be fully and actively p

such efforts, a description of--

 (I) the measures the United States Government has t

India's full and active participation in such efforts;

 (II) the responses of the Government of India to su

and

 (III) the measures the United States Government pl

the coming year to secure India's full and active participatio

 (F) an analysis of whether United States civil nuclear co

India is in any way assisting India's nuclear weapons progr

through--

 (i) the use of any United States equipment, technolo

material by India in an unsafeguarded nuclear facility or nu

related complex;

 (ii) the replication and subsequent use of any U

technology by India in an unsafeguarded nuclear facility or u

nuclear weapons-related complex, or for any activity r

research, development, testing, or manufacture of nucl

devices; and

 (iii) the provision of nuclear fuel in such a manner as t

increased production by India of highly enriched uranium o

unsafeguarded nuclear facilities;

 (G) a detailed description of--

 (i) United States efforts to promote national or region

India and Pakistan in disclosing, securing, limiting, and 

fissile material stockpiles, including stockpiles for milit

pending creation of a worldwide fissile material cut-off reg

the institution of a Fissile Material Cut-off Treaty;

 (ii) the responses of India and Pakistan to such efforts

 (iii) assistance that the United States is providing, or 

to provide, to India and Pakistan to promote the objectives 

consistent with its obligations under international law 

agreements;

 (H) an estimate of--

 (i) the amount of uranium mined and milled in Ind

previous year;

 (ii) the amount of such uranium that has likely been use

for the production of nuclear explosive devices; and

 (iii) the rate of production in India of--

 (I) fissile material for nuclear explosive devices; and

 (II) nuclear explosive devices;

 (I) an estimate of the amount of electricity India's nu

produced for civil purposes during the previous year and the 

such production that can be attributed to India's declared civ
 (K) a detailed description of efforts and progress ma

achievement of India's--

 (i) full participation in the Proliferation Security Initia

 (ii) formal commitment to the Statement of Interdiction 

such Initiative;

 (iii) public announcement of its decision to confo

control laws, regulations, and policies with the Australia G

the Guidelines, Procedures, Criteria, and Controls List of t

Arrangement; and

 (iv) effective implementation of the decision described 

 (L) the disposal during the previous year of spent nuc

India's civilian nuclear program, and any plans or activit

future disposal of such spent nuclear fuel; and

 (M) with respect to the United States-India Agreement fo

on Peaceful Uses of Nuclear Energy (hereinafter in this 

referred to as the “Agreement”) approved under section 

United States-India Nuclear Cooperation Approval and No

Enhancement Act [22 USCS § 8001 note]--

 (i) a listing of--

 (I) all provision of sensitive nuclear technology to In

such information as may be so designated by the United S

under Article 1(Q); and

 (II) all facilities in India notified pursuant to Artic

Agreement;

 (ii) a description of--

 (I) any agreed safeguards or any other form of verif

product material decided by mutual agreement pursuant to 

Article 1(A) of the Agreement;

 (II) research and development undertaken in such ar

agreed between the United States and India as detailed in A

of the Agreement;

 (III) the civil nuclear cooperation activities und

Article 2(2)(d.) of the Agreement;

 (IV) any United States efforts to help India devel

reserve of nuclear fuel as called for in Article 2(2)(e.) of the 

 (V) any United States efforts to fulfill political comm

in Article 5(6) of the Agreement;

 (VI) any negotiations that have occurred or are o

Article 6(iii.) of the Agreement; and

 (VII) any transfers beyond the territorial jurisdic

pursuant to Article 7(2) of the Agreement, including a 

receiving country of each such transfer;

 (iii) an analysis of--

 (I) any instances in which the United States or In

consultations arising from concerns over compliance with 

of Article 7(1) of the Agreement, and the results of such con

 (II) any matters not otherwise identified in this rep

become the subject of consultations pursuant to Article 

Agreement, and a statement as to whether such matters we

the end of the reporting period; and

 (iv) a statement as to whether--

 (I) any consultations are expected to occur under A

the Agreement; and
 (3) Submittal with other annual reports.

 (A) Report on proliferation prevention. Each annual rep

under paragraph (2) after the initial report may be submitted 

the annual report on proliferation prevention required under 

of the Nuclear Non-Proliferation Act of 1978 (22 U.S.C. 32

 (B) Report on progress toward regional nonproli

information required to be submitted under paragraph (2

initial report may be submitted together with the annual repo

toward regional nonproliferation required under section 6

Foreign Assistance Act of 1961 (22 U.S.C. 2376(c)).

 (4) Form. Each report submitted under this su

be submitted in unclassified form, but may conta

annex.1

Sec. 105. United States Compliance with Its Nuclear 

Nonproliferation Treaty Obligations

Nothing in this title constitutes authority for a

violation of an obligation of the United States under the NP

Sec. 106. Inoperability of Determination and Waivers

A determination and any waiver under section 104 

be effective if the President determines that India has deton

explosive device after the date of the enactment of this title.

Sec. 107. MTCR Adherent Status

Congress finds that India is not an MTCR adh

purposes of section 73 of the Arms Export Control Act (22 U

Sec. 108. Technical Amendment

Section 1112(c)(4) of the Arms Control and Nonpro

of 1999 (title XI of the Admiral James W. Nance and M

Foreign Relations Authorization Act, Fiscal Years 2000 

enacted into law by section 1000(a)(7) of Public Law 

contained in appendix G of that Act; 113 Stat. 

1501A-486)) is amended--

(1) in subparagraph (B), by striking “and” after the se

end;

(2) by redesignating subparagraph (C) as subparagra

(3) by inserting after subparagraph (B) the fo

subparagraph:

“(C) so much of the reports required under section 10

J. Hyde United States-India Peaceful Atomic Energy Co

of 2006 as relates to verification or compliance matters; 

Sec. 109. United States-India Scientific Cooperative Nuc

Nonproliferation Program

(a) Establishment.--The Secretary of Energy, actin

Administrator of the National Nuclear Security Adm

authorized to establish a cooperative nuclear nonproliferati

pursue jointly with scientists from the United States and In

to further common nuclear nonproliferation goals, includ

research and development efforts, with an emphasis on nucl

(in this section referred to as “the program”).

(b) Consultation.--The program shall be ca

consultation with the Secretary of State and the Secretary of 

(c) National Academies Recommendations.--

––––––––

1 Amended by P.L. 110-369, Title I, §§ 101(c), 105, 122 Stat. 4029, 40

22 USC 8004.

22 USC 8005.

President. 

22 USC 8006.

22 USC 2652c.

22 USC 8007.
for the implementation of the program.

(2) Recommendations.--The agreement entered 

paragraph (1) shall provide for the preparation by qualifi

with relevant expertise and knowledge and the commun

Secretary of Energy each fiscal year of--

(A) recommendations for research and rela

designed to overcome existing technological barri

nonproliferation; and

(B) an assessment of whether activities a

funded under this section are achieving the goals of 

and programs.

(3) Public availability.--The recommendations and 

prepared under this subsection shall be made publicly av

(d) Consistency With Nuclear Non-Proliferation 

United States activities related to the program shall be c

United States obligations under the Nuclear Non-Proliferati

(e) Authorization of Appropriations.--There are au

appropriated such sums as may be necessary to carry out th

each of fiscal years 2007 through 2011.

Sec. 110. Definitions

In this title:

(1) The term “Additional Protocol” means a protoco

a safeguards agreement with the IAEA, as negotiat

country and the IAEA based on a Model Additional P

forth in IAEA information circular 

(INFCIRC) 540.

(2) The term “appropriate congressional committee

Committee on Foreign Relations of the Senate and the 

International Relations of the House of Representatives.

(3) The term “dual-use material, equipment, or techn

material, equipment, or technology that may be used 

nonnuclear applications.

(4) The term “IAEA safeguards” has the meaning giv

section 830(3) of the Nuclear Proliferation Prevention A

U.S.C. 6305(3)).

(5) The term “Indian person” means--

(A) a natural person that is a citizen of India o

the jurisdiction of the Government of India;

(B) a corporation, business association, partne

trust, or any other nongovernmental entity, organiza

that is organized under the laws of India or has its p

of business in India; and

(C) any Indian governmental entity, in

governmental entity operating as a business enterpris

(6) The terms “Missile Technology Control Regime”

“MTCR”, and “MTCR adherent” have the meani

terms in section 74 of the Arms Export Control Act (22 U

(7) The term “nuclear materials and equipment” 

material, special nuclear material, production and utiliz

and any components thereof, and any other items or ma

determined to have significance for nuclear explos

pursuant to subsection 109 b. of the Atomic Energy Ac

U.S.C. 2139(b)).

22 USC 8008.
Washington, London, and Moscow July 1, 1968, and ent

March 5, 1970 (21 UST 483).

(9) The terms “Nuclear Suppliers Group” and “NS

group, which met initially in 1975 and has met at least 

1992, of Participating Governments that have promulgat

to adhere to Guidelines for Nuclear Transfers (cu

INFCIRC/254/Rev.8/Part 1) and Guidelines for Transfe

Related Dual-Use Equipment, Materials, Software, 

Technology (currently IAEA INFCIRC/254/Rev.7/Part 

(10) The terms “nuclear weapon” and “nuclear exp

mean any device designed to produce an instantaneous 

amount of nuclear energy from special nuclear material 

than the amount of energy that would be released from 

of one pound of trinitrotoluene (TNT).

(11) The term “process” includes the term “reproces

(12) The terms “reprocessing” and “reprocess” 

separation of irradiated nuclear materials and fission p

spent nuclear fuel.

(13) The term “sensitive nuclear technology” 

information, including information incorporated in a 

utilization facility or important component part thereo

available to the public and which is important to 

construction, fabrication, operation, or maintenance 

enrichment or nuclear fuel reprocessing facility or a f

production of heavy water.

(14) The term “source material” has the meaning giv

section 11 z. of the Atomic Energy Act of 1954 (42 U.S

(15) The term “special nuclear material” has the mea

term in section 11 aa. of the Atomic Energy Act of 19

2014(aa)).

(16) The term “unsafeguarded nuclear fuel-cycle ac

research on, or development, design, manufacture, 

operation, or maintenance of--

(A) any existing or future reactor, cri

conversion plant, fabrication plant, reprocessing plan

separation of isotopes of source or special fissionab

separate storage installation with respect to whic

obligation to accept IAEA safeguards at the rel

facility, plant, or installation that contains sour

fissionable material; or

(B) any existing or future heavy water produc

respect to which there is no obligation to accept IAE

on any nuclear material produced by or used in conne

heavy water produced therefrom.
Public Law 110–369 122 Stat. 4

October 8, 2008

An Act

To approve the United States-India Agreement for Co

Peaceful Uses of Nuclear Energy, and for other purpose

Be it enacted by the Senate and House of Representative

States of America in Congress assembled,

Sec. 1. Short Title and Table of Contents

(a) SHORT TITLE.--This Act may be cited as the “

India Nuclear Cooperation Approval and Nonproliferation 

Act”.

(b) TABLE OF CONTENTS.--The table of conten

is as follows:

Sec. 1. Short title and table of contents.

Sec. 2. Definitions.

Title I—Approval of United States-India Agreement for 

on Peaceful Uses of Nuclear Energy

Sec. 101. Approval of Agreement.

Sec. 102. Declarations of policy; certification requirem

construction.

Sec. 103. Additional Protocol between India and the IAEA.

Sec. 104. Implementation of Safeguards Agreement between 

IAEA.

Sec. 105. Modified reporting to Congress.

Title II—Strengthening United States Nonproliferation 

to Peaceful Nuclear Cooperation

Sec. 201. Procedures regarding a subsequent arrangement on 

Sec. 202. Initiatives and negotiations relating to agreement

nuclear cooperation.

Sec. 203. Actions required for resumption of peaceful nuclea

Sec. 204. United States Government policy at the Nuclear Su

to strengthen the international nuclear nonproliferation regim

Sec. 205. Conforming amendments.

Sec. 2. Definitions

In this Act:

(1) AGREEMENT.--The term “United States-Ind

for Cooperation on Peaceful Uses of Nuclear Energy” or 

means the Agreement for Cooperation Between the Gov

United States of America and the Government of Ind

Peaceful Uses of Nuclear Energy that was transmitted t

the President on September 10, 2008.

(2) APPROPRIATE CONGRESSIONAL COM

The term “appropriate congressional committees” 

22 USC 8001.

note.
Title I—Approval of United States-India Agreement for 

on Peaceful Uses of Nuclear Energy

Sec. 101. Approval of Agreement

(a) IN GENERAL.--Notwithstanding the pr

congressional consideration and approval of a proposed 

cooperation in section 123 b. and d. of the Atomic Energy A

U.S.C. 2153 (b) and (d)), Congress hereby approves the U

India Agreement for Cooperation on Peaceful Uses of Nu

subject to subsection (b).

(b) APPLICABILITY OF ATOMIC ENERGY A

HYDE ACT, AND OTHER PROVISIONS OF LAW.--T

shall be subject to the provisions of the Atomic Energy Ac

U.S.C. 2011 et seq.), the Henry J. Hyde United States-I

Atomic Energy Cooperation Act of 2006 (22 U.S.C. 8001 

Law 109-401), and any other applicable United States 

Agreement had been approved pursuant to the provisions for 

consideration and approval of a proposed agreement for c

section 123 b. and d. of the Atomic Energy Act of 1954.

(c) SUNSET OF EXEMPTION AUTHORITY UN

ACT.--Section 104(f) of the Henry J. Hyde United States-I

Atomic Energy Cooperation Act of 2006 (22 U.S.C. 8003(f

by striking “the enactment of” and all that follows through 

and inserting “the date of the enactment of the United States

Cooperation Approval and Nonproliferation Enhancement A

Sec. 102. Declarations of Policy; Certification Requirem

Construction

(a) DECLARATIONS OF POLICY RELATING T

AND LEGAL EFFECT OF AGREEMENT.--Congress dec

the understanding of the United States that the provisions 

States-India Agreement for Cooperation on Peaceful Us

Energy have the meanings conveyed in the authoritative r

provided by the President and his representatives to the Co

committees prior to September 20, 2008, regarding the mea

effect of the Agreement.

(b) DECLARATIONS OF POLICY REL

TRANSFER OF NUCLEAR EQUIPMENT, MATER

TECHNOLOGY TO INDIA.--Congress makes the followin

of policy:

(1) Pursuant to section 103(a)(6) of the Henry J

States-India Peaceful Atomic Energy Cooperation Ac

U.S.C. 8002(a)(6)), in the event that nuclear transfer

suspended or terminated pursuant to title I of such Act (2

et seq.), the Atomic Energy Act of 1954 (42 U.S.C. 20

any other United States law, it is the policy of the United 

to prevent the transfer to India of nuclear equipment, 

technology from other participating governments in 

Suppliers Group (NSG) or from any other source.

(2) Pursuant to section 103(b)(10) of the Henry J

States-India Peaceful Atomic Energy Cooperation Ac

U.S.C. 8002(b)(10)), any nuclear power reactor fuel res

to the Government of India for use in safeguarded ci
(c) CERTIFICATION REQUIREMENT.--Before 

diplomatic notes pursuant to Article 16(1) of the Agreement

shall certify to Congress that entry into force and impleme

Agreement pursuant to its terms is consistent with the obl

United States under the Treaty on the Non-Proliferatio

Weapons, done at Washington, London, and Moscow July 

entered into force March 5, 1970 (commonly known as the “

Proliferation Treaty”), not in any way to assist, encourage, o

to manufacture or otherwise acquire nuclear weapons or 

explosive devices.

(d) RULE OF CONSTRUCTION.--Nothing in the Agre

construed to supersede the legal requirements of the Henry J

States-India Peaceful Atomic Energy Cooperation Act o

Atomic Energy Act of 1954.

Sec. 103. Additional Protocol Between India and the IAE

Congress urges the Government of India to sign an

Additional Protocol with the International Atomic En

(IAEA), consistent with IAEA principles, practices, and p

earliest possible date.

Sec. 104. Implementation of Safeguards Agreement Betw

and the IAEA

Licenses may be issued by the Nuclear Regulatory 

for transfers pursuant to the Agreement only after the Preside

and certifies to Congress that--

(1) the Agreement Between the Government of 

International Atomic Energy Agency for the Application 

to Civilian Nuclear Facilities, as approved by the Board 

of the International Atomic Energy Agency on Augus

“Safeguards Agreement”), has entered into force; and

(2) the Government of India has filed a declaratio

pursuant to paragraph 13 of the Safeguards Agreeme

materially inconsistent with the facilities and schedule 

paragraph 14 of the separation plan presented in 

parliament of India on May 11, 2006, taking into acc

initiation of safeguards than was anticipated in the separ

Sec. 105. Modified Reporting to Congress

(a) INFORMATION ON NUCLEAR ACTIVITIE

-Subsection (g)(1) of section 104 of the Henry J. Hyde Unite

Peaceful Atomic Energy Cooperation Act of 2006 (22 U

amended--

(1) by redesignating subparagraphs (B), (C)

subparagraphs (C), (D), and (E), respectively; and

(2) by inserting after subparagraph (A) the f

subparagraph:

“(B) any material inconsistencies between 

timeliness of notifications by the Government of 

to paragraph 14(a) of the Safeguards Agreem

facilities and schedule described in paragraph 

separation plan presented in the national parliam

May 11, 2006, taking into account the later 

safeguards than was anticipated in the separation 

(b) IMPLEMENTATION AND COMPLIANCE 

Subsection (g)(2) of such section is amended--

President.

President.

Certification.
inserting ; and; and

(3) by adding at the end the following new subpa

“(M) with respect to the United States-Ind

for Cooperation on Peaceful Uses of Nu

(hereinafter in this subparagraph referred to as th

approved under section 101(a) of the United 

Nuclear Cooperation Approval and No

Enhancement Act--

“(i) a listing of--

“(I) all provision of sensitive nucle

to India, and other such information 

designated by the United States or 

Article 1(Q); and

“(II) all facilities in India notifie

Article 7(1) of the Agreement;

“(ii) a description of--

“(I) any agreed safeguards or any 

verification for by-product materia

mutual agreement pursuant to the ter

1(A) of the Agreement;

“(II) research and development 

such areas as may be agreed betwe

States and India as detailed in Article 

Agreement;

“(III) the civil nuclear coopera

undertaken under Article 2(2)(d.) of th

“(IV) any United States efforts 

develop a strategic reserve of nuclear 

for in Article 2(2)(e.) of the Agreemen

“(V) any United States efforts to f

commitments made in Article 5(6) of th

“(VI) any negotiations that have o

ongoing under Article 6(iii.) of the Ag

“(VII) any transfers beyond 

jurisdiction of India pursuant to Artic

Agreement, including a listing of 

country of each such transfer;

“(iii) an analysis of--

“(I) any instances in which the Un

India requested consultations arising f

over compliance with the provisions o

of the Agreement, and the resu

consultations; and

“(II) any matters not otherwise id

report that have become the subject of 

pursuant to Article 13(2) of the Agre

statement as to whether such matters 

by the end of the reporting period; and

“(iv) a statement as to whether--

“(I) any consultations are expe

under Article 16(5) of the Agreement; 

“(II) any enrichment is being 

pursuant to Article 6 of the Agreemen
to Peaceful Nuclear Cooperation

Sec. 201. Procedures Regarding a Subsequent Arrangem

Reprocessing

(a) IN GENERAL.--Notwithstanding section 131 

Energy Act of 1954 (42 U.S.C. 2160), no propose

arrangement concerning arrangements and procedur

reprocessing or other alteration in form or content, as pr

Article 6 of the Agreement, shall take effect until the 

specified in subsection (b) are met.

(b) REQUIREMENTS.--The requirements re

subsection (a) are the following:

(1) The President transmits to the appropriate 

committees a report containing--

(A) the reasons for entering into su

subsequent arrangement;

(B) a detailed description, including the 

proposed subsequent arrangement; and

(C) a certification that the United State

efforts to ensure that any other nation that pe

reprocess or otherwise alter in form or content nu

that the nation has transferred to India or nuclea

by-product material used in or produced throu

nuclear material, non-nuclear material, or equipm

transferred to India requires India to do so 

arrangements and procedures.

(2) A period of 30 days of continuous session (

section 130 g. (2) of the Atomic Energy Act of 1954 (4

(g)(2)) has elapsed after transmittal of the report re

paragraph (1).

(c) RESOLUTION OF DISAPPROVAL.--Notwit

requirements in subsection (b) having been met, a subsequen

referred to in subsection (a) shall not become effective if d

specified in subsection (b)(2), Congress adopts, and there 

joint resolution stating in substance that Congress does n

subsequent arrangement. Any such resolution shall be consid

to the procedures set forth in section 130 i. of the Atomic 

1954 (42 U.S.C. 2159 (i)), as amended by section 205 of thi

Sec. 202. Initiatives and Negotiations Relating to Ag

Peaceful Nuclear Cooperation

Section 123 of the Atomic Energy Act of 1954 (42 

is amended by adding at the end the following:

“e. The President shall keep the Committ

Affairs of the House of Representatives and the 

Foreign Relations of the Senate fully and current

any initiative or negotiations relating to a new 

agreement for peaceful nuclear cooperation pu

section (except an agreement arranged pursuant 

c., 144 b., 144 c., or 144 d., or an amendment the

President.

Reports.

Time period.

President.
Section 129 a. of the Atomic Energy Act of 1954 (4

(a)) is amended by striking “Congress adopts a concurrent r

inserting “Congress adopts, and there is enacted, a joint reso

Sec. 204. United States Government Policy at the Nuclea

Group to Strengthen the International Nuclear Nonprol

Regime

(a) CERTIFICATION.--Before exchanging dip

pursuant to Article 16(1) of the Agreement, the President s

the appropriate congressional committees that it is the policy 

States to work with members of the Nuclear Suppliers G

individually and collectively, to agree to further restrict th

equipment and technology related to the enrichment of 

reprocessing of spent nuclear fuel.

(b) PEACEFUL USE ASSURANCES FOR CE

PRODUCT MATERIAL.--The President shall seek to ac

earliest possible date, either within the NSG or with r

Participating Governments, the adoption of principles, r

exchanges of information as may be appropriate to assure pe

accounting of by-product material in a manner that is 

equivalent to the relevant provisions of the Agreement.

(c) REPORT.--

(1) IN GENERAL.--Not later than six months af

the enactment of this Act, and every six months t

President shall transmit to the appropriate congressional 

report on efforts by the United States pursuant to subse

(b).

(2) TERMINATION.--The requirement to trans

under paragraph (1) terminates on the date on which 

transmits a report pursuant to such paragraph stating that 

in subsections (a) and (b) have been achieved.

Sec. 205. Conforming Amendments

Section 130 i. of the Atomic Energy Act of 1954 (4

(i)) is amended--

(1) in paragraph (1), by striking “means a joint re

all that follows through “, with the date” and inserting 

“means--

“(A) for an agreement for cooperation purs

123 of this Act, a joint resolution, the matter afte

clause of which is as follows: 'That the Congress 

not) favor the proposed agreement for cooperati

to the Congress by the President on_____ .',

“(B) for a determination under section 129 

joint resolution, the matter after the resolving cl

is as follows: 'That the Congress does n

determination transmitted to the Congress by 

on_____ .', or

“(C) for a subsequent arrangement under 

the United States-India Nuclear Cooperation 

Nonproliferation Enhancement Act, a joint r

matter after the resolving clause of which is as 

the Congress does not favor the subsequent arran

Agreement for Cooperation Between the Gove

United States of America and the Governm

President.
2008., with the date; and

(2) in paragraph (4)--

(A) by inserting after “45 days after its intr

following “(or in the case of a joint resolution related to 

arrangement under section 201 of the United States-

Cooperation Approval and Nonproliferation Enhance

days after its introduction)”; and

(B) by inserting after “45-day period” the followi

case of a joint resolution related to a subsequent arran

section 201 of the United States-India Nuclear Coopera

and Nonproliferation Enhancement Act, 15-day period)”

2. Selected Treaties, Agreem

and Implementing Legislat
2
Legislation

Contents

A. NUCLEAR NONPROLIFERATION TREATY..................

Article I ..........................................................................

Article II.........................................................................

Article III .......................................................................

Article IV........................................................................

Article V .........................................................................

Article VI........................................................................

Article VII......................................................................

Article VIII ....................................................................

Article IX........................................................................

Article X .........................................................................

Article XI........................................................................

A. Table: Signatures, Ratifications, Accessions and Successions 

in respect of the Treaty ....................................................

B. THE CONVENTION ON THE PHYSICAL PROTECTIO

NUCLEAR MATERIAL ........................................................

Article 1 ..........................................................................

Article 2 ..........................................................................

Article 3 ..........................................................................

Article 4 ..........................................................................

Article 5 ..........................................................................

Article 6 ..........................................................................

Article 7 ..........................................................................

Article 8 ..........................................................................

Article 9 ..........................................................................

Article 10 ........................................................................

Article 11 ........................................................................

Article 12 ........................................................................

Article 13 ........................................................................

Article 14 ........................................................................

Article 15 ........................................................................

Article 16 ........................................................................

Article 17 ........................................................................

Article 18 ........................................................................

Article 19 ........................................................................

Article 20 ........................................................................

Article 21 ........................................................................

Article 22 ........................................................................

Article 23 ........................................................................

Annex I...........................................................................

Annex II..........................................................................
C. CONVENTION ON THE PHYSICAL PROTECTION OF 

NUCLEAR MATERIAL IMPLEMENTATION ACT OF 

1982...........................................................................................

Sec. 1. Short Title...................................................

Sec. 2. Implementation of Convention and 

Prohibition of Related Offenses................

D. CONVENTION ON EARLY NOTIFICATION OF A 

NUCLEAR ACCIDENT.........................................................

Article 1–Scope of Application.....................................

Article 2–Notification and Information.......................

Article 3–Other Nuclear Accidents..............................

Article 4–Functions of the Agency ...............................

Article 5–Information to be Provided..........................

Article 6–Consultations.................................................

Article 7–Competent Authorities and Points of 

Contact...........................................................

Article 8–Assistance to State Parties............................

Article 9–Bilateral and Multilateral Arrangements...

Article 10–Relationship to Other International 

Agreements..................................................

Article 11–Settlement of Disputes................................

Article 12–Entry into Force..........................................

Article 13–Provisional Application..............................

Article 14–Amendments................................................

Article 15–Denunciation ...............................................

Article 16–Depositary....................................................

Article 17–Authentic Texts and Certified Copies.......

D. Table: Convention on Early Notification of a Nuclear 

Accident.............................................................................

E. CONVENTION ON NUCLEAR SAFETY...........................

Preamble ........................................................................

Chapter 1 Objectives, Definitions, and Scope of Application......

Article 1–Objectives......................................................

Article 2–Definitions......................................................

Article 3–Scope of Application.....................................

Chapter 2 Obligations.....................................................................

Article 4–Implementing Measures...............................

Article 5–Reporting.......................................................

Article 6–Existing Nuclear Installations......................

Article 7–Legislative And Regulatory Framework ....

Article 8–Regulatory Body ...........................................

Article 9–Responsibility of the License Holder...........

Article 10–Priority to Safety.........................................

Article 11–Financial and Human Resources...............

Article 12–Human Factors ...........................................

Article 13–Quality Assurance.......................................
Article 16–Emergency Preparedness...........................

Article 17–Siting ............................................................

Article 18–Design and Construction............................

Article 19–Operation.....................................................

Chapter 3 Meetings of the Contracting Parties............................

Article 20–Review Meetings.........................................

Article 21–Timetable.....................................................

Article 22–Procedural Arrangements..........................

Article 23–Extraordinary Meetings.............................

Article 24–Attendance...................................................

Article 25–Summary Reports.......................................

Article 26–Languages....................................................

Article 27–Confidentiality ............................................

Article 28–Secretariat ...................................................

Chapter 4 Final Clauses and Other Provisions.............................

Article 29–Resolution of Disagreements......................

Article 30–Signature, Ratification, Acceptance, 

Approval, Accession....................................

Article 31–Entry into Force..........................................

Article 32–Amendments to the Convention ................

Article 33–Denunciation ...............................................

Article 34–Depositary....................................................

Article 35–Authentic Texts...........................................

E. Table: Signatories and Parties on the Convention on Nuclear 

Safety .................................................................................

F. CONVENTION ON ASSISTANCE IN THE CASE OF A 

NUCLEAR ACCIDENT OR RADIOLOGICAL 

EMERGENCY.........................................................................

Article 1–General Provisions........................................

Article 2–Provisions of Assistance ...............................

Article 3–Direction and Control of Assistance............

Article 4–Competent Authorities and Points of 

Contact...........................................................

Article 5–Functions of the Agency ...............................

Article 6–Confidentiality and Public Statements........

Article 7–Reimbursement of Costs ..............................

Article 8–Privileges, Immunities, and Facilities..........

Article 9–Transit of Personnel, Equipment, and 

Property .........................................................

Article 10–Claims and Compensation .........................

Article 11–Termination of Assistance..........................

Article 12–Relationship to Other International 

Agreements....................................................

Article 13–Settlement of Disputes................................

Article 14–Entry into Force..........................................

Article 15–Provisional Application..............................

Article 16–Amendments................................................

Article 17–Denunciation ...............................................
F. Table: Convention on Assistance in the Case of a Nuclear Ac

or Radiological Emergency ............................................

G. ADDITIONAL PROTOCOL I TO THE TREATY FOR 

THE PROHIBITION OF NUCLEAR WEAPONS IN 

LATIN AMERICA..................................................................

Understandings and Declarations Attached by the

United States to Its Ratification of Additional 

Protocol II......................................................................

Additional Protocol I.....................................................

Article 1..........................................................................

Article 2..........................................................................

Article 3..........................................................................

H. ADDITIONAL PROTOCOL II TO THE TREATY FOR T

PROHIBITION OF NUCLEAR WEAPONS IN 

LATIN AMERICA..................................................................

Additional Protocol II...................................................

Article 1..........................................................................

Article 2..........................................................................

Article 3..........................................................................

Article 4..........................................................................

Article 5..........................................................................

I. TREATY FOR THE PROHIBITION OF NUCLEAR 

WEAPONS IN LATIN AMERICA .......................................

Preamble ........................................................................

Article 1–Obligations ....................................................

Article 2–Definition of the Contracting Parties..........

Article 3–Definition of Territory..................................

Article 4–Zone of Application ......................................

Article 5–Definition of Nuclear Weapons....................

Article 6–Meeting of Signatories..................................

Article 7–Organization..................................................

Article 8–Organs ...........................................................

Article 9–The General Conference ..............................

Article 10–The Council .................................................

Article 11–The Secretariat............................................

Article 12–Control System............................................

Article 13–IAEA Safeguards........................................

Article 14–Reports of the Parties.................................

Article 15–Special Reports Requested by the 

General Secretary .......................................

Article 16–Special Inspections......................................

Article 17–Use of Nuclear Energy for Peaceful 

Purposes.......................................................

Article 18–Explosions for Peaceful Purposes..............

Article 19–Relations with International Atomic 

Energy Agency.............................................
Article 21–Measures in the Event of Violation of the 

Treaty...........................................................

Article 22–United Nations and Organizations of 

American States...........................................

Article 23–Privileges and Immunities..........................

Article 24–Notification of Other Agreements .............

Article 25–Settlement of Disputes................................

Article 26–Signature......................................................

Article 27–Ratification and Deposit.............................

Article 28–Reservations................................................

Article 29–Entry into Force..........................................

Article 30–Amendments................................................

Article 31–Duration and Denunciation........................

Article 32–Authentic Texts and Registration..............

Transitional Article .......................................................

Additional Protocol .......................................................

I. 1. Table: Treaty for the Prohibition of Nuclear Weapons in 

Latin America ...............................................................

I. 2. Table: Additional Protocol I to the Treaty for the 

Prohibition of Nuclear Weapons in Latin America ...

I. 3. Table: Additional Protocol II to the Treaty for the 

Prohibition of Nuclear Weapons in Latin America ...

J. INTERNATIONAL ATOMIC ENERGY AGENCY 

PARTICIPATION ACT OF 1957..........................................

Sec. 1. Short Title...................................................

Sec. 2. Representatives..........................................

Sec. 3. Participation...............................................

Sec. 4. Voting .........................................................

Sec. 5. Salaries and Expenses ...............................

Sec. 6. CSR/FEGLI Status....................................

Sec. 7. Special Nuclear Material Compensation .

Sec. 8. Authority Termination..............................

K. STATUTE OF THE INTERNATIONAL ATOMIC 

ENERGY AGENCY................................................................

Article I–Establishment of the Agency ........................

Article II–Objectives.....................................................

Article III–Function ......................................................

Article IV–Membership................................................

Article V–General Conference .....................................

Article VI–Board of Governors....................................

Article VII–Staff............................................................

Article VIII–Exchange of Information........................

Article IX–Supplying of Materials...............................

Article X–Services, Equipment, and Facilities............

Article XI–Agency Projects..........................................

Article XII–Agency Safeguards....................................

Article XIII–Reimbursement of Members..................
Article XVI–Relationship with Other Organizations.

Article XVII–Settlement of Disputes...........................

Article XVIII–Amendments and Withdrawals...........

Article XIX–Suspension of Privileges..........................

Article XX–Definitions..................................................

Article XXI–Signature, Acceptance, and Entry into 

Force .........................................................

Article XXII–Registration with the United Nations...

Article XXIII–Authentic Texts and Certified Copies.

Annex I–Preparatory Commission ..............................

Summary of the Statute of the International

Atomic Energy Agency .................................................

L. AGREEMENT BETWEEN THE UNITED STATES OF 

AMERICA AND THE INTERNATIONAL ATOMIC 

ENERGY AGENCY FOR THE APPLICATION OF 

SAFEGUARDS IN THE UNITED STATES OF 

AMERICA ...............................................................................

Article 1 ..........................................................................

Article 2 ..........................................................................

Article 3 ..........................................................................

Article 4 ..........................................................................

Article 5 ..........................................................................

Article 6 ..........................................................................

Article 7 ..........................................................................

Article 8 ..........................................................................

Article 9 ..........................................................................

Article 10 ........................................................................

Article 11 ........................................................................

Article 12 ........................................................................

Article 13 ........................................................................

Article 14 ........................................................................

Article 15 ........................................................................

Article 16 ........................................................................

Article 17 ........................................................................

Article 18 ........................................................................

Article 19 ........................................................................

Article 20 ........................................................................

Article 21 ........................................................................

Article 22 ........................................................................

Article 23 ........................................................................

Article 24 ........................................................................

Article 25 ........................................................................

Article 26 ........................................................................

Article 27 ........................................................................

Article 28 ........................................................................

Article 29 ........................................................................

Article 30 ........................................................................

Article 31 ........................................................................
Article 34 ........................................................................

Article 35 ........................................................................

Article 36 ........................................................................

Article 37 ........................................................................

Article 38 ........................................................................

Article 39 ........................................................................

Article 40 ........................................................................

Article 41 ........................................................................

Article 42 ........................................................................

Article 43 ........................................................................

Article 44 ........................................................................

Article 45 ........................................................................

Article 46 ........................................................................

Article 47 ........................................................................

Article 48 ........................................................................

Article 49 ........................................................................

Article 50 ........................................................................

Article 51 ........................................................................

Article 52 ........................................................................

Article 53 ........................................................................

Article 54 ........................................................................

Article 55 ........................................................................

Article 56 ........................................................................

Article 57 ........................................................................

Article 58 ........................................................................

Article 59 ........................................................................

Article 60 ........................................................................

Article 61 ........................................................................

Article 62 ........................................................................

Article 63 ........................................................................

Article 64 ........................................................................

Article 65 ........................................................................

Article 66 ........................................................................

Article 67 ........................................................................

Article 68 ........................................................................

Article 69 ........................................................................

Article 70 ........................................................................

Article 71 ........................................................................

Article 72 ........................................................................

Article 73 ........................................................................

Article 74 ........................................................................

Article 75 ........................................................................

Article 76 ........................................................................

Article 77 ........................................................................

Article 78 ........................................................................

Article 79 ........................................................................

Article 80 ........................................................................

Article 81 ........................................................................

Article 82 ........................................................................
Article 85 ........................................................................

Article 86 ........................................................................

Article 87 ........................................................................

Article 88 ........................................................................

Article 89 ........................................................................

Article 90—Definitions..................................................

Article 1—Protocol........................................................

Article 2 ..........................................................................

Article 3 ..........................................................................

Article 4 ..........................................................................

Article 5 ..........................................................................

Article 6 ..........................................................................

Article 7 ..........................................................................

Article 8 ..........................................................................

Article 9 ..........................................................................

Article 10 ........................................................................

Article 11 ........................................................................

Article 12 ........................................................................

Article 13 ........................................................................

Article 14 ........................................................................

Article 15 ........................................................................

Article 16 ........................................................................

Article 17 ........................................................................

Article 18 ........................................................................

Article 19 ........................................................................

Article 20 ........................................................................

Article 21 ........................................................................

Article 22 ........................................................................

Article 23 ........................................................................

Article 24 ........................................................................

Article 25 ........................................................................

Article 26 ........................................................................

Article 27 ........................................................................

Article 28 ........................................................................

M. U.S. SENATE RESOLUTION CONSENTING TO THE 

RATIFICATION OF THE AGREEMENT BETWEEN 

THE U.S. AND THE IAEA FOR THE APPLICATION 

OF SAFEGUARDS .................................................................

N. PROTOCOL ADDITIONAL 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........................................

Article 1–Relationship between the Protocol and 

the Safeguards...............................................

Article 2–Provision of Information..............................
Article 5 ..........................................................................

Article 6 ..........................................................................

Article 7 ..........................................................................

Article 8 ..........................................................................

Article 9 ..........................................................................

Article 10 ........................................................................

Article 11–Designatlon of Agency Inspectors .............

Article 12–Visas.............................................................

Article 13–Subsidiary Arrangements..........................

Article 14–Communications Systems...........................

Article 15–Protection of Confidential Information ....

Article 16–Annexes........................................................

Article 17–Entry into Force..........................................

Article 18–Definitions....................................................

O. UNITED STATES ADDITIONAL PROTOCOL 

IMPLEMENTATION ACT ...................................................

Title II—United States Additional Protocol Implementation.......

Sec. 201. Short Title...................................................

Sec. 202. Findings......................................................

Sec. 203. Definitions ..................................................

Sec. 204. Severability.................................................

Subtitle A—General Provisions..................................................

Sec. 211. Authority ....................................................

Subtitle B—Complementary Access...........................................

Sec. 221. Requirement for Authority to Conduct 

Complementary Access.............................

Sec. 222. Procedures for Complementary Access...

Sec. 223. Consents, Warrants, and 

Complementary Access.............................

Sec. 224. Prohibited Acts Relating to 

Complementary Access.............................

Subtitle C—Confidentiality of Information...............................

Sec. 231. Protection of Confidentiality of 

Information ................................................

Subtitle D—Enforcement ............................................................

Sec. 241. Recordkeeping Violations.........................

Sec. 242. Penalties......................................................

Sec. 243. Specific Enforcement.................................

Subtitle E—Environmental Sampling ........................................

Sec. 251. Notification to Congress of IAEA Board 

Approval of Wide-Area Environmental 

Sampling.....................................................

Sec. 252. Application of National Security 

Exclusion to Wide-Area Environmental 

Sampling.....................................................

Sec. 253. Application of National Security 

Exclusion to Location-Specific 

Environmental Sampling ..........................
Activities...................................................................

Sec. 261. Protection of Certain Information ...........

Sec. 262. IAEA Inspections and Visits.....................

Subtitle G—Reports.....................................................................

Sec. 271. Report on Initial United States 

Declaration .................................................

Sec. 272. Report on Revisions to Initial United 

States Declaration......................................

Sec. 273. Content of Reports on United States 

Declarations................................................

Sec. 274. Report on Efforts to Promote the 

Implementation of Additional Protocols..

Sec. 275. Notice of IAEA Notifications ....................

Subtitle H—Authorization of Appropriations...........................

Sec. 281. Authorization of Appropriations..............

P. TABLE: STATUS WITH REGARD TO CONCLUSION 

OF SAFEGUARDS AGREEMENTS AND ADDITIONAL 

PROTOCOLS AND SMALL QUANTITIES

PROTOCOLS..........................................................................

Q. TABLE: IAEA SUPPLY AGREEMENTS ...........................

R. TABLE: UNITED STATES AGREEMENTS FOR 

PEACEFUL NUCLEAR COOPERATION..........................

S. TABLE: TRILATERALS BETWEEN THE 

INTERNATIONAL ATOMIC ENERGY AGENCY, THE 

UNITED STATES, AND OTHER COUNTRIES FOR 

THE APPLICATION OF SAFEGUARDS BY THE 

INTERNATIONAL ATOMIC ENERGY AGENCY TO 

EQUIPMENT DEVICES AND MATERIALS 

CONCERNING CIVIL USES OF ATOMIC ENERGY .....

T. TABLE: TRILATERALS BETWEEN THE UNITED 

STATES, THE INTERNATIONAL ATOMIC ENERGY 

AGENCY AND OTHER COUNTRIES FOR THE 

APPLICATION OF SAFEGUARDS PURSUANT TO 

THE NONPROLIFERATION TREATY OF 

JULY 1, 1968............................................................................

U. CONVENTION ON THE PREVENTION OF MARINE 

POLLUTION BY DUMPING OF WASTES AND 

OTHER MATTERS................................................................

Article I ..........................................................................

Article II.........................................................................

Article III .......................................................................

Article IV........................................................................
Article VII......................................................................

Article VIII ....................................................................

Article IX........................................................................

Article X .........................................................................

Article XI........................................................................

Article XII......................................................................

Article XIII ....................................................................

Article XIV.....................................................................

Article XV ......................................................................

Article XVI.....................................................................

Article XVII...................................................................

Article XVIII..................................................................

Article XIX.....................................................................

Article XX ......................................................................

Article XXI.....................................................................

Article XXII...................................................................

Annex I...........................................................................

Annex II..........................................................................

Annex III........................................................................

A.–Characteristics and Composition of the Matter....

B.–Characteristics of Dumping Site and Method of 

Deposit ......................................................................

C.–General Considerations and Conditions................

U. Table: Parties to the Convention on the Prevention of Marine 

Pollution by Dumping of Wastes and Other matter, with 

Annexes. ........................................................................................

V. JOINT CONVENTION ON THE SAFETY OF SPENT 

FUEL MANAGEMENT AND ON THE SAFETY OF 

RADIOACTIVE WASTE MANAGEMENT........................

Preamble ........................................................................

Chapter 1. Objectives Definitions And Scope Of Application......

Article 1–Objectives......................................................

Article 2–Definitions......................................................

Article 3–Scope of Application.....................................

Chapter 2. Safety of Spent Fuel Management ...............................

Article 4–General Safety Requirements......................

Article 5–Existing Facilities..........................................

Article 6–Siting of Proposed Facilities.........................

Article 7–Design and Construction of Facilities .........

Article 8–Assessment of Safety of Facilities................

Article 9–Operation of Facilities..................................

Article 10–Disposal of Spent Fuel ................................

Chapter 3. Safety of Radioactive Waste Management..................

Article 11–General Safety Requirements....................

Article 12–Existing Facilities and Past Practices........

Article 13–Siting of Proposed Facilities.......................

Article 14–Design and Construction of Facilities .......

Article 15–Assessment of Safety of Facilities..............
Chapter 4. General Safety Provisions.............................................

Article 18–Implementing Measures.............................

Article 19–Legislative and Regulatory Framework ...

Article 20–Regulatory Body .........................................

Article 21–Responsibility of the License Holder.........

Article 22–Human and Financial Resources...............

Article 23–Quality Assurance.......................................

Article 24–Operational Radiation Protection .............

Article 25–Emergency Preparedness...........................

Article 26–Decommissioning ........................................

Chapter 5. Miscellaneous Provisions..............................................

Article 27–Transboundary Movement ........................

Article 28–Disused Sealed Sources...............................

Chapter 6. Meetings of The Contracting Parties...........................

Article 29–Preparatory Meeting ..................................

Article 30–Review Meetings.........................................

Article 31–Extraordinary Meetings.............................

Article 32–Reporting.....................................................

Article 33–Attendance...................................................

Article 34–Summary Reports.......................................

Article 35–Languages....................................................

Article 36–Confidentiality ............................................

Article 37–Secretariat ...................................................

Chapter 7. Final Clauses and Other Provisions.............................

Article 38–Resolution of Disagreements......................

Article 39–Signature, Ratification, Acceptance, 

Approval, Accession....................................

Article 40–Entry Into Force .........................................

Article 41–Amendments to the Convention ................

Article 42–Denunciation ...............................................

Article 43–Depositary....................................................

Article 44–Authentic Texts...........................................

V. Table: Joint Convention on the Safety of Spent Fuel 

Management and on the Safety of Radioactive Waste 

Management......................................................................

Declarations/Reservations on the Joint Convention on the 

Safety of Spent Fuel Management and on the Safety of 

Radioactive Waste Management.....................................................

W. CODE OF CONDUCT ON THE SAFETY AND 

SECURITY OF RADIOACTIVE SOURCES ......................

Measures To Strengthen International Cooperation 

in Nuclear, Radiation and Transport Safety and 

Waste Management ......................................................

Revised Code of Conduct on the Safety and Security 

of Radioactive Sources (Annex 1)................................

The IAEA's Member States..........................................

I. Definitions ..................................................

II. Scope and Objectives.................................
Table I. Activities Corresponding to Thresholds 

of Categories...............................................

Open-Ended Meeting of Technical and Legal Expert

to Review a Draft Revised Code of Conduct on the 

Safety and Security of Radioactive Sources 

(Annex 2)........................................................................

Report of the Chairman................................................
Treaty on the Nonproliferation of Nuclear Weapons

The States concluding this Treaty, hereinafter referred to as the “Parties to 

Considering the devastation that would be visited upon all mankind by 

and the consequent need to make every effort to avert the danger of such a w

measurements to safeguard the security of peoples,

Believing that the proliferation of nuclear weapons would seriously 

danger of nuclear war,

In conformity with resolutions of the United Nations General Assembly 

conclusion of an agreement on the prevention of wider dissemination of nuc

Undertaking to cooperate in facilitating the application of International A

Agency safeguards on peaceful nuclear activities.

Expressing their support for research, development and other efforts 

application, within the framework of the International Atomic Energy Agen

system, of the principle of safeguarding effectively the flow of sourc

fissionable materials by use of instruments and other techniques at certain st

Affirming the principle that the benefits of peaceful application

technology, including any technological by-products which may be derive

weapon States from the development of nuclear explosive devices, should b

peaceful purposes to all Parties to the Treaty, whether nuclear-weapon or 

weapon States,

Convinced that, in furtherance of this principle, all Parties to the Treaty 

participate in the fullest possible exchange of scientific information for, and 

alone or in cooperation with other States, to the further development of th

of atomic energy for peaceful purposes,

Declaring their intention to achieve at the earliest possible date the ce

nuclear arms race and to undertake effective measures in the directio

disarmament,

Urging the cooperation of all States in the attainment of this objective,

Recalling the determination expressed by the Parties to the 1963 T

nuclear weapon tests in the atmosphere in outer space and under water in i

seek to achieve the discontinuance of all test explosions of nuclear weapo

and to continue negotiations to this end,

Desiring to further the easing of international tension and the strength

between States in order to facilitate the cessation of the manufacture of nuc

the liquidation of all their existing stockpiles, and the elimination from nat

of nuclear weapons and the means of their delivery pursuant to a treaty o

complete disarmament under strict and effective international control,

Recalling that, in accordance with the Charter of the United Nation

refrain in their international relations from the threat or use of force against 

integrity or political independence of any State, or in any other manner inc

the Purposes of the United Nations, and that the establishment and m

international peace and security are to be promoted with the least diversion 

of the world’s human and economic resources,

Have agreed as follows:

ARTICLE I

Each nuclear-weapon State Party to the Treaty undertakes not to tr

recipient whatsoever nuclear weapons or other nuclear explosive devices o

such weapons or explosive devices directly, or indirectly; and not in any 

encourage, or induce any non-nuclear-weapon State to manufacture or othe

nuclear weapons or other nuclear explosive devices, or control over suc

explosive devices.
transfer from any transferor whatsoever of nuclear weapons or other nuc

devices or of control over such weapons or explosive devices directly, or 

to manufacture or otherwise acquire nuclear weapons or other nuclear expl

and not to seek or receive any assistance in the manufacture of nuclear we

nuclear explosive devices.

ARTICLE III

1. Each non-nuclear-weapon State Party to the Treaty undertakes to acce

as set forth in an agreement to be negotiated and concluded with the Interna

Energy Agency in accordance with the Statute of the International Atomic E

and the Agency’s safeguards system, for the exclusive purpose of verif

fulfillment of its obligations assumed under this Treaty with a view 

diversion of nuclear energy from peaceful uses to nuclear weapons or 

explosive devices. Procedures for the safeguards required by this article sha

with respect to source or special fissionable material whether it is be

processed or used in any principal nuclear facility or is outside any such 

safeguards required by this article shall be applied on all source or spec

material in all peaceful nuclear activities within the territory of such S

jurisdiction, or carried out under its control anywhere.

2. Each State Party to the Treaty undertakes not to provide: (a) sou

fissionable material, or (b) equipment or material especially designed or pr

processing, use or production of special fissionable material, to any non-nu

State for peaceful purposes, unless the source or special fissionable ma

subject to the safeguards required by this article.

3. The safeguards required by this article shall be implemented in a ma

to comply with article IV of this Treaty, and to avoid hampering the 

technological development of the Parties or international cooperation i

peaceful nuclear activities, including the international exchange of nuclea

equipment for the processing, use or production of nuclear material for pea

in accordance with the provisions of this article and the principle of safegua

in the Preamble of the Treaty.

4. Non-nuclear-weapon States Party to the Treaty shall conclude agreem

International Atomic Energy Agency to meet the requirements of this 

individually or together with other States in accordance with the Statute o

Atomic Energy Agency. Negotiation of such agreements shall commence w

from the original entry into force of this Treaty. For States depositing their 

ratification or accession after the 180-day period, negotiation of such agr

commence not later than the date of such deposit. Such agreements shall e

not later than eighteen months after the date of initiation of negotiations.

ARTICLE IV

1. Nothing in this Treaty shall be interpreted as affecting the inalienable 

Parties to the Treaty to develop research, production and use of nuclear energ

purposes without discrimination and in conformity with articles I and II of 

2. All the Parties to the Treaty undertake to facilitate, and have the right 

in, the fullest possible exchange of equipment, materials and scientific and 

information for the peaceful uses of nuclear energy. Parties to the Treaty in 

do so shall also cooperate in contributing alone or together with ot

international organizations to the further development of the applicatio

energy for peaceful purposes, especially in the territories of non-nuclear- w

Party to the Treaty, with due consideration for the needs of the developin

world.
accordance with this Treaty, under appropriate international observation 

appropriate international procedures, potential benefits from any peaceful a

nuclear explosions will be made available to non-nuclear-weapon State

Treaty on a non-discriminatory basis and that the charge to such Parties for 

devices used will be as low as possible and exclude any charge for 

development. Non-nuclear-weapon States Party to the Treaty shall be able 

benefits, pursuant to a special international agreement or agreements

appropriate international body with adequate representation of non-nu

States. Negotiations on this subject shall commence as soon as possible af

enters into force. Non-nuclear-weapon States Party to the Treaty so desi

obtain such benefits pursuant to bilateral agreements.

ARTICLE VI

Each of the Parties to the Treaty undertakes to pursue negotiations in 

effective measures relating to cessation of the nuclear arms race at an ear

nuclear disarmament, and on a treaty on general and compete disarmame

and effective international control.

ARTICLE VII

Nothing in this Treaty affects the right of any group of States to con

treaties in order to assure the total absence of nuclear weapons in th

territories.

ARTICLE VIII

1. Any Party to the Treaty may propose amendments to this Treaty. T

proposed amendment shall be submitted to the Depositary Government

circulate it to all Parties to the Treaty. Thereupon, if requested to do so b

more of the Parties to the Treaty, the Depositary Governments shall convene 

to which they shall invite all the Parties to the Treaty, to consider such an a

2. Any amendment to this Treaty must be approved by a majority of th

the Parties to the Treaty, including the votes of all nuclear-weapon State

Treaty and all other Parties which, on the date the amendment is circulated

of the Board of Governors of the International Atomic Energy Agency. Th

shall enter into force for each Party that deposits its instrument of ratif

amendment upon the deposit of such instruments of ratification by a majo

Parties, including the instruments of ratification of all nuclear-weapon Stat

Treaty and all other Parties which, on the date the amendment is circulated

of the Board of Governors of the International Atomic Energy Agency. The

enter into force for any other Party upon the deposit of its instrument of rati

amendment.

3. Five years after the entry into force of this Treaty, a conference of 

Treaty shall be held in Geneva, Switzerland, in order to review the operation 

with a view to assuring that the purposes of the Preamble and the provision

are being realized. At intervals of five years thereafter, a majority of the 

Treaty may obtain, by submitting a proposal to this effect to the Depositary 

the convening of further conferences with the same objective of reviewing 

of the Treaty.

ARTICLE IX

1. This Treaty shall be open to all States for signature. Any State which 

the Treaty before its entry into force in accordance with paragraph 3 of th

accede to it at any time.
United States of America, the United Kingdom of Great Britain and Northe

the Union of Soviet Socialist Republics, which are hereby designated t

Governments.

3. This Treaty shall enter into force after its ratification by the States, the 

of which are designated Depositaries of the Treaty, and forty other States si

Treaty and the deposit of their instruments of ratification. For the purposes 

a nuclear-weapon State is one which has manufactured and exploded a nucl

other nuclear explosive device prior to January 1, 1967.

4. For States whose instruments of ratification of accession are deposit

to the entry into force of this Treaty, it shall enter into force on the date of 

their instruments of ratification or accession.

5. The Depositary Governments shall promptly inform all signatory 

States of the date of each signature, the date of deposit of each instrument 

or of accession, the date of the entry into force of this Treaty, and the dat

any requests for convening a conference or other notices.

6. This Treaty shall be registered by the Depositary Governments purs

102 of the Charter of the United Nations.

ARTICLE X

1. Each Party shall in exercising its national sovereignty have the righ

from the Treaty if it decides that extraordinary events, related to the subject 

Treaty, have jeopardized the supreme interests of its country. It shall give 

withdrawal to all other Parties to the Treaty and to the United National Se

three months in advance. Such notice shall include a statement of the extrao

it regards as having jeopardized its supreme interests.

2. Twenty-five years after the entry into force of the Treaty, a confe

convened to decide whether the Treaty shall continue to force indefinite

extended for an additional fixed period or periods. This decision shall b

majority of the Parties to the Treaty.

ARTICLE XI

This Treaty, the English, Russian, French, Spanish and Chinese texts 

equally authentic, shall be deposited in the archives of the Depositary Gove

certified copies of this Treaty shall be transmitted by the Depositary Gover

Governments of the signatory and acceding States.

IN WITNESS WHEREOF the undersigned, duly authorized, have signe

DONE in triplicate, at the cities of Washington, London and Moscow, t

July one thousand nine hundred sixty-eight.
Country Date of

Signature

Date of 

Ratific

Access

Succe

Afghanistan 07/01/1968 02/04/197

Albania 09/12/199

Algeria 01/12/199

Andorra 06/07/199

Angola 10/14/199

Antigua and Barbuda 06/17/198

Argentina 02/10/199

Armenia 07/15/199

Australia 02/27/1970 01/23/197

Austria 07/01/1968 06/27/196

Azerbaijan 09/22/199

Bahamas 08/11/197

Bahrain 11/03/198

Bangladesh 08/31/197

Barbados 07/01/1968 02/21/198

Belarus 07/22/199

Belgium 08/20/1968 05/02/197

Belize 08/09/198

Benin 07/01/1968 10/31/197

Bhutan 05/23/198

Bolivia (Plurinational State of) 07/01/1968 05/26/197

Bosnia and Herzegovina 08/15/199

Botswana 07/01/1968 04/28/196

Brazil 09/18/199

Brunei Darussalam 03/26/198

Bulgaria 07/01/1968 09/05/196

Burkina Faso 11/25/1968 03/03/197

Burundi 03/19/197

Cambodia 06/02/197

Cameroon 07/17/1968 01/08/196

Canada 07/23/1968 01/08/196

Cape Verde 10/24/197

Central African Republic 10/25/197

Chad 07/01/1968 03/10/197

Chile 05/25/199

China 03/09/199

Colombia 07/01/1968 04/08/198

Comoros 10/04/199

Congo 07/26/1968 10/23/197

Congo (Democratic Republic of) 07/22/1968 08/04/197

Costa Rica 07/01/1968 03/03/197

Cote d’Ivoire 07/01/1968 03/06/197

Croatia 06/29/199

Cuba 11/04/200

Cyprus 07/01/1968 02/10/197

Czech Republic 07/01/1968 01/01/199
Access

Succe

Denmark 07/01/1968 01/03/196

Djibouti 10/16/199

Dominica 08/10/198

Dominican Republic 07/01/1968 07/24/197

Ecuador 07/09/1968 03/07/196

Egypt 07/01/1968 02/26/198

El Salvador 07/01/1968 07/11/197

Equatorial Guinea 11/01/198

Eritrea 03/16/199

Estonia 01/07/199

Ethiopia 09/05/1968 02/05/197

Fiji 07/21/197

Finland 07/01/1968 02/05/196

France 08/02/199

Gabon 02/19/197

Gambia 09/04/1968 05/12/197

Georgia 03/07/199

Germany 11/28/1969 05/02/197

Ghana 07/01/1968 05/04/197

Greece 07/01/1968 03/11/197

Grenada 09/02/197

Guatemala 07/26/1968 09/22/197

Guinea 04/29/198

Guinea-Bissau 08/20/197

Guyana 10/19/199

Haiti 07/01/1968 06/02/197

Holy See 02/25/197

Honduras 07/01/1968 05/16/197

Hungary 07/01/1968 05/27/196

Iceland 07/01/1968 07/18/196

Indonesia 03/02/1970 07/12/197

Iran (Islamic Republic of) 07/01/1968 02/02/197

Iraq 07/01/1968 10/29/196

Ireland 07/01/1968 07/01/196

Italy 01/28/1969 05/02/197

Jamaica 04/14/1969 03/05/197

Japan 02/03/1970 06/08/197

Jordan 07/10/1968 02/11/197

Kazakhstan 02/14/199

Kenya 07/01/1968 06/11/197

Kiribati 04/18/198

Korea (Democratic People’s Republic of) 12/12/198

Korea (Republic of) 07/01/1968 04/23/197

Kuwait 08/15/1968 11/17/198

Kyrgyzstan 07/05/199

Lao (People’s Democratic Republic of) 07/01/1968 02/20/197

Latvia 01/31/199

Lebanon 07/01/1968 07/15/197

Lesotho 07/09/1968 05/20/197
Access

Succe

Liberia 07/01/1968 03/05/197

Libya 07/18/1968 05/26/197

Liechtenstein 04/20/197

Lithuania 09/23/199

Luxembourg 08/14/1968 05/02/197

Macedonia (Former Yugoslav Republic of) 03/30/199

Madagascar 08/22/1968 10/08/197

Malawi 02/18/198

Malaysia 07/01/1968 03/05/197

Maldives 09/11/1968 04/07/197

Mali 07/14/1969 02/10/197

Malta 04/17/1969 02/06/197

Marshall Islands 01/30/199

Mauritania 10/26/199

Mauritius 07/01/1968 04/08/196

Mexico 07/26/1968 01/21/196

Micronesia (Federated States of) 04/14/199

Moldova (Republic of) 10/11/199

Monaco 03/13/199

Mongolia 07/01/1968 05/14/196

Montenegro 06/03/200

Morocco 07/01/1968 11/27/197

Mozambique 09/04/199

Myanmar 12/02/199

Namibia 10/02/199

Nauru 06/07/198

Nepal 07/01/1968 01/05/197

Netherlands 08/20/1968 05/02/197

New Zealand 07/01/1968 09/10/196

Nicaragua 07/01/1968 03/06/197

Niger 10/09/199

Nigeria 07/01/1968 09/27/196

Norway 07/01/1968 02/05/196

Oman 01/23/199

Palau 04/14/199

Panama 07/01/1968 01/13/197

Papua New Guinea 01/13/198

Paraguay 07/01/1968 02/04/197

Peru 07/01/1968 03/03/197

Philippines 07/01/1968 10/05/197

Poland 07/01/1968 06/12/196

Portugal 12/15/197

Qatar 04/03/198

Romania 07/01/1968 02/04/197

Russian Federation 5 07/01/1968 03/05/197

Rwanda 05/20/197

Saint Kitts and Nevis 03/22/199

Saint Lucia 12/28/197

St. Vincent and the Grenadines 11/06/198
Access

Succe

Samoa 03/17/197

San Marino 07/01/1968 08/10/197

Sao Tome and Principe 07/20/198

Saudi Arabia 10/03/198

Senegal 07/01/1968 12/17/197

Serbia 8 04/27/199

Seychelles 03/12/198

Sierra Leone 02/26/197

Singapore 02/05/1970 03/10/197

Slovakia 01/01/199

Slovenia 04/07/199

Solomon Islands 06/17/198

Somalia 07/01/1968 03/05/197

South Africa 07/10/199

Spain 11/05/198

Sri Lanka 07/01/1968 03/05/197

Sudan 12/24/1968 10/31/197

Suriname 06/30/197

Swaziland 06/24/1969 12/11/196

Sweden 08/19/1968 01/09/197

Switzerland 11/27/1969 03/09/197

Syrian Arab Republic 07/01/1968 09/24/196

Tajikistan 01/17/199

Thailand 12/07/197

Timor-Leste 05/05/200

Togo 07/01/1968 02/27/197

Tonga 07/07/197

Trinidad and Tobago 08/20/1968 10/30/198

Tunisia 07/01/1968 02/26/197

Turkey 01/28/1969 04/17/198

Turkmenistan 09/29/199

Tuval 01/19/197

Uganda 10/20/198

Ukraine 12/05/199

United Arab Emirates 09/26/199

United Kingdom of Great Britain and 

Northern Ireland

07/01/1968 11/27/196

United Republic of Tanzania 05/31/199

United States of America 07/01/1968 03/05/197

Uruguay 07/01/1968 08/31/197

Uzbekistan 05/02/199

Vanuatu 08/24/199

Venezuela (Bolivarian Republic of) 07/01/1968 09/25/197

Viet Nam 06/14/198

Yemen 6 09/23/1968 05/14/198

Zambia 05/15/199

Zimbabwe 09/26/199

TOTAL: 189 (Total does not include Taiwan)
In the case of a country that was a dependent territory which became a 

succession, the date given is the date on which the country gave notice 

continue to be bound by the terms of the Treaty.

b - Effective 11/25/75.

1 With Statement.

2 The former German Democratic Republic, which united with the Fed

of Germany on 10/3/90, had signed the NPT on 7/1/68 and deposited its 

ratification on 10/31/69. 3 Extended to Netherlands Antilles and Aruba. 

4 Extended to Aguilla and territories under the territorial sovereignty 

Kingdom. 5 Russia has given notice that it would continue to exercise the rights 

obligations of the former Soviet Union arising from the NPT. 6 The Republic of Yemen resulted from the union of the Yemen Arab 

the People's Democratic Republic of Yemen. The table indicates the date of 

ratification by the People's Democratic Republic of Yemen; the first of thes

become a party to the NPT. The Yemen Arab Republic signed the NPT o

deposited its instrument of ratification on 5/14/86. 7 On 1/27/70, an instrument of ratification was deposited in the name o

of China. Effective 1/1/79, the United States recognized the People's Repu

as the sole legal government of China. The authorities on Taiwan state 

continue to abide by the provisions of the Treaty and the United States re

bound by the obligations imposed by the Treaty. 8 Effective date of succession to the Treaty by the Federal Republic of 

April 27, 1992; the former Socialist Federal Republic of Yugoslavia signed 

July 10, 1968 and deposited an instrument of ratification, with a declaration

1970 and 5 March 1970. The Federal Republic of Yugoslavia changed its n

and Montenegro on February 4, 2003.

Updated as of: November 3, 2014
THE STATES PARTIES TO THIS CONVENTION,

RECOGNIZING the right of all States to develop and apply nuclear energ

purposes and their legitimate interests in the potential benefits to be der

peaceful application of nuclear energy,

CONVINCED of the need for facilitating international co-operation in 

application of nuclear energy,

DESIRING to avert the potential dangers posed by the unlawful taking and 

material,

CONVINCED that offences relating to nuclear material are a matter of grav

that there is an urgent need to adopt appropriate and effective measures 

prevention, detection and punishment of such offences,

AWARE OF THE NEED FOR international co-operation to establish, in co

the national law of each State Party and with this Convention, effective me

physical protection of nuclear material,

CONVINCED that this Convention should facilitate the safe transfer of nu

STRESSING also the importance of the physical protection of nuclea

domestic use, storage and transport,

RECOGNIZING the importance of effective physical protection of nuclear 

for military purposes, and understanding that such material is and will c

accorded stringent physical protection,

HAVE AGREED as follows:

Article 1

For the purposes of this Convention:

(a) “nuclear material” means plutonium except that with isotopic 

exceeding 80% in plutonium-238; uranium-233; uranium enriched in th

or 233; uranium containing the mixture of isotopes as occurring in nat

in the form of ore or ore-residue; any material containing one or more of 

(b) “uranium enriched in the isotope 235 or 233” means uranium 

isotope 235 or 233 or both in an amount such that the abundance ratio 

these isotopes to the isotope 238 is greater than the ratio of the isoto

isotope 238 occurring in nature;

(c) “international nuclear transport” means the carriage of a co

nuclear material by any means of transportation intended to go beyond t

the State where the shipment originates beginning with the departure fro

the shipper in that State and ending with the arrival at a facility of the r

the State of ultimate destination.

Article 2

1. This Convention shall apply to nuclear material used for peaceful pur

international nuclear transport.

2. With the exception of articles 3 and 4 and paragraph 3 of article 5, th

shall also apply to nuclear material used for peaceful purposes while in 

storage and transport.

3. Apart from the commitments expressly undertaken by States Parties 

covered by paragraph 2 with respect to nuclear material used for peaceful p

in domestic use, storage and transport, nothing in this Convention shall be 

affecting the sovereign rights of a State regarding the domestic use, storage 

of such nuclear material.
law and consistent with international law to ensure as far as practicable tha

international nuclear transport, nuclear material within its territory, or on b

aircraft under its jurisdiction insofar as such ship or aircraft is engaged in th

or from that State, is protected at the levels described in Annex I.

Article 4

1. Each State Party shall not export or authorize the export of nuclear m

the State Party has received assurances that such material will be protec

international nuclear transport at the levels described in Annex I.

2. Each State Party shall not import or authorize the import of nuclear 

a State not party to this Convention unless the State Party has received a

such material will during the international nuclear transport be protected 

described in Annex I.

3. A State Party shall not allow the transit of its territory by land or inter

or through its airports or seaports of nuclear material between States that 

to this Convention unless the State Party has received assurances as far as p

this nuclear material will be protected during international nuclear transpo

described in Annex I.

4. Each State Party shall apply within the framework of its national law 

physical protection described in Annex I to nuclear material being transport

of that State to another part of the same State through international waters o

5. The State Party responsible for receiving assurances that the nuclear 

be protected at the levels described in Annex I according to paragraphs 1 to 3 

and inform in advance States which the nuclear material is expected to tran

internal waterways, or whose airports or seaports it is expected to enter.

6. The responsibility for obtaining assurances referred to in paragra

transferred, by mutual agreement, to the State Party involved in the tra

importing State.

7. Nothing in this article shall be interpreted as in any way affecting 

sovereignty and jurisdiction of a State, including that over its airspace and 

Article 5

1. States Parties shall identify and make known to each other directly 

International Atomic Energy Agency their central authority and point of c

responsibility for physical protection of nuclear material and for co-ordina

and response operations in the event of any unauthorized removal, use o

nuclear material or in the event of credible threat thereof.

2. In the case of theft, robbery or any other unlawful taking of nuclear 

credible threat thereof, States Parties shall, in accordance with their nationa

co-operation and assistance to the maximum feasible extent in the recovery 

of such material to any State that so requests. In particular:

(a) a State Party shall take appropriate steps to inform as soon as 

States, which appear to it to be concerned, of any theft, robbery or o

taking of nuclear material or credible threat thereof and to inform, wher

international organizations;

(b) as appropriate, the States Parties concerned shall exchange inf

each other or international organizations with a view to protecting threa

material, verifying the integrity of the shipping container, or recoveri

taken nuclear material and shall:

(i) co-ordinate their efforts through diplomatic and other agreed 

(ii) render assistance; if requested;

(iii) ensure the return of nuclear material stolen or missing as a c

the above-mentioned events.
3. States Parties shall co-operate and consult as appropriate, with each 

or through international organizations, with a view to obtaining guidance 

maintenance and improvement of systems of physical protection of nucle

international transport.

Article 6

1. States Parties shall take appropriate measures consistent with their n

protect the confidentiality of any information which they receive in confid

of the provisions of this Convention form another State Party or through p

an activity carried out for the implementation of this Convention. If States P

information to international organizations in confidence, steps shall be taken 

the confidentiality of such information is protected.

2. States Parties shall not be required by this Convention to provide an

which they are not permitted to communicate pursuant to national law or 

jeopardize the security of the State concerned or the physical protecti

material.

Article 7

1. The intentional commission of:

(a) an act without lawful authority which constitutes the receipt, po

transfer, alteration, disposal or dispersal of nuclear material and whic

likely to cause death or serious injury to any person or substantial damag

(b) a theft of robbery of nuclear material;

(c) an embezzlement or fraudulent obtaining of nuclear material;

(d) an act constituting a demand for nuclear material by threat or use 

any other form of intimidation;

(e) a threat:

(i) to use nuclear material to cause death or serious injury to 

substantial property damage, or

(ii) to commit an offence described in sub-paragraph (b) in or

a natural or legal person, international organization or State to d

from doing any act;

(f) an attempt to commit any offence described in paragraphs (a), 

(g) an act which constitutes participation in any offence described 

(a) to (f) shall be made a punishable offence by each State Party under it

2. Each State Party shall make the offences described in this article 

appropriate penalties which take into account their grave nature.

Article 8

1. Each State Party shall take such measures as may be necessary t

jurisdiction over the offences set forth in article 7 in the following cases;

(a) when the offence is committed in the territory of that State or o

or aircraft registered in that State;

(b) when the alleged offender is a national of that State.

2. Each State Party shall likewise take such measures as may be necessa

its jurisdiction over these offences in cases where the alleged offender is p

territory and it does not extradite him pursuant to article 11 to any of the Sta

in paragraph 1.

3. This Convention does not exclude any criminal jurisdiction 

accordance with national law.

4. In addition to the States Parties mentioned in paragraphs 1 and 2, ea

may, consistent with international law, establish its jurisdiction over the off
Article 9

Upon being satisfied that the circumstances so warrant, the State Party in w

the alleged offender is present shall take appropriate measures, including de

its national law to ensure his presence for the purpose of prosecution o

Measures taken according to this article shall be notified without delay 

required to establish jurisdiction pursuant to Article 8 and, where approp

States concerned.

Article 10

The State Party in whose territory the alleged offender is present shall, 

extradite him, submit, without exception whatsoever and without undue del

its competent authorities for the purpose of prosecution, through p

accordance with the laws of that State.

Article 11

1. The offences in article 7 shall be deemed to be included as extraditable o

extradition treaty existing between States Parties. States Parties undertake to 

offences as extraditable offences in every future extradition treaty to 

between them.

2. If a State Party which makes extradition conditional on the existen

receives a request for extradition from another State Party with which it has 

treaty, it may at its option consider this Convention as the legal basis for 

respect of those offences. Extradition shall be subject to the other condition

the law of the requested State.

3. States Parties which do not make extradition conditional on the 

treaty shall recognize those offences as extraditable offences between them

to the conditions provided by the law of the requested State.

4. Each of the offences shall be treated, for the purpose of extradition b

Parties, as if it had been committed not only in the place in which it occurr

the territories of the States Parties required to establish their jurisdiction 

with paragraph 1 of Article 8.

Article 12

Any person regarding whom proceedings are being carried out in connectio

the offences set forth in article 7 shall be guaranteed fair treatment at all 

proceedings.

Article 13

1. States Parties shall afford one another the greatest measure of 

connection with criminal proceedings brought in respect of the offences set 

7, including the supply of evidence at their disposal necessary for the pro

law of the State requested shall apply in all cases.

2. The provisions of paragraph 1 shall not affect obligations under an

bilateral or multilateral, which governs or will govern, in whole or in 

assistance in criminal matters.

Article 14

1. Each State Party shall inform the depositary of its laws and regulatio

effect to this Convention. The depositary shall communicate such informatio

to all States Parties.

2. The State Party where an alleged offender is prosecuted sh

practicable, first communicate the final outcome of the proceedings to the 
3. Where an offence involves nuclear material used for peaceful purpos

use, storage or transport, and both the alleged offender and the nuclear mate

the territory of the State Party in which the offence was committed, n

Convention shall be interpreted as requiring that State Party to provid

concerning criminal proceedings arising out of such an offence.

Article 15

The Annexes constitute an integral part of this Convention.

Article 16

1. A conference of States Parties shall be convened by the depositary 

after the entry into force of this Convention to review the implemen

Convention and its adequacy as concerns the preamble, the whole of the 

and the annexes in the light of the then prevailing situation.

2. At intervals of not less than five years thereafter, the majority of Stat

obtain, by submitting a proposal to this effect to the depositary, the conven

conferences with the same objective.

Article 17

1. In the event of a dispute between two or more States Parties c

interpretation or application of this Convention, such States Parties shall 

view to the settlement of the dispute by negotiation, or by any other peac

settling disputes acceptable to all parties to the dispute.

2. Any dispute of this character which cannot be settled in the manner 

paragraph 1 shall, at the request of any party to such dispute, be submitted 

or referred to the International Court of Justice for decision. Where a disput

to arbitration, if, within six months from the date of the request, the parties 

are unable to agree on the organization of the arbitration, a party may reques

of the International Court of Justice or the Secretary-General of the Unit

appoint one or more arbitrators. In case of conflicting requests by the parties 

the request to the Secretary-General of the United Nations shall have priori

Party may at the time of signature, ratification, acceptance or approval of th

or accession thereto declare that it does not consider itself bound by either 

dispute settlement procedures provided for in paragraph 2. The other State

not be bound by a dispute settlement procedure provided for in paragraph 2

to a State Party which has made a reservation to that procedure.

3. Any State Party which has made a reservation in accordance with pa

at any time withdraw that reservation by notification to the depositary.

Article 18

1. This Convention shall be open for signature by all States at the Head

International Atomic Energy Agency in Vienna and at the Headquarters 

Nations in New York from 3 March 1980 until its entry into force.

2. This Convention is subject to ratification, acceptance or approval by 

States.

3. After its entry into force, this Convention will be open for accession 

(a) This Convention shall be open for signature or accession by 

organizations and regional organizations of an integration or other na

that any such organization is constituted by sovereign States and has c

respect of the negotiation, conclusion and application of international 

matters covered by this Convention.
attributes to States Parties.

(c) When becoming party to this Convention such an organ

communicate to the depository a declaration indicating which States 

thereof and which articles of this Convention do not apply to it.

(d) Such an organization shall not hold any vote additional to those 

States.

4. Instruments of ratification, acceptance, approval or accession shal

with depositary.

Article 19

1. This Convention shall enter into force on the thirtieth day followi

deposit of the twenty-first instrument of ratification, acceptance or appr

depositary. 

2. For each State ratifying, accepting, approving or acceding to the Co

the date of deposit of the twenty-first instrument of ratification, acceptanc

the Convention shall enter into force on the thirtieth day after the deposit by 

its instrument of ratification, acceptance, approval or accession.

Article 20

1. Without prejudice to article 16 a State Party may propose amend

Convention. The proposed amendment shall be submitted to the deposit

circulate it immediately to all States Parties. If a majority of States Parti

depositary to convene a conference to consider the proposed amendments, 

shall invite all States Parties to attend such a conference to being not soon

days after the invitations are issued. Any amendment adopted at the confere

thirds majority of all States Parties shall be promptly circulated by the de

States Parties.

2. The amendment shall enter into force for each State Party tha

instrument of ratification, acceptance or approval of the amendment on th

after the date on which two thirds of the States Parties have deposited their 

ratification, acceptance or approval with the depositary. Thereafter, the am

enter into force for nay other State Party on the day on which that State Par

instrument of ratification, acceptance or approval of the amendment.

Article 21

1. Any State Party any denounce this Convention by written notif

depositary.

2. Denunciation shall take effect one hundred and eighty days followi

which notification is received by the depositary.

Article 22

The depositary shall promptly notify all States of:

(a) each signature of this Convention;

(b) each deposit of an instrument of ratification, acceptance, approva

(c) any reservation or withdrawal in accordance with article 17;

(d) any communication made by an organization in accordance with p

of article 18;

(e) the entry into force of this Convention;

(f) the entry into force of any amendment to this Convention; and 

(g) any denunciation made under article 21.
and Spanish texts are equally authentic, shall be deposited with the Direc

the International Atomic Energy Agency who shall send certified copies 

States.

IN WITNESS WHEREOF, the undersigned, being duly authorized, hav

Convention, opened for signature at Vienna and at New York on 3 March 1
Levels of Physical Protection to be Applied in International Transport 

Materials as Categorized in Annex II

1. Levels of physical protection for nuclear material during storage 

international nuclear transport include:

(a) For Category III materials, storage within an area to which access 

(b) For Category II materials, storage within an area under constan

by guards or electronic devices, surrounded by a physical barrier with a li

of points of entry under appropriate control or any area with an equiv

physical protection;

(c) For Category I material, storage within a protected area as define

II above, to which, in addition, access is restricted to persons whose tr

has been determined, and which is under surveillance by guards wh

communication with appropriate responses forces. Specific measures 

context should have as their object the detection and prevention o

unauthorized access or unauthorized removal of material.

2. Levels of physical protection for nuclear material during internati

include:

(a) For Category II and III materials, transportation shall take place 

precautions including prior arrangements among sender, receiver, an

prior agreement between natural or legal persons subject to the ju

regulation of exporting and importing States, specifying time, place a

for transferring transport responsibility;

(b) For Category I materials, transportation shall take place 

precautions identified above for transportation of Category II and III ma

addition, under constant surveillance by escorts and under conditions 

close communication with appropriate response forces;

(c) For natural uranium other than in the form of ore or ore-residue; 

protection for quantities exceeding 500 kilograms uranium shall inc

notification of shipment specifying mode of transport, expected time 

confirmation of receipt of shipment.
Material Form Category

I II 

1. Plutonium2 Unirradiated3 2 kg or 

more

Less than 2 kg 

but more than 

500 g

500 g 

more t

2. Uranium-235 Unirradiated3

•uranium enriched to 

20% 235U or more

5 kg or 

more

Less than 5 kg 

but more than 

1 kg 

1 kg o

more t

•uranium enriched to 

10% 235U but less 

than 20%

10 kg or more Less th

more t

•uranium enriched 

above natural, but 

less than 10% 235U

10 kg 

3. Uranium-233 Unirradiated3 2 kg or 

more

Less than 2 kg 

but more than 

500 g

500 g 

more t

4. Irradiated 

fuel

Depleted or 

natural 

uranium, 

thorium or 

low-enriched 

fuel (less than 

10% fossile 

content)4 5

–––––––– 1 Quantities not falling in Category III and natural uranium should be protected in ac

prudent management practice.

2 All plutonium except that with isotopic concentration exceeding 80 percent in plut

3 Material not irradiated in a reactor or material irradiated in a reactor but with a rad

to or less than 100 rads/hour at one meter unshielded. 4 Although this level of protection is recommended, it would be open to states, upon 

specific circumstances, to assign a different category of physical protection.

5 Other fuel which by virtue of its original fissile material content is classified as Ca

before irradiation may be reduced one category level while the radiation level from the f

rads/hour at 1 meter unshielded.
Signature, Ratification, Acceptance, Approval or Accession by 

Organizations

Country/Organization Date of

Signature

Means/Date of Deposit

of Expression of

Consent to be Bound 

Afghanistan acceded 09/12/2003 

Albania acceded 03/05/2002 

Algeria acceded 04/30/2003 

Andorra acceded 06/27/2006 

Antigua & Barbuda acceded 08/04/1993 

Argentina 02/28/1986 ratified 04/06/1989 

Armenia acceded 08/24/1993 

Australia 02/22/1984 ratified 09/22/1987 

Austria a 03/03/1980 ratified 12/22/1988 

Azerbaijan acceded 01/19/2004 

Bahamas acceded 05/21/2008 

Bahrain acceded 05/10/2010 

Bangladesh acceded 05/11/2005 

Belarus succession 09/09/1993 

Belgium*,a 06/13/1980 ratified 09/06/1991 

Bolivia acceded 01/24/2002 

Bosnia and Herzegovina succession 06/30/1998 

Botswana acceded 09/19/2000 

Brazil 05/15/1981 ratified 10/17/1985 

Bulgaria 06/23/1981 ratified 04/10/1984 

Burkina Faso acceded 01/13/2004 

Cabo Verde acceded 02/23/2007 

Cambodia acceded 08/04/2006 

Cameroon acceded 06/29/2004 

Canada 09/23/1980 ratified 03/21/1986 

Central African Republic acceded 02/20/2008 

Chile acceded 04/27/1994 

China acceded 01/10/1989 

Columbia acceded 03/28/2003 

Comoros acceded 05/18/2007 

Costa Rica acceded 05/02/2003 

Côte d'Ivoire acceded 10/17/2012 

Croatia succession 09/29/1992 

Cuba acceded 09/26/1997 

Cyprus acceded 07/23/1998 

Czech Republic succession 03/24/1993 

Democratic Rep. of the Congo acceded 09/21/2004 

Denmark* 06/13/1980 ratified 09/06/1991 

Djibouti acceded 06/22/2004 

Dominica acceded 11/08/2004 

Dominican Republic 03/03/1980 ratified 04/30/2009 

Ecuador 06/26/1986 ratified 01/17/1996 

El Salvador acceded 12/15/2006 

Equatorial Guinea acceded 11/24/2003 

Estonia acceded 05/09/1994 
Consent to be Bound

Fiji acceded 05/23/2008 

Finland a 06/25/1981 accepted 09/22/1989 

France*,a 06/13/1980 approved 09/06/1991 

Gabon acceded 02/19/2008 

Georgia acceded 09/07/2006 

Germany*,a 06/13/1980 ratified 09/06/1991 

Ghana acceded 10/16/2002 

Greece*,a 03/03/1980 ratified 09/06/1991 

Grenada acceded 01/09/2002 

Guatemala 03/12/1980 ratified 04/23/1985 

Guinea acceded 11/29/2005 

Guinea-Bissau acceded 10/08/2008 

Guyana acceded 09/13/2007 

Haiti 04/09/1980

Honduras acceded 01/28/2004 

Hungary 06/17/1980 ratified 05/04/1984 

Iceland acceded 06/18/2002 

India acceded 03/12/2002 

Indonesia 07/03/1986 ratified 11/05/1986 

Iraq acceded 07/07/2014 

Ireland*,a 06/13/1980 ratified 09/06/1991 

Israel 06/17/1983 ratified 01/22/2002 

Italy*,a 06/13/1980 ratified 09/06/1991 

Jamaica acceded 08/16/2005 

Japan acceded 10/28/1988 

Jordan acceded 09/07/2009 

Kazakhstan acceded 09/02/2005 

Kenya acceded 02/11/2002 

Korea, Republic of 12/29/1981 ratified 04/07/1982 

Kuwait acceded 04/23/2004 

Lao P.D.R. acceded 09/29/2010 

Latvia acceded 11/06/2002 

Lebanon acceded 12/16/1997 

Lesotho acceded 08/18/2010 

Libya acceded 10/18/2000 

Liechtenstein 01/13/1986 ratified 11/25/1986 

Lithuania acceded 12/07/1993 

Luxembourg*,a 06/13/1980 ratified 09/06/1991 

Madagascar acceded 10/28/2003 

Malawi acceded 12/17/2013 

Mali acceded 05/07/2002 

Malta acceded 10/16/2003 

Marshall Islands acceded 02/07/2003 

Mauritania acceded 01/29/2008 

Mexico acceded 04/04/1988 

Monaco acceded 08/09/1996 

Mongolia 01/23/1986 ratified 05/28/1986 

Montenegro succession 03/21/2007 

Morocco 07/25/1980 ratified 08/23/2002 

Mozambique acceded 03/03/2003 

Namibia acceded 10/02/2002 
Consent to be Bound

Nauru acceded 08/12/2005 

Netherlands*,a 06/13/1980 accepted 09/06/1991 

New Zealand acceded 12/19/2003 

Nicaragua acceded 12/10/2004 

Niger 01/07/1985 ratified 08/19/2004 

Nigeria acceded 04/04/2007 

Niue acceded 06/19/2009 

Norway a 01/26/1983 ratified 08/15/1985 

Oman acceded 06/11/2003 

Pakistan acceded 09/12/2000 

Palau acceded 04/24/2007 

Panama 03/18/1980 ratified 04/01/1999 

Paraguay 05/21/1980 ratified 02/06/1985 

Peru acceded 01/11/1995 

Philippines 05/19/1980 ratified 09/22/1981 

Poland 08/06/1980 ratified 10/05/1983 

Portugal*,a 09/19/1984 ratified 09/06/1991 

Qatar acceded 03/09/2004 

Republic of Moldova acceded 05/07/1998 

Romania 01/15/1981 ratified 11/23/1993 

Russian Federation 05/22/1980 ratified 05/25/1983 

Rwanda acceded 06/28/2002 

Saint Kitts and Nevis acceded 08/29/2008 

Saint Lucia acceded 09/14/2012 

Saudi Arabia acceded 01/07/2009 

Senegal acceded 11/03/2003 

Serbia succession 02/05/2002 

Seychelles acceded 08/13/2003 

Singapore accession 09/22/2014 

Slovakia succession 02/10/1993 

Slovenia succession 07/07/1992 

South Africa 05/18/1981 ratified 09/17/2007 

Spain*,a 04/07/1986 ratified 09/06/1991 

Sudan acceded 05/18/2000 

Swaziland acceded 04/17/2003 

Sweden a 07/02/1980 ratified 08/01/1980 

Switzerland a 01/09/1987 ratified 01/09/1987 

Tajikistan acceded 07/11/1996 

The Former Yugoslav

 Rep. of Macedonia

succession 09/20/1996 

Togo acceded 06/07/2006 

Tonga acceded 01/24/2003 

Trinidad and Tobago acceded 04/25/2001 

Tunisia acceded 04/08/1993 

Turkey 08/23/1983 ratified 02/27/1985 

Turkmenistan acceded 01/07/2005 

Uganda acceded 12/10/2003 

Ukraine acceded 07/06/1993 

United Arab Emirates acceded 10/16/2003 

United Kingdom*,a 06/13/1980 ratified 09/06/1991 

United Republic of Tanzania acceded 05/24/2006 
Consent to be Bound

United States of America 03/03/1980 ratified 12/13/1982 

Uruguay acceded 10/24/2003 

Uzbekistan acceded 02/09/1998 

Viet Nam acceded 10/04/2012 

Yemen acceded 05/31/2007 

EURATOM a 06/13/1980 confirmed 08/06/1991 

* Signed or ratified as a EURATOM member state.

a Deposited an objection to the declaration of Pakistan.

Notes: The Convention entered into force on February 8, 1987, i.e., 

thirtieth day following the deposit of the twenty-first instrum

ratification, acceptance or approval with the Director Genera

Article 19, paragraph 1.

Status: 151 parties, 44 signatories 

Last change of status: September 22, 2014
ACT OF 1982

Public Law 97–351 96 St

October 18, 1982

An Act

To amend Title 18 of the United States Code to implement th

on the Physical Protection of Nuclear Material, and for o

Be it enacted by the Senate and House of Representative

United States of America in Congress assembled,

Sec. 1. Short Title

This Act may be cited as the “Convention on the Physi

of Nuclear Material Implementation Act of 1982.”

Sec. 2. Implementation of Convention and Prohibitio

Offenses

(a) Chapter 39 of Title 18 of the United States Code i

inserting after the table of sections at the beginning of suc

following new section:

Sec. 831. Prohibited transactions involving nuclear mate

(a) Whoever, if one of the circumstances described 

(c) of this section occurs–

(1) without lawful authority, intentionally receiv

uses, transfers, alters, disposes of, or disperses any nu

for nuclear byproduct material and–

(A) thereby knowingly causes the death of or 

injury to any person or substantial damage to pro

environment; or

(B) circumstances exist, or have been repre

defendant to exist, that are likely to cause the de

bodily injury to any person, or substantial dama

or to the environment;

(2) with intent to deprive another of nuclear mate

byproduct material, knowingly–

(A) takes and carries away nuclear materi

byproduct material of another without authority;

(B) makes an unauthorized uses, disposition, 

nuclear material or nuclear byproduct material 

another; or

(C) uses fraud and thereby obtains nuclea

nuclear byproduct material belonging to another;

(3) knowingly–

(A) uses force; or

(B) threatens or places another in fear that an

than the actor will imminently be subject to bod

––––––––

1 Added and amended by P.L. 97–351, § 2(a), 96 Stat. 1663 (1982); P.

VII, Subtitle B, § 7022, 102 Stat. 4397 (1988); P.L. 103–272, § 5(e)(

1374 (1994); P.L. 103–322, Title XXXIII, § 330016(2)(C), 108 Stat. 

P.L. 104–132, Title V, Subtitle A, § 502, 110 Stat. 1282 (1996).

18 USC 831 

note.

18 USC 831.
(4) intentionally intimidates any person and th

nuclear material or nuclear byproduct material 

another;

(5) with intent to compel any person, internationa

or governmental entity to do or refrain from d

knowingly threatens to engage in conduct described 

(2)(A) or (3) of this subsection;

(6) knowingly threatens to use nuclear mater

byproduct material to cause death or serious bodily 

person or substantial damage to property or to the 

under circumstances in which the threat may r

understood as an expression of serious purposes;

(7) attempts to commit an offense under paragrap

or (4) of this subsection; or

(8) is a party to a conspiracy of two or more pers

an offense under paragraph (1), (2), (3), or (4) of this 

any of the parties intentionally engages in any 

furtherance of such offense; shall be punished a

subsection (b) of this section.

(b) The punishment for an offense under–

(1) paragraphs (1) through (7) of subsection (a) 

is–

(A) a fine under this Title; and

(B) imprisonment–

(i) for any term of years or for life 

(I) if, while committing the offense

knowingly causes the death of any per

(II) if, while committing an o

paragraph (1) or (3) of subsection (a) o

the offender, under circumstances 

extreme indifference to the life of 

knowingly engages in any conduct 

recklessly causes the death of or seriou

to any person; and

(ii) for not more than 20 years in any othe

(2) paragraph (8) of subsection (a) of this section 

(A) a fine under this Title; and

(B) imprisonment–

(i) for not more than 20 years if the offens

object of the conspiracy is punishable und

(1)(B)(i); and

(ii) for not more than 10 years in any other ca

(c) The circumstances referred to in subsection (a) 

are that–

(1) the offense is committed in the United States 

maritime and territorial jurisdiction of the United 

special aircraft jurisdiction of the United States (

section 46501 of Title 49);

(2) an offender or a victim is–

(A) a national of the United States; or

(B) a United States corporation or other le
for the offense occurs outside the United States; or

(4) the conduct required for the offense occurs w

the carriage of a consignment of nuclear materi

byproduct mater by any means of transportation in

beyond the territory of the state where the shipm

beginning with the departure from a facility of the s

state and ending with the arrival at a facility of the r

the state of ultimate destination and either of such 

United States; or 

(5) either–

(A) the governmental entity under subsectio

United States; or

(B) the threat under subsection (a)(6) is d

United States

(d) The Attorney General may request assistan

Secretary of Defense under Chapter 18 of Title 10 in th

of this section and the Secretary of Defense may 

assistance in accordance with Chapter 18 of Title 10, e

Secretary of Defense may provide such assistance 

Department of Defense personnel.

(e)(1) The Attorney General may also request assist

Secretary of Defense under this subsection in the enfor

section. Notwithstanding section 1385 of this Title, th

Defense may, in accordance with other applicable law, 

assistance to the Attorney General if–

(A) an emergency situation exists (as jointly 

the Attorney General and the Secretary of De

discretion); and

(B) the provision of such assistance will not ad

the military preparedness of the United States (

by the Secretary of Defense in such Secretary’s d

(2) As used in this subsection, the term “emerge

means a circumstance–

(A) that poses a serious threat to the interests 

States; and

(B) in which–

(i) enforcement of the law would be serio

if the assistance were not provided; and

(ii) civilian law enforcement personnel a

of enforcing the law.

(3) Assistance under this section may include–

(A) use of personnel of the Department of De

persons and conduct searches and seizures w

violations of this section; and

(B) such other activity as is incidental to the e

this section, or to the protection of persons or 

conduct that violates this section.

(4) The Secretary of Defense may require reimb

condition of assistance under this section.

(5) The Attorney General may delegate the Attor

function under this subsection only to a Deputy, 

Assistant Attorney General.

10 USC 371 et 

seq.

18 USC 1385

Emergency 

situation.
(A) plutonium;

(B) uranium not in the form of ore or or

contains the mixture of isotopes as occurring in n

(C) enriched uranium, defined as uranium tha

isotope 233 or 235 or both in such amount that t

ratio of the sum of those isotopes to the isotope 

than the ratio of the isotope 235 to the isotope 23

nature; or

(D) uranium 233;

(2) the term “nuclear byproduct material” mean

containing any radioactive isotope created through 

process in the operation of a nuclear reactor or accel

(3) the term “international organization” me

international organization designated as such pursua

of the International Organizations Immunities Act (2

a public organization created pursuant to treaty or ot

under international law as an instrument through or 

or more foreign governments engage in some a

conduct of international affairs;

(4) the term “serious bodily injury” means bodily 

involves–

(A) a substantial risk of death;

(B) extreme physical pain;

(C) protracted and obvious disfigurement; or

(D) protracted loss or impairment of the funct

member, organ, or mental faculty;

(5) the term “bodily injury” means–

(A) a cut, abrasion, bruise, burn, or disfigurem

(B) physical pain;

(C) illness;

(D) impairment of a function of a bodily mem

mental faculty; or

(E) any other injury to the body, no matter ho

(6) the term “national of the United States” 

meaning as in section 101(a)(22) of the Imm

Nationality Act (8 USC 1101(a)(22)); and

(7) the term “United States corporation or othe

means any corporation or other entity organized und

the United States or any State, Commonwea

possession, or district of the United States.
Adopted September 26, 1986, Entered into Force October 27, 

THE STATES PARTIES TO THIS CONVENTION,

AWARE that nuclear activities are being carried out in a number of Sta

NOTING THAT comprehensive measures have been and are being tak

high level of safety in nuclear activities, aimed at preventing nuclear 

minimizing the consequences of any such accident, should it occur,

DESIRING to strengthen further international co-operation on the safe 

and use of nuclear energy,

CONVINCED of the need for States to provide relevant information 

accidents as early as possible in order that transboundary radiological con

be minimized,

NOTING the usefulness of bilateral and multilateral arrangements o

exchange in this area,

HAVE AGREED as follows:

Article 1–Scope of Application

1. This Convention shall apply in the event of any accident involvin

activities of a State Party or of persons or legal entities under its jurisdicti

referred to in paragraph 2 below, from which a release of radioactive materi

likely to occur and which has resulted or may result in an international 

release that could be of radiological safety significance for another State.

2. The facilities and activities referred to in paragraph 1 are the follo

(a) any nuclear reactor wherever located;

(b) any nuclear fuel cycle facility;

(c) any radioactive waste management facility;

(d) the transport and storage of nuclear fuels or radioactive wastes;

(e) the manufacture, use, storage, disposal and transport of rad

agricultural, industrial, medical and related scientific and research purposes

(f) the use of radioisotopes for power generation in space objects.

Article 2–Notification and Information

In the event of an accident specified in article 1 (hereinafter referred to 

accident”), the State Party referred to in that article shall:

(a) forthwith notify, directly or through the International Atomic E

(hereinafter referred to as the “Agency”), those States which are or may 

affected as specified in article 1 and the Agency of the nuclear accident, 

time of its occurrence and its exact location where appropriate; and

(b) promptly provide the States referred to in subparagraph (a), direc

the Agency, and the Agency with such available information relevant to m

radiological consequences in those States, as specified in article 5.

Article 3–Other Nuclear Accidents

With a view to minimizing the radiological consequences, States Parties 

the event of nuclear accidents other than those specified in article 1.

Article 4–Functions of the Agency

The Agency shall:

(a) forthwith inform States Parties, Member States, other States wh

be physically affected as specified in article 1 and relevant international inter

organizations (hereinafter referred to as “international organizations”) of 

received pursuant to subparagraph (a) of article 2; and
of article 2.

Article 5–Information to be Provided

1. The information to be provided pursuant to subparagraph (b) of 

comprise the following data as then available to the notifying State Party:

(a) the time, exact location where appropriate, and the nature o

accident;

(b) the facility or activity involved;

(c) the assumed or established cause and the foreseeable develo

nuclear accident relevant to the transboundary release of the radioactive ma

(d) the general characteristics of the radioactive release, includin

practicable and appropriate, the nature, probable physical and chemical 

quantity, composition and effective height of the radioactive release;

(e) information on current and forecast meteorological and 

conditions, necessary for forecasting the transboundary release of th

materials;

(f) the results of environmental monitoring relevant to the transbou

of the radioactive materials;

(g) the off-site protective measures taken or planned;

(h) the predicted behavior over time of the radioactive release.

2. Such information shall be supplemented as appropriate interv

relevant information on the development of the emergency situation, 

foreseeable or actual termination.

3. Information received pursuant to sub-paragraph (b) of article 2 

without restriction, except when such information is provided in confi

notifying State Party.

Article 6–Consultations

A State Party providing information pursuant to subparagraph (b) of art

far as is reasonably practicable, response promptly to a request for further i

consultations sought by an affected State Party with a view to minimizing th

consequences in that State.

Article 7–Competent Authorities and Points of Contact

1. Each State Party shall make known to the Agency and to other 

directly or through the Agency, its competent authorities and point of conta

for issuing and receiving the notification and information referred to in arti

2. Such points of contact and a focal point within the Agency sha

continuously. 2. Each State Party shall promptly inform the Agency of any 

may occur in the information referred to in paragraph 1.

3. The Agency shall maintain an up-to-date list of such national a

points of contact as well as points of contact of relevant international orga

shall provide it to States Parties and Member States and to relevant 

organizations.

Article 8–Assistance to State Parties

The Agency shall, in accordance with its Statute and upon a request o

which does not have nuclear activities itself and borders on a State hav

nuclear programme but not Party, conduct investigations into the f

establishment of an appropriate radiation monitoring system in order to 

achievement of the objectives of this Convention.
appropriate, the conclusion of bilateral or multilateral arrangements relating 

matter of this Convention.

Article 10–Relationship to Other International Agreement

This Convention shall not affect the reciprocal rights and obligations of 

under existing international agreements which relate to the matters co

Convention, or under future international agreements concluded in accord

object and purpose of this Convention.

Article 11–Settlement of Disputes

1. In the event of a dispute between States Parties, or between a State 

Agency, concerning the interpretation or application of this Convention, the 

dispute shall consult with a view to the settlement of the dispute by negotia

other peaceful means of settling disputes acceptable to them.

2. If a dispute of this character between States Parties cannot be sett

year from the request for consultation pursuant to paragraph 1, it shall, at 

any party to such dispute, be submitted to arbitration or referred to the Inter

of Justice for decision. Where a dispute is submitted to arbitration, if, with

from the date of the request, the parties to the dispute are unable to 

organization of the arbitration, a party may request the President of the Inter

of Justice or the Secretary-General of the United Nations to appoint 

arbitrators. In cases of conflicting requests by the parties to the dispute, the 

Secretary-General of the United Nations shall have priority.

3. When signing, ratifying, accepting, approving or acceding to this 

State may declare that it does not consider itself bound by either or both 

settlement procedures provided for in paragraph 2. The other States Partie

bound by a dispute settlement procedure provided for in paragraph 2 wit

State Party for which such a declaration is in force.

4. A State Party which made a declaration in accordance with parag

any time withdraw it by notification to the depositary.

Article 12–Entry into Force

1. This Convention shall be open for signature by all States 

represented by the United Nations Council for Namibia, at the Headq

International Atomic Energy Agency in Vienna and at the Headquarters 

Nations in New York, from 26 September 1986 and 6 October 1986 respec

entry into force or for twelve months, whichever period is longer.

2. A State and Namibia, represented by the United Nations Counci

may express its consent to be bound by this Convention either by signature

of an instrument of ratification, acceptance or approval following signature 

to ratification, acceptance or approval, or by deposit of an instrument of a

instruments of ratification, acceptance, approval or accession shall be depo

depositary.

3. This Convention shall enter into force thirty days after consent to 

been expressed by three States.

4. For each State expressing consent to be bound by this Convention 

into force, this Convention shall enter into force for that State thirty days af

expression of consent.

5. (a) This Convention shall be open for accession, as provided for 

by international organizations and regional integration organizations c

sovereign States, which have competence in respect of the negotiation, c

application of international agreements in matters covered by this Conventi
States Parties.

(c) When depositing its instrument of accession, such an orga

communicate to the depositary a declaration indicating the extent of its c

respect of matters covered by this Convention.

(d) Such an organization shall not hold any vote additional to those 

States.

Article 13–Provisional Application

A State may, upon signature or at any later date before this Conventi

force for it, declare that it will apply this Convention provisionally.

Article 14–Amendments

1. A State Party may propose amendments to this Convention. 

amendment shall be submitted to the depositary who shall circulate it imm

other States Parties.

2. If a majority of the States Parties request the depositary to conven

to consider the proposed amendments, the depositary shall invite all Sta

attend such a conference to begin not sooner than thirty days after the i

issued. Any amendment adopted at the conference by a two-thirds majorit

Parties shall be laid down in a protocol which is open to signature in Vie

York by all States Parties.

3. The protocol shall enter into force thirty days after consent to be b

expressed by three States. For each State expressing consent to be bound b

after its entry into force, the protocol shall enter into force for that State th

the date of expression of consent.

Article 15–Denunciation

1. A State Party may denounce this Convention by written notif

depositary.

2. Denunciation shall take effect one year following the date 

notification is received by the depositary.

Article 16–Depositary

1. The Director General of the Agency shall be the depositary of thi

2. The Director General of the Agency shall promptly notify States 

other States of:

(a) each signature of this Convention or any protocol of amendment

(b) each deposit of an instrument of ratification, acceptance, approva

concerning this Convention or any protocol of amendment;

(c) any declaration or withdrawal thereof in accordance with article 

(d) any declaration of provisional application of this Convention 

with article 13;

(e) the entry into force of this Convention and of any amendment th

(f) any denunciation made under article 15.

Article 17–Authentic Texts and Certified Copies

The original of this Convention, of which the Arabic, Chinese, En

Russian and Spanish texts are equally authentic, shall be deposited with 

General of the International Atomic Energy Agency who shall send certi

States Parties and all other States.

IN WITNESS WHEREOF the undersigned, being duly authorized

this Convention, open for signature as provided for in paragraph 1 of articl
nine hundred and eighty-six.
Signature, Ratification, Acceptance, Approval, or Accession by S

Organizations

Country/

Organization

Date of

Signature

Means/Date of Deposit of 

Expression of Consent to be 

Bound

D W 

Albania accession Sep 30, 2003 

Algeria Sep 24, 1987 ratification Jan 15, 2004  

Angola accession Dec 22, 2004 

Argentina accession Jan 17, 1990  

Armenia accession Aug 24, 1993 

Australia Sep 26, 1986 ratification Sep 22, 1987  

Austria Sep 26, 1986 ratification Feb 18, 1988 

Bahamas Sep 26, 1986 

Bahrain accession May 05, 2011  

Bangladesh accession Jan 07, 1988 

Belarus Sep 26, 1986 ratification Jan 26, 1987  

Belgium Sep 26, 1986 ratification Jan 04, 1999 

Bolivia accession Aug 22, 2003  

Bosnia and

 Herzegovina

succession Jun 30, 1998 

Botswana accession Nov 11, 2011 

Brazil Sep 26, 1986 ratification Dec 04, 1990 

Bulgaria Sep 26, 1986 ratification Feb 24, 1988   

Burkina Faso accession Aug 07, 2014 

Cambodia accession Apr 05, 2012 

Cameroon Sep 25, 1987 ratification Jan 17, 2006 

Canada Sep 26, 1986 ratification Jan 18, 1990  

Chile Sep 26, 1986 ratification Nov 15, 2005 

China Sep 26, 1986 ratification Sep 10, 1987  

Colombia accession Mar 28, 2003 

Costa Rica Sep 26, 1986 ratification Sep 16, 1991 

Côte d’Ivoire Sep 26, 1986

Croatia succession Sep 29, 1992 

Cuba Sep 26, 1986 ratification Jan 08, 1991  

Cyprus accession Jan 04, 1989 

Czech Republic succession Mar 24, 1993 

Dem. P.R. of 

Korea

Sep 29, 1986 

Dem. Republic of

 the Congo

Sep 30, 1986

Denmark Sep 26, 1986 signature Sep 26, 1986 

Dominican

 Republic

accession Apr 29, 2010 

Egypt Sep 26, 1986 ratification Jul 06, 1988  

El Salvador accession Jan 26, 2005  

Estonia accession May 09, 1994 

Finland Sep 26, 1986 approval Dec 11, 1986 

France Sep 26, 1986 approval Mar 06, 1989  

Gabon accession Feb 19, 2008 

Georgia accession Oct 06, 2010 
Bound

Germany Sep 26, 1986 ratification Sep 14, 1989 

Greece Sep 26, 1986 ratification Jun 06, 1991  

Guatemala Sep 26, 1986 ratification Aug 08, 1988 

Holy See Sep 26, 1986

Hungary Sep 26, 1986 ratification Mar 10, 1987 

Iceland Sep 26, 1986 ratification Sep 27, 1989 

India Sep 29, 1986 ratification Jan 28, 1988 

Indonesia Sep 26, 1986 ratification Nov 12, 1993 

Iran, Islamic

 Republic of

Sep 26, 1986 ratification Oct 09, 2000  

Iraq Aug 12, 1987 ratification Jul 21, 1988 

Ireland Sep 26, 1986 ratification Sep 13, 1991 

Israel Sep 26, 1986 ratification May 25, 1989 

Italy Sep 26, 1986 ratification Feb 08, 1990 

Japan Mar 06, 1987 acceptance Jun 09, 1987 

Jordan Oct 02, 1986 ratification Dec 11, 1987 

Kazakhstan accession Mar 10, 2010 

Korea, Republic

 of

accession Jun 08, 1990 

Kuwait accession May 13, 2003 

Lao P.D.R. accession May 10, 2013 

Latvia accession Dec 28, 1992 

Lebanon Sep 26, 1986 ratification Apr 17, 1997 

Lesotho accession Sep 17, 2013 

Libya accession Aug 13, 2009 

Liechtenstein Sep 26, 1986 ratification Apr 19, 1994 

Lithuania accession Nov 16, 1994 

Luxembourg Sep 26, 1986 ratification Sep 26, 2000 

Malaysia Sep 01, 1987 signature Sep 01, 1987 

Mali Oct 01, 1986 ratification Oct 01, 2007 

Mauritania accession Sep 19, 2011 

Mauritius accession Aug 17, 1992 

Mexico Sep 26, 1986 ratification May 10, 1988 

Monaco Sep 26, 1986 approval Jul 19, 1989 

Mongolia Jan 08, 1987 ratification Jun 11, 1987 

Montenegro successionMar 21, 2007 

Morocco Sep 26, 1986 ratification Oct 07, 1993 

Mozambique accession Oct 30, 2009 

Myanmar accession Dec 18, 1997 

Netherlands Sep 26, 1986 acceptance Sep 23, 1991 

New Zealand accession Mar 11, 1987 

Nicaragua accession Nov 11, 1993 

Niger Sep 26, 1986

Nigeria Jan 21, 1987 ratification Aug 10, 1990 

Norway Sep 26, 1986 signature Sep 26, 1986 

Oman accession Jul 09, 2009 

Pakistan accession Sep 11, 1989 

Panama Sep 26, 1986 ratification Apr 01, 1999 

Paraguay Oct 02, 1986 ratification Feb 06, 2013 
Bound

Peru accession Jul 17, 1995  

Philippines accession May 05, 1997 

Poland Sep 26, 1986 ratification Mar 24, 1988   

Portugal Sep 26, 1986 ratification Apr 30, 1993 

Qatar accession Nov 04, 2005 

Republic of 

 Moldova

accession May 07, 1998 

Romania accession Jun 12, 1990  

Russian 

Federation

Sep 26, 1986 ratification Dec 23, 1986  

St. Vincent and

 Grenadines

accession Sep 18, 2001 

Saudi Arabia accession Nov 03, 1989  

Senegal Jun 15, 1987 ratification Dec 24, 2008 

Serbia succession Feb 05, 2002 

Sierra Leone Mar 25, 1987

Singapore accession Dec 15, 1997 

Slovakia succession Feb 10, 1993  

Slovenia succession Jul 07, 1992 

South Africa Aug 10, 1987 ratification Aug 10, 1987  

Spain Sep 26, 1986 ratification Sep 13, 1989  

Sri Lanka accession Jan 11, 1991  

Sudan Sep 26, 1986

Sweden Sep 26, 1986 ratification Feb 27, 1987 

Switzerland Sep 26, 1986 ratification May 31, 1988 

Syrian Arab

 Republic

Jul 02, 1987

Tajikistan accession Sep 01, 2011 

Thailand Sep 25, 1987 ratification Mar 21, 1989  

The Fmr.Yug.

 Rep. of

 Macedonia

succession Sep 20, 1996 

Tunisia Feb 24, 1987 ratification Feb 24, 1989 

Turkey Sep 26, 1986 ratification Jan 03, 1991  

Ukraine Sep 26, 1986 ratification Jan 26, 1987  

United Arab

 Emirates

accession Oct 02, 1987  

United Kingdom Sep 26, 1986 ratification Feb 09, 1990  

United Republic

 of Tanzania

accession Jan 27, 2005 

United States of

 America

Sep 26, 1986 ratification Sep 19, 1988  

Uruguay accession Dec 21, 1989 

Venezuela accession Sep 22, 2014  

Viet Nam accession Sep 29, 1987  

Zimbabwe Sep 26, 1986

EURATOM accession Nov 14, 2006  
Bound

 Agriculture

 Org. (FAO)

 

World Health 

Org. (WHO)

accession Aug 10, 1988  

World

 Meteorological

 Org. (WMO)

accession Apr 17, 1990  

”D” denotes Declaration etc. / “W” denotes Withdrawal.

Note: The Convention entered into force on October 27, 1986, i.e. thirty days afte

which the third State expressed their consent to be bound, pursuant to Artic

Number of Parties: 119 (subject to Entry Into Force date)

Signatories: 69

Last change of status: September 22, 2014
Adopted September 20, 1994, Entered into Force October 27, 

Preamble

The Contracting Parties,

(i) Aware of the importance to the international community of ensuring 

nuclear energy is safe, well regulated and environmentally sound;

(ii) Reaffirming the necessity of continuing to promote a high level of 

worldwide;

(iii) Reaffirming that responsibility for nuclear safety rests with the 

jurisdiction over a nuclear installation;

(iv) Desiring to promote an effective nuclear safety culture;

(v) Aware that accidents at nuclear installations have the potential for 

impacts;

(vi) Keeping in mind the Convention on the Physical Protection of Nu

(1979), the Convention on Early Notification of a Nuclear Accident (1

Convention on Assistance in the Case of a Nuclear Accident or Radiologic

(1986);

(vii) Affirming the importance of international cooperation for the en

nuclear safety through existing bilateral and multilateral mechani

establishment of this incentive Convention;

(viii) Recognizing that this Convention entails a commitment to the 

fundamental safety principles for nuclear installations rather than of d

standards and that there are internationally formulated safety guidelines whi

from time to time and so can provide guidance on contemporary means o

high level of safety;

(ix) Affirming the need to begin promptly the development of an 

convention on the safety of radioactive waste management as soon as the on

to develop waste management safety fundamentals has resulted in broad 

agreement;

(x) Recognizing the usefulness of further technical work in connection w

of other parts of the nuclear fuel cycle, and that this work may, in time

development of current or future international instruments;

Have agreed as follows:

Chapter 1

Objectives, Definitions, and Scope

of Application

Article 1–Objectives

The objectives of this Convention are:

(i) to achieve and maintain a high level of nuclear safety worldwid

enhancement of national measures and international co-operation incl

appropriate, safety-related technical co-operation;

(ii) to establish and maintain effective defenses in nuclear install

potential radiological hazards in order to protect individuals, society and th

from harmful effects of ionizing radiation from such installations;

(iii) to prevent accidents with radiological consequences and to 

consequences should they occur.

Article 2–Definitions

For the purpose of this Convention:

(i) “nuclear installation” means for each Contracting Party any land-base

power plant under its jurisdiction including such storage, handling and treat
fuel elements have been removed permanently from the reactor core and ha

safely in accordance with approved procedures, and a decommissioning pro

agreed to by the regulatory body;

(ii) “regulatory body” means for each Contracting Party any body or bo

legal authority by that Contracting Party to grant licences and to regulate the 

construction, commissioning, operation or decommissioning of nuclear ins

(iii) “licence” means any authorization granted by the regulatory body to 

to have the responsibility for the siting, design, construction, commissioning

decommissioning of a nuclear installation.

Article 3–Scope of Application

This Convention shall apply to the safety of nuclear installations.

Chapter 2

Obligations

(a) General Provisions

Article 4–Implementing Measures 

Each Contracting Party shall take, within the framework of its nati

legislative, regulatory and administrative measures and other steps 

implementing its obligations under this Convention.

Article 5–Reporting 

Each Contracting Party shall submit for review, prior to each meeting 

Article 20, a report on the measures it has taken to implement each of the 

this Convention.

Article 6–Existing Nuclear Installations 

Each Contracting Party shall take the appropriate steps to ensure that 

nuclear installations existing at the time the Convention enters into f

Contracting Party is reviewed as soon as possible. When necessary in the 

Convention, the Contracting Party shall ensure that all reasonabl

improvements are made as a matter of urgency to upgrade the safety o

installation. If such upgrading cannot be achieved, plans should be implem

down the nuclear installation as soon as practically possible. The timing of 

may take into account the whole energy context and possible alternatives 

social, environmental and economic impact.

(b) Legislation and Regulation

Article 7–Legislative And Regulatory Framework

1. Each Contracting Party shall establish and maintain a legislative a

framework to govern the safety of nuclear installations.

2. The legislative and regulatory framework shall provide for:

(i) the establishment of applicable national safety requ

regulations;

(ii) a system of licensing with regard to nuclear installations and t

of the operation of a nuclear installation without a license;

(iii) a system of regulatory inspection and assessment of nuclea

to ascertain compliance with applicable regulations and the terms of 

(iv) the enforcement of applicable regulations and of the term

including suspension, modification or revocation.
1. Each Contracting Party shall establish or designate a regulatory body 

the implementation of the legislative and regulatory framework referred t

and provided with adequate authority, competence and financial and huma

fulfill its assigned responsibilities.

2. Each Contracting Party shall take the appropriate steps to ensur

separation between the functions of the regulatory body and those of any 

organization concerned with the promotion or utilization of nuclear energy

Article 9–Responsibility of the License Holder

Each Contracting Party shall ensure that prime responsibility for the safe

installation rests with the holder of the relevant license and shall take the app

to ensure that each such license holder meets its responsibility.

(c) General Safety Considerations

Article 10–Priority to Safety 

Each Contracting Party shall take the appropriate steps to ensure that all 

engaged in activities directly related to nuclear installations shall establis

give due priority to nuclear safety.

Article 11–Financial and Human Resources 

1. Each Contracting Party shall take the appropriate steps to ensure 

financial resources are available to support the safety of each nucle

throughout its life.

2. Each Contracting Party shall take the appropriate steps to ensure 

numbers of qualified staff with appropriate education, training and retrainin

for all safety-related activities in or for each nuclear installation, throughou

Article 12–Human Factors

Each Contracting Party shall take the appropriate steps to ensure that th

and limitations of human performance are taken into account throughou

nuclear installation.

Article 13–Quality Assurance

Each Contracting Party shall take the appropriate steps to ensure that qua

programs are established and implemented with a view to providing co

specified requirements for all activities important to nuclear safety are satisfi

the life of a nuclear installation.

Article 14–Assessment and Verification of Safety

Each Contracting Party shall take the appropriate steps to ensure that:

(i) comprehensive and systematic safety assessments are carried o

construction and commissioning of a nuclear installation and throughou

assessments shall be well documented, subsequently updated in the ligh

experience and significant new safety information, and reviewed unde

of the regulatory body;

(ii) verification by analysis, surveillance, testing and inspection is 

ensure that the physical state and the operation of a nuclear installation 

in accordance with its design, applicable national safety requirements, a

limits and conditions.
states the radiation exposure to the workers and the public caused by a nucle

shall be kept as low as reasonably achievable and that no individual shall 

radiation doses which exceed prescribed national dose limits.

Article 16–Emergency Preparedness

1. Each Contracting Party shall take the appropriate steps to ensure tha

site and off-site emergency plans that are routinely tested for nuclear ins

cover the activities to be carried out in the event of an emergency. For an

installation, such plans shall be prepared and tested before it commences op

a low power level agreed by the regulatory body.

2. Each Contracting Party shall take the appropriate steps to ensure that, 

are likely to be affected by a radiological emergency, its own popul

competent authorities of the States in the vicinity of the nuclear installation 

with appropriate information for emergency planning and response.

3. Contracting Parties which do not have a nuclear installation on t

insofar as they are likely to be affected in the event of a radiological em

nuclear installation in the vicinity, shall take the appropriate steps for the p

testing of emergency plans for their territory that cover the activities to be 

the event of such an emergency.

(d) Safety of Installations

Article 17–Siting

Each Contracting Party shall take the appropriate steps to ensure th

procedures are established and implemented:

(i) for evaluating all relevant site-related factors likely to affect t

nuclear installation for its projected lifetime;

(ii) for evaluating the likely safety impact of a proposed nuclear i

individuals, society and the environment;

(iii) for re-evaluating as necessary all relevant factors referred to in s

(i) and (ii) so as to ensure the continued safety acceptability of the nucle

(iv) for consulting Contracting Parties in the vicinity of a proposed nucle

insofar as they are likely to be affected by that installation and, upon req

the necessary information to such Contracting Parties, in order to en

evaluate and make their own assessment of the likely safety impact 

territory of the nuclear installation.

Article 18–Design and Construction

Each Contracting Party shall take the appropriate steps to ensure that:

(i) the design and construction of a nuclear installation provides for s

levels and methods of protection (defense in depth) against the release 

materials, with a view to preventing the occurrence of accidents and to m

radiological consequences should they occur;

(ii) the technologies incorporated in the design and construction 

installation are proven by experience or qualified by testing or analysis

(iii) the design of a nuclear installation allows for reliable, stab

manageable operation, with specific consideration of human factors 

machine interface.
(i) the initial authorization to operate a nuclear installation is b

appropriate safety analysis and a commissioning program demonstr

installation, as constructed, is consistent with design and safety requirem

(ii) operational limits and conditions derived from the safety anal

operational experience are defined and revised as necessary for id

boundaries for operation;

(iii) operation, maintenance, inspection and testing of a nuclear in

conducted in accordance with approved procedures;

(iv) procedures are established for responding to anticipate

occurrences and to accidents;

(v) necessary engineering and technical support in all safety re

available throughout the lifetime of a nuclear installation;

(vi) incidents significant to safety are reported in a timely manner by 

the relevant license to the regulatory body;

(vii) programs to collect and analyze operating experience are es

results obtained and the conclusions drawn are acted upon and 

mechanisms are used to share important experience with international b

other operating organizations and regulatory bodies;

(viii) the generation of radioactive waste resulting from the operat

installation is kept to the minimum practicable for the process conce

activity and in volume, and any necessary treatment and storage of spent 

directly related to the operation and on the same site as that of the nucle

take into consideration conditioning and disposal.

Chapter 3

Meetings of the Contracting Parties

Article 20–Review Meetings

1. The Contracting Parties shall hold meetings (hereinafter referred 

meetings”) for the purpose of reviewing the reports submitted pursuant t

accordance with the procedures adopted under Article 22.

2. Subject to the provisions of Article 24 sub-groups comprised of repr

Contracting Parties may be established and may function during the revie

deemed necessary for the purpose of reviewing specific subjects contained 

3. Each Contracting Party shall have a reasonable opportunity to discu

submitted by other Contracting Parties and to seek clarification of such rep

Article 21–Timetable

1. A preparatory meeting of the Contracting Parties shall be held not 

months after the date of entry into force of this Convention.

2. At this preparatory meeting, the Contracting Parties shall determine t

first review meeting. This review meeting shall be held as soon as possible

than thirty months after the date of entry into force of this Convention.

3. At each review meeting, the Contracting Parties shall determine the da

such meeting. The interval between review meetings shall not exceed three 

Article 22–Procedural Arrangements

1. At the preparatory meeting held pursuant to Article 21 the Contractin

prepare and adopt by consensus Rules of Procedure and Financial Rules. Th

Parties shall establish in particular and in accordance with the Rules of Pro

(i) guidelines regarding the form and structure of the reports to 

pursuant to Article 5;

(ii) a date for the submission of such reports;
arrangements established pursuant to subparagraphs (i)-(iii) above, and adop

consensus unless otherwise provided for in the Rules of Procedure. They m

the Rules of Procedure and the Financial Rules, by consensus. 

Article 23–Extraordinary Meetings

An extraordinary meeting of the Contracting Parties shall be held:

(i) if so agreed by a majority of the Contracting Parties present an

meeting, abstentions being considered as voting; or

(ii) at the written request of a Contracting Party, within six months 

having been communicated to the Contracting Parties and notification 

received by the secretariat referred to in Article 28, that the request has b

by a majority of the Contracting Parties.

Article 24–Attendance

1. Each Contracting Party shall attend meetings of the Contracting P

represented at such meetings by one delegate, and by such alternates, expert

as it deems necessary.

2. The Contracting Parties may invite, by consensus, any inter

organization which is competent in respect of matters governed by this C

attend, as an observers, any meeting, or specific sessions thereof. Obse

required to accept in writing, and in advance, the provisions of Article 27.

Article 25–Summary Reports

The Contracting Parties shall adopt, by consensus, and make available 

document addressing issues discussed and conclusions reached during a me

Article 26–Languages

1. The languages of meetings of the Contracting Parties shall be Ar

English, French, Russian and Spanish unless otherwise provided in 

Procedure.

2. Reports submitted pursuant to Article 5 shall be prepared in the nati

of the submitting Contracting Party or in a single designated language to be 

Rules of Procedure. Should the report be submitted in a national language 

designated language, a translation of the report into the designated lang

provided by the Contracting Party.

3. Notwithstanding the provisions of paragraph 2, if compensated, the s

assume the translation into the designated language of reports submitted 

language of the meeting.

Article 27–Confidentiality

1. The provisions of this Convention shall not affect the rights and obl

Contracting Parties under their law to protect information from disclo

purposes of this Article, “information” includes, inter alia:

(i) personal data;

(ii) information protected by intellectual property rights or by 

commercial confidentiality; and

(iii) information relating to national security or to the physical protec

materials or nuclear installations.

2. When, in the context of this Convention, a Contracting Party provide

identified by it as protected as described in paragraph 1, such information 

only for the purposes for which it has been provided and its confident

respected.
Article 28–Secretariat

1. The International Atomic Energy Agency, (hereinafter referred to as 

shall provide secretariat for the meetings of the Contracting Parties.

2. The secretariat shall:

(i) convene, prepare and service the meetings of the Contracting Par

(ii) transmit to the Contracting Parties information received o

accordance with the provisions of this Convention.

The costs incurred by the Agency in carrying out the functions r

subparagraphs (i) and (ii) above shall be borne by the Agency as part of its r

3. The Contracting Parties may, by consensus, request the Agency to 

services in support of meetings of the Contracting Parties. The Agency may 

services if they can be undertaken within its program and regular budget. S

be possible, the Agency may provide such services if voluntary funding is 

another source.

Chapter 4

Final Clauses and Other Provisions

Article 29–Resolution of Disagreements

In the event of a disagreement between two or more Contracting Parti

the interpretation or application of this Convention, the Contracting Partie

within the framework of a meeting of the Contracting Parties with a view to 

disagreement.

Article 30–Signature, Ratification, Acceptance, Approval, Acce

1. This Convention shall be open for signature by all States at the Head

Agency in Vienna from 20 September 1994 until its entry into force.

2. This Convention is subject to ratification, acceptance or approval by 

States.

3. After its entry into force, this Convention shall be open for accession 

4. (i) This Convention shall be open for signature or accession 

organizations of an integration or other nature, provided that any such o

constituted by sovereign States and has competence in respect of th

conclusion and application of international agreements in matters cov

Convention.

(ii) In matters within their competence, such organizations shall, 

behalf, exercise the rights and fulfill the responsibilities which this Conven

to States Parties.

(iii) When becoming party to this Convention, such an orga

communicate to the Depositary referred to in Article 34, a declaration ind

States are members thereof, which articles of this Convention apply to it, 

of its competence in the field covered by those articles.

(iv) Such an organization shall not hold any vote additional to those 

States.

5. Instruments of ratification, acceptance, approval or accession shall 

with the Depositary.

Article 31–Entry into Force

1. This Convention shall enter into force on the ninetieth day after the d

with the Depositary of the twenty-second instrument of ratification, 

approval, including the instruments of seventeen States, each having at lea

installation which has achieved criticality in a reactor core.
last instrument required to satisfy the conditions set forth paragraph 1, th

shall enter into force on the ninetieth day after the date of deposit with the 

the appropriate instrument by such a State or organization.

Article 32–Amendments to the Convention

1. Any Contracting Party may propose an amendment to this Convent

amendments shall be considered at a review meeting or an extraordinary m

2. The text of any proposed amendment and the reasons for it shall be p

Depositary who shall communicate the proposal to the Contracting Parties 

at least ninety days before the meeting for which it is submitted for consi

comments received on such a proposal shall be circulated by the Dep

Contracting Parties.

3. The Contracting Parties shall decide after consideration of the propose

whether to adopt it by consensus, or, in the absence of consensus, to 

Diplomatic Conference. A decision to submit a proposed amendment to 

Conference shall require a two-thirds majority vote of the Contracting Parti

voting at the meeting, provided that at least one half of the Contracting Part

at the time of voting. Abstentions shall be considered as voting.

4. The Diplomatic Conference to consider and adopt amendments to th

shall be convened by the Depositary and held no later than one year after t

decision taken in accordance with paragraph 3 of this Article. The Diplomat

shall make every effort to ensure amendments are adopted by consensus. S

be possible, amendments shall be adopted with a two-thirds majority of a

Parties.

5. Amendments to this Convention adopted pursuant to paragraphs 3 and 

be subject to ratification, acceptance, approval, or confirmation by the Cont

and shall enter into force for those Contracting Parties which have ratif

approved or confirmed them on the ninetieth day after the receipt by the De

relevant instruments by at least three fourths of the Contracting Parties. For 

Party which subsequently ratifies, accepts, approves or confirms the said am

amendments will enter into force on the ninetieth day after that Contrac

deposited its relevant instrument.

Article 33–Denunciation

1. Any Contracting Party may denounce this Convention by written noti

Depositary.

2. Denunciation shall take effect one year following the date of the 

notification by the Depositary, or on such later date as may be specified in th

Article 34–Depositary

1. The Director General of the Agency shall be the Depositary of this C

2. The Depositary shall inform the Contracting Parties of:

(i) the signature of this Convention and of the deposit of i

ratification, acceptance, approval or accession, in accordance with A

(ii) the date on which the Convention enters into force, in ac

Article 31;

(iii) the notifications of denunciation of the Convention and the 

made in accordance with Article 33;

(iv) the proposed amendments to this Convention submitted b

Parties, the amendments adopted by the relevant Diplomatic Confer

meeting of the Contracting Parties, and the date of entry into for

amendments, in accordance with Article 32.
Russian and Spanish texts are equally authentic, shall be deposited with th

who shall send certified copies thereof to the Contracting Parties.

IN WITNESS WHEREOF, the undersigned, being duly authorized to tha

signed this Convention. 

DONE AT VIENNA on the 20th day of September 1994.
Signature, Ratification, Acceptance, Approval, or Accessio

by States or Organizations

State/

Organization

Date of

Signature

Means and Date of

Expression of

Consent to be Bound

Albania Acceded Jun 29, 2011 Se

Algeria Sep 20, 1994 

Argentina* Oct 20, 1994 Ratified Apr 17, 1997 Ju

Armenia* Sep 22, 1994 Ratified Sep 21, 1998 D

Australia Sep 20, 1994 Ratified Dec 24, 1996 M

Austria a Sep 20, 1994 Ratified Aug 26, 1997 N

Bahrain Acceded Nov 11, 2010 Fe

Bangladesh Sep 21, 1995 Accepted Sep 21, 1995 O

Belarus Acceded Oct 29, 1998 Ja

Belgium* Sep 20, 1994 Ratified Jan 13, 1997 A

Bosnia and 

Herzegovina Acceded Jul 21, 2010 Se

Brazil* Sep 20, 1994 Ratified Mar 04, 1997 Ju

Bulgaria* Sep 20, 1994 Ratified Nov 08, 1995 O

Cambodia Acceded Apr 05, 2012 Ju

Canada* Sep 20, 1994 Ratified Dec 12, 1995 O

Chile Sep 20, 1994 Ratified Dec 20, 1996 M

China* Sep 20, 1994 Ratified Apr 09, 1996 O

Croatia Apr 10, 1995 Approved Apr 18, 1996 O

Cuba Sep 20, 1994

Cyprus Acceded Mar 17, 1999 Ju

Czech Republic* Sep 20, 1994 Approved Sep 18, 1995 O

Denmark Sep 20, 1994 Accepted Nov 13, 1998 Fe

Egypt Sep 20, 1994

Estonia Acceded Feb 03, 2006 M

Finland* Sep 20, 1994 Accepted Jan 22, 1996 O

France* Sep 20, 1994 Approved Sep 13, 1995 O

Germany* Sep 20, 1994 Ratified Jan 20, 1997 A

Ghana Jul 06, 1995 Ratified Jun 01, 2011 A

Greece Nov 01, 1994 Ratified Jun 20, 1997 Se

Hungary* Sep 20, 1994 Ratified Mar 18, 1996 O

Iceland Sep 21, 1995 Ratified Jun 04, 2008 Se

India* Sep 20, 1994 Ratified Mar 31, 2005 Ju

Indonesia Sep 20, 1994 Ratified Apr 12, 2002 Ju

Ireland Sep 20, 1994 Ratified Jul 11, 1996 O

Israel Sep 22, 1994

Italy Sep 27, 1994 Ratified Apr 15, 1998 Ju

Japan* Sep 20, 1994 Accepted May 12, 1995 O

Jordan Dec 06, 1994 Ratified Jun 12, 2009 Se

Kazakhstan* Sep 20, 1996 Ratified Mar 10, 2010 Ju

Korea*, Republic of Sep 20, 1994 Ratified Sep 19, 1995 O

Kuwait Acceded May 11, 2006 A

Latvia Acceded Oct 25, 1996 Ja

Lebanon Mar 07, 1995 Ratified Jun 05, 1996 O

Libya Acceded Aug 13, 2009 N
Consent to be Bound

Lithuania* Mar 22, 1995 Ratified Jun 12, 1996 O

Luxembourg Sep 20, 1994 Ratified Apr 07, 1997 Ju

Mali May 22, 1995 Ratified May 13, 1996 O

Malta Acceded Nov 15, 2007 Fe

Mexico* Nov 09, 1994 Ratified Jul 26, 1996 O

Monaco Sep 16, 1996

Morocco Dec 01, 1994

Netherlands*,b Sep 20, 1994 Accepted Oct 15, 1996 Ja

Nicaragua Sep 23, 1994

Nigeria Sep 21, 1994 Ratified Apr 04, 2007 Ju

Norway Sep 21, 1994 Ratified Sep 29, 1994 O

Oman Acceded May 28, 2013 A

Pakistan* Sep 20, 1994 Ratified Sep 30, 1997 D

Paraguay Acceded Jan 09, 2014 A

Peru Sep 22, 1994 Ratified Jul 01, 1997 Se

Philippines Oct 14, 1994

Poland Sep 20, 1994 Ratified Jun 14, 1995 O

Portugal Oct 03, 1994 Ratified May 20, 1998 A

Republic of Moldova Acceded May 07, 1998 A

Romania* Sep 20, 1994 Ratified Jun 01, 1995 O

Russian Federation* Sep 20, 1994 Accepted Jul 12, 1996 O

Saudi Arabia Acceded Mar 18, 2010 Ju

Senegal Acceded Dec 24, 2008 M

Singapore Acceded Dec 15, 1997 M

Slovakia* Sep 20, 1994 Ratified Mar 07, 1995 O

Slovenia* Sep 20, 1994 Ratified Nov 20, 1996 Fe

South Africa* Sep 20, 1994 Ratified Dec 24, 1996 M

Spain* Nov 15, 1994 Ratified Jul 04, 1995 O

Sri Lanka Acceded Aug 11, 1999 N

Sudan Sept 20, 1994

Sweden* Sep 20, 1994 Ratified Sep 11, 1995 O

Switzerland* Oct 31, 1995 Ratified Sep 12, 1996 D

Syrian Arab Repub. Sep 23, 1994

The Frmr. Yug, Rep.

 of Macedonia

Acceded Mar 15, 2006 Ju

Tunisia Sep 20, 1994 Ratified Apr 21, 2010 20 

Turkey Sep 20, 1994 Ratified Mar 08, 1995 O

Ukraine* Sep 20, 1994 Ratified Apr 08, 1998 Ju

United Arab 

Emirates Acceded Jul 31, 2009 O

United Kingdom*,c Sep 20, 1994 Ratified Jan 17, 1996 O

United States of 

America*

Sep 20, 1994 Ratified Apr 11, 1999 Ju

Uruguay Feb 28, 1996 Ratified Sep 03, 2003 D

Viet Nam Acceded Apr 16, 2010 Ju

EURATOM Acceded Jan 31, 2000 A

* Indicates that the State has at least one nuclear installation which has achie

in a reactor core; sources: Table 1 “Nuclear Power Reactors in Operati
On 9 April 1999, Austria deposited an objection to reservation by Uk

b for the Kingdom in Europe.

c for the United Kingdom of Great Britain and Northern Ireland, the 

Guernsey, the Bailiwick of Jersey and the Isle of Man.

Notes: The Convention, pursuant to Article 31.1, entered into force on the 

after the date of deposit with the Depositary of the twenty-second 

ratification, acceptance or approval, including the instruments of seventee

having at least one nuclear installation which has achieved criticality in a 

i.e., October 24, 1996.

Number of Parties: 77 (subject to Entry Into Force date)

Signatories: 65

Last change of status: January 09, 2014
ADOPTED SEPTEMBER 26, 1986

THE STATES PARTIES TO THIS CONVENTION,

AWARE that nuclear activities are being carried out in a number of Sta

NOTING THAT comprehensive measures have been and are being tak

high level of safety in nuclear activities, aimed at preventing nuclear 

minimizing the consequences of any such accident, should it occur,

DESIRING to strength further international co-operation in the safe dev

use of nuclear energy,

CONVINCED of the need for an international framework which wil

prompt provision of assistance in the event of a nuclear accident o

emergency to mitigate its consequences,

NOTING the usefulness of bilateral and multilateral arrangemen

assistance in this area,

NOTING the activities of the International Atomic Energy Agency 

guidelines for mutual emergency assistance arrangements in connection w

accident or radiological emergency,

HAVE AGREED as follows:

Article 1–General Provisions

1. The States Parties shall cooperate between themselves and with th

Atomic Energy Agency (hereinafter referred to as the “Agency”) in accord

provisions of this Convention to facilitate prompt assistance in the even

accident or radiological emergency to minimize its consequences and t

property and the environment from the effects of radioactive releases.

2. To facilitate such cooperation States Parties may agree on 

multilateral arrangements or, where appropriate, a combination of these, for 

minimizing injury and damage which may result in the event of a nucle

radiological emergency.

3. The States Parties request the Agency, acting within the framework 

to use its best endeavours in accordance with the provisions of this Conventi

facilitate and support the cooperation between States Parties provide

Convention.

Article 2–Provisions of Assistance

1. If a State Party needs assistance in the event of a nuclear accident o

emergency, whether or not such accident or emergency originates withi

jurisdiction or control, it may call for such assistance from any other State 

or through the Agency, and from the Agency, or, where appropriate

international intergovernmental organizations (hereinafter referred to as 

organizations”).

2. A State Party requesting assistance shall specify the scope and typ

required and, where practicable, provide the assistance party with such infor

be necessary for that party to determine the extent to which it is able to me

In the event that it is not practicable for the requesting State Party to specify 

type of assistance required, the requesting State Party and the assisting 

consultation, decide upon the scope and type of assistance required.

3. Each State Party to which a request for such assistance is directed 

decide and notify the requesting State Party, directly or through the Agency

in a position to render the assistance requested, and the scope and terms of 

that might be rendered.
provision of assistance to other States Parties in the event of a nuclea

radiological emergency as well as the terms, especially financial, unde

assistance could be provided.

5. Any State Party may request assistance relating to medical 

temporary relocation into the territory of another State Party of people 

nuclear accident or radiological emergency.

6. The Agency shall respond, in accordance with its Statute and as p

this Convention, to a requesting State Party’s or a Member State’s request 

in the event of a nuclear accident or radiological emergency by:

(a) making appropriate resources allocated for this purpose;

(b) transmitting promptly the request to other States and international 

which, according to the Agency’s information, may possess the necessary r

(c) if so requested by the requesting State, coordinating the ass

international level which may thus become available.

Article 3–Direction and Control of Assistance

Unless otherwise agreed:

(a) the overall direction, control, co-ordination and supervision of 

shall be the responsibility within its territory of the requesting State. The 

should, where the assistance involves personnel, designate in consulta

requesting State, the person who should be in charge of and retain immedia

supervision over the personnel and the equipment provided by it. The desi

should exercise such supervision in cooperation with the appropriate auth

requesting State;

(b) the requesting State shall provide, to the extent of its capabilities, 

and services for the proper and effective administration of the assistance

ensure the protection of personnel, equipment and materials brought into i

or on behalf of the assisting party for such purpose;

(c) ownership of equipment and materials provided by either par

periods of assistance shall be unaffected, and their return shall be ensured;

(d) a State Party providing assistance in response to a request under p

article 2 shall co-ordinate that assistance within its territory.

Article 4–Competent Authorities and Points of Contact

1. Each State Party shall make known to the Agency and to other 

directly or through the Agency, its competent authorities and point of cont

to make and receive requests for and to accept offers of assistance. Such po

and a focal point within the Agency shall be available continuously.

2. Each State Party shall promptly inform the Agency of any cha

occur in the information referred to in paragraph 1.

3. The Agency shall regularly and expeditiously provide to States Pa

States and relevant international organizations the information referred to in 

and 2.

Article 5–Functions of the Agency

The States Parties request the Agency, in accordance with paragraph 3 o

without prejudice to other provisions of this Convention, to:

(a) collect and disseminate to States Parties and Member State

concerning:

(i) experts, equipment and materials which could be m

in the event of nuclear accidents or radiological emergencies;

(ii) methodologies, techniques and available result

relating to response to nuclear accidents or radiological emergen
(i) preparing both emergency plans in the case of nuc

and radiological emergencies and the appropriate legislation;

(ii) developing appropriate training programmes for 

deal with nuclear accidents and radiological emergencies;

(iii) transmitting requests for assistance and relevant 

the event of nuclear accident or radiological emergency;

(iv) developing appropriate radiation monitoring 

procedures and standards;

(v) conducting investigations into the feasibility o

appropriate radiation monitoring systems; and public

(c) make available to a State Party or a Member State requesting as

event of a nuclear accident or radiological emergency appropriate resource

the purpose of conducting an initial assessment of the accident or emergenc

(d) offer its good offices to the States Parties and Member States in 

nuclear accident or radiological emergency;

(e) establish and maintain liaison with relevant international organi

purposes of obtaining and exchanging relevant information and data, and 

such organizations available to States Parties, Member States and the af

organizations.

Article 6–Confidentiality and Public Statements

1. The requesting State and the assisting party shall protect the con

any confidential information that becomes available to either of them in co

the assistance in the event of a nuclear accident or radiological eme

information shall be used exclusively for the purpose of the assistance agre

2. The assisting party shall make every effort to coordinate with 

State before releasing information to the public on the assistance provided 

with a nuclear accident or radiological emergency.

Article 7–Reimbursement of Costs

1. An assisting party may offer assistance without costs to the req

When considering whether to offer assistance on such a basis, the assisting p

into account:

(a) the nature of the nuclear accident or radiological emergency;

(b) the place of origin of the nuclear accident or radiological em

(c) the needs of developing countries;

(d) the particular needs of countries without nuclear facilities

(e) any other relevant factors.

2. When assistance is provided wholly or partly on a reimbursem

requesting State shall reimburse the assisting party for the costs incurred fo

rendered by persons or organizations acting on its behalf, and for al

connection with the assistance to the extent that such expenses are not dir

by the requesting State. Unless otherwise agreed, reimbursement shall 

promptly after the assisting party has presented its request for reimbur

requesting State, and in respect of costs other than local costs, shall be freel

3. Notwithstanding paragraph 2, the assisting party may at any time w

to the postponement of, the reimbursement in whole or in part. In considerin

or postponement, assisting parties shall give due consideration to the needs 

countries.
personnel acting on its behalf the necessary privileges, immunities and fa

performance of their assistance functions.

2. The requesting State shall afford the following privileges and 

personnel of the assisting party or personnel acting on its behalf who ha

notified to and accepted by the requesting State:

(a) immunity from arrest, detention and legal process, including crim

administrative jurisdiction, of the requesting State, in respect of acts o

the performance of their duties; and

(b) exemption from taxation, duties or other charges, except tho

normally incorporated in the price of goods or paid for services rendered

the performance of their assistance functions.

3. The requesting State shall:

(a) afford the assisting party exemption from taxation, duties or oth

the equipment and property brought into the territory of the requestin

assisting party for the purpose of the assistance; and

(b) provide immunity from seizure, attachment, or requisition of su

and property.

4. The requesting State shall ensure the return of such equipment an

requested by the assisting party, the requesting State shall arrange, to the e

to do so, for the necessary decontamination of recoverable equipment in

assistance before its return.

5. The requesting State shall facilitate the entry into, stay in and dep

national territory of personnel notified pursuant to paragraph 2 and of e

property involved in the assistance.

6. Nothing in this article shall require the require the requesting St

its nationals or permanent residents with the privileges and immunities prov

foregoing paragraphs.

7. Without prejudice to the privileges and immunities, all benefici

such privileges and immunities under this article have a duty to respect 

regulations of the requesting State. They shall also have the duty not to i

domestic affairs of the requesting State.

8. Nothing in this article shall prejudice rights and obligations w

privileges and immunities afforded pursuant to other international agreemen

of customary international law.

9. When signing, ratifying, accepting, approving or acceding to this 

State may declare that it does not consider itself bound in whole or in part 

2 and 3.

10. A State Party which has made a declaration in accordance wit

may at any time withdraw it by notification to the depositary.

Article 9–Transit of Personnel, Equipment, and Property

Each State Party shall, at the request of the requesting State or the assisti

to facilitate the transit through its territory of duly notified personnel, e

property involved in the assistance to and from the requesting State.

Article 10–Claims and Compensation

1. The States Parties shall closely cooperate in order to facilitate the 

legal proceedings and claims under this article.

2. Unless otherwise agreed, a requesting State shall in respect of dea

persons, damage to or loss of property, or damage to the environment cau

territory or other area under its jurisdiction or control in the course of 

assistance requested:
(b) assume responsibility for dealing with legal proceedings and clai

third parties against the assisting party or against persons or other legal 

on its behalf;

(c) hold the assisting party or persons or other legal entities acting 

harmless in respect of legal proceedings and claims referred to in sub-

and

(d) compensate the assisting party or persons or other legal entitie

behalf for:

(i) death of or injury to personnel of the assisting party or person

behalf;

(ii) loss of or damage to non-consumable equipment or materials 

assistance; except in cases of willful misconduct by the individuals w

death, injury, loss or damage.

3. This article shall not prevent compensation or indemnity availa

applicable international agreement or national law of any State.

4. Nothing in this article shall require the requesting State to apply p

whole or in part to its nationals or permanent residents.

5. When signing, ratifying, accepting, approving or acceding to this 

State may declare:

(a) that it does not consider itself bound in whole or in part by parag

(b) that it will not apply paragraph 2 in whole or in part in cases of gro

by the individuals who caused the death, injury, loss or damage.

6. A State Party which has made a declaration in accordance with pa

at any time withdraw it by notification to the depositary.

Article 11–Termination of Assistance

The requesting State or the assisting party may at any time, afte

consultations and by notification in writing, request the termination of assis

or provided under this Convention. Once such a request has been mad

involved shall consult with each other to make arrangements for the proper 

the assistance.

Article 12–Relationship to Other International Agreement

This Convention shall not affect the reciprocal rights and obligations of 

under existing international agreements which relate to the matters co

Convention, or under future international agreements concluded in accord

object and purpose of this Convention.

Article 13–Settlement of Disputes

1. In the event of a dispute between States Parties, or between a State 

Agency, concerning the interpretation or application of this Convention, the 

dispute shall consult with a view to the settlement of the dispute by negotia

other peaceful means of settling disputes acceptable to them.

2. If a dispute of this character between States Parties cannot be sett

year from the request for consultation pursuant to paragraph 1, it shall, at 

any party to such dispute, be submitted to arbitration or referred to the Inter

of Justice for decision. Where a dispute is submitted to arbitration, if, with

from the date of the request, the parties to the dispute are unable to 

organization of the arbitration, a party may request the President of the Inter

of Justice or the Secretary-General of the United Nations to appoint 

arbitrators. In cases of conflicting requests by the parties to the dispute, the 

Secretary-General of the United Nations shall have priority.
settlement procedures provided for in paragraph 2. The other States Partie

bound by a dispute settlement procedure provided for in paragraph 2 wit

State Party for which such a declaration is in force.

4. A State Party which has made a declaration in accordance with pa

at any time withdraw it by notification to the depositary.

Article 14–Entry into Force

1. This Convention shall be open for signature by all States 

represented by the United Nations Council for Namibia, at the Headq

International Atomic Energy Agency in Vienna and at the Headquarters 

Nations in New York, from 26 September 1986 and 6 October 1986 respec

entry into force or for twelve months, whichever period is longer.

2. A State and Namibia, represented by the United Nations Counci

may express its consent to be bound by this Convention either by signature

of an instrument of ratification, acceptance or approval following signature 

to ratification, acceptance or approval, or by deposit of an instrument of a

instruments of ratification, acceptance, approval or accession shall be depo

depositary.

3. This Convention shall enter into force thirty days after consent to 

been expressed by three States.

4. For each State expressing consent to be bound by this Convention 

into force, this Convention shall enter into force for that Sate thirty days af

expression of consent.

5. (a) This Convention shall be open for accession, as provided for 

by international organizations and regional integration organizations c

sovereign States, which have competence in respect of the negotiation, c

application of international agreements in matters covered by this Conventi

(b) In matters within their competence such organizations shall

behalf, exercise the rights and fulfill the obligations which this Conventio

States Parties.

(c) When depositing its instrument of accession, such an orga

communicate to the depositary a declaration indicating the extent of its c

respect of matters covered by this Convention.

(d) Such an organization shall not hold any vote additional t

Member States.

Article 15–Provisional Application

A State may, upon signature or at any later date before this Conventi

force for it, declare that it will apply this Convention provisionally.

Article 16–Amendments

1. A State Party may propose amendments to this Convention. 

amendment shall be submitted to the depositary who shall circulate it imm

other States Parties.

2. If a majority of the States Parties request the depositary to conven

to consider the proposed amendments, the depositary shall invite all Sta

attend such a conference to begin not sooner than thirty days after the i

issued. Any amendment adopted at the conference by a two-thirds majorit

Parties shall be laid down in a protocol which is open to signature in Vie

York by all States Parties.

3. The protocol shall enter into force thirty days after consent to be b

expressed by three States. For each State expressing consent to be bound b
Article 17–Denunciation

1. A State Party may denounce this Convention by written notif

depositary.

2. Denunciation shall take effect one year following the date 

notification is received by the depositary.

Article 18–Depositary

1. The Director General of the Agency shall be the depositary of thi

2. The Director General of the Agency shall promptly notify States 

other States of:

(a) each signature of this Convention or any protocol of amendment

(b) each deposit of an instrument of ratification, acceptance, approva

concerning this Convention or any protocol of amendment;

(c) any declaration or withdrawal thereof in accordance with articles 

(d) any declaration of provisional application of this Convention 

with article 15;

(e) the entry into force of this Convention and of any amendment th

(f) any denunciation made under article 17.

Article 19–Authentic Texts and Certified Copies

The original of this Convention, of which the Arabic, Chinese, En

Russian and Spanish texts are equally authentic, shall be deposited with 

General of the International Atomic Energy Agency who shall send certi

States Parties and all other States.

IN WITNESS WHEREOF the undersigned, being duly authorized, ha

Convention, open for signature as provided for in paragraph 1 of article 14

ADOPTED by the General Conference of the International Atomic E

meeting in special session at Vienna on the twenty-sixth day of September 

nine hundred and eighty-six.
Signature, Ratification, Acceptance, Approval or Accessio

by States or Organizations

Country/

Organization

Date of

Signature

Means and Date of

Expression of

Consent to be Bound

D W 

Afghanistan Sep 26, 1986 

Albania Acceded Apr 30, 2003 

Algeria Sep 24, 1987 Ratified Jan 15, 2004  

Argentina Acceded Jan 17, 1990  

Armenia Acceded Aug 24, 1993 

Australia Sep 26, 1986 Ratified Sep 22, 1987  

Austria Sep 26, 1986 Ratified Nov 21, 1989  

Bangladesh Acceded Jan 07, 1988 

Belarus Sep 26, 1986 Ratified Jan 26, 1987  

Belgium Sep 26, 1986 Ratified Jan 04, 1999 

Bolivia Acceded Aug 22, 2003  

Bosnia and

 Herzegovina

Succeeded Jun 30, 1998 

Botswana Acceded Nov 11, 2011 

Brazil Sep 26, 1986 Ratified Dec 04, 1990 

Bulgaria Sep 26, 1986 Ratified Feb 24, 1988   

Burkina Faso Acceded Aug 07, 2014 

Cameroon Sep 25, 1987 Ratified Jan 17, 2006 

Canada Sep 26, 1986 Ratified Aug 12, 2002  

Chile Sep 26, 1986 Ratified Sep 22, 2004 

China Sep 26, 1986 Ratified Sep 10, 1987  

Colombia Acceded Jun 23, 2005  

Costa Rica Sep 26, 1986 Ratified Sep 16, 1991 

Cote d’Ivoire Sep 26, 1986 

Croatia Succeeded Sep 29, 1992 

Cuba Sep 26, 1986 Ratified Jan 08, 1991  

Cyprus Acceded Jan 04, 1989 

Czech 

Republic

Succeeded Mar 24, 1993 

Dem. P.R. of

 Korea

Sep 29, 1986 

Dem. Rep. of 

 the Congo

Sep 30, 1986

Denmark Sep 26, 1986 Ratified Sep 26, 2008  

Egypt Sep 26, 1986 Ratified Oct 17, 1988  

El Salvador Acceded Jul 28, 2005  

Estonia Acceded May 09, 1994 

Finland Sep 26, 1986 Approved Nov 27, 1990  

France Sep 26, 1986 Approved Mar 06, 1989  

Gabon Acceded Feb 19, 2008 

Germany Sep 26, 1986 Ratified Sep 14, 1989  

Greece Sep 26, 1986 Ratified Jun 06, 1991  

Guatemala Sep 26, 1986 Ratified Aug 08, 1988 

Holy See Sep 26, 1986

Hungary Sep 26, 1986 Ratified Mar 10, 1987   
Consent to be Bound

Iceland Sep 26, 1986 Ratified Jan 27, 2006 

India Sep 29, 1986 Ratified Jan 28, 1988  

Indonesia Sep 29, 1986 Ratified Nov 12, 1993  

Iran, Islamic

 Republic of

Sep 26, 1986 Ratified Oct 09, 2000  

Iraq Aug 12,1987 Ratified Jul 21, 1988  

Ireland Sep 26, 1986 Ratified Sep 13, 1991  

Israel Sep 26, 1986 Ratified May 25, 1989  

Italy Sep 26, 1986 Ratified Oct 25, 1990  

Japan Mar 06, 1987 Accepted Jun 09, 1987  

Jordan Oct 02, 1986 Ratified Dec 11, 1987 

Kazakhstan Acceded Mar 10, 2010 

Korea, 

 Republic of

Acceded Jun 08, 1990  

Kuwait Acceded May 13, 2003 

Lao P.D.R. Acceded May 10, 2013 

Latvia Acceded Dec 28, 1992 

Lebanon Sep 26, 1986 Ratified Apr 17, 1997 

Lesotho Acceded Sep 17, 2013 

Libya Acceded Jun 27, 1990 

Liechtenstein Sep 26, 1986 Ratified Apr 19, 1994 

Lithuania Acceded Sep 21, 2000 

Luxembourg Acceded Sep 26, 2000 

Malaysia Sep 01, 1987 Signature Sep 01, 1987  

Mali Oct 02, 1986 Ratified Oct 01, 2007 

Mauritania Acceded Sep 19, 2011 

Mauritius Acceded Aug 17, 1992  

Mexico Sep 26, 1986 Ratified May 10, 1988 

Monaco Sep 26, 1986 Approval Jul 19, 1989  

Mongolia Jan 08, 1987 Ratified Jun 11, 1987   

Montenegro Succeeded Mar 21, 2007 

Morocco Sep 26, 1986 Ratified Oct 07, 1993 

Mozambique Acceded Oct 30, 2009 

Netherlands Sep 26, 1986 Accepted Sep 23, 1991  

New Zealand Acceded Mar 11, 1987  

Nicaragua Acceded Nov 11, 1993  

Niger Sep 26, 1986

Nigeria Jan 21, 1987 Ratified Aug 10, 1990 

Norway Sep 26, 1986 Signature Sep 26, 1986  

Oman Acceded Jul 09, 2009  

Pakistan Acceded Sep 11, 1989  

Panama Sep 26, 1986 Ratified Apr 01, 1999 

Paraguay Oct 02, 1986 Ratified Feb 06, 2013 

Peru Acceded Jul 17, 1995  

Philippines Acceded May 05, 1997 

Poland Sep 26, 1986 Ratified Mar 24, 1988   

Portugal Sep 26, 1986 Ratified Oct 23, 2003 

Qatar Acceded Nov 04, 2005 
Consent to be Bound

Republic of

 Moldova

Acceded May 07, 1988 

Romania Acceded Jun 12, 1990  

Russian 

Federation

Sep 26, 1986 Ratified Dec 23, 1986  

Saint Vincent

 and the

 Grenadines

Acceded Sep 18, 2001 

Saudi Arabia Acceded Nov 03, 1989  

Senegal Jun 15, 1987 Ratified Dec 24, 2008 

Serbia Succeeded Feb 05, 2002 

Sierra Leone Mar 25, 1987 

Singapore Acceded Dec 15, 1997 

Slovakia Succeeded Feb 10, 1993  

Slovenia Succeeded Jul 07, 1992 

South Africa Aug 10, 1987 Ratified Aug 10, 1987  

Spain Sep 26, 1986 Ratified Sep 13, 1989  

Sri Lanka Acceded Jan 11, 1991  

Sudan Sep 26, 1986

Sweden Sep 26, 1986 Ratified Jun 24, 1992  

Switzerland Sep 26, 1986 Ratified May 31, 1988 

Syrian Arab 

Republic

Jul 02, 1987

Tajikistan Acceded Sep 23, 2011 

Thailand Sep 25, 1987 Ratified Mar 21, 1989  

The Frmr. Yug.

 Rep. of

 Macedonia

Succeeded Sep 20, 1996 

Tunisia Feb 24, 1987 Ratified Feb 24, 1989 

Turkey Sep 26, 1986 Ratified Jan 03, 1991  

Ukraine Sep 26, 1986 Ratified Jan 26, 1987  

United Arab

 Emirates

Acceded 

Oct 02, 1987



United

 Kingdom 

Sep 26, 1986 Ratified Feb 09, 1990  

United

 Republic of

 Tanzania 

Acceded Jan 27, 2005 

United States

 of America

Sep 26, 1986 Ratified Sep 19, 1988  

Uruguay Acceded Dec 21, 1989 

Viet Nam Acceded Sep 29, 1987  

Zimbabwe Sep 26, 1986

EURATOM Acceded Nov 14, 2006  
Consent to be Bound

Food & 

Agriculture 

Org (FAO)

Acceded Oct 19, 1990  

World 

Meteorological 

Org (WMO)

Acceded Apr 17, 1990  

*”D” denotes Declaration etc. / “W” denotes Withdrawal.

Note: The Convention entered into force on 26 February 1987, i.e. thirty days a

which the third State expressed its consent to be bound, pursuant to Article 14, para

Number of Parties: 12

Number of Signatories: 68

Last change of status: August 7, 2014.
Done at Mexico February 14, 1967;

Transmitted by the President of the United States of America to the Senate 

(S. Ex. I, 95th Cong., 2d Sess.);

Reported favorably by the Senate Committee on Foreign Relations Octobe

Ex. Rep. No. 97-23, 97th Cong., 1st Sess.);

Advice and consent to ratification by the Senate, with understandings, N

1981;

Ratified by the President, with said understandings, November 19, 1981;

Ratification of the United States of America deposited with Mexico Novem

Proclaimed by the President December 14, 1981;

Entered into force with respect to the United States of America November 

_________

By the President of the United States of America

A Proclamation

Considering that:

Additional Protocol I to the Treaty for the Prohibition of Nuclear Wea

America was signed on behalf of the United States of America at Mexico Ci

1977, a certified copy of which is hereto annexed;1

The Senate of the United States of America by its resolution of Novem

two-thirds of the Senators present concurring therein, gave its advice a

ratification of Additional Protocol I, subject to the following understanding

1) That the provisions of the Treaty made applicable by this Addition

not affect the exclusive power and legal competence under international 

adhering to this Protocol to grant or deny transit and transport privileges to 

other vessels or aircraft irrespective of cargo or armaments.

2) That the provisions of the Treaty made applicable by this Addition

not affect rights under the international law of a State adhering to this Proto

the exercise of the freedom of the seas, or regarding passage through or over 

to the sovereignty of a State.

3) That the understandings and declarations attached by the United 

ratification of Additional Protocol II (text attached) apply also to its 

Additional Protocol I.

The President of the United States of America on November 19, 

Additional Protocol I, subject to the said understandings, in pursuance of t

consent of the Senate, and the United States of America deposited its 

ratification with the Government of the United Mexican States on Novemb

Pursuant to the provisions of Additional Protocol I, Additional Protoco

the said understandings, entered into force for the United States of America 

23, 1981;

Now, Therefore, I, Ronald Reagan, President of the United States of Ame

and make public Additional Protocol I, subject to the said understandings, 

it shall be observed and fulfilled with good faith by the United States of A

the citizens of the United States of America and all other persons subject to t

thereof.

In testimony whereof, I have signed this proclamation and caused the sea

States of America to be affixed.

(seal)

––––––––

1 Texts of the English, French, Portuguese, and Spanish languages, as certified by the Dep

Foreign Relations of Mexico.
of America the two hundred sixth.

Ro

By the President:

Alexander M. Haig, Jr.

Secretary of State

Understandings and Declarations Attached by the United States to Its 

of Additional Protocol II

I.2 That the United States Government understands the reference in A

treaty to “its own legislation” to relate only to such legislation as is compa

rules of international law and as involves an exercise of sovereignty consist

rules, and accordingly that ratification of Additional Protocol II by the 

Government could not be regarded as implying recognition, for the purpos

and its protocols, or for any other purpose, of any legislation which did not, 

the United States, comply with the relevant rules of international law.

That the United States Government takes note of the Preparatory 

interpretation of the treaty, as set forth in the Final Act, that, governed by 

and rules of international law, each of the contracting parties retains exclus

legal competence, unaffected by the terms of the treaty, to grant or deny no

parties transit and transport privileges.

That as regards the undertaking in Article 3 of Protocol II not to use or t

nuclear weapons against the Contracting Parties, the United States Gove

have to consider that an armed attack by a Contracting Party, in which it w

a nuclear-weapon state, would be incompatible with the Contra

corresponding obligations under Article 1 of the treaty.

II. That the United States Government considers that the technology of m

explosive devices for peaceful purposes is indistinguishable from the 

making nuclear weapons, and that nuclear weapons and nuclear explosiv

peaceful purposes are both capable of releasing nuclear energy in an uncont

and have the common group of characteristics of large amounts of ene

instantaneously from a compact source. Therefore the United States 

understands the definition contained in Article 5 of the treaty as necessarily 

all nuclear explosive devices. It also understood that Articles 1 and 5 restri

the activities of the contracting parties under paragraph 1 of Article 18.

That the United States Government understands that paragraph 4 of Ar

treaty permits, and that United States adherence to Protocol II will 

collaboration by the United States with contracting parties for the purpose o

explosions of nuclear devices for peaceful purposes in a manner consistent 

of not contributing to the proliferation of nuclear weapons capabilities. In th

the United States Government notes Article V of the Treaty on the Non-P

Nuclear Weapons, under which it joined in an undertaking to take appropr

to ensure that potential benefits of peaceful applications of nuclear explos

made available to non-nuclear-weapons states party to that treaty, and 

willingness to extend such undertaking, on the same basis, to states pre

present treaty from manufacturing or acquiring any nuclear explosive devic

III. That the United States Government also declares that, although no

Protocol II, it will act with respect to such territories of Protocol I adherent

the geographical area defined in paragraph 2 of Article 4 of the treaty in the 

as Protocol II requires it to act with respect to the territories of contracting 

––––––––

2 May 8, 1971. TAIS 7137; 22 USED 760.
Governments,

Convinced that the Treaty for the Prohibition of Nuclear Weapons in La

negotiated and signed in accordance with the recommendations of the Gen

of the United Nations in Resolution 1911 (XVIII) of 27 November 1963, 

important step towards ensuring the non-proliferation of nucle

Aware that the non-proliferation of nuclear weapons is not an end in its

a means of achieving general and complete disarmament at a late

Desiring to contribute, so far as lies in their power, towards ending t

race, especially in the field of nuclear weapons, and towards strengtheni

peace, based on mutual respect and sovereign equality of States,

Have agreed as follows:

ARTICLE 1.

To undertake to apply the status of denuclearization in respect of warlike p

defined in articles 1, 3, 5 and 13 of the Treaty for the Prohibition of Nuclea

Latin America in territories for which, de jure or de facto, they are internat

responsible and which lie within the limits of the geographical zone establi

Treaty.

ARTICLE 2.

The duration of this protocol shall be the same as that of the Treaty for the 

Nuclear Weapons in Latin America of which this Protocol is an annex, and 

regarding ratification and denunciation contained in the Treaty shall be app

ARTICLE 3.

This Protocol shall enter into force, for the States which have ratified it, on 

deposit of their respective instruments of ratification.

In witness whereof the undersigned Plenipotentiaries, having depos

powers, found in good and due form, sign this Protocol on behalf of th

Governments.

FOR THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHER

N.J.A. Cheetham

FOR THE KINGDOM OF THE NETHERLANDS:

S. Van Heemstra

FOR THE UNITED STATES OF AMERICA:

Jimmy Carter

NUCLEAR FREE ZONE–LATIN AMERICA4

NOTE:

Additional protocol I to the treaty of February 14, 1967 for the prohibit

weapons in Latin America. Done at Mexico February 14, 1967; enter

December 11, 1969; for the United States November 23, 1981. 33 USED 

––––––––

3 Feb. 14, 1967. TAIS 7137; 22 USED 762. 4 The United States is not a party to the treaty for the prohibition of nuclear weapon in La

Treaty of Tlatelolco). For the English text of the treaty, see 22 USC 762; TIAS 7137; fo

languages, see 634 UNTS 281.
Additional protocol II to the treaty of February 14, 1967 for the prohibit

weapons in Latin America. Done at Mexico February 14, 1967; enter

December 11, 1969; for the United States May 12, 1971. 22 USED 754; TA

UNTS 364. States which are parties: China,8 France,9 Union of Soviet Soc

United Kingdom11 12, United States.13

––––––––

5 With statement(s). 6 Applicable to Anguilla, British Virgin Is., Cayman Is., Falkland Is., Montserrat, Turks a

7 With understanding and declarations. 8 With statement(s). 9 With statement(s). 10 With statement(s). 11 With declaration. 12 Applicable to Anguilla, British Virgin Is., Cayman Is., Falkland Is., Montserrat, Turks a

13 With understanding and declarations.
Signed by the United States at Mexico April 1, 1968

Underlying Treaty signed by others at Mexico February 14, 1967

U.S. ratification with understandings and declarations deposited May 12, 1

Entered into force for the United States May 12, 19711

By the President of the United States of America

A Proclamation

Considering that:

Additional Protocol II to the Treaty for the Prohibition of Nuclear Wea

America, done at the City of Mexico on February 14, 1967, was signed on 

United States of America on April 1, 1968, the text of which Protocol is wo

follows:

Additional Protocol II

The undersigned Plenipotentiaries, furnished with full powers by th

Governments,

Convinced that the Treaty for the Prohibition of Nuclear Weapons in L

negotiated and signed in accordance with the recommendations of the Gen

of the United Nations in Resolution 1911 (XVIII) of 27 November 1963, 

important step towards ensuring the non-proliferation of nucle

Aware that the non-proliferation of nuclear weapons is not an end in its

a means of achieving general and complete disarmament at a late

Desiring to contribute, so far as lies in their power, towards ending t

race, especially in the field of nuclear weapons, and towards promoting and 

a world at peace, based on mutual respect and sovereign equality of States.

Have agreed as follows:

Article 1.

The statute of denuclearization of Latin America in respect of warlike 

defined, delineated and set forth in the Treaty for the Prohibition of Nuclea

Latin American of which this instrument is an annex, shall be fully respected 

to this Protocol in all its express aims and provisions.

Article 2.

The Governments represented by the undersigned Plenipotentiaries undert

not to contribute in any way to the performance of acts involving a vi

obligations of article 1 of the Treaty in the territories to which the Tre

accordance with article 4 thereof.

Article 3.

The Governments represented by the undersigned Plenipotentiaries also un

use or threaten to use nuclear weapons against the Contracting Parties of 

the Prohibition of Nuclear Weapons in Latin America.

Article 4.

The duration of this Protocol shall be the same as that of the Treaty for the 

Nuclear Weapons in Latin American of which this protocol is an annex, and 

of territory and nuclear weapons set forth in articles 3 and 5 of the T

applicable to this Protocol, as well as the provisions regarding ratification

denunciation, authentic texts and registration contained in articles 26, 27, 30 

Treaty.

Article 5.

The Protocol shall enter into force, for the States which have ratified it, on 

deposit of their respective instruments of ratification.

––––––––

1 The United Kingdom, France, and the People’s Republic of China are also parties of Pro
respective Governments.

The Senate of the United States of America by its resolution of April 1

thirds of the Senators present concurring, gave it advice and consent to the 

Additional Protocol II, with the following understandings and declarations

I

That the United States Government understands the reference in Article 

to “its own legislation” to relate only to such legislation as is compatible w

international law and as involves an exercise of sovereignty consistent wi

and accordingly that ratification of Additional Protocol II by the 

Government could not be regarded as implying recognition, for the purpose

and its protocols or for any other purpose, of any legislation which did not, 

the United States, comply with the relevant rules of international law.

That the United States Government takes note of the Preparatory 

interpretation of the treaty, as set forth in the Final Act, that, governed by 

and rules of international law, each of the Contracting Parties retains exclus

legal competence, unaffected by the terms of the treaty, to grant or deny no

Parties transit and transport privileges.

That as regards the undertaking in Article 3 of Protocol II not to use or t

nuclear weapons against the Contracting parties, the United States Gove

have to consider that an armed attack by a Contracting Party, in which it w

a nuclear-weapon state, would be incompatible with the Contra

corresponding obligations under Article I of the Treaty.

II

That the United States Government considers that the technology of m

explosive devices for peaceful purposes is indistinguishable from the 

making nuclear weapons, and that nuclear weapons and nuclear explosiv

peaceful purposes are both capable of releasing nuclear energy in an uncont

and have the common group of characteristics of large amounts of ene

instantaneously from a compact source. Therefore, the United States 

understands the definition contained in Article 5 of treaty as necessarily enc

nuclear explosive devices. It is also understood that Articles 1 and 5 restri

the activities of the Contracting Parties under paragraph 1 of Article 18.

That the United States Government understands that paragraph 4 of Ar

treaty permits, and the United States adherence to Protocol II will 

collaboration by the United States with Contracting Parties for the purpose o

explosions of nuclear devices for peaceful purposes in a manner consistent 

of not contributing to the proliferation of nuclear weapons capabilities. In th

the United States Government notes Article V of the Treaty on the Non-P

Nuclear Weapons, under which it joined in an undertaking to take appropr

to ensure that potential benefits of peaceful applications of nuclear explos

made available to non-nuclear-weapon states party to that treaty, and 

willingness to extend such undertaking, on the same basis, to states pre

present treaty from manufacturing or acquiring any nuclear explosive devic

III

That the United States Government also declares that, although no

Protocol II, it will act with respect to such territories of Protocol I adherent

the geographical area defined in paragraph 2 of Article 4 of the treaty in the 

as Protocol II requires it to act with respect to the territories of Contracting 

The President ratified Additional Protocol II on May 8, 1971, with the 

understandings and declarations, in pursuance of the advice and consent of 
instruments of ratification.

The instrument of ratification of the United Kingdom of Great Britain 

Ireland was deposited on December 11, 1969 with understandings and a de

the instrument of ratification of the United States of America was deposite

1971 with the above-recited understandings and declarations.

In accordance with Article 5 of Additional Protocol II, the Protocol ente

for the United States of America on May 12, 1971, subject to the 

understandings and declarations.

Now, therefore, I, Richard Nixon, President of the United States of Ame

and make public Additional Protocol II to the Treaty for the Prohibitio

Weapons in Latin America to the end that it shall be observed and fulfil

faith, subject to the above-recited understandings and declarations, on and 

1971 by the United States of America and by the citizens of the United Stat

and all other persons subject to the jurisdictions thereof.

In testimony whereof, I have signed this proclamation and caused the Sea

States of America to be affixed.

Done at the city of Washington this eleventh day of June in the year of 

thousand nine hundred seventy-one and of the Independence of the Un

America the one-hundred ninety-fifth.

(Seal)
Preamble

In the name of their peoples and faithfully interpreting their desires an

the Governments of the States which sign the Treaty for the Prohibitio

Weapons in Latin America.

Desiring to contribute, so far as lies in their power, towards ending t

race, especially in the field of nuclear weapons, and towards strengtheni

peace, based on the sovereign equality of States, mutual respect and good ne

Recalling that the United Nations General Assembly, in its Resolut

adopted unanimously as one of the three points of a coordinated p

disarmament “the total prohibition of the use and manufacture of nuclear 

weapons of mass destruction of every type”,

Recalling that militarily denuclearized zones are not an end in themselv

means of achieving general and complete disarmament at a later stage,

Recalling United Nations General Assembly Resolution 1911 (X

established that the measures that should be agreed upon for the denucleariz

America should be taken “in the light of the principles of the Charter of the U

and of regional agreements”,

Recalling United Nations General Assembly Resolution 2028 (XX), whi

the principle of an acceptable balance of mutual responsibilities and duties 

non-nuclear powers, and 

Recalling that the Charter of the Organization of American States proc

an essential purpose of the Organization to strengthen the peace and s

hemisphere,

Convinced:

That the incalculable destructive power of nuclear weapons has made 

that the legal prohibition of war should be strictly observed in practice if t

civilization and of mankind itself is to be assured,

That nuclear weapons, whose terrible effects are suffered, indiscr

inexorably, by military forces and civilian population alike, constitute

persistence of the radioactivity they release, and attack on the integrity 

species and ultimately may even render the whole earth uninhabitable.

That the general and complete disarmament under effective internation

vital matter which all the peoples of the world equally demand,

That the proliferation of nuclear weapons, which seems inevitable unles

exercise of their sovereign rights, impose restrictions on themselves in orde

would make an agreement of disarmament enormously difficult and woul

danger of the outbreak of a nuclear conflagration,

That the establishment of militarily denuclearized zones is closely li

maintenance of peace and security in the respective regions,

That the military denuclearization of vast geographical zones, ad

sovereign decision of the States comprised therein, will exercise a beneficia

other regions where similar conditions exist,

That the privileged situation of the signatory States, whose territories a

from nuclear weapons, imposes upon them the inescapable duty of p

situation both in their own interests and for the good of mankind,

That the existence of nuclear weapons in any country of Latin America 

a target for possible nuclear attacks and would inevitable set off, throughou

ruinous race in nuclear weapons which would involve the unjustifiable 

warlike purposes, of the limited resources required for economic and social 

That the foregoing reasons, together with the traditional peace-loving ou

America, give rise to an inescapable necessity that nuclear energy should b

region exclusively for peaceful purposes, and that the Latin American co
Convinced finally:

That the military denuclearization of Latin America–being understoo

undertaking entered into internationally in this Treaty to keep their territori

from nuclear weapons–will constitute a measure which will spare their peo

squandering of their limited resources on nuclear armaments and will protec

possible nuclear attacks on their territories, and will also constitute 

contribution towards preventing the proliferation of nuclear weapons an

factor of general and complete disarmaments, and

That Latin America, faithful to its tradition of universality, must not on

banish from its homelands the scourge of a nuclear war, but must also stri

the well-being and advancement of its peoples, at the same time co-op

fulfillment of the ideals of mankind, that is to say, in the consolidation o

peace based on equal rights, economic fairness and social justice for all, 

with the principles and purposes set forth in the Charter of the United Nati

Charter of the Organization of American States,

Have agreed as follows:

Article 1–Obligations

1. The Contracting Parties hereby undertake to use exclusively for peac

the nuclear material and facilities which are under this jurisdiction, and t

prevent in their respective territories:

(a) The testing, use, manufacture, production or acquisition b

whatsoever of any nuclear weapons, by the Parties themselves, directly 

on behalf of anyone else or in any other way, and

(b) The receipt, storage, installation, deployment and any form of 

any nuclear weapons, directly or indirectly, by the Parties themselves, 

their behalf or in any other way.

2. The Contracting Parties also undertake to refrain from engaging in, e

authorizing, directly or indirectly, or in any way participating in the 

manufacture, production, possession or control of any nuclear weapon.

Article 2–Definition of the Contracting Parties

For the purposes of this Treaty, the Contracting Parties are those for wh

is in force.

Article 3–Definition of Territory

For the purposes of this Treaty, the term “territory” shall include the terr

space and any other space over which the State exercises sovereignty in ac

its own legislation.

Article 4–Zone of Application

1. The zone of application of this Treaty is the whole of the territories 

Treaty is in force.

2. Upon fulfillment of the requirements of Article 28, paragraph 1

application of the Treaty shall also be that which is situated in the wester

with the following limits (except the continental part of the territory of the 

of America and its territorial waters): starting at a point located 35 north lat

longitude; from this point directly southward to a point at 30 north lati

longitude; from there, directly eastward to a point at 30 north latitude, 50 w

from there along a loxodromic line to a point at 5 north latitude, 20 west lo

there directly southward to a point at 60 south latitude, 20 west longitud

directly westward to a point at 60 south latitude, 115 west longitude; from 

northward to a point at 0 latitude, 115 west longitude; from there, along a lo
Article 5–Definition of Nuclear Weapons

For the purposes of this Treaty, a nuclear weapon is any device which 

releasing nuclear energy in an uncontrolled manner and which has 

characteristics that are appropriate for use for warlike purposes. An instrum

be used for the transport or propulsion of the device is not included in this 

is separable from the device and not an indivisible part thereof.

Article 6–Meeting of Signatories

At the request of any of the signatory States or if the Agency establish

should so decide, a meeting of all the signatories may be convoked to consid

questions which may affect the very essence of this instrument, inclu

amendments to it. In either case, the meeting will be convoked by the Gene

Article 7–Organization

1. In order to ensure compliance with the obligations of this Treaty, th

Parties hereby establish an international organization to be known as the “A

Prohibition of Nuclear Weapons in Latin America and the Caribbean

referred to as “the Agency.” Only the Contracting Parties shall be affected by 

2. The Agency shall be responsible for the holding of periodic or 

consultations among Member States on matters relating to the purposes, 

procedures set forth in this Treaty and to the supervision of complia

obligations arising therefrom.

3. The Contracting Parties agree to extend to the Agency full and promp

in accordance with the provisions of this Treaty, of any agreements they 

with the Agency and of any agreements the Agency may conclude w

international organization or body.

4. The headquarters of the Agency shall be in Mexico City.

Article 8–Organs

1. There are hereby established as principal organs of the Agen

Conference, a Council and a Secretariat.

2. Such subsidiary organs as are considered necessary by the General Co

be established within the purview of this Treaty.

Article 9–The General Conference

1. The General Conference; the supreme organ of the Agency, shall be 

all the Contracting Parties; it shall hold regular sessions every two years 

hold special sessions whenever this Treaty so provides or, in the opinion o

the circumstances so require.

2. The General Conference:

(a) May consider and decide on any matters or questions covered b

within the limits thereof, including those referring to powers and fun

organ provided for in this Treaty.

(b) Shall establish procedures for the control system to ensure obse

Treaty in accordance with its provisions.

(c) Shall elect the Members of the Council and the General Secretar

(d) May remove the General Secretary from office if the proper func

Agency so requires.

––––––––

1 Agency for the Prohibition of Nuclear Weapons in Latin America [OPANAL], Gen.Con

V), OPANAL Doc. CG/E/Res.267 (E-V) (July 3, 1990), amended treaty to include “and 
(f) Shall initiate and consider studies designed to facilitate the optimu

of the aims of this Treaty, without prejudice to the power of the Gen

independently to carry out similar studies for submission to and consid

Conference.

(g) Shall be the organ competent to authorize the conclusion of ag

Governments and other international organizations and bodies.

3. The General Conference shall adopt the Agency’s budget and fix 

financial contributions to be paid by Member States, taking into account th

criteria used for the same purpose by the United Nations.

4. The General Conference shall elect its officers for each session and 

such subsidiary organs as it deems necessary for the performance of its fun

5. Each Member of the Agency shall have one vote. The decisions o

Conference shall be taken by a two-thirds majority of the Members present 

the case of matters relating to the control system and measures referred to 

the admission of new Members, the election or removal of the General Secre

of the budget and matters related thereto. Decisions on other matters, as well 

questions and also determination of which questions must be decided by 

majority, shall be taken by a simple majority of the Members present and v

6. The General Conference shall adopt its own rules of procedure.

Article 10–The Council

1. The Council shall be composed of five Members of the Agency e

General Conference from among the Contracting Parties, due accoun

equitable geographic distribution.

2. The Members of the Council shall be elected for a term of four years

the first election three will be elected for two years. Outgoing Members m

elected for the following period unless the limited number of States for wh

is in force so requires.

3. Each Member of the Council shall have one representative.

4. The Council shall be so organized as to be able to function continuou

5. In addition to the functions conferred upon it by this Treaty and to tho

be assigned to it by the General Conference, the Council shall, throug

Secretary, ensure the proper operation of the control system in accord

provisions of this Treaty and with the decisions adopted by the General Co

6. The Council shall submit an annual report on its work to the General 

well as such special reports as it deems necessary or which the Gener

requests of it.

7. The Council shall elect its officers for each session.

8. The decisions of the Council shall be taken by a simple majority o

present and voting.

9. The Council shall adopt its own rules of procedure.

Article 11–The Secretariat

1. The Secretariat shall consist of a General Secretary, who shall 

administrative officer of the Agency, and of such staff as the Agency may 

term of office of the General Secretary shall be four years and he may be r

single additional term. The General Secretary may not be a national of t

which the Agency has its headquarters. In case the office of General Secr

vacant, a new election shall be held to fill the office for the remainder of th

2. The staff of the Secretariat shall be appointed by the General 

accordance with rules laid down by the General Conference.

3. In addition to the functions conferred upon him by this Treaty and t

may be assigned to him by the General Conference–the General Secretary s
the General Conference.

4. The General Secretary shall act in that capacity in all meetings o

Conference and of the Council and shall make an annual report to both bodi

of the Agency and any special reports requested by the General Conference 

or which the General Secretary may deem desirable.

5. The General Secretary shall establish the procedures for distr

Contracting Parties information received by the Agency from government

such information from non-governmental sources as may be of interest to t

6. In the performance of their duties the General Secretary and the staff 

or receive instructions from any Government or from any other authority e

Agency and shall refrain from any action which might reflect on the

international officials responsible only to the Agency; subject to their respo

Agency, they shall not disclose any industrial secrets or other confidentia

coming to their knowledge by reason of their official duties in the Agency.

7. Each of the Contracting Parties undertakes to respect the exclusively 

character of the responsibilities of the General Secretary and the staff and 

influence them in the discharge of their responsibilities.

Article 12–Control System

1. For the purpose of verifying compliance with the obligations enter

Contracting Parties in accordance with article 1, a control system shall b

which shall be put into effect in accordance with the provisions of articles 

Treaty.

2. The control system shall be used in particular for the purpose of verif

(a) That devices, services and facilities intended for peaceful us

energy are not used in the testing or manufacture of nuclear weapons.

(b) That none of the activities prohibited in article 1 of this Treaty a

in the territory of the Contracting Parties with nuclear materials or weapo

from abroad, and

(c) That explosions for peaceful purposes are compatible with art

Treaty.

Article 13–IAEA Safeguards

Each Contracting Party shall negotiate multilateral or bilateral agreem

International Atomic Energy Agency for the application of its safeguards 

activities. Each Contracting Party shall initiate negotiations within a perio

after the date of the deposit of its instrument of ratification of this 

agreements shall enter into force, for each Party, not later than eighteen m

date of the initiation of such negotiations except in case of unforeseen cir

force majeure.

Article 14–Reports of the Parties

1. The Contracting Parties shall submit to the Agency and to the Interna

Energy Agency, for their information, semi-annual reports stating tha

prohibited under this Treaty has occurred in their respective territories.

2. The Contracting Parties to the Treaty shall simultaneously transmit to 

copy of the reports submitted to the International Atomic Energy Agency w

matters subject of this Treaty that are relevant to the work of the Agency.
when the Contracting Parties give their express consent.

Article 15–Special Reports Requested by the General Secret

1. At the request of any of the Contracting Parties and with the autho

Council, the General Secretary may request any of the Contracting Parties 

Agency with complementary or supplementary information regarding any 

event or circumstance which affects the compliance with this Treaty, e

reasons. The Contracting Parties undertake to co-operate promptly and 

General Secretary.

2. The General Secretary shall inform the Council and the Contr

forthwith of such requests and of the respective replies.3

Article 16–Special Inspections

1. The International Atomic Energy Agency has the power of carryin

inspections in accordance with Article 12 and with the agreements referre

13 of this Treaty.

2. At the request of any of the Contracting Parties and in accord

procedures established in Article 15 of this Treaty, the Council may s

consideration of the International Atomic Energy Agency a request that 

mechanisms be put into operation to carry out a special inspection.

3. The General Secretary shall request the Director General of the Interna

Energy Agency to transmit to him in a timely manner the information for

Board of Governors of the IAEA relating to the conclusion of the special in

General Secretary shall make this information available to the Council prom

4. The Council, through the General Secretary, shall transmit this info

the Contracting Parties. 

Article 17–Use of Nuclear Energy for Peaceful Purposes

Nothing in the provisions of this Treaty shall prejudice the rights of th

Parties, in conformity with this Treaty, to use nuclear energy for peacefu

particular for their economic development and social progress.

Article 18–Explosions for Peaceful Purposes

1. Contracting Parties may carry out explosions of nuclear devices 

purposes–including explosions which involve devices similar to those us

weapons–or collaborate with third parties for the same purpose, provide tha

accordance with the provisions of this article and the other articles o

particularly Articles 1 and 5.

2. Contracting Parties intending to carry out, or to cooperate in carryin

explosion shall notify the Agency and the International Atomic Energy Ag

advance as the circumstances require, of the date of the explosion and sha

time provide the following information:

(a) The nature of the nuclear device and the source from which it wa

(b) The place and purpose of the planned explosion,

(c) The procedures which will be followed in order to comply with p

this article.

(d) The expected force of the device, and

––––––––

2 Paragraph’s two and three were amended by OPANAL, Gen.Conf. Res. 290 (VII), OPA

CG/E/Res.290 (August 26, 1992). 3 Section amended by OPANAL, Gen.Conf. Res. 290 (VII), OPANAL Doc. CG/E/Res.29

(August 26, 1992).
danger to the population, flora, fauna and territories of any other Party o

3. The General Secretary and the technical personnel designated by th

the International Atomic Energy Agency may observe all the preparations

explosion of the device, and shall have unrestricted access to any area in 

the site of the explosion in order to ascertain whether the device and t

followed during the explosion are in conformity with the information s

paragraph 2 of this article and the other provisions of this Treaty.

4. The Contracting Parties may accept the collaboration of third parties f

set forth in paragraph 1 of the present article, in accordance with parag

thereof.

Article 19–Relations with International Atomic Energy Agen

1. The Agency may conclude such agreements with the International A

Agency, as are authorized by the General Conference and as it considers like

the efficient operation of the Control System established by this Treaty.4

Article 20–Relations with Other International Agencies

1. The Agency may also enter into relations with any international o

body, especially any which may be established in the future to supervise d

measures for the control of armaments in any part of the world. 

2. The Contracting Parties may, if they see fit, request the advice of the In

Nuclear Energy Commission on all technical matters connected with the 

this Treaty with which the Commission is competent to deal under its Statu

Article 21–Measures in the Event of Violation of the Treat

1. The General Conference shall take note of all cases in which, in it

Contracting Party is not complying fully with its obligations under this Tr

draw the matter to the attention to the Party concerned, making such recom

it deems appropriate.

2. If, in its opinion, such non-compliance constitutes a violation of this 

might endanger peace and security, the General Conference shall r

simultaneously to the United Nations Security Council and the General Asse

the Secretary-General of the United Nations and to the Council of the O

American States. The General Conference shall likewise report to the 

Atomic Energy Agency for such purposes as are relevant in accordance wit

Article 22–United Nations and Organizations of American St

None of the provisions of this Treaty shall be construed as impairing 

obligations of the Parties under the Charter of the United Nations or, in the 

Members of the Organization of American States, under existing regional t

Article 23–Privileges and Immunities

1. The Agency shall enjoy in the territory of each of the Contracting Par

capacity and such privileges and immunities as may be necessary for the 

functions and the fulfillment of its purposes.

2. Representatives of the Contracting Parties accredited to the Agency a

the Agency shall similarly enjoy such privileges and immunities as are nec

performance of their functions.

––––––––

4 Article inserted by OPANAL, Gen.Conf. Res. 290 (VII), OPANAL Doc. CG/E/Res.290 

1992). 5 Article renumbered and amended by OPANAL, Gen.Conf. Res. 290 (VII), OPANAL 

Doc. CG/E/Res.290 (August 26, 1992).
Article 24–Notification of Other Agreements

Once this Treaty has entered into force, the Secretariat shall be notified 

of any international agreement concluded by any of the Contracting Part

with which this Treaty is concerned; the Secretariat shall register it and n

Contracting Parties.

Article 25–Settlement of Disputes

Unless the Parties concerned agree on another mode of peaceful se

question or dispute concerning the interpretation or application of this Treat

settled shall be referred to the International Court of Justice with the prior 

Parties to the controversy.

Article 26–Signature

1. This Treaty shall be open indefinitely for signature by:

(a) All the Latin American Republics, and

(b) All other sovereign States situated in their entirety south of latit

in the western hemisphere; and, except as provided in paragraph 2 of t

such States which become sovereign, when they have admitted by 

Conference.

2. The condition of State Party to the Treaty of Tlatelolco shall b

Independent States which are situated within the Zone of application of 

accordance with Article 4 of same, and with paragraph I of the present Arti

were Members of the United Nations as of December 10, 1985 as well 

autonomous territories mentioned in document OEA/CER.P, AG/doc

November 5, 1985, once they attain their independence.6

Article 27–Ratification and Deposit

1. This Treaty shall be subject to ratification by signatory States in ac

their respective constitutional procedures.

2. This Treaty and the instruments of ratification shall be depos

Government of the Mexican United States, which is hereby designated t

Government.

3. The Depositary Government shall send certified copies of this 

Governments of signatory States and shall notify them of the deposit of ea

of ratification.

Article 28–Reservations

This Treaty shall not be subject to reservations.

Article 29–Entry into Force

1. Subject to the provisions of paragraph 2 of this article, this Treaty s

force among the States that have ratified it as soon as the following requ

been met:

(a) Deposit of the instruments of ratification of this Treaty with t

Government by the Governments of the States mentioned in article 25 

existence on the date when this Treaty is opened for signature and 

affected by the provisions of article 25, paragraph 2;

––––––––

6 Paragraph 2 was amended by OPANAL, Gen.Conf. Res. 268 (XII), OPANAL Doc. CG/

(May 9, 1991).
responsibility for territories situated in the zone of application of the Tr

(c) Signature and ratification of the Additional Protocol II annexed 

by all powers possessing nuclear weapons;

(d) Conclusion of bilateral or multilateral agreements on the agre

application of the Safeguards System of the International Atomic Ener

accordance with article 13 of this Treaty.

2. All signatory States shall have the imprescriptible right to waive, wh

the requirements laid down in the preceding paragraph. They may do so b

declaration which shall be annexed to their respective instrument of ratificat

may be formulated at the time of deposit of the instrument or subsequen

States which exercise this right, this Treaty shall enter into force upon 

declaration, or as soon as those requirements have been met which have not b

waived.

3. As soon as this Treaty has entered into force in accordance with the 

paragraph 2 for eleven States, the Depositary Government shall convene 

meeting of those States in order that the Agency may be set up and comme

4. After the entry into force of this treaty for all the countries of the zon

new power possessing nuclear weapons shall have the effect of suspending 

of this Treaty for those countries which have ratified it without waiving re

paragraph 1, sub-paragraph (c) of this article, and which request such su

Treaty shall remain suspended until the new power, on its own initiative o

by the General Conference ratifies the annexed Additional Protocol II.

Article 30–Amendments

1. Any Contracting Party may propose amendments to this Treaty and s

proposals to the Council through the General Secretary, who shall transmit 

other Contracting Parties and, in addition, to all other signatories in ac

article 6. The Council, through the General Secretary, shall immediately 

meeting of signatories convene a special session of the General Conferen

the proposals made, for the adoption of which a two-thirds majority of th

Parties present and voting shall be required.

2. Amendments adopted shall enter into force as soon as the requiremen

article 28 of this Treaty have been complied with.

Article 31–Duration and Denunciation

1. This Treaty shall be of a permanent nature and shall remain in forc

but any Party may denounce it by notifying the General Secretary of the Ag

opinion of the denouncing State, there have arisen or may arise circumstan

with the content of this Treaty or of the annexed Additional Protocols I and I

its supreme interests or the peace and security of one or more Contracting P

2. The denunciation shall take effect three months after the delivery t

Secretary of the Agency of the notification by the Government of the s

concerned. The General Secretary shall immediately communicate such not

other Contracting Parties and to the Secretary-General of the United N

information of the United Nations Security Council and the General Assem

also communicate it to the Secretary-General of the Organization of Ameri

Article 32–Authentic Texts and Registration

This Treaty, of which the Spanish, Chinese, English, French, Portugues

texts are equally authentic, shall be registered by the Depositary G

accordance with article 102 of the United Nations Charter. The Depositary 

shall notify the Secretary-General of the United Nations of the signature
Transitional Article

Denunciation of the declaration referred to in article 28, paragraph 2, sh

to the same procedures as the denunciation of this Treaty, except that it will 

the date of delivery of the respective notification.

In Witness Whereof the undersigned Plenipotentiaries, having depos

powers, found in good and due form, sign this Treaty on behalf of th

Governments.

Done at Mexico, Distrito Federal, on the Fourteenth day of February, 

nine hundred and sixty-seven.

Additional Protocol

The undersigned Plenipotentiaries, furnished with full powers by th

Governments.7

Convinced that the Treaty for the Prohibition of Nuclear Weapons in L

negotiated and signed in accordance with the recommendations of the Gen

of the United Nations in Resolution 1911 (XVIII) of 27 November 1963, 

important step towards ensuring the non-proliferation of nuclear weapons.

Aware that the non-proliferation of nuclear weapons is not an end in its

a means of achieving general and complete disarmament at a later stage, an

Desiring to contribute, so far as lies in their power, towards ending t

race, especially in the field of nuclear weapons, and towards strengtheni

peace, based on mutual respect and sovereign equality of States.

Have agreed as follows:

Article 1. To undertake to apply the statute of denuclearization in respe

purposes as defined in articles 2, 3, 5 and 13 of the Treaty for the Prohibiti

Weapons in Latin America in territories for which, de jure or de fa

internationally responsible and which lie within the limits of the geog

established in that treaty.

Article 2. The duration of this Protocol shall be the same as that of the 

Prohibition of Nuclear Weapons in Latin America of which this Protocol is 

the provisions regarding ratification and denunciation contained in the T

applicable to it.

Article 3. This Protocol shall enter into force, for the States which have rat

date of the deposit of their respective instruments of ratification. In Witnes

undersigned Plenipotentiaries, having deposited their full powers, found in 

form, sign this Protocol on behalf of their respective Governments.

––––––––

7 The United Kingdom and the Netherlands are parties to this Protocol. The United States 
I. 1. Table: Treaty for the Prohibition of Nu

Signature and Ratification by Stat

Country Signature Ratification

Amendment to Art. 7

Res. 267 (E-V)

Signature Ratification 

Antigua & Barbuda 10/11/83 10/11/83 1 06/13/

Argentina 09/27/67 01/18/94 12/10/90 01/18/9

Bahamas, The 11/29/76 04/26/77 03/18/92

Barbados 10/18/68 04/25/69 02/14/97 02/14/9

Belize 02/14/92 11/09/94 11/23/95 11/23/9

Bolivia (Plurinational 

State of)

02/14/67 02/18/69 12/10/90 

Brazil 05/09/67 01/29/68 12/05/90 05/30/9

Chile 03/25/95 10/23/02 01/16/91 01/18/9

Colombia 02/14/67 10/09/74 12/05/90 01/18/9

Costa Rica 02/14/67 08/04/72 12/10/90 01/20/9

Cuba 02/14/67 08/25/69 12/05/95 

Dominica 05/02/89 06/04/93

Dominican Republic 07/29/67 06/14/68 01/16/91 

Ecuador 02/14/67 02/11/69 12/05/90 10/18/9

El Salvador 02/14/67 04/22/68 02/21/91 05/22/9

Grenada 04/29/75 06/20/75 09/17/91 09/17/9

Guatemala 02/14/67 02/06/70 12/10/90 08/21/9

Guyana 01/16/95 01/16/95 01/16/95 01/16/9

Haiti 02/14/67 05/23/69 01/16/91 

Honduras 02/14/67 09/23/68 01/16/91 

Jamaica 10/26/67 06/26/69 02/21/91 03/13/9

Mexico 02/14/67 09/20/67 11/05/90 10/24/9
1 Dates given are the earliest dates on which countries signed the agreements or deposited their ra

New York. In the case of a country that was a dependent territory that became a party through succes

would continue to be bound by the terms of the agreement.

a The declaration of waiver was deposited June 27, 1975, which is the date of entry into force for 

Note: The information for this table is from the United Nations Office for Disarmament Affairs (UNO

Updated as of April 2014.

Country Signature Ratification

Amendment to Art. 7

Res. 267 (E-V)

Signature Ratification 

Nicaragua 02/15/67 10/24/68 12/10/90 

Panama 02/14/67 06/11/71 Acceptan

08/08/0

Paraguay 04/26/67 03/19/69 02/19/91 10/22/9

Peru 02/14/67 03/04/69 12/05/90 07/14/9

Saint Kitts and Nevis 02/18/94 04/18/95 02/18/94 11/16/

Saint Lucia 08/25/92 06/02/95 Accessio

04/10/

St. Vincent and the 

 Grenadines

02/14/92 02/14/92

Suriname 02/13/76 06/10/77 Acceptan

06/13/9

Trinidad & Tobago 06/27/67 12/03/70 a 11/30/

Uruguay 02/14/67 08/20/68 11/16/90 08/30/9

Venezuela (Bolivarian

 Republic of)

02/14/67 03/23/70 02/16/91 02/14/9

TOTAL 33 33 26 2
I. 2. Table: Additional Protocol I to the Treaty for the Pr

Signature and Ratification by Stat

Country Date of

Signature

France 03/02/79 

Netherlands 04/01/68 

United Kingdom 12/20/67 

United States 05/26/77 

I. 3. Table: Additional Protocol II to the Treaty for the Pr

Signature and Ratification by Stat

Country Date of

Signature

China, Peoples Republic of 08/21/73 

France 07/18/73 

USSR 05/18/78 

United Kingdom 12/20/67 

United States 04/01/68 

 Status as of June 20, 2009
Public Law 85–177 71 

August 28, 1957

An Act

To provide for the appointment of representatives of the Un

the organs of the International Atomic Energy Agency, 

other provisions with respect to the participation of the U

in that Agency, and for other purposes.

Be it enacted by the Senate and House of Representative

United States of America in Congress assembled,

Sec. 1. Short Title

That this Act may be cited as the “International Atomic E

Participation Act of 1957.”

Sec. 2. Representatives

(a) The President, by and with the advice and consent 

shall appoint a representative and a deputy representative 

States to the International Atomic Energy Agency (hereinaf

as the “Agency”), who shall hold office at the pleasure of 

Such representative and deputy representative shall represe

States on the Board of Governors of the Agency, may repres

States at the General Conference, and may serve exofficio as 

representative on any organ of that Agency, and shall perfo

functions in connection with the participation of the United 

Agency as the President may from time to time direct.

(b) The President, by and with the advice and consent 

may appoint or designate from time to time to attend a speci

specified sessions of the General Conference of th

representative of the United States and such number of al

may determine consistent with the rules of procedure o

Conference.

(c) The President may also appoint or designate from tim

other persons as he may deem necessary to represent the U

the organs of the Agency. The President may designate any 

United States Government, whose appointment is subject to 

by the Senate, to act, without additional compensation, 

periods as the representative of the United States on 

Governors or to the General Conference of the Agency in t

disability of the representative and deputy representative ap

section 2(a) or in lieu of such representative in connection w

subject matter.

(d) All persons appointed or designated in pursuance 

contained in this section shall receive compensation at rates 

the President upon the basis of duties to be performed but n

rates authorized by sections 411 and 412 of the Foreign S

1946, as amended (22 USC 866, 867), for Chiefs of Missio

Service officers occupying positions of equivalent importan

no Member of the Senate or House of Representatives or 

United States who is designated under subsection (b) or sub
General Conference shall be entitled to receive such comp

person who receives compensation pursuant to the prov

subsection may be granted allowances and benefits not the 

received by Chiefs of Mission and Foreign Service offic

positions of equivalent importance.

Sec. 3. Participation

The participation of the United States in the Interna

Energy Agency shall be consistent with and in furtherance o

of the Agency set forth in its Statute and the policy c

development, use, and control of atomic energy set forth 

Energy Act of 1954, as amended. [The President shall, from 

as occasion may require, but not less that once each year, m

the Congress on the activities of the International Atomic E

and on the participation of the United States therein.]1

 In a

other requirements of law the Department of State and the A

Commission shall keep the Joint Committee on Atomic Ener

Committee on Foreign Affairs, and the Senate Committe

Relations, as appropriate, currently informed with respect to 

of the Agency and the participation of the United States the

Sec. 4. Voting

The representatives provided for in section 2 hereof, whe

the United States in the organs of the Agency, shall, at al

accordance with the instructions of the President, and such r

shall, in accordance with such instructions, cast any and all v

Statute of the International Atomic Energy Agency.

Sec. 5. Salaries and Expenses

There is hereby authorized to be appropriated ann

Department of State, out of any money in the Treasury 

appropriated, such sums as may be necessary for the pa

United States of its share of the expenses of the Interna

Energy Agency as apportioned by the Agency in acc

paragraph (D) of article XIV of the Statute of the Agenc

necessary salaries and expenses of the representatives pr

section 2 hereof and of their appropriate staffs, including per

without regard to the civil service laws and the Classificatio

as amended, travel expenses without regard to the 

Government Travel Regulations, as amended, the Travel E

1949, as amended, and section 10 of the Act of March 3, 1933

salaries as authorized by the Foreign Service Act of 1946, a

as authorized by the Atomic Energy Act of 1954, as a

expenses and allowances of personnel and dependents as aut

Foreign Service Act of 1946, as amended; services as 

section 15 of the Act of August 2, 1946 (5 USC 55a);2 transla

services, by contract; hire of passenger motor vehicles an

transportation; printing and binding without regard to sectio

of March 1, 1919 (44 USC 111); official functions and co

sums as may be necessary to defray the expenses of 

––––––––

1 Report is required by P.L. 89-348, § (20), 79 Stat. 1310 amended P.L

repealing the requirement of a report to the Congress by the Presiden

once each year on the activities of the International Atomic Energy A

participation of the United States therein. 2 P.L. 89-554, 80 Stat. 416 (1966) recodified section 15 of the Act of A

as 5 USC 3109.
as may be authorized by the Secretary of State.

Sec. 6. CSR/FEGLI Status

(a) Notwithstanding any other provision of law, Exec

regulation, a Federal employee who, with the approval o

agency or the head of the department by which he is employ

position to enter the employ of the Agency shall not be con

purposes of the Civil Service Retirement Act, as amended, a

Employees’ Group Life Insurance Act of 1954, as amended

from his Federal position during such employment with th

not to extend beyond the first three consecutive years of hi

employ of the Agency: Provided; (1) That he shall pay to the 

Commission within ninety days from the date he is sepa

prejudice from the Agency all necessary deductions 

contributions for coverage under the Civil Service Retireme

period of his employment by the Agency, and (2) That all d

agency contributions necessary for continued coverage und

Employees’ Group life Insurance Act of 1954, as amended, 

during the term of his employment with the International A

Agency. If such employee, within three years from th

employment with the Agency, and within ninety days from 

separated without prejudice from the Agency, applies to be 

Federal position, he shall within thirty days of such applicati

to such position or to a position of like seniority, status and 

(b) Notwithstanding any other provision of law, Exec

regulation, and Presidential appointee or elected officer w

position to enter, or who within ninety days after the term

position enters, the employ of the Agency, shall be entitled t

and benefits of the Civil Service Retirement Act, as ame

Federal Employees’ Group Life insurance Act of 1954, as 

not beyond the earlier of either the termination of his employ

Agency or the expiration of three years from the dat

employment with the Agency: Provided, (1) That he shall p

Service Commission within ninety days from the date h

without prejudice from the Agency all necessary deduction

contributions for coverage under the Civil Service Retireme

period of his employment by the Agency and (2) That all d

agency contributions necessary for continued coverage und

Employees’ Group Life Insurance Act of 1954, as amended, 

during the term of his employment with the Agency.

(c) The President is authorized to prescribe such regulati

necessary to carry out the provisions of this section and 

retirement, insurance and such other civil service rights and 

the President may find appropriate.

Sec. 7. Special Nuclear Material Compensation

Section 54 of the Atomic Energy Act of 1954, as amende

by adding the following new sentences: “Unless hereaft

––––––––

3 Repealed by P.L. 85-795, 72 Stat. 962 (1958). This statute provided t

Section 6(a) of the International Atomic Energy Agency Participation 

USC 2025(a)], is repealed except that it shall be considered to remain 

respect to any employee subject thereto who is serving as an employe

International Atomic Energy Agency on the date of enactment of this 

1958] and who does not make the election referred to in section 6, an

purposes of any rights and benefits vested there under prior to such d

5 USC 8301.

5 USC 8701.
charges applicable to the domestic distribution of such m

that the Commission to assist and encourage research on pe

for medical therapy may so distribute without charge during 

year only a quantity of such material which at the time of tra

exceed in value $10,000 in the case of one nation or $50,000 

any group of nations. The Commission may distribute to the 

Atomic Energy Agency, or to any group of nations, only su

special nuclear materials and for such periods of time as are 

Congress: Provided, however, That, notwithstanding this 

Commission is hereby authorized subject to the provisions o

to distribute to the Agency five thousand kilograms of cont

235, together with the amounts of special nuclear materi

match in amount the sum of all quantities of special nuclear m

available by all other members of the Agency to July 1, 196

Sec. 8. Authority Termination

In the event of an amendment to the Statute of the A

adopted in accordance with article XVIII-C of the Statute 

Senate by formal vote shall refuse its advice and consent, upo

by the Senate to the President of such refusal to advise an

further authority under sections 2, 3, 4, and 5 of this Act, as a

terminate: Provided, however, That the Secretary of Stat

regulations as the President shall promulgate, shall have 

authority to complete the prompt and orderly settlement of o

commitments to the Agency already incurred and pay salarie

travel expenses, and other expenses required for a promp

termination of United States participation in the Agency: 

further, That the representative and the deputy representative 

States to the Agency, and such other officers or employee

the United States in the Agency, under such regulations as 

shall promulgate, shall retain their authority under this Act 

as may be necessary to complete the settlement of matters 

the United States participation in the Agency.
Article I–Establishment of the Agency

The Parties hereto establish an International Atomic E

(hereinafter referred to as “the Agency” upon the terms a

hereinafter set forth.

Article II–Objectives

The Agency shall seek to accelerate and enlarge the c

atomic energy to peace, health, and prosperity throughout 

shall ensure, so far as it is able, that assistance provided 

request or under its supervision or control is not used in suc

further any military purpose.

Article III–Function

A. The Agency is authorized:

1. To encourage and assist research on, and dev

practical applications of, atomic energy for peaceful us

the world; and, if requested to do so, to act as an interm

purposes of securing the performance of services or the 

materials, equipment, or facilities by one member of th

another; and to perform any operation or service useful i

or development or practical application of, atomic energ

purposes.

2. To make provision, in accordance with this Statute

services, equipment, and facilities to meet the needs of re

development and practical application of, atomic energ

purposes, including the production of electric pow

consideration for the needs of the underdeveloped areas 

3. To foster the exchange of scientific and technical i

peaceful use of atomic energy;

4. To encourage the exchange of scientific and trainin

and experts in the field of peaceful uses of atomic energ

5. To establish and administer safeguards designed 

special fissionable and other materials, services, equipm

and information made available by the Agency or at its re

its supervision or control are not used in a way as to furth

purposes; and to apply safeguards, at the request of the 

bilateral or multilateral arrangement, or at the request of 

of that State’s activities in the field of atomic energy;

6. To establish or adopt, in consultation and, where a

collaboration with the competent organs of the United 

with the specialized agencies concerned, standards 

protection of health and minimization of danger to life 

(including such standards for labour conditions), and to p

applications of these standards to its own operations as 

operations making use of materials, services, equipment, 

information made available by the Agency or at its reque

control or supervision; and to provide for the applic

standards, at the request of the parties, to operations unde

or multilateral arrangement, or, at the request of a State, 

State’s activities in the field of atomic energy;

7. To acquire or establish any facilities, plant and equ

in carrying out its authorized functions, whenever the fa
B. In carrying out its functions, the Agency shall:

1. Conduct its activities in accordance with the 

principles of the United Nations to promote peace and 

cooperation, and in conformity with policies of the U

furthering the establishment of safeguarded worldwide 

and in conformity with any international agreements 

pursuant to such policies;

2. Establish control over the use of special fission

received by the Agency, in order to ensure that these mat

only for peaceful purposes;

3. Allocate its resources in such a manner as to se

utilization and the greatest possible general benefit in a

world, bearing in mind the special needs of the underde

of the world;

4. Submit reports on the activities annually to 

Assembly of the United Nations and, when appropriate, 

Council, if in connection with the activities of the Agenc

arise questions that are within the competence of the Sec

the Agency shall notify the Security Council, as the org

main responsibility for the maintenance of internation

security, and may also take the measures open to it und

including those provided in paragraph C of Article XII;

5. Submit reports to the Economic and Social Cou

organs of the United Nations on matters within the compe

organs.

C. In carrying out its functions, the Agency shall not m

to members subject to any political, economic, military, or ot

incompatible with the provisions of this Statute.

D. Subject to the provisions of this Statute and to 

agreement concluded between a State or a group of States an

which shall be in accordance with the provisions of th

activities of the Agency shall be carried out with due obse

sovereign rights of States.

Article IV–Membership

A. The initial members of the agency shall be those State

the United Nations or of any of the specialized agencies wh

signed this Statute within ninety days after it is opened for 

shall have deposited an instrument or ratification.

B. Other members of the Agency shall be those States, w

Members of the United Nations or of any of the special

which deposit an instrument of acceptance of this Statu

membership has been approved by the General Confere

recommendation of the Board of Governors. In recom

approving a State for membership, the Board of Governors an

Conference shall determine that the State is able and willin

the obligations of membership in the Agency, giving due co

its ability and willingness to act in accordance with the 

principles of the Charter of the United Nations.

C. The Agency is based on the principle of the soverei

all its members, and all members, in order to ensure to all of t

and benefits resulting from membership, shall fulfill in g

obligations assumed by them in accordance with this Statute
A. A General Conference consisting of representatives o

shall meet in regular annual session and in such special se

be convened by the District General at the request of 

Governors or of a majority of members. The sessions shal

the headquarters of the Agency unless otherwise determ

General Conference.

B. At such sessions, each member shall be represented b

who may be accompanied by alternates and by advisers

attendance of any delegation shall be borne by the member 

C. The General Conference shall elect a President an

officers as may be required at the beginning of each sessio

hold office for the duration of the session. The General Confe

to the provisions of this Statute, shall adopt its own rules 

Each member shall have one vote. Decisions pursuant to p

Article XIV, paragraph C of article XVIII, and paragraph B 

shall be made by a two-thirds majority of the members prese

Decisions on other questions, including the determination 

questions or categories of questions to be decided by a two-th

shall be made by a majority of the members present and votin

of members shall constitute a quorum.

D. The General Conference may discuss any questions 

within the scope of this Statute or relating to the powers an

any organs provided for in this Statute, and may make reco

to the membership of the Agency or to the Board of Govern

on any such questions or matters.

E. The General Conference shall:

1. Elect members of the Board of Governors in ac

article VI;

2. Approve States for membership in accordance wit

3. Suspend a member from the privileges and rights o

in accordance with Article XIX;

4. Consider the annual report of the Board;

5. In accordance with Article XIV, approve the 

Agency recommended by the Board or return it with reco

as to its entirety or parts to the Board, for resubmission 

Conference;

6. Approve reports to be submitted to the Unite

required by the relationship agreement between the Ag

United Nations, except report referred to in paragraph C 

or return them to the Board with its recommendations;

7. Approve any agreement or agreements between th

the United Nations and other organizations as provided i

or return such agreements with its recommendations to 

resubmission to the General Conference;

8. Approve rules and limitations regarding the 

borrowing powers by the Board, in accordance with p

Article XIV; approve rules regarding the acceptance 

contributions to the Agency; and approve, in acc

paragraph F of Article XIV, the manner in which the 

referred to in that paragraph may be used;

9. Approve amendments to this Statute in acc

paragraph C of Article XVIII.
F. The General Conference shall have the authority:

1. To take decisions on any matter specifically r

General Conference for this purpose by the Board;

2. To propose matters for consideration by the Boar

from the Board reports on any matter relating to the fu

Agency.

Article VI–Board of Governors

A. The Board of Governors shall be composed as follow

1. The outgoing Board of Governors shall 

membership on the Board the ten members most adv

technology of atomic energy including the producti

materials, and the member most advanced in the technol

energy including the production of source materials i

following areas in which none of the aforesaid ten is loc

(1) North America

(2) Latin America

(3) Western Europe

(4) Eastern Europe

(5) Africa

(6) Middle East and South Asia

(7) South East Asia and the Pacific

(8) Far East

2. The outgoing Board of Governors (or in the ca

Board, the Preparatory Commission referred to in A

designate for membership on the Board two members fr

following other producers of source material

Czechoslovakia, Poland, and Portugal; and shall also 

membership on the Board one other member as a suppli

assistance. No member in this category in any one year w

for redesignation in the same category for the following 

3. The General Conference shall elect ten members t

on the Board of Governors, with due regard to equitable 

on the Board as a whole of the members in the a

subparagraph A-1 of this article, so that the Board sha

include in this category a representative of each of thos

North America. Except for the five members chosen for 

year in accordance with paragraph D of this article, no m

category in any one term of office will be eligible for ree

same category for the following term of office.

B. The designations provided for in subparagraphs A-1 a

article shall take place not less than sixty days before each 

session of the General Conference. The elections pro

subparagraph A-3 of this article shall take place at regular a

of the General Conference.

C. Members represented on the Board of Governors in ac

subparagraph A-1 and A-2 of this article shall hold office fr

the next regular annual session of the General Conferen

designation until the end of the following regular annual s

General Conference.

D. Members represented on the Board of Governors in ac

subparagraph A-3 of this Article shall hold office from t

regular annual session of the General Conference at which th
however, five shall be chosen for a term of one year.

E. Each member of the Board of Governors shall h

Decisions on the amount of the Agency’s budget shall be m

thirds majority of those present and voting, as provided in p

Article XIV. Decisions on other questions, including the de

additional questions or categories of questions to be decid

thirds majority, shall be made by a majority of those prese

Two-thirds of all members of the Board shall constitute a qu

F. The Board of Governors shall have authority to 

functions of the Agency in accordance with this Statute, 

responsibilities to the General Conference as provided in th

G. The Board of Governors shall meet at such tim

determine. The meetings shall take place at the headquarters 

unless otherwise determined by the Board.

H. The Board of Governors shall elect a Chairman and 

from among its members and, subject to the provisions of thi

adopt its own rules of procedure.

I. The Board of Governors may establish such committe

advisable. The Board may appoint persons to represent it i

with other organizations.

J. The Board of Governors shall prepare an annual report 

Conference concerning the affairs of the Agency and 

approved by the Agency. The Board shall also prepare for 

the General Conference such reports as the Agency is or m

to make to the United Nations or to any other organizatio

which is related to that of the Agency. These reports, along w

reports, shall be submitted to members of the Agency at le

before the regular annual session of the General Conference

Article VII–Staff

A. The staff of the Agency shall be headed by a Director 

Director General shall be appointed by the Board of Gove

approval of the General Conference for a term of four year

the chief administrative officer of the Agency.

B. The Director General shall be responsible for the 

organization, and functioning of the staff and shall be unde

of and subject to the control of the Board of Governors. He 

his duties in accordance with regulations adopted by the Bo

C. The staff shall include such qualified scientific and 

other personnel as may be required to fulfill the objectives 

of the Agency. The Agency shall be guided by the prin

permanent staff shall be kept to a minimum. 

D. The paramount consideration in the recruitment and e

the staff and in the determination of the conditions of serv

secure employees of the highest standards of efficien

competence, and integrity. Subject to this consideration, du

be paid to the contributions of members of the Agenc

importance of recruiting the staff on as wide a geograp

possible.

E. The terms and conditions on which the staff shall 

remunerated, and dismissed shall be in accordance with reg

by the Board of Governors, subject to provisions of this 
F. In the performance of their duties, the Director Genera

shall not seek or receive instruction from any source e

Agency. They shall refrain from any action which might r

position as officials of the Agency; subject to their respons

Agency, they shall not disclose any industrial secret or othe

information coming to their knowledge by reason of their 

for the Agency. Each member undertakes to respect the 

character of the responsibilities of the Director General and 

not seek to influence them in the discharge of their duties.

G. In this article the term “staff” includes guards.

Article VIII–Exchange of Information

A. Each member should make available such informatio

the judgment of the member, be helpful to the Agency.

B. Each member shall make available to the Agency 

information developed as a result of assistance extended b

pursuant to article XI.

C. The Agency shall assemble and make available in 

form the information made available to it under paragraphs A 

article. It shall take positive steps to encourage the exchan

members of information relating to the nature and peaceful 

energy and shall serve as an intermediary among its mem

purpose.

Article IX–Supplying of Materials

A. Members may make available to the Agency such 

special fissionable materials, as they deem advisable and on 

shall be agreed with the Agency. The materials made av

Agency may, at the discretion of the member making them 

stored either by the member concerned or, with the agre

Agency, in the Agency’s depots.

B. Members may also make available to the Agency so

as defined in article XX and other materials. The Board of G

determine the quantities of such materials which the Agen

under agreements provided for in article XIII.

C. Each member shall notify the Agency of the quantit

composition of special fissionable materials, source materi

materials which that member is prepared, in conformity wi

make available immediately or during a period specified by 

Governors.

D. On request of the Agency a member shall, from the m

it has made available, without delay deliver to another mem

of members such quantities of such materials as the Agency 

and shall without delay deliver to the Agency itself such qua

materials as are really necessary for operations and scienti

the facilities of the Agency.

E. The quantities, form and composition of materials m

by any member may be changed at any time by the mem

approval of the Board of Governors.

F. An initial notification in accordance with paragraph C 

shall be made within three months of the entry into force 

with respect to the member concerned. In the absence 

decision of the Board of Governors, the materials initially m
notifications shall likewise, in the absence of a contrary 

Board, relate to the period of the calendar year following th

and shall be made no later than the first day of November o

G. The Agency shall specify the place and method of 

where appropriate, the form and composition, of materials 

requested a member to deliver from the amounts which tha

notified the Agency it is prepared to make available. The Ag

verify the quantities of materials delivered and shall report th

periodically to the members.

The Agency shall be responsible for storing and protectin

its possession. The Agency shall ensure that these mate

safeguarded against (1) hazards of the weather, (2) unautho

or diversion, (3) damage or destruction, including sabo

forcible seizure. In storing special fissionable materials in 

the Agency shall ensure the geographical distribution of the

any one country or region of the world.

I. The Agency shall as soon as practicable establish or a

the following as may be necessary:

1. Plant, equipment, and facilities for the receipt, stor

of materials;

2. Physical safeguards;

3. Adequate health and safety measures;

4. Control laboratories for the analysis and verificatio

received;

5. Housing and administrative facilities for any staf

the foregoing.

J. The materials made available pursuant to this article sh

determined by the Board of Governors in accordance with 

of this Statute. No member shall have the right to require tha

it makes available to the Agency be kept separately by the 

designate the specific project in which they must be used.

Article X–Services, Equipment, and Facilitie

Members may make available to the Agency services, e

facilities which may be of assistance in fulfilling the Agenc

and functions.

Article XI–Agency Projects

A. Any member or group of members of the Agency des

any project for research on, or development or practical 

atomic energy for peaceful purposes may request the ass

Agency in securing special fissionable and other mater

equipment, and facilities necessary for this purpose. Any suc

be accompanied by an explanation of the purpose and extent 

and shall be considered by the Board of Governors.

B. Upon request, the Agency may also assist any memb

members to make arrangements to secure necessary financin

sources to carry out such projects. In extending this assistanc

will not be required to provide any guarantees or to assume 

responsibility for the project.

C. The Agency may arrange for the supplying of a

services, equipment, and facilities necessary for the project b

members or may itself undertake to provide any or all of 
D. For the purpose of considering the request, the Age

into the territory of the member or group of members maki

a person or persons qualified to examine the project. For th

Agency may, with the approval of the member or group 

making the request, use members of its own staff or em

qualified nationals of any member.

E. Before approving a project under this article, 

Governors shall give due consideration to:

1. The usefulness of the project, including its 

technical feasibility;

2. The adequacy of plans, funds, and technical perso

the effective execution of the project;

3. The adequacy of proposed health and safety 

handling and storing materials and for operating facilitie

4. The inability of the member or group of membe

request to secure the necessary finances, materia

equipment, and services;

5. The equitable distribution of materials and ot

available to the Agency;

6. The special needs of the underdeveloped areas of 

7. Such other matters as may be relevant.

F. Upon approving a project, the Agency shall enter into 

with the member or group of members submitting the p

agreement shall:

1. Provide for allocation to the project of any re

fissionable or other materials;

2. Provide for transfer of special fissionable materi

then place of custody, whether the materials be in the c

Agency or of the member making them available for u

projects, to the member or group of members submittin

under conditions which ensure the safety of any shipmen

meet applicable health and safety standards;

3. Set forth the terms and conditions, including char

any materials, services, equipment, and facilities are to b

the Agency itself, and, if any such materials, services, e

facilities are to be provided by a member, the terms and 

arranged for by the member or group of members s

project and the supplying member;

4. Include undertakings by the member or group 

submitting the project: (a) that the assistance provided sh

in such a way as to further any military purpose; and (b) t

shall be subject to the safeguards provided for in ar

relevant safeguards being specified in the agreement;

5. Make appropriate provisions regarding the rights a

the Agency and the member or members concerned in a

or discoveries, or any patents therein, arising from the p

6. Make appropriate provision regarding settlement o

7. Include such other provisions as may be appropria

G. The provisions of this article shall also apply where 

a request for materials, services, facilities, or equipment in co

an existing project.
Agency is requested by the parties concerned to apply s

Agency shall have the following rights and responsibilities 

relevant to the project or arrangement:

1. To examine the design of specialized equipment 

including nuclear reactors, and to approve it only from 

of assuring that it will not further any military purpose, th

with applicable health and safety standards, and that 

effective application of the safeguards provided for in th

2. To require the observance of any health and sa

prescribed by the Agency;

3. To require the maintenance and production of ope

to assist in ensuring accountability for source and spec

materials used or produced in the project or arrangemen

4. To call for and receive progress reports;

5. To approve the means to be used for the chemical 

irradiated materials solely to ensure that this chemical p

not lend itself to diversion of materials for military purp

comply with applicable health and safety standards; t

special fissionable materials recovered or produced as a 

used for peaceful purposes under, continuing Agency 

research or in reactors, existing or under construction, sp

member or members concerned; and to require dep

Agency of any excess of any special fissionable material

produced as a by-product over what is needed for the abo

in order to prevent stockpiling of these materials, 

thereafter at the request of the member or members con

fissionable materials so deposited with the Agency sha

promptly to the member or members concerned for use u

provisions as stated as above;

6. To send into the territory of the recipient St

inspectors, designated by the Agency after consultation 

or States concerned, who shall have access at all times to 

data and to any person who by reason of his occupati

materials, equipment, or facilities which are required by 

be safeguarded, as necessary to account for source 

fissionable materials supplied and fissionable prod

determine whether there is a compliance with the under

use in furtherance of any military purpose referred to in 

F-4 of article XI, with the health and safety measures 

subparagraph A-2 of this article, and with any oth

prescribed in the agreement between the Agency and the 

concerned. Inspectors designated by the Agency shall be 

by representatives of the authorities of the State concerne

so requests, provided that the inspectors shall not there

or otherwise impeded in the exercise of their functions.

7. In the event of noncompliance and failure by the r

or States to take requested corrective steps within a reaso

suspend or terminate assistance and withdraw any 

equipment made available by the Agency or a member 

of the project.

B. The Agency shall, as necessary, establish a staff of in

staff of inspectors shall have the responsibility of examining 

conducted by the Agency itself to determine whether t
whether the Agency is taking adequate measures to prevent 

special fissionable materials in its custody or used or produ

operations from being used in furtherance of any military 

Agency shall take remedial action forthwith to correct any n

or failure to take adequate measures.

C. The staff of inspectors shall also have the responsibilit

and verifying the accounting referred to in subparagraph A-6 

and of determining whether there is compliance with th

referred to in subparagraph A-2 of this article, and with all ot

of the project prescribed in the agreement between the A

State or States concerned. The inspectors shall report any n

to the Director General who shall thereupon transmit the 

Board of Governors. The Board shall call upon the recipient 

to remedy forthwith any noncompliance which it finds to h

The Board shall report the noncompliance to all membe

Security Council and General Assembly of the United N

event of failure of the recipient State or States to take fu

action within a reasonable time, the Board may take one 

following measures: direct curtailment or suspension of as

provided by the Agency or by a member, and call for the retu

and equipment made available to the recipient members 

members. The Agency may also, in accordance with article 

any noncomplying member from the exercise of the privile

of membership.

Article XIII–Reimbursement of Members

Unless otherwise agreed upon between the Board of Gov

members furnishing to the Agency materials, services, 

facilities, the Board shall enter into an agreement with 

providing for reimbursement for the items furnished.

Article XIV–Finance

A. The Board of Governors shall submit to the General C

annual budget estimates for the expenses of the Agency. To 

work of the Board in this regard, the Director General 

prepare the budget estimates. If the General Conference doe

the estimates, it shall return them together with its recommen

Board. The Board shall then submit further estimates to 

Conference for its approval.

B. Expenditures of the Agency shall be classified under 

categories:

1. Administrative expenses: These shall include:

(a) Costs of the staff of the Agency other t

employed in connection with materials, services, equipment

referred to in subparagraph B-2 below; costs of meetings; and 

required for the preparation of Agency projects and for the 

information;

(b) Costs of implementing the safeguards referre

XII in relation to agency projects or, under subparagraph A-

in relation to any bilateral or multilateral arrangement, tog

costs of handling and storage of special fissionable material 
2. Expenses, other than those included in subparag

paragraph in connection with any materials, facilitie

equipment acquired or established by the Agency in ca

authorized functions, and the costs of materials, services, e

facilities provided by it under agreements with one or more 

C. In fixing the expenditures under subparagraph B-1

Board of Governors shall deduct such amounts as are reco

agreements regarding the application of safeguards betwee

and parties to bilateral or multilateral arrangements.

D. The Board of Governors shall apportion the expenses 

subparagraph B-1 above, among members in accordance wit

fixed by the General Conference. In fixing the scale 

Conference shall be guided by the principles adopted b

Nations in assessing contributions of Member States to the r

of the United Nations.

E. The Board of Governors shall establish periodica

charges, including reasonable uniform storage and handlin

materials, services, equipment, and facilities furnished to m

Agency. The scale shall be designed to produce revenues f

adequate to meet the expenses and costs referred to in subp

above, less any voluntary contributions which the Board 

may, in accordance with paragraph F, apply for this purpose

of such charges shall be placed in a separate fund which sh

pay members for any materials, services, equipment, or facil

by them and to meet other expenses referred to in subparagra

which may be incurred by the Agency itself.

F. Any excess of revenues referred to in paragraph E ove

and costs there referred to, and any voluntary contributions t

shall be placed in a general fund which may be used as 

Governors, with the approval of the General Conference, m

G. Subject to rules and limitations approved by 

Conference, the Board of Governors shall have the author

borrowing powers on behalf of the Agency without, howeve

members of the Agency any liability in respect of loans 

pursuant to this authority, and to accept voluntary contribu

the Agency.

H. Decisions of the General Conference on financial qu

the Board of Governors on the amount of the Agency’s budge

a two-thirds majority of those present and voting.

Article XV–Privileges and Immunities

A. The Agency shall enjoy in the territory of each mem

capacity and such privileges and immunities as are nece

exercise of its functions.

B. Delegates of members together with their alternates 

Governors appointed to the Board together with their a

advisers, and the Director General and the staff of the Agen

such privileges and immunities as are necessary in the 

exercise of their functions in connection with the Agency.

C. The legal capacity, privileges and immunities refer

article shall be defined in a separate agreement or agreemen

Agency, represented for this purpose by the Director Genera

instructions of the Board of Governors, and the members.
A. The Board of Governors, with the approval of 

Conference, is authorized to enter into an agreement o

establishing an appropriate relationship between the Ag

United Nations and any other organizations the work of whi

that of the Agency.

B. The agreement or agreements establishing the relat

Agency and the United Nations shall provide for:

1. Submission by the Agency of reports as pro

subparagraphs B-4 and B-5 of Article III;

2. Consideration by the Agency of resolutions relatin

by the General Assembly or any of the Councils of the U

and the submission of reports, when requested, to the app

of the United Nations on the action taken by the Age

members in accordance with this Statute as a re

consideration.

Article XVII–Settlement of Disputes

A. Any question or dispute concerning the interpretation 

of this Statute which is not settled by negotiation shall be r

International Court of Justice in conformity with the Statut

unless the parties concerned agree on another mode of settle

B. The General Conference and the Board of Governors 

empowered, subject to authorization from the General As

United Nations, to request the International Court of Just

advisory opinion on any legal question arising within the 

Agency’s activities.

Article XVIII–Amendments and Withdrawa

A. Amendments to this Statute may be proposed by 

Certified copies of the text of any amendment proposed sha

by the Director General and communicated by him to all me

ninety days in advance of its consideration by the General C

B. At the fifth annual session of the General Conference 

coming into force of this Statute, the question of a general 

provisions of this Statute shall be placed on the agenda of th

approval by a majority of the members present and voting, t

take place at the following General Conference. Thereafter

the question of a general review of this Statute may be 

decision by the General Conference under the same procedu

C. Amendments shall come into force for all members w

(i) Approved by the General Conference by 

majority of those present and voting after con

observations submitted by the Board of Gover

proposed amendment, and

(ii) Accepted by two-thirds of all the 

accordance with their respective constitution

Acceptance by a member shall be effected by the 

instrument of acceptance with the depository 

referred to in paragraph C of Article XXI.

D. At any time after five years from the date when thi

take effect in accordance with paragraph E of Article XXI 

member is unwilling to accept an amendment to this S

withdraw from the Agency by notice in writing to that effe
E. Withdrawal by a member from the Agency shall 

contractual obligations entered into pursuant to Article XI o

obligations for the year in which it withdraws.

Article XIX–Suspension of Privileges

A. A member of the Agency which is in arrears in the p

financial contributions to the agency shall have no vote in 

the amount of its arrears equals or exceeds the amount of the 

due from it for the preceding two years. The General Con

nevertheless, permit such a member to vote if it is satisfied t

to pay is due to conditions beyond the control of the membe

B. A member which has persistently violated the prov

Statute or of any agreement entered into by it pursuant to th

be suspended from the exercise of the privileges and rights o

by the General Conference acting by a two-thirds majority o

present and voting upon recommendation by the Board of G

Article XX–Definitions

As used in this Statute:

1. The term “special fissionable materials” means p

uranium-233; uranium enriched in the isotopes 235 or 233

containing one or more of the foregoing; and such oth

material as the Board of Governors shall from time to time d

the term “special fissionable material” does not include sou

2. The term “uranium enriched in the isotopes 235 o

uranium containing the isotopes 235 or 233 or both in an am

the abundance ratio of the sum of these isotopes to the i

greater than the ratio of the isotope 235 to the isotope 23

nature.

3. The term “source material” means uranium containin

of isotopes occurring in nature; uranium depleted in the 

thorium; any of the foregoing in the form of metal, al

compound, or concentrate; any other material containing o

the foregoing in such concentration as the Board of Govern

time to time determine; and such other materials as the Board 

shall from time to time determine.

Article XXI–Signature, Acceptance, and Entry int

A. This Statute shall be open for signature on 26 Octob

States Members of the United Nations or of any of the specia

and shall remain open for signature by those States for a pe

days.

B. The signatory States shall become parties to this Stat

of an instrument of ratification.

C. Instruments of ratification by signatory States and i

acceptance by States whose membership has been ap

paragraph B of article IV of this Statute shall be depos

Government of the United States of America, hereby 

depository Government.

D. Ratification or acceptance of this Statute shall be effe

in accordance with their respective constitutional processes

E. This Statute, apart from the Annex, shall come int

eighteen States have deposited instruments of ratification 

5 USC 5101.

5 USC 5701.

5 USC 5731.
Soviet Socialist Republics, the United Kingdom of Grea

Northern Ireland, and the United States of America. In

ratification and instruments of acceptance deposited therea

effect on the date of their receipt.

F. The depository Government shall promptly info

signatory to this Statute of the date of each deposit of ratifi

date of entry into force of the Statute. The depository Gov

promptly inform all signatories and members of the dates on 

subsequently become parties thereto.

G. The Annex to this Statute shall come into force on th

Statute is open for signature.

Article XXII–Registration with the United Nat

A. This Statute shall be registered by the depository 

pursuant to Article 102 of the Charter of the United Nations

B. Agreements between the Agency and any member 

agreements between the Agency and any organizati

organizations, and agreements between members subject to a

Agency, shall be registered with the Agency. Such agreem

registered by the Agency with the United Nations if registrat

under Article 102 of the Charter of the United Nations.

Article XXIII–Authentic Texts and Certified Co

This Statute, done in the Chinese, English, French, 

Spanish languages, each being equally authentic, shall be de

archives of the depository Government. Duly certified c

Statute shall be transmitted by the depository Govern

Governments of the other signatory States and to the Go

States admitted to membership under paragraph B of Article 

In witness whereof the undersigned, duly authorized, ha

Statute.

Done at the Headquarters of the United Nations, this tw

of October, one thousand nine hundred and fifty-six.
A. A Preparatory Commission shall come into existen

day this Statute is open for signature. It shall be com

representative each of Australia, Belgium, Braz

Czechoslovakia, France, India, Portugal, Union of South Af

Soviet Socialist Republics, United Kingdom of Great Britain 

Ireland, and United States of America, and one representati

other States to be chosen by the International Conference on 

the International Atomic Energy Agency. The Preparator

shall remain in existence until this Statute comes into force 

until the general Conference has convened and a Board of G

been selected in accordance with Article VI.

B. The expenses of the Preparatory Commission may be 

provided by the United Nations and for this purpose th

Commission shall make the necessary arrangements with th

authorities of the United Nations, including arrangements 

of the loan by the Agency. Should these funds be ins

Preparatory Commission may accept advances from Gover

advances may be set off against the contributions of the 

concerned to the Agency.

C. Preparatory commission shall–

1. Elect its own officers, adopt its own rules of proc

often as necessary, determine its own place of meeting 

such committees as it deems necessary.

2. Appoint an executive secretary and staff as shall 

who shall exercise such powers and performs such 

Commission may determine;

3. Make arrangements for the first session of 

Conference, including the preparation of a provisional ag

rules of procedure, such session to be held as soon as po

entry into force of this Statute;

4. Make designations for membership on the f

Governors in accordance with subparagraph A-1 a

paragraph B of Article VI;

5. Make studies, reports, and recommendations for th

of the General conference and for the first meeting of 

Governors on subjects of concern to the Agency requiri

attention, including (a) the financing of the Agency; (b) 

and budget for the first year of the Agency; (c) techn

relevant to advance planning of Agency operati

establishment of a permanent Agency staff; and (e) the l

permanent headquarters of the Agency;

6. Make recommendations for the first meeting of 

Governors concerning the provisions of a headquarte

defining the status of the Agency and the rights and obli

will exist in the relationship between the Agency 

Government;

7. (a) Enter into negotiations with the United Nation

to the preparation of a draft agreement in accordance wit

of this Statute, such draft agreement to be submitted to th

of the general Conference and to the first meeting of 

Governors; and (b) make recommendations to the first 

General Conference and to the first meeting of the Board 
Summary of the Statute of the International Atomic En

ARTICLES I AND II

The statute upon its entry into force will establish the 

Atomic Energy Agency, the basic objective of which 

accelerate and enlarge the contribution of atomic energy to 

and prosperity throughout the world without at the same ti

any military purpose.

ARTICLE III

The functions of the Agency set forth in article III of the 

to encourage and assist research on, and development 

application of, atomic energy for peaceful purposes through

(b) to make provisions for materials, services, equipment, 

needed to carry out the foregoing purposes; (c) to foster th

scientific and technical information on, and the exchange a

scientist and experts in, the peaceful uses of atomic energy; (

and administer safeguards to ensure that fissionable or ot

services, equipment, facilities, and information with whic

deals are not uses to further any military purpose; (e) to par

establishment, adoption, and application of standards of 

protection of health and the minimization of danger to life 

from activities in the field of atomic energy; and (f) to acqui

any facilities, plant, and equipment useful in carrying out 

functions.

In carrying out its functions, the Agency is required by 

to conduct its activities in accordance with the purposes and 

the United Nations and, in particular in conformity with U

policies furthering the establishment of a safeguarde

disarmament; (b) to control the use of such fissionable m

received by the Agency so as to ensure that they are used on

purposes; (c) to allocate its resources so as to secure effici

and wide distribution of their benefits throughout the wor

mind the special needs of the underdeveloped areas; (d) to 

reports on its activities to the General Assembly of the Unite

when appropriate, to submit reports and information to 

Council, Economic and Social Council, and other organs 

Nations; (f) to refuse to give assistance to member countries 

economic, military, or other conditions that are inconsis

statute; and (g) subject to the terms of any agreements that 

between a state or group of states and the Agency, to give d

to the sovereign rights of states.

ARTICLE IV

Initial members of the Agency are to be states members 

Nations or of any of the specialized agencies which sign

within 90 days after it was opened for signature and w

instruments of ratification. The following 30 states sign

during the period it was open for signature: (From Oct. 2

period of 90 days.)
ratifications were required to bring the IAEAs Statute into 

29, 1957, the States in italics–as well as the former Czecho

ratified the Statute. By the end of 1957, the following states 

Statute: (Names of States are not necessarily their historical 

Afghanistan Albania

Argentina Australia

Austria Belarus

Brazil Bulgaria

Canada Cuba

Denmark Dominican Republic

Egypt El Salvador

Ethiopia France

Germany Greece

Guatemala Haiti

Holy See Hungary

Iceland India

Indonesia Israel

Italy Japan

Republic of Korea Monaco

Morocco Myanmar

Netherlands New Zealand

Norway Pakistan

Paraguay Peru

Poland Portugal

Romania Russian Federation

South Africa Spain

Sri Lanka Sweden

Switzerland Thailand

Tunisia Turkey

Ukraine United Kingdom

United States Venezuela

Viet Nam Yugoslavia
OF SAFEGUARDS IN THE UNITED STATES OF AMERI

Whereas the United States of America (hereinafter referred to as the “U

is a Party to the Treaty on the Non-Proliferation of Nuclear Weapons (herei

to as the “Treaty”) which was opened for signature at London, Moscow an

on 1 July 1968 and which entered into force on 5 March 1970;

Whereas States Parties to the Treaty undertake to co-operate in f

application of International Atomic Energy Agency (hereinafter referr

“Agency”) safeguards on peaceful nuclear activities;

Whereas non-nuclear-weapon States Parties to the Treaty underta

safeguards, as set forth in an agreement to be negotiated and concluded wit

on all source or special fissionable material in all their peaceful nuclear ac

exclusive purpose of verification of the fulfillment of their obligations un

with a view to preventing diversion of nuclear energy from peaceful u

weapons or other nuclear explosive devices;

Whereas the United States, a nuclear-weapon State as defined by th

indicated that at such time as safeguards are being generally applied in ac

paragraph 1 of Article III of the Treaty, the United States will permit the Ag

its safeguards to all nuclear activities in the United States–excluding only tho

national security significance–by concluding a safeguards agreement with t

that purpose;

Whereas the United States has made this offer and has entered into this 

the purpose of encouraging widespread adherence to the Treaty by demon

nuclear-weapon States that they would not be placed at a commercial di

reason of the application of safeguards pursuant to the Treaty;

Whereas the purpose of a safeguard agreement giving effect to this offer 

States would thus differ necessarily from the purposes of safeguard

concluded between the Agency and non-nuclear-weapon States Party to the 

Whereas it is in the interest of Members of the Agency, that, without p

principles and integrity of the Agency’s safeguards system, the expen

Agency’s financial and other resources for implementation of such an a

exceed that necessary to accomplish the purpose of the Agreement;

Whereas the Agency is authorized, pursuant to Article III of the 

International Atomic Energy Agency (hereinafter referred to as the “Statute”

such a safeguards agreement;

Now, therefore, the United States and the Agency have agreed as follow

PART I

ARTICLE 1

(a) The United States undertakes to permit the Agency to apply s

accordance with the terms of this Agreement, on all source or special fission

in all facilities within the United States, excluding only those facilities a

activities with direct national security significance to the United States, wh

enabling the Agency to verify that such material is not withdrawn, except a

in this Agreement, from activities in facilities while such material is bein

under this Agreement.

(b) The United States shall, upon entry in force of this Agreement, provi

with a list of facilities within the United States not associated with activit

national security significance to the United States and may, in accord

procedures set forth in Part II of this Agreement, add facilities to or remove 

that list as it deems appropriate.
referred to in Article 1(b).

ARTICLE 2

(a) The Agency shall have the right to apply safeguards in accordance 

of this Agreement on all source or special fissionable material in all facili

United States, excluding only those facilities associated with activities with 

security significance to the United States, with a view to enable the Agency 

such material is not withdrawn, except as provided for in this Agreement, f

in facilities while such material is being safeguarded under this Agreement

(b) The Agency shall, from time to time, identify to the United States th

selected from the then current list provided by the United States in accordanc

1(b) in which the Agency wishes to apply safeguards, in accordance with th

Agreement.

(c) In identifying facilities and in applying safeguards thereafter on sou

fissionable material in such facilities, the Agency shall proceed in a man

Agency and the United States mutually agrees takes into account the requi

United States to avoid discriminatory treatment as between United State

firms similarly situated.

ARTICLE 3

(a) The United States and the Agency shall co-operate to facilitate the im

of the safeguards provided for in this Agreement.

(b) The source or special fissionable material subject to safeguar

Agreement shall be that material in those facilities which shall have been id

Agency at any given time pursuant to Article 2(b).

(c) The safeguards to be applied by the Agency under this agreement 

special fissionable materials in facilities in the United States shall be imple

same procedures followed by the Agency in applying its safeguards on simi

similar facilities in non-nuclear-weapon States under agreement pursuant t

of Article III of the Treaty.

ARTICLE 4

The safeguards provided for in this Agreement shall be implemented 

designed:

(a) To avoid hampering the economic and technological development 

States or international co-operation in the field of peaceful nuclear activi

international exchange of nuclear material;

(b) To avoid undue interference in peaceful nuclear activities of the Uni

in particular in the operation of the facilities; and

(c) To be consistent with prudent management practices required for the 

safe conduct of nuclear activities.

ARTICLE 5

(a) The Agency shall take every precaution to protect commercial 

secrets and other confidential information coming to its knowledge in the im

of this Agreement.

(b)(i) The Agency shall not publish or communicate to any State, o

person any information obtained by it in connection with the implemen

Agreement, except that specific information relating to the implementatio

be given to the Board of Governors of the Agency (hereinafter referred to a

and to such Agency staff members as require such knowledge by reason o

duties in connection with safeguards, but only to the extent necessary for 

fulfill its responsibilities in implementing this Agreement.
thereto.

ARTICLE 6

(a) The Agency shall, in implementing safeguards pursuant to this Ag

full account of technological developments in the field of safeguards, and sh

effort to ensure optimum cost-effectiveness and the application of the 

safeguarding effectively the flow of nuclear material subject to safeguar

Agreement by use of instruments and other techniques at certain strategic 

extent that present or future technology permits.

(b) In order to ensure optimum cost-effectiveness, use shall be made, fo

such means as:

(i) Containment as a means of defining material balance areas f

purposes;

(ii) Statistical techniques and random sampling in evaluating the fl

material; and

(iii) Concentration of verification procedures on those stages in th

cycle involving the production, processing, use or storage of nuclear 

which nuclear weapons or other nuclear explosive devices could readily 

minimization of verification procedures in respect of other nuclear 

condition that this does not hamper the Agency in applying safegua

Agreement.

ARTICLE 7

(a) The United States shall establish and maintain a system of accou

control of all nuclear material subject to safeguards under this Agreement.

(b) The Agency shall apply safeguards in accordance with Article 3

manner as to enable the Agency to verify, in ascertaining that there has been 

of nuclear material, except as provided for in this Agreement, from activiti

while such material is being safeguarded under this Agreement, findings of t

and control system of the United States. The Agency’s verification shall incl

independent measurements and observations conducted by the Agency in ac

the procedures specified in Part II. The Agency, in its verification, shall tak

of the technical effectiveness of the system of the United States.

ARTICLE 8

(a) In order to ensure the effective implementation of safeguard

Agreement, the United States shall, in accordance with the provisions set 

provide the Agency with information concerning nuclear material subject 

under this Agreement and the features of facilities relevant to safeguarding 

(b)(i) The Agency shall require only the minimum amount of informa

consistent with carrying out its responsibilities under this Agreement.

(ii) Information pertaining to facilities shall be the minimum 

safeguarding nuclear material subject to safeguards under this Agreeme

(c) If the United States so requests, the Agency shall be prepared t

premises of the United States design information which the United States re

of particular sensitivity. Such information need not be physically trans

Agency provided that it remains readily available for further examination b

on premises of the United States.

ARTICLE 9

(a)(i) The Agency shall secure the consent of the United States to the 

Agency inspectors to the United States.
to the United States and alternative designation or designations.

(iii) If, as a result of the repeated refusal of the United States 

designation of the Agency inspectors, inspections to be conducte

Agreement would be impeded, such refusal shall be considered by the 

referral by the Director General of the Agency (hereinafter referred to as 

General”) with a view to its taking appropriate action.

(b) The United States shall take the necessary steps to ensure that Agen

can effectively discharge their functions under this Agreement.

(c) The visits and activities of Agency inspectors shall be so arranged a

(i) To reduce to a minimum the possible inconvenience and distu

United States and to the peaceful nuclear activities inspected; and

(ii) To ensure protection of industrial secrets or any other confidenti

coming to the inspectors’ knowledge.

ARTICLE 10

The Provisions of the International Organizations Immunities Act of the 

of America shall apply to Agency inspectors performing functions in the 

under this Agreement and to any property of the Agency used by them.

ARTICLE 11

Safeguards shall terminate on nuclear material upon determination by th

the material has been consumed, or has been diluted in such a way that i

usable for any nuclear activity relevant from the point of view of safeg

become practicably irrecoverable.

ARTICLE 12

(a) If the United States intends to exercise its right to withdraw nuclear 

activities in facilities identified by the Agency pursuant to Article 2(b) an

than those facilities removed, pursuant to Article 34(b)(i) from the list pr

Article 1(b)) and to transfer such material to a destination in the United Sta

to a facility included in the list established and maintained pursuant to Artic

the United States shall notify the Agency in advance of such withdrawal. Nu

in respect of which such notification has been given shall cease to be subjec

under this Agreement as from the time of its withdrawal.

(b) Nothing in this Agreement shall effect the right of the United Sta

material subject to safeguards under this Agreement to destinations not w

the jurisdiction of the United States. The United States shall provide the 

information with respect to such transfers in accordance with Article 89. The 

keep records of each such transfer and, where applicable, of the re-a

safeguards to the transferred nuclear material.

ARTICLE 13

Where nuclear material subject to safeguards under this Agreement is 

non-nuclear activities, such as the production of alloys or ceramics, the Unit

agree with the Agency, before the material is so used, on the circumstance

the safeguards on such material may be terminated.

ARTICLE 14

The United States and the Agency will bear the expenses incurre

implementing their respective responsibilities under this Agreement. Ho

United States or persons under its jurisdiction incur extraordinary expense

a specific request by the Agency, the Agency shall reimburse such expenses 
ARTICLE 15

In carrying out its functions under this Agreement within the United Stat

and its personnel shall be covered to the same extent as nationals of the Un

any protection against third-party liability provided under the Price-A

including insurance or other indemnity coverage that may be required 

Anderson Act with respect to nuclear incidents.

ARTICLE 16

Any claim by the United States against the Agency or by the Agency aga

States in respect of any damage resulting from the implementation of saf

this Agreement, other than damage arising out of a nuclear incident, shal

accordance with international law.

ARTICLE 17

If the Board, upon report of the Director General, decides that an action 

States is essential and urgent in order to ensure compliance with this Agreem

may call upon the United States to take the required action without delay, 

whether procedures have been invoked pursuant to Article 21 for the se

dispute.

ARTICLE 18

If the Board, upon examination of relevant information reported to it b

General, determines there has been any non-compliance with this Agreem

may call upon the United States to remedy forthwith such non-compliance

there is a failure to take fully corrective action within a reasonable time, t

make the reports provided for in paragraph C of Article XII of the Statute 

take, where applicable, the other measures provided for in that paragraph. 

action the Board shall take account of the degree of assurance provided by 

measures that have been applied and shall afford the United States eve

opportunity to furnish the Board with any necessary reassurance.

ARTICLE 19

The United States and the Agency shall, at the request of either, cons

question arising out of the interpretation or application of this Agreement.

ARTICLE 20

The United States shall have the right to request that any question aris

interpretation or application of this Agreement be considered by the Boa

shall invite the United States to participate in the discussion of any such q

Board.

ARTICLE 21

Any dispute arising out of the interpretation or application of this Agre

a dispute with regard to a determination by the Board under Article 18 or a

by the Board pursuant to such a determination which is not settled by 

another procedure agreed to by the United States and the Agency shall, at 

either, be submitted to an arbitral tribunal composed as follows: The United 

Agency shall each designate one arbitrators, and the two arbitrators so de

elect a third, who shall be the Chairman. If, within thirty days of the request 

either the United States or the Agency has not designated an arbitrator, eit

States or the Agency may request the President of the International Cour

appoint an arbitrator. The same procedure shall apply if, within thirty 
all decisions shall require the concurrence of two arbitrators. The arbitral p

be fixed by the tribunal. The decisions of the tribunal shall be binding on the 

and the Agency.

ARTICLE 22

The Parties shall institute steps to suspend the applications of Agency 

the United States under other safeguards agreements with the Agen

Agreement is in force. However, the United States and the Agency sha

nuclear material being safeguarded under this Agreement shall be at all 

equivalent in amount and composition to that which would be subject to saf

United States under the agreements in question. The detailed arrangem

implementation of this provision shall be specified in the subsidiary 

provided for in Article 39, and shall reflect the nature of any undertaking giv

other safeguards agreement.

ARTICLE 23

(a) The United States and the Agency shall, at the request of either, con

on amendments to this Agreement.

(b) All amendments shall require the agreement of the United States an

ARTICLE 24

This Agreement or any amendment thereto shall enter into force on the 

the Agency receives from the United States written notification that 

constitutional requirements of the United States for entry into force have be

ARTICLE 25

The Director General shall promptly inform all Member States of the 

entry into force of this Agreement, or of any amendments thereto.

ARTICLE 26

The Agreement shall remain in force as long as the United States is 

Treaty except that the Parties to this Agreement shall, upon the request of e

consult and, to the extent mutually agreed, modify this Agreement in order 

it continues to serve the purpose for which it was originally intended. If t

unable after such consultation to agree upon necessary modifications, eith

upon six months’ notice, terminate this Agreement.

PART II

ARTICLE 27

The purpose of this part of the Agreement is to specify the procedures to 

the implementation of the safeguards provisions of Part I.

ARTICLE 28

The objective of the safeguards procedures set forth in this part of the 

the timely detection of withdrawal, other than in accordance with the 

Agreement, of significant quantities of nuclear material from activities in f

such material is being safeguarded under this Agreement.

ARTICLE 29

For the purpose of achieving the objective set forth in Article 28, materia

shall be used as a safeguards measure of fundamental importance, with co

surveillance as important complementary measures.
The technical conclusion of the Agencys verification activities shall b

in respect of each material balance area, of the amount of material unaccoun

specific period, and giving the limits of accuracy of the amounts stated.

ARTICLE 31

Pursuant to Article 7, the Agency, in carrying out its verification activiti

full use of the United States’ system of accounting for and control of all nu

subject to safeguards under this Agreement and shall avoid unnecessary dup

United States’ accounting and control activities.

ARTICLE 32

The United States’ system of accounting for and control of all nuclear m

to safeguards under this Agreement shall be based on a structure of material 

and shall make provision, as appropriate and specified in the Subsidiary A

for the establishment of such measures as :

(a) A measurement system for the determination of the quantities of nu

received, produced, shipped, lost or otherwise removed from inventory, and 

on inventory;

(b) The evaluation of precision and accuracy of measurements and the 

measurement uncertainty;

(c) Procedure for identifying, reviewing and evaluating differences in sh

measurements;

(d) Procedure for taking a physical inventory;

(e) Procedures for the evaluation of accumulations of unmeasured 

unmeasured losses;

(f) A system of records and reports showing, for each material bala

inventory of nuclear material and the changes in that inventory including re

transfers out of the material balance area;

(g) Provisions to ensure that the accounting procedures and arrangem

operated correctly; and

(h) Procedures for the provision of reports to the Agency in accordanc

57 through 63 and 65 through 67.

ARTICLE 33

Safeguards under this Agreement shall not apply to material in m

processing activities.

ARTICLE 34

The United States may, at any time, notify the Agency of any facility 

be added to or removed from the list provided for in Article 1(b):

(a) In case of addition to the list, the notification shall specify the facili

to be added to the list and the date upon which the addition is to take effect

(b) In the case of removal from the list of a facility or facilities then curre

pursuant to Article 2(b) or 39(b):

(i) The Agency shall be notified in advance and the notification sha

facility or facilities being removed, the date of removal, and the 

composition of the nuclear material contained therein at the time of n

exceptional circumstances, the United States may remove facilities w

advance notification;

(ii) Any facility in respect of which notification has been given in ac

sub-paragraph (i) shall be removed from the list and nuclear material con

shall cease to be subject to safeguards under this Agreement in accord

at the time specified in the notification by the United States.
facilities being removed and the date of removal. Such facility or faci

removed from the list at the time specified in the notification by the United 

ARTICLE 35

(a) Safeguards shall terminate on nuclear material subject to safegua

Agreement, under the conditions set forth in Article 11. Where the con

Article are not met, but the United States considers that the recovery o

nuclear material from residues is not for the time being practicable or desirab

States and the Agency shall consult on the appropriate safeguards measures 

(b) Safeguards shall terminate on nuclear material subject to safegua

Agreement, under the conditions set forth in Article 13, provided that the 

and the Agency agree that such nuclear material is practicably irrecoverabl

ARTICLE 36

At the request of the United States, the Agency shall exempt from t

nuclear material, which would otherwise be subject to safeguards under th

as follows:

(a) Special fissionable material, when it is used in gram quantities or le

component in instruments;

(b) Nuclear material, when it is used in non-nuclear activities in ac

Article 13, if such nuclear material is recoverable; and

(c) Plutonium with an isotopic concentration of plutonium-238 exceedi

ARTICLE 37

At the request of the United States, the Agency shall exempt from safeg

material that would otherwise be subject to safeguards under this Agreem

that the total quantity of nuclear material which has been exempt in the U

accordance with this Article may not at any time exceed:

(a) One kilogram in total of special fissionable material, which may co

more of the following:

(i) Plutonium;

(ii) Uranium with an enrichment of 0.2 (20%) and above, taken 

multiplying its weight by its enrichment; and

(iii) Uranium with an enrichment below 0.2 (20%) and above t

uranium, taken account of by multiplying its weight by five times the 

enrichment;

(b) Ten metric tons in total of natural uranium and depleted uran

enrichment above 0.005 (0.5%);

(c) Twenty metric tons of depleted uranium with and enrichment of 0.

below; and

(d) Twenty metric tons of thorium;

or such greater amounts as may be specified by the Board for uniform a

ARTICLE 38

If exempted nuclear material is to be processed or stored together with nu

subject to safeguards under this Agreement, provision shall be made for the 

of safeguards thereto.

ARTICLE 39

(a) The United States and the Agency shall make Subsidiary Arrang

shall:
Agreement; and

(ii) specify in detail, to the extent necessary to permit the Agenc

responsibilities under this Agreement in an effective and efficient ma

procedures laid down in this Agreement are to be applied.

(b)(i) After entry into force of this Agreement, the Agency shall identify 

States, from the list provided in accordance with Article 1(b), those f

included in the initial Subsidiary Arrangements listing;

(ii) The Agency may thereafter identify for inclusion in th

Arrangements listing additional facilities from the list provided in ac

Article 1(b) as that list may have been modified in accordance with Art

(c) The Agency shall also designate to the United States those facilities 

from the Subsidiary Arrangements listing which have not otherwise b

pursuant to notification by the by the United States in accordance with Ar

facility or facilities shall be removed from the Subsidiary Arrangements list

designation to the United States.

(d) The Subsidiary Arrangements may be extended or charged by agree

the Agency and the United States without amendment of this Agreement.

ARTICLE 40

(a) With respect to those facilities which shall have been identified by 

accordance with Article 39(b)(i), such Subsidiary Arrangement shall ente

the same time as, or as soon as possible after, entry into force of this Ag

United States and the Agency shall make every effort to achieve their en

within 90 days after entry into force of this Agreement; an extension of th

require agreement between the United States and the Agency.

(b) With respect to facilities which, after the entry into force of this Ag

been identified by the Agency in accordance with Article 39(b)(ii) for in

Subsidiary Arrangements listing, the United States and the Agency shall mak

to achieve the entry into force of such Subsidiary Arrangements withi

following such identification to the United States; an extension of that perio

agreement between the Agency and the United States.

(c) Upon identification of a facility by the Agency in accordance with 

the United States shall provide the Agency promptly with the informatio

completing the Subsidiary Arrangements, and the Agency shall have the rig

procedures set forth in this Agreement to the nuclear material listed in 

provided for in Article 41, even if the Subsidiary Arrangements have not y

force.

ARTICLE 41

The Agency shall establish, on the basis of the initial reports referred 

60(a) below, a unified inventory of all nuclear material in the United Sta

safeguards under this Agreement, irrespective of its origin, and shall 

inventory on the basis of subsequent reports concerning those facilities, 

reports referred to in Article 60(b), of subsequent reports concerning the f

pursuant to Article 39(b)(ii), and of the results of its verification activities. 

inventory shall be made available to the United States at intervals to be agr

ARTICLE 42

Pursuant to Article 8, design information in respect of facilities ide

Agency in accordance with Article 39(b)(i) shall be provided to the Agen

discussion of the Subsidiary Arrangements. The time limits for the provi

information in respect of any facility which is identified by the Agency in ac
ARTICLE 43

The design information to be provided to the Agency shall include, in r

facility identified by the Agency in accordance with Article 39(b), when ap

(a) The identification of the facility, stating its general character, pur

capacity and geographic location, and the name and address to be used for ro

purposes;

(b) A description of the general arrangement of the facility with referenc

feasible, to the form, location and flow of nuclear material and to the gen

important items of equipment which use, produce or process nuclear mater

(c) A description of features of the facilities relating to material 

containment and surveillance; and

(d) A description of the existing and proposed procedures at the facili

material accountancy and control, with special reference to material 

established by the operator, measurements of flow and procedures for phys

taking.

ARTICLE 44

Other information relevant to the application of safeguards shall also b

the Agency in respect of each facility identified by the Agency in accordanc

39(b), in particular on organizational responsibility for material accountanc

The United States shall provide the Agency with supplementary information 

and safety procedures which the Agency shall observe and with which the in

comply at the facility.

ARTICLE 45

The Agency shall be provided with design information in respect of a 

relevant for safeguards purposes, for examination, and shall be informed of 

the information provided to it under Article 44, sufficiently in advance for 

procedures to be adjusted when necessary.

ARTICLE 46

The design information provided to the Agency shall be used for 

purposes:

(a) To identify the features of facilities and nuclear material relevant to t

of safeguards to nuclear material in sufficient detail to facilitate verification

(b) To determine material balance areas to be used for Agency accoun

and to select those strategic points which are key measurement points and 

used to determine flow and inventory of nuclear material; in determining 

balance areas the Agency shall, inter alia, use the following criteria:

(i) The size of the material balance area shall be related to the accura

the material balance can be established;

(ii) In determining the material balance area, advantage shall be 

opportunity to use containment and surveillance to help ensure the co

flow measurements and thereby to simplify the application of safeg

concentrate measurement efforts at key measurement points;

(iii) A number of material balance areas in use at a facility or at dist

be combined in one material balance area to be used for Agency accoun

when the Agency determines that this is consistent with its verification 

and

(iv) A special material balance area may be established at the reques

States around a process step involving commercially sensitive informat
(d) To establish the records and reports requirements and recor

procedures;

(e) To establish requirements and procedures for verification of th

location of nuclear material; and

(f) To select appropriate combinations of containment and surveillance 

techniques at the strategic points at which they are to be applied.

The results of the examination of the design information shall be in

Subsidiary Arrangements.

ARTICLE 47

Design information shall be re-examined in the light of changes 

conditions, of developments in safeguards technology or of experience in t

of verification procedures, with a view to modifying the action the Age

pursuant to Article 46.

ARTICLE 48

The Agency in co-operation with the United States, may send inspecto

to verify the design information provided to the Agency pursuant to Artic

45, for the purposes stated in Article 46.

ARTICLE 49

In establishing a national system of materials control as referred to in 

United States shall arrange that records are kept in respect of each materia

determined in accordance with Article 46(b). The records to be kept shall b

the Subsidiary Arrangements.

ARTICLE 50

The United States shall make arrangements to facilitate the examinat

referred to in Article 49 by inspectors.

ARTICLE 51

Records referred to in Article 49 shall be retained for at least five years

ARTICLE 52

Records referred to in Article 49 shall consist, as appropriate, of

(a) Accounting records of all nuclear material subject to safeguar

Agreement; and

(b) Operating records for facilities containing such nuclear material.

ARTICLE 53

The system of measurements on which the record used for the prepara

are based shall either conform to the latest international standards or be 

quality to such standards.

ARTICLE 54

The accounting records referred to in Article 52(a) shall set forth the 

respect of each material balance area determined in accordance with Articl

(a) All inventory changes, so as to permit a determination of the book in

time;

(b) All measurement results that are used for determination of the physi

and

(c) All adjustments and corrections that have been made in respect 

changes, book inventories and physical inventories.
For all inventory changes and physical inventories the records referred 

52(a) shall show, in respect of each batch of nuclear material: material identi

data and source data. The records shall account for uranium, thorium a

separately in each batch of nuclear material. For each inventory change, t

inventory change and, when appropriate, the originating material balance 

receiving material balance area of the recipient shall be indicated.

ARTICLE 56

The operating records referred to in Article 52(b) shall set forth, as a

respect of each material balance area determined in accordance with Articl

(a) Those operating data which are used to establish changes in the 

composition of nuclear material;

(b) The data obtained from the calibration of tanks and instruments and f

and analyses, the procedures to control the quality of measurements an

estimates of random and systematic error;

(c) A description of the sequence of the actions taken in preparing for, a

physical inventory, in order to ensure that it is correct and complete; and

(d) A description of the actions taken in order to ascertain the cause and 

any accidental or unmeasured loss that might occur.

ARTICLE 57

The United States shall provide the Agency with reports as detailed 

through 67 in respect of nuclear material subject to safeguards under this A

ARTICLE 58

Reports shall be made in English.

ARTICLE 59

Reports shall be based on the records kept in accordance with Article 

and shall consist, as appropriate, of accounting reports and special reports.

ARTICLE 60

The United States shall provide the Agency with an initial report o

material contained in each facility which becomes listed in the Subsidiary 

in accordance with Article 39(b):

(a) With respect to those facilities listed pursuant to Article 39(b)(i), suc

be dispatched to the Agency within thirty days of the last day of the cale

which this Agreement enters into force, and shall reflect the situations as 

of that month. 

(b) With respect to each facility listed pursuant to Article 39(b)(ii), an 

shall be dispatched to the Agency within thirty days of the last day of the c

in which the Agency identifies the facility of the United States and sh

situation as of the last day of the month.

ARTICLE 61

The United States shall provide the Agency with the following account

each material balance area determined in accordance with Article 46(b):

(a) Inventory change reports showing all charges in the inventory of nu

The reports shall be dispatched as soon as possible and in any event with

after the end of the month in which the inventory changes occurred or wer

and

(b) Material balance reports showing the material balance based o

inventory of nuclear material actually present in the material balance are
The reports shall be based on data available as of the date of reportin

corrected at a later date, as required.

ARTICLE 62

Inventory change reports submitted in accordance with Article 61(a) 

identification and batch data for each batch of nuclear material, the date of 

change, and, as appropriate, the originating material balance area and 

material balance area or the recipient. These reports shall be accompani

notes:

(a) Explaining the inventory changes, on the basis of the operating dat

the operating records provided for under Article 56(a); and 

(b) Describing, as specified in the Subsidiary Arrangements, th

operational programme, particularly the taking of a physical inventory.

ARTICLE 63

The United States shall report each inventory change, adjustment and cor

periodically in a consolidated list or individually. Inventory changes shall 

terms of batches. As specified in the Subsidiary Arrangements, small change

of nuclear material, such as transfers of analytical samples, may be combine

and reported as one inventory change.

ARTICLE 64

The Agency shall provide the United States with semi-annual statem

inventory of nuclear material subject to safeguards under this Agreem

material balance area, as based on the inventory change reports for the peri

each such statement.

ARTICLE 65

Material balance reports submitted in accordance with Article 61(b) sh

following entries, unless otherwise agreed by the United States and the Age

(a) Beginning physical inventory;

(b) Inventory changes (first increases, then decreases);

(c) Ending book inventory;

(d) Shipper/receiver differences;

(e) Adjusted ending book inventory;

(f) Ending physical inventory; and

(g) Material unaccounted for.

A statement of the physical inventory, listing all batches separately a

material identification and batch data for each batch, shall be attached to 

balance report.

ARTICLE 66

The United States shall make special reports without delay:

(a) If any unusual incident or circumstances lead the United States to bel

is or may have been loss of nuclear material subject to safeguards under th

that exceeds the limits specified for this purpose in the Subsidiary Arrangem

(b) If the containment has unexpectedly changed from that specified in 

Arrangement to the extent that unauthorized removal of nuclear mater

safeguards under this Agreement has become possible.
clarifications of any report submitted in accordance with Article 57 throu

66, in so far as relevant for the purpose of safeguards.

ARTICLE 68

The Agency shall have the right to make inspections as provided for 

through 82.

ARTICLE 69

The Agency may make ad hoc inspections in order to:

(a) Verify the information contained in the initial reports submitted in ac

Article 60;

(b) Identify and verify changes in the situation which have occurred sin

the relevant initial report; and

(c) Identify and if possible verify the quality and composition of the nu

subject to safeguards under this Agreement in respect of which the inform

to in Article 89(a) has been provided to the Agency.

ARTICLE 70

The Agency may make routine inspections in order to:

(a) Verify that reports submitted pursuant to Articles 57 through 63, 

consistent with records kept pursuant to Articles 49 through 56;

(b) Verify the location, identify, quantity and composition of all nu

subject to safeguards under this Agreement; and

(c) Verify information on the possible causes of material una

shipper/receiver differences and uncertainties in the book inventory.

ARTICLE 71

Subject to the procedures laid down in Article 75, the Agency may 

inspections:

(a) In order to verify the information contained in special reports 

accordance with Article 66; or

(b) If the Agency considers that information made available by the 

including explanations from the United States and information obtained 

inspections, is not adequate for the Agency to fulfill its responsibiliti

Agreement.

An inspection shall be deemed to be special when it is either additional 

inspection effort provided for in Article 76 through 80, or involves access t

or locations in addition to the access specified in Article 74 for ad ho

inspections, or both.

ARTICLE 72

For the purposes specified in Article 69 through 71, the Agency may:

(a) Examine the records kept pursuant to Articles 49 through 56;

(b) Make independent measurements of all nuclear material subject 

under this Agreement;

(c) Verify the functioning and calibration of instruments and other m

control equipment;

(d) Apply and make use of surveillance and containment measures; and

(e) Use other objective methods which have been demonstrated to 

feasible.
(a) To observe that samples at key measurement points for ma

accountancy are taken in accordance with procedures which produce 

samples, to observe the treatment and analysis of the samples and to obtain 

such samples;

(b) To observe that the measurements of nuclear material at key measu

for material balance accountancy are representative, and to observe the cal

instruments and equipment involved;

(c) To make arrangements with the United States that, if necessary:

(i) Additional measurements are made and additional samples 

Agency’s use;

(ii) The Agency’s standard analytical samples are analyzed;

(iii) Appropriate absolute standards are used in calibrating instrum

equipment; and

(iv) Other calibrations are carried out;

(d) To arrange to use its own equipment for independent mea

surveillance, and if so agreed and specified in the Subsidiary Arrangement

install such equipment;

(e) To apply its seals and other identifying tamper-indicating devices to 

if so agreed and specified in the Subsidiary Arrangements; and

(f) To make arrangements with the United States for the shipping of sam

the Agency’s use.

ARTICLE 74

(a) For the purposes specified in Article 69(a) and (b) and until suc

strategic points have been specified in the Subsidiary Arrangements, Agen

shall have access to any location where the initial report or any inspectio

therewith indicate that nuclear material subject to safeguards under this 

present.

(b) For the purposes specified in Article 69(c), the inspectors shall have 

facility identified pursuant to Article 2(b) or 39(b) in which nuclear materia

Article 69(c) is located.

(c) For the purposes specified in Article 70 the inspectors shall have acc

strategic points specified in the Subsidiary Arrangements and to the recor

pursuant to Articles 49 through 56; and

(d) In the event of the United States concluding that any unusual circums

extended limitations on access by the Agency, the United States and the 

promptly make arrangements with a view to enabling the Agency to 

safeguards responsibilities in the light of these limitations. The Director 

report each such arrangement to the Board.

ARTICLE 75

In circumstances which may lead to special inspections for purpose

Article 71 the United States and the Agency shall consult forthwith. As a 

consultations the Agency may:

(a) Make inspections in addition to the routine inspection effort provided 

76 through 80; and

(b) Obtain access, in agreement with the United States, to information 

addition to those specified in Article 74. Any disagreement concerning 

additional access shall be resolved in accordance with Articles 20 and 21; 

by the United States is essential and urgent, Article 17 shall apply.
applying optimum timing, to the minimum consistent with the effective im

of the safeguards procedures set forth in this Agreement, and shall make the 

most economical use of inspection resources available to it.

ARTICLE 77

The Agency may carry out one routine inspection per year in respect of f

in the Subsidiary Arrangements pursuant to Article 39 with a conte

throughput, whichever is greater, of nuclear material not exceeding 

kilograms.

ARTICLE 78

The number, intensity, duration, timing and mode of routine inspection

facilities listed in the Subsidiary Arrangements pursuant to Article 39 wit

annual throughput of nuclear material exceeding five effective kilogr

determined on the basis that in the maximum or limiting case the inspectio

be no more intensive than is necessary and sufficient to maintain continuity 

of the flow and inventory of nuclear material, and the maximum routine ins

in respect of such facilities shall be determined as follows:

(a) For reactors and sealed storage installations the maximum tot

inspection per year shall be determined by allowing one sixth of a man-yea

for each such facility.

(b) For facilities, other than reactors or sealed storage installatio

plutonium or uranium enriched to more than 5 percent, the maximum to

inspection per year shall be determined by allowing for each facility 30 x 

inspection per year, where E is the inventory or annual throughput of nuc

whichever is greater, expressed in effective kilograms. The maximum estab

such facility shall not, however, be less than 1.5 man-years of inspection; a

(c) For facilities not covered by paragraphs (a) or (b), the maximum to

inspection per year shall be determined by allowing for each such facility 

man-year of inspection plus 0.4 x E man-days of inspection per year, w

inventory or annual throughput of nuclear material, whichever is greater

effective kilograms.

The United States and the Agency may agree to amend the figures for 

inspection effort specified in this Article, upon determination by the Bo

amendment is reasonable.

ARTICLE 79

Subject to Articles 76 through 78 the criteria to be used for determin

number, intensity, duration, timing and mode of routine inspections in r

facility listed in the Subsidiary Arrangements pursuant to Article 39 shall in

(a) The form of the nuclear material, in particular, whether the nuclear 

bulk form or contained in a number of separate items; its chemical compo

the case of uranium, whether it is of low or high enrichment; and its access

(b) The effectiveness of the United States’ accounting and control syst

the extent to which the operators of facilities are functionally independent 

States’ accounting and control system; the extent to which the measure

Article 32 have been implemented by the United States; the promptne

provided to the Agency; their consistency with the Agency’s independent ve

the amount and accuracy of the material unaccounted for, as verified by the 

(c) Characteristics of that part of the United States fuel cycle in which 

applied under this Agreement, in particular, the number and types of facilit

nuclear material subject to safeguards under this Agreement, the characte

facilities relevant to safeguards, notably the degree of containment; the ex
correlated;

(d) International interdependence; in particular the extent to which nu

safeguarded under this Agreement, is received from or sent to other Sta

processing; any verification activities by the Agency in connection there

extent to which activities in facilities in which safeguards are appli

Agreement are interrelated with those of other States; and

(e) Technical developments in the field of safeguards, including the us

techniques and random sampling in evaluating the flow of nuclear material

ARTICLE 80

The United States and the Agency shall consult if the United States con

inspection effort is being deployed with undue concentration on particular 

ARTICLE 81

The Agency shall give advance notice to the United States of the arriva

at facilities listed in the Subsidiary Arrangements pursuant to Article 39, as 

(a) For ad hoc inspections pursuant to Article 69(c), at least 24 ho

pursuant to Article 69 (a) and (b), as well as the activities provided for in 

least one week;

(b) For special inspections pursuant to Article 71, as promptly as pos

United States and the Agency have consulted as provided for in Articl

understood that notification of arrival normally will constitute part of the 

and

(c) For routine inspections pursuant to Article 70 at least twenty-four ho

of the facilities referred to in Article 78(b) and sealed storage installatio

plutonium or uranium enriched to more than 5 percent and one week in all 

Such notice of inspections shall include the names of the inspectors and 

the facilities to be visited and the periods during which they will be 

inspectors are to arrive from outside the United States the Agency shall also 

notice of the place and time of their arrival in the United States.

ARTICLE 82

Notwithstanding the provisions of Article 81, the Agency may, as a s

measure, carry out without advance notification a portion of the routin

pursuant to Article 78 in accordance with the principle of random sampling. 

any unannounced inspections, the Agency shall fully take into account an

programme provided by the United States pursuant to Article 62(b). Moreo

practicable, and on the basis of the operational programme, it shall advi

States periodically of its general programme of announced and unannounce

specifying the general periods when inspections are foreseen. In carr

unannounced inspections, the Agency shall make every effort to minimize 

difficulties for the United States and facilities operators bearing in min

provisions of Articles 44 and 87. Similarly the United States shall make e

facilitate the task of the inspectors.

ARTICLE 83

The following procedures shall apply to the designation of inspectors:

(a) The Director General shall inform the United States in writing 

qualifications, nationality, grade and such other particulars as may be rel

Agency official he proposes for designation as an inspector for the United 

(b) The United States shall inform the District General within thirty days 

of such a proposal whether it accepts the proposal;
United States, and shall inform the United States of such designations; and

(d) The Director General, acting in response to a request by the United S

own initiative, shall immediately inform the United States of the with

designation of any official as an inspector for the United States.

However, in respect of inspectors needed for the activities provided fo

and to carry out ad hoc inspections pursuant to Article 69 (a) and (b) th

procedures shall be completed if possible within thirty days after the entry 

this Agreement. If such designation appears impossible within this time lim

for such purposes shall be designated on a temporary basis.

ARTICLE 84

The United States shall grant or renew a quickly as possible appropriat

required, for each inspector designated for the United States.

ARTICLE 85

Inspectors, in exercising their functions under Articles 48 and 69 to 73, 

their activities in a manner designed to avoid hampering or delaying the 

commissioning or operation of facilities, or affecting their safety. In particu

shall not operate any facility themselves or direct the staff of a facility to 

operation. If inspectors consider that in pursuance of paragraph 72 and 

operations in a facility should be carried out by the operator, then shall m

therefor.

ARTICLE 86

When inspectors require services available in the United States, includ

equipment, in connection with the performance of inspections, the Unite

facilitate the procurement of such services and the use of such equipment b

ARTICLE 87

The United States shall have the right to have inspectors accompanie

inspections by its representatives, provided that inspectors shall not thereby 

otherwise impeded in the exercise of their functions.

ARTICLE 88

The Agency shall inform the United States of:

(a) The results of inspections, at intervals to be specified in th

Arrangements; and

(b) The conclusions it has drawn from its verification activities in the 

in particular by means of statements in respect of each material balance ar

in accordance with Article 46(b) which shall be made as soon as possible a

inventory has been taken and verified by the Agency and a material bal

stuck.

ARTICLE 89

(a) Information concerning nuclear material exported from and imp

United States shall be provided to the Agency in accordance with arrangeme

the Agency as, for example, those set forth in INFCIRC/207.

(b) In the case of international transfers to or from facilities identified b

pursuant to Articles 2(b) and 39(b) with respect to which information has 

to the Agency in accordance with arrangements referred to in paragraph

report, as envisaged in Article 66, shall be made if any unusual incidents or 

lead the United States to believe that there is or may have been loss of nu

including the occurrence of significant delay, during the transfer.
For the purpose of this Agreement:

A. Adjustment means an entry into and accounting record or a rep

shipper/receiver difference of material unaccounted for. 

B. Annual throughput means, for the purposes of Article 77 and 78, 

nuclear material transferred annually out of a facility working at nominal c

C. Batch means a portion of nuclear material handled as a unit for accoun

at a key measurement point and for which the composition and quantity ar

single set of specifications or measurements. The nuclear material may be i

contained in a number of separate items.

D. Batch data means the total weight of each element of nuclear mater

case of plutonium and uranium, the isotopic composition when appropriate

account shall be as follows:

(a) Grams of contained plutonium;

(b) Grams of total uranium and grams of contained uranium-235 plus ur

uranium enriched in these isotopes; and

(c) Kilograms of contained thorium, natural uranium or depleted uraniu

For reporting purposes the weight of individual items in the batch s

together before rounding to the nearest unit.

E. Book inventory of a material balance area means the algebraic sum 

recent physical inventory of that material balance area and of all inventory 

have occurred since that physical inventory was taken.

F. Correction means an entry into an accounting record or a report 

identified mistake or to reflect an improved measurement of a quantity prev

into the record or report. Each corrections must identify the entry to which 

G. Effective kilogram means a special unit used in safeguarding nuclear 

quantity in effective kilograms is obtained by taking:

(a) For plutonium, its weight in kilograms;

(b) For uranium with an enrichment of 0.01 (1 percent) and above, 

kilograms multiplied by the square of its enrichment; 

(c) For uranium with an enrichment below 0.01 (1 percent) and abo

percent), its weight in kilograms multiplied by 0.0001; and

(d) For depleted uranium with an enrichment of 0.005 (0.5 percent) or b

thorium, its weight in kilograms multiplied by 0.00005.

H. Enrichment means the ratio of the combined weight of the isotopes 

and uranium-235 to that of the total uranium in question.

I. Facility means;

(a) A reactor, a critical facility, a conversion plant, a fabrication plant, 

plant, an isotope separation plant or a separate storage installation; or

(b) Any location where nuclear material in amounts greater than 

kilogram is customarily used.

J. Inventory change means an increase or decrease, in terms of batch

material in a material balance area; such a change shall involve one of the f

(a) Increases:

(i) Import;

(ii) Domestic receipt: receipts from other material balance areas, r

non-safeguarded activity or receipts at the starting point of safeguards;

(iii) Nuclear production: production of special fissionable material i

(iv) De-exemption: replication of safeguards on nuclear mater

exempted therefrom on account of its use or quantity.

(b) Decreases:

(i) Export;

(ii) Domestic shipments: shipments to other material balance areas 

for a non-safeguarded activity;
(iv) Measured discard: nuclear material which has been measured, o

the basis of measurement, and disposed of in such a way that it is no

further nuclear use;

(v) Retained waste: nuclear material generated from processing or from 

accident, which is deemed to be unrecoverable for the time being but which 

(vi) Exemption: exemption of nuclear material from safeguards on acc

or quantity; and

(vii) Other loss: for example, accidental loss (that is, irretrievable and in

of nuclear material as the result of an operational accident) or theft.

K. Key measurement point means a location where nuclear material app

form that it may be measured to determined material flow or inventory. Key 

points thus include, but are not limited to, the inputs and outputs (includ

discards) and storages in material balance areas.

L. Man-year of inspection means, for the purposes of Article 78, 300 

inspection, a man-day being a day during which a single inspector has acce

at any time for a total of not more than eight hours.

M. Material balance area means an area in our outside of a facility such 

(a) The quantity of nuclear material in each transfer into or out of each m

area can be determined; and

(b) The physical inventory of nuclear material in each material balanc

determined when necessary in accordance with specified procedures, in 

material balance for Agency safeguards purposes can be established.

N. Material unaccounted for means the difference between book i

physical inventory.

O. Nuclear material means any source or any special fissionable materia

Article XX of the Statute. The term source material shall not be interpreted 

ore or ore residue. Any determination by the Board under Article XX of th

the entry into force of this Agreement which adds to the materials considere

material or special fissionable material shall have effect under this Agreem

acceptance by the United States.

P. Physical inventory means the sum of all the measured or derived estim

quantities of nuclear material on hand at a given time within a material 

obtained in accordance with specified procedures.

Q. hipper/receiver difference means the difference between the quant

material in a batch as stated by the shipping material balance area and as m

receiving balance area.

R. Source data means those data, recorded during measurement or calib

to derive empirical relationships, which identify nuclear material and provi

Source data may include, for example, weight of compounds, convers

determine weight of element, specific gravity, element concentration, i

relationship between volume and manometer readings and relations

plutonium produced and power generated.

S. Strategic point means a location selected during examination of desig

where, under normal conditions and when combined with the informa

strategic points taken together, the information necessary and suffi

implementation of safeguards measures is obtained and verified; a strate

include any location where key measurements related to material balance ac

made where containment and surveillance measures are executed.

ARTICLE 1 – PROTOCOL

This Protocol specifies the procedures to be followed with respec

identified by the Agency pursuant to Article 2 of this Protocol.
included in the list, established and maintained pursuant to Article 1(b) 

Agreement, of facilities not associated with activities having direct nat

significance to the United States, other than those which are then currently 

the Agency pursuant to Article 2(b) and 39(b) of the Agreement, to which 

of this Protocol shall apply.

(b) the Agency may also include among the facilities identified to the 

pursuant to the foregoing paragraph, any facility which had previously been 

the Agency pursuant to Article 2(b) and 39(b) of the Agreement bu

subsequently been designated by the Agency pursuant to Article 39(c) of t

for removal from the Subsidiary Arrangements listing.

(c) In identifying facilities pursuant to the forgoing paragraphs and in t

of Transitional Subsidiary Arrangements pursuant to Article 3 of this Protoc

shall proceed in a manner which the Agency and the United States mutual

into account the requirement on the United States to avoid discriminatory 

between United States commercial firms similarly situated.

ARTICLE 3

The United States and the Agency shall make Transitional Subsidiary 

which shall:

(a) contain a current listing of those facilities identified by the Agenc

Article 2 of this Protocol;

(b) specify in detail how the procedures set forth in this Protocol are to 

ARTICLE 4

(a) The United States and the Agency shall make every effort to 

Transitional Subsidiary Arrangements with respect to each facility iden

Agency pursuant to Article 2 of this Protocol within ninety days fo

identification to the United States.

(b) With respect to any facility identified pursuant to Article 2(b) of thi

information previously submitted to the Agency in accordance with Article 

of the Agreement, the results of the examination of the design informat

provisions of the Subsidiary Arrangements relative to such facilities, to t

such information, results and provisions satisfy the provisions of this Proto

the submission and examination of information and the preparation o

Subsidiary Arrangements, shall constitute the Transitional Subsidiary Arr

such facility, until and unless the United States and the Agency shall other

Transitional Subsidiary Arrangements for such facility in accordance with 

of this Protocol.

ARTICLE 5

In the event that a facility currently identified by the Agency pursuant 

of this Protocol is identified by the Agency pursuant to Articles 2(b) and 

Agreement, the Transitional Subsidiary Arrangements relevant to such fa

the extent that such Transitional Subsidiary Arrangements satisfy the pro

Agreement, be deemed to have been made part of the Subsidiary Arrang

Agreement.

ARTICLE 6

Design information in respect of each facility identified by the Agenc

Article 2 of this Protocol shall be provided to the Agency during the dis

relevant Transitional Subsidiary Arrangements. The information shall i

applicable:
purpose;

(b) A description of the general arrangement of the facility with referenc

feasible, to the form, location and flow of nuclear material and to the gen

important items of equipment which use, produce or process nuclear mater

(c) A description of features of the facility relating to material 

containment and surveillance; and

(d) A description of the existing and proposed procedures at the facili

material accountancy and control, with special reference to material 

established by the operator, measurements of flow and procedures for phys

taking.

ARTICLE 7

Other information relevant to the application of the provisions of this 

also be provided to the Agency in respect of each facility identified by t

accordance with Article 2 of this Protocol in particular on organizational 

for material accountancy and control. The United States shall provide the 

supplementary information on the health and safety procedures which the 

observe and with which inspectors shall comply when visiting the facility 

with Article II of this Protocol.

ARTICLE 8

The Agency shall be provided with design information in respect of a 

relevant to the application of the provisions of this Protocol, for examinatio

informed of any change in the information provided to it under Article 7 of 

sufficiently in advance for the procedures under this Protocol to be a

necessary.

ARTICLE 9

The design information provided to the Agency in accordance with the 

this Protocol, in anticipation of the application of safeguards under the Ag

be used for the following purposes:

(a) To identity the features of facilities and nuclear material relevant to t

of safeguards to nuclear material in sufficient detail to facilitate verification

(b) To determine material balance areas to be used for Agency accoun

and to select those strategic points which are key measurement points and 

used to determine flow and inventory of nuclear material; in determining 

balance areas the Agency shall, inter alia, use the following criteria:

(i) The size of the material balance area shall be related to the accura

the material balance can be established;

(ii) In determining the material balance area, advantage shall be 

opportunity to use containment and surveillance to help ensure the co

flow measurements and thereby to simplify the application of safeg

concentrate measurement efforts at key measurement points;

(iii) A number of material balance areas in use at a facility or at dist

be combined in one material balance area to be used for Agency accoun

when the Agency determines that this is consistent with its verification 

and

(iv) A special material balance area may be established at the reques

States around a process step involving commercially sensitive informat

(c) To establish the nominal timing and procedures for taking of physica

nuclear material for Agency accounting purposes;

(d) To establish the records and reports requirements and recor

procedures;
(f) To select appropriate combinations of containment and surveillance 

techniques and the strategic points at which they are to be applied.

The results of the examination of the design information shall be in

relevant Transitional Subsidiary Arrangements.

ARTICLE 10

Design information provided in accordance with the provisions of this 

be re-examined in the light of changes in operating conditions, of dev

safeguards technology or of experience in the application of verification pro

a view to modifying the action taken pursuant to Article 9 of this Protocol.

ARTICLE 11

(a) The Agency, in co-operation with the United States, may send 

facilities identified by the Agency pursuant to Article 2 of this Protocol to ve

information provided to the Agency in accordance with the provisions of 

for the purposes stated in Article 9 of this Protocol or for such other purpo

agreed between the United States and the Agency.

(b) The Agency shall give notice to the United States with respect to eac

least one week prior to the arrival of inspectors at the facility to be visited.

ARTICLE 12

In establishing a national system of materials control as referred to in A

the Agreement, the United States shall arrange that records are kept in re

material balance area determined in accordance with Article 9(b) of this 

records to be kept shall be described in the relevant Transitional Subsidiary A

ARTICLE 13

Records referred to in Article 12 of this Protocol shall be retained fo

years.

ARTICLE 14

Records referred to in Article 12 of this Protocol shall consist, as appro

(a) Accounting records of all nuclear material stored, processed, used o

each facility; and

(b) Operating records for activities within each facility.

ARTICLE 15

The system of measurements on which the records used for the prepara

are based shall either conform to the latest international standards or be 

quality to such standards.

ARTICLE 16

The accounting records referred to in Article 14(a) of this Protocol sha

following in respect of each material balance area determined in accordanc

9(b) of this Protocol:

(a) All inventory changes, so as to permit a determination of the book in

time;

(b) All measurement results that are used for determination of the physi

and

(c) All adjustments and corrections that have been made in respect 

changes, book inventories and physical inventories.
14(a) of this Protocol shall show, in respect of each batch of nuclear mat

identification, batch data and source data. The records shall account for ura

and plutonium separately in each batch of nuclear material. For each inve

the date of the inventory change and, when appropriate, the originating ma

area and the receiving material balance area or the recipient, shall be indica

ARTICLE 18

The operating records referred to in Article 14(b) of this Protocol sha

appropriate, in respect of each material balance area determined in acc

Article 9(b) of this Protocol:

(a) Those operating data which are used to establish changes in the 

composition of nuclear material;

(b) The data obtained from the calibration of tanks and instruments and f

and analyses, the procedures to control the quality of measurements an

estimates of random and systematic error;

(c) A description of the sequence of the actions taken in preparing for, 

a physical inventory, in order to ensure that it is correct and complete; and

(d) A description of the actions taken in order to ascertain the cause and 

any accidental or unmeasured loss that might occur.

ARTICLE 19

The United States shall provide the Agency with accounting reports 

Article 20 through 25 of this Protocol in respect of nuclear material in 

identified by the Agency pursuant to Article 2 of this Protocol.

ARTICLE 20

The accounting reports shall be based on the records kept in accordance 

12 to 18 to this Protocol. They shall be made in English.

ARTICLE 21

The United States shall provide the Agency with an initial report o

material in each facility identified by the Agency pursuant to Article 2 of 

Such report shall be dispatched to the Agency within thirty days of the l

Calendar month in which the facility is identified by the Agency and sh

situation as of the last day of that month.

ARTICLE 22

The United States shall provide the Agency with the following account

each material balance areas determined in accordance with Article 9(b) of t

(a) Inventory change reports showing all changes in the inventory of nu

The reports shall be dispatched as soon as possible and in any event with

after the end of the month in which the inventory changes occurred or wer

and

(b) Material balance reports showing the material balance based o

inventory of nuclear material actually present in the material balance are

shall be dispatched as soon as possible and in any event within thirty 

physical inventory has been taken.

The reports shall be based on data available as of the date of reportin

corrected at a later date, as required.

ARTICLE 23

Inventory change reports submitted in accordance with Article 22(a) o

shall specify identification and batch data for each batch of nuclear materi
concise notes:

(a) Explaining the inventory changes, on the basis of the operating dat

the operating records provided for in Article 18(a) of this Protocol; and

(b) Describing, as specified in the relevant Transitional Subsidiary Arra

anticipated operational programme, particularly the taking of a physical inv

ARTICLE 24

The United States shall report each inventory change, adjustment and cor

periodically in a consolidated list or individually. Inventory changes shall 

terms of batches. As specified in the relevant Transitional Subsidiary Arrang

changes in inventory of nuclear material, such as transfers of analytical sam

combined in one batch and reported as one inventory change.

ARTICLE 25

Material balance reports submitted in accordance with Article 22(b) o

shall include the following entries, unless otherwise agreed by the United 

Agency:

(a) Beginning physical inventory;

(b) Inventory changes (first increases, then decreases);

(c) Ending book inventory;

(d) Shipper/receiver differences;

(e) Adjusted ending book inventory;

(f) Ending physical inventory; and

(g) Material unaccounted for.

A statement of the physical inventory, listing all batches separately a

material identification and batch data for each batch, shall be attached to 

balance report.

ARTICLE 26

The Agency shall provide the United States with semi-annual statem

inventory of nuclear material in facilities identified pursuant to Article 2 of 

for each material balance area, as based on the inventory change reports 

covered by each such statement.

ARTICLE 27

(a) If the Agency so requests, the United States shall provide it with am

clarifications of any report submitted in accordance with Article 19 of 

insofar as consistent with the purpose of the Protocol.

(b) The Agency shall inform the United States of any significant observa

from its examination of reports received pursuant to Article 19 of this Prot

visits of inspectors made pursuant to Article 11 of this Protocol.

(c) The United States and the Agency shall, at the request of either, con

question arising out of the interpretation or application of this Proto

corrective action which, in the opinion of the Agency, should be taken by the 

to ensure compliance with its terms, as indicated by the Agency in its 

pursuant to paragraph (b) of this Article.

ARTICLE 28

The definition set forth in Article 90 of the Agreement shall apply, 

relevant, to this Protocol.
FOR THE UNITED STATES OF AMERICA: 

FOR THE INTERNATIONAL ATOMIC ENERGY AGENCY:
APPLICATION OF SAFEGUARDS

Senate of the United States

IN EXECUTIVE SESSION

July 2, 1980

Resolved, (two-thirds of the Senators present concurring therein), Th

advised and consent to the ratification of the Agreement between the Un

America and the International Atomic Energy Agency for the Appli

Safeguards in the United States of America, with attached Protocol, signed 

November 18, 1977 (Ex. B, Ninety-fifth Congress, second session, hereinaf

as “the Agreement”), subject to the following understandings:

1. That the President shall notify the Committee on Foreign Relations 

and the Committee on Foreign Affairs of the House of Representatives of 

addition to the list, to be provided to the International Atomic Energy Agen

Article 1(b) of the Agreement, of nuclear facilities within the United Stat

International Atomic Energy Agency inspections, together with an explanati

upon which the determination was made that any such facility did not 

national security significance, not less than 60 day prior to such proposed 

provided to the International Atomic Energy Agency, during which period 

may disapprove such addition by joint resolution by reason of direct nat

significance, under procedures identical to those provided for the con

resolutions pursuant to section 130 of the Atomic Energy Act of 1954 as am

2. That the President shall assure that concerned licensees within the Un

consulted in advance of, and that their views and interests are consi

negotiations with the International Atomic Energy Agency concerning the 

a particular facility of Subsidiary Arrangements made pursuant to Arti

Agreement.

3. That the President shall establish and maintain an appropriat

mechanism, comprised of the relevant Executive Branch agencies, 

participation of the Nuclear Regulatory Commission, under the chairm

Department of State, for the purpose of coordinating policy, and of resol

relating to the implementation of International Atomic Energy Agency saf

the Agreement, and, further, that the Congress shall be kept informed of the 

procedures of such interagency mechanism.

4. That in the event of any question of interpretation of the Agreemen

Regulatory Commission shall seek and be bound by guidance from the Pres

this understanding nor any other in this resolution shall in any way alter the r

of the Nuclear Regulatory Commission under the Agreement or in any 

existing authority and responsibility of the Nuclear Regulatory Commissio

5. That the Agreement shall not be constructed to require the commun

International Atomic Energy Agency of “Restricted Data” controlled by the 

the Atomic Energy Act of 1954, as amended, including data concernin

manufacture, or utilization of atomic weapons.

Attest: 

Secretary
ENERGY AGENCY FOR THE APPLICATION OF SAFEGUARD

UNITED STATES OF AMERICA

WHEREAS the United States of America (hereinafter referred to as “the U

and the International Atomic Energy Agency (hereinafter referred to as the 

parties to an Agreement for the Application of Safeguards in the United Stat

done at Vienna on November 18, 1977 (hereinafter referred to as the 

Agreement”), which entered into force on December 9, 1980;

AWARE OF the desire of the international community to further enh

nonproliferation by strengthening the effectiveness and improving the eff

Agency's safeguards system;

RECALLING that the Agency must take into account in the implementation 

the need to: avoid hampering the economic and technological development 

States or international co-operation in the field of peaceful nuclear acti

health, safety, physical protection and other security provisions in force an

individuals; and take every precaution to protect commercial, technological 

secrets as well as other confidential information coming to its knowledge; 

WHEREAS the frequency and intensity of activities described in this Pro

kept to the minimum consistent with the objective of strengthening the effe

improving the efficiency of Agency safeguards;

NOW THEREFORE the United States and the Agency have agreed as follo

Article 1–RELATIONSHIP BETWEEN THE PROTOCOL AN

SAFEGUARDS

a. The provisions of the Safeguards Agreement shall apply to this Protoco

that they are relevant to and compatible with the provisions of this Protoc

conflict between the provisions of the Safeguards Agreement and those of 

the provisions of this Protocol shall apply. 

b. The United States shall apply, and permit the Agency to apply, this Proto

only instances where its application would result in access by the Agency to 

direct national security significance to the United States or to locations o

associated with such activities.

c. Without prejudice to paragraph b. above, the United States shall have th

managed access in connection with activities with direct national security s

the United States or in connection with locations or information associa

activities.

Article 2–PROVISION OF INFORMATION

a. The United States shall provide the Agency with a declaration containing

(i) A general description of and information specifying th

nuclear fuel cycle-related research and development 

involving nuclear material carried out anywhere tha

specifically authorized or controlled by, or carried out on 

United States. 

(ii) Information identified by the Agency on the basis of exp

effectiveness or efficiency, and agreed to by the Unit
(iii) A general description of each building on each site, inc

and, if not apparent from that description, its contents. T

shall include a map of the site. 

(iv) A description of the scale of operations for each location 

activities specified in Annex I to this Protocol. 

(v) Information specifying the location, operational status and 

annual production capacity of uranium mines and concen

and thorium concentration plants, and the current annual 

such mines and concentration plants for the United Stat

The United States shall provide, upon request by the 

current annual production of an individual mine or conce

The provision of this information does not require de

material accountancy. 

(vi) Information regarding source material which has no

composition and purity suitable for fuel fabrication 

isotopically enriched, as follows:

(a) The quantities, the chemical composition, the u

use of such material, whether in nuclear or non-n

each location in the United States at which t

present in quantities exceeding ten metric ton

and/or twenty metric tons of thorium, and for o

with quantities of more than one metric ton, the 

the United States as a whole if the aggregate exce

tons of uranium or twenty metric tons of 

provision of this information does not require de

material accountancy;

(b) The quantities, the chemical composition and t

of each export out of the United States, of suc

specifically nonnuclear purposes in quantities ex

(1) Ten metric tons of uranium, or for succ

of uranium from the United States to th

each of less than ten metric tons, but ex

of ten metric tons for the year;

(2) Twenty metric tons of thorium, or f

exports of thorium from the United Stat

State, each of less than twenty me

exceeding a total of twenty metric tons 

(c) The quantities, chemical composition, current lo

or intended use of each import into the United 

material for specifically non-nuclear purposes 

exceeding; 

(1) Ten metric tons of uranium, or for succ

of uranium into the United States each o

metric tons, but exceeding a total of te

for the year;

(2) Twenty metric tons of thorium, or f

imports of thorium into the United Stat

than twenty metric tons, but exceedi

twenty metric tons for the year; 

it being understood that there is no requirement to provid

on such material intended for a non-nuclear use once it 

nuclear end-use form.
Article 37 of the Safeguards Agreement; 

(b) Information regarding the quantities (which may 

of estimates) and uses at each location, of nu

exempted from safeguards pursuant to Article 

Safeguards Agreement but not yet in a non-nu

form, in quantities exceeding those set out in Ar

Safeguards Agreement. The provision of this inf

not require detailed nuclear material accountanc

(viii) Information regarding the location or further processing o

or high-level waste containing plutonium, high enriche

uranium-233 on which safeguards have been terminate

Article 11 of the Safeguards Agreement. For the pu

paragraph, “further processing” does not include repac

waste or its further conditioning not involving the 

elements, for storage or disposal. 

(ix) The following information regarding specified equipm

nuclear material listed in Annex II: 

(a) For each export out of the United States of such e

material: the identity, quantity, location of inten

receiving State and date or, as appropriate, exp

export; 

(b) Upon specific request by the Agency, confirm

United States, as importing State, of informatio

the Agency by another State concerning the ide

and location of intended use in the United State

import or, as appropriate, expected date of the im

equipment and material into the United States. 

(x) General plans for the succeeding ten-year period re

development of the nuclear fuel cycle (including planne

cycle-related research and development activities) when 

the appropriate authorities in the United States. 

b. The United States shall make every reasonable effort to provide the Ag

following information: 

(i) A general description of and information specifying th

nuclear fuel cycle-related research and development 

involving nuclear material which are specifically related 

reprocessing of nuclear fuel or the processing of interme

level waste containing plutonium, high enriched uranium 

233 that are carried out anywhere in the United States but 

funded, specifically authorized or controlled by, or carried 

of, the United States. For the purpose of this paragraph, “p

intermediate or high-level waste does not include repac

waste or its conditioning not involving the separation of 

storage or disposal. 

(ii) A general description of activities and the identity of the p

carrying out such activities, at locations identified by 

outside a site which the Agency considers might be funct

to the activities of that site. The provision of this informa

to a specific request by the Agency. It shall be provided i

with the Agency and in a timely fashion. 

c. Upon request by the Agency, the United States shall provide amp

clarifications of any information it has provided under this Article, in so f

for the purpose of safeguards. 
a. The United States shall provide to the Agency the information identif

2.a.(i), (iii), (iv), (v), (vi)(a), (vii) and (x) and Article 2.b.(i) within 180 day

into force of this Protocol. 

b. The United States shall provide to the Agency, by 15 May of each year, 

information referred to in paragraph a. above for the period covering the pre

year. If there has been no change to the information previously provided, the 

shall so indicate.

c. The United States shall provide to the Agency, by 15 May of each year, th

identified in Article 2.a.(vi)(b) and (c) for the period covering the previous 

d. The United States shall provide to the Agency on a quarterly basis th

identified in Article 2.a.(ix)(a). This information shall be provided within 

the end of each quarter. 

e. The United States shall provide to the Agency the information identif

2.a.(viii) 180 days before further processing is carried out and, by 15 May 

information on changes in location for the period covering the previous cal

f. The United States and the Agency shall agree on the timing and fre

provision of the information identified in Article 2.a.(ii). 

g. The United States shall provide to the Agency the information in Arti

within sixty days of the Agency's request.

Article 4–COMPLEMENTARY ACCESS

The following shall apply in connection with the imple

complementary access under Article 5 of this Protocol: 

a. The Agency shall not mechanistically or systematically seek to verify th

referred to in Article 2; however, the Agency shall have access to: 

(i) Any location referred to in Article 5.a.(i) or (ii) on a sel

order to assure the absence of undeclared nuclear material 

(ii) Any location referred to in Article 5.b. or c. to resol

relating to the correctness and completeness of the inform

pursuant to Article 2 or to resolve an inconsistency re

information; 

(iii) Any location referred to in Article 5.a.(iii) to the extent 

the Agency to confirm, for safeguards purposes, the 

declaration of the decommissioned status of a facility or lo

facilities where nuclear material was customarily used. 

b. (i) Except as provided in paragraph (ii) below, the Agency 

United States advance notice of access of at least 24 hour

(ii) For access to any place on a site that is sought in con

design information verification visits or ad hoc or routin

on that site, the period of advance notice shall, if the Agen

be at least two hours but, in exceptional circumstances, 

than two hours.

c. Advance notice shall be in writing and shall specify the reasons for a

activities to be carried out during such access. 

d. In the case of a question or inconsistency, the Agency shall provide the 

with an opportunity to clarify and facilitate the resolution of the question or 

Such an opportunity will be provided before a request for access, unles

considers that delay in access would prejudice the purpose for which the ac

In any event, the Agency shall not draw any conclusions about the 

inconsistency until the United States has been provided with such an oppor

e. Unless otherwise agreed to by the United States, access shall only take 

regular working hours. 
thereby be delayed or otherwise impeded in the exercise of their functions.

Article 5

The United States shall provide the Agency with access to: 

a. (i) Any place on a site; 

(ii) Any location identified by the United States under Article 

(iii) Any decommissioned facility or decommissioned loc

facilities where nuclear material was customarily used. 

b. Any location identified by the United States under Article 2.a.(i), A

Article 2.a.(ix)(b) or Article 2.b., other than those referred to in paragrap

provided that if the United States is unable to provide such access, the Unit

make every reasonable effort to satisfy Agency requirements, without delay, 

means. 

c. Any location specified by the Agency, other than locations referred to in 

and b. above, to carry out location-specific environmental sampling, provi

United States is unable to provide such access, the United States shal

reasonable effort to satisfy Agency requirements, without delay, at adjacen

through other means. 

Article 6

When implementing Article 5, the Agency may carry out the follow

a. For access in accordance with Article 5.a.(i) or (iii): visual observation

environmental samples; utilization of radiation detection and measurem

application of seals and other identifying and tamper indicating device

Subsidiary Arrangements; and other objective measures which have been de

be technically feasible and the use of which has been agreed by the Board 

(hereinafter referred to as the “Board”) and following consultations betwee

and the United States. 

b. For access in accordance with Article 5.a.(ii): visual observation; item 

nuclear material; non-destructive measurements and sampling; utilizatio

detection and measurement devices; examination of records relevant to 

origin and disposition of the material; collection of environmental samp

objective measures which have been demonstrated to be technically feasib

of which has been agreed by the Board and following consultations betwee

and the United States. 

c. For access in accordance with Article 5.b.: visual observation; 

environmental samples; utilization of radiation detection and measurem

examination of safeguards relevant production and shipping records; and o

measures which have been demonstrated to be technically feasible and the 

has been agreed by the Board and following consultations between the A

United States. 

d. For access in accordance with Article 5.c.: collection of environmental sa

the event the results do not resolve the question or inconsistency at the loca

by the Agency pursuant to Article 5.c., utilization at that location of visua

radiation detection and measurement devices, and, as agreed by the United 

Agency, other objective measures. 

Article 7

a. Upon request by the United States, the Agency and the United Stat

arrangements for managed access under this Protocol in order to prevent the 

of proliferation sensitive information, to meet safety or physical protection 

or to protect proprietary or commercially sensitive information. Such arran

not preclude the Agency from conducting activities necessary to pro
completeness of the information referred to in Article 2 or of an inconsisten

that information. 

b. The United States may, when providing the information referred to in Ar

the Agency of the places at a site or location at which managed access may 

c. Pending the entry into force of any necessary Subsidiary Arrangemen

States may have recourse to managed access consistent with the provision

a. above. 

Article 8

Nothing in this Protocol shall preclude the United States from 

Agency access to locations in addition to those referred to in Articles 5 

requesting the Agency to conduct verification activities at a particular 

Agency shall, without delay, make every reasonable effort to act upon such 

Article 9

The United States shall provide the Agency with access to location

the Agency to carry out wide-area environmental sampling, provided that 

States is unable to provide such access it shall make every reasonable ef

Agency requirements at alternative locations. The Agency shall not seek su

the use of wide-area environmental sampling and the procedural arrangem

have been approved by the Board and following consultations between th

the United States.

Article 10

The Agency shall inform the United States of: 

a. The activities carried out under this Protocol, including those in respect of 

or inconsistencies the Agency had brought to the attention of the United 

sixty days of the activities being carried out by the Agency. 

b. The results of activities in respect of any questions or inconsistencies th

brought to the attention of the United States, as soon as possible but in an

thirty days of the results being established by the Agency. 

c. The conclusions it has drawn from its activities under this Protocol. Th

shall be provided annually. 

Article 11–DESIGNATlON OF AGENCY INSPECTORS

a. (i) The Director General shall notify the United 

Board’s approval of any Agency official as a safegua

Unless the United States advises the Director General of 

such an official as an inspector for the United States within 

of receipt of notification of the Board’s approval, the 

notified to the United States shall be considered desi

United States. 

(ii) The Director General, acting in response to a request 

States or on his own initiative, shall immediately infor

States of the withdrawal of the designation of any 

inspector for the United States. 

b. A notification referred to in paragraph a. above shall be deemed to be re

United States seven days after the date of the transmission by registere

notification by the Agency to the United States. 

Article 12–VISAS

The United States shall, within one month of the receipt of a req

provide the designated inspector specified in the request with approp
visas required shall be valid for at least one year and shall be renewed, a

cover the duration of the inspector's designation to the United States.

Article 13–SUBSIDIARY ARRANGEMENTS

a. Where the United States or the Agency indicates that it is necessary 

Subsidiary Arrangements how measures laid down in this Protocol are to b

United States and the Agency shall agree on such Subsidiary Arrangements 

days of the entry into force of this Protocol or, where the indication of the 

Subsidiary Arrangements is made after the entry into force of this Protocol

days of the date of such indication. 

b. Pending the entry into force of any necessary Subsidiary Arrangement

shall be entitled to apply the measures laid down in this Protocol. 

Article 14–COMMUNICATIONS SYSTEMS

a. The United States shall permit and protect free communications by th

official purposes between Agency inspectors in the United States 

Headquarters and/or Regional Offices, including attended and unattended tr

information generated by Agency containment and/or surveillance or 

devices. The Agency shall have, in consultation with the United States, the 

use of internationally established systems of direct communications, incl

systems and other forms of telecommunication, not in use in the United 

request of the United States or the Agency, details of the implementation of 

with respect to the attended or unattended transmission of information 

Agency containment and/or surveillance or measurement devices shall be s

Subsidiary Arrangements. 

b. Communication and transmission of information as provided for in parag

shall take due account of the need to protect proprietary or commerc

information or design information which the United States regards as bein

sensitivity. 

Article 15–PROTECTION OF CONFIDENTIAL INFORMAT

a. The Agency shall maintain a stringent regime to ensure effective prot

disclosure of commercial, technological and industrial secrets and othe

information coming to its knowledge, including such information coming to 

knowledge in the implementation of this Protocol. 

b. The regime referred to in paragraph a. above shall include, among othe

relating to:

(i) General principles and associated measures for the handling o

information; 

(ii) Conditions of staff employment relating to the protection o

information;

(iii) Procedures in cases of breaches or alleged breaches of confid

c. The regime referred to in paragraph a. above shall be approved an

reviewed by the Board.

Article 16–ANNEXES

a. The Annexes to this Protocol shall be an integral part thereof. Except fo

of amendment of the Annexes, the term “Protocol” as used in this instrum

Protocol and the Annexes together.1

––––––––

1 To view the Annexes, see the Model Additional Protocol at the International Atomic En

Web site: http://www.iaea.org/Publications/Documents/Infcircs/1997/infcirc540c.pdf. T

Additional Protocol is the basis of this agreement, with the one exception being the Nati

Exclusion.
working group of experts established by the Board. Any such amendment sh

four months after its adoption by the Board. 

Article 17–ENTRY INTO FORCE

a. This Protocol shall enter into force on the date on which the Agency rec

United States written notification that the United States' statutory and 

requirements for entry into force have been met. 

b. The United States may, at any date before this Protocol enters into force, 

will apply this Protocol provisionally. 

c. The Director General shall promptly inform all Member States of the A

declaration of provisional application of, and of the entry into force of, this 

Article 18–DEFINITIONS

For the purpose of this Protocol: 

a. Nuclear fuel cycle-related research and development activities means th

which are specifically related to any process or system development aspec

following:

- conversion of nuclear material,

- enrichment of nuclear material, 

- nuclear fuel fabrication, 

- reactors, critical facilities, 

- reprocessing of nuclear fuel, 

- processing (not including repackaging or conditioning not 

separation of elements, for storage or disposal) of intermediate 

waste containing plutonium, high enriched uranium or uranium-23

but do not include activities related to theoretical or basic scientific r

research and development on industrial radioisotope applications, medica

and agricultural applications, health and environmental effects a

maintenance. 

b. Site means that area delimited by the United States in the relevant desig

for a facility, including a closed-down facility, and in the relevant info

location outside facilities where nuclear material is customarily used, inclu

down location outside facilities where nuclear material was customarily 

limited to locations with hot cells or where activities related to conversion

fuel fabrication or reprocessing were carried out). It shall also include all in

located with the facility or location, for the provision or use of essential serv

hot cells for processing irradiated materials not containing nuclear materia

for the treatment, storage and disposal of waste; and buildings associated 

activities identified by the United States under Article 2.a.(iv) above. 

c. Decommissioned facility or decommissioned location outside facilit

installation or location at which residual structures and equipment essent

have been removed or rendered inoperable so that it is not used to store and 

be used to handle, process or utilize nuclear material.

d. Closed-down facility or closed-down location outside facilities means an 

location where operations have been stopped and the nuclear material remo

has not been decommissioned. 

e. High enriched uranium means uranium containing 20 percent or more 

uraniumr-235. 

f. Location-specific environmental sampling means the collection of 

samples (e.g., air, water, vegetation, soil, smears) at, and in the immediate 

location specified by the Agency for the purpose of assisting the Ag

conclusions about the absence of undeclared nuclear material or nuclear a

specified location. 
the purpose of assisting the Agency to draw conclusions about the absence 

nuclear material or nuclear activities over a wide area. 

h. Nuclear material means any source or any special fissionable material 

Article XX of the Statute. The term source material shall not be interpreted 

ore or ore residue. Any determination by the Board under Article XX of the 

Agency after the entry into force of this Protocol which adds to the materi

to be source material or special fissionable material shall have effect unde

only upon acceptance by the United States. 

i. Facility means: 

(i) A reactor, a critical facility, a conversion plant, a fabric

reprocessing plant, an isotope separation plant or a se

installation; or 

(ii) Any location where nuclear material in amounts gre

effective kilogram is customarily used.

j. Location outside facilities means any installation or location, which is 

where nuclear material is customarily used in amounts of one effective kilo

DONE at Vienna on the ____ day of 19___ in duplicate in the English lang

FOR THE UNITED STATES 

OF AMERICA

FOR THE INTERNATIONA

ENERGY AGENC
Public Law 109–401 120 S

December 18, 2006

Title II—United States Additional Protocol Implem

Sec. 201. Short Title

This title may be cited as the “United States Addit

Implementation Act”.

Sec. 202. Findings

Congress makes the following findings:

(1) The proliferation of nuclear weapons and 

explosive devices poses a grave threat to the national s

United States and its vital national interests.

(2) The Nuclear Non-Proliferation Treaty has pro

limiting such proliferation.

(3) For the Nuclear Non-Proliferation Treaty to be e

of the non-nuclear-weapon State Parties must 

comprehensive safeguards agreement with the IAE

agreements must be honored and enforced.

(4) Recent events emphasize the urgency of stre

effectiveness and improving the efficiency of the safeg

This can best be accomplished by providing IAEA in

more information about, and broader access to, nuclear ac

the territory of non-nuclear-weapon State Parties.

(5) The proposed scope of such expanded informat

has been negotiated by the member states of the IAEA in 

Model Additional Protocol to its existing safeguards ag

universal acceptance of Additional Protocols by non-nu

states is essential to enhancing the effectiveness of the 

Proliferation Treaty.

(6) On June 12, 1998, the United States, as a nu

State Party, signed an Additional Protocol that is based 

Additional Protocol, but which also contains measures, c

its existing safeguards agreements with its members, th

right of the United States to exclude the application of IAE

to locations and activities with direct national security s

to locations or information associated with such activitie

(7) Implementation of the Additional Protocol 

States in a manner consistent with United States obligat

Nuclear Non-Proliferation Treaty may encourage other 

Nuclear Non-Proliferation Treaty, especially non- nu

State Parties, to conclude Additional Protocols and there

the Nuclear Non-Proliferation Treaty safeguards sys

reduce the threat of nuclear proliferation, which is 

substantial benefit to the United States.

(8) Implementation of the Additional Protocol b

States is not required and is completely voluntary given 

nuclear-weapon State Party, but the United States has a

Additional Protocol to demonstrate its commitment t

nonproliferation regime and to make United States 
(9) In accordance with the national security exclus

in Article 1.b of its Additional Protocol, the United States 

any inspection activities, nor make any declaration of an

with respect to, locations, information, and activities of 

security significance to the United States.

(10) Implementation of the Additional Protocol w

the principles set forth in the letter of April 30, 2002, fr

States Permanent Representative to the International A

Agency and the Vienna Office of the United Nations t

General of the International Atomic Energy Agency.

Sec. 203. Definitions

In this title:

(1) Additional protocol.--The term “Additional Pr

used in the singular form, means the Protocol Add

Agreement between the United States of America and th

Atomic Energy Agency for the Application of Safeguard

States of America, with Annexes, signed at Vienna Jun

Doc. 107-7).

(2) Appropriate congressional committees.--The te

“appropriate congressional committees” means th

on Armed Services, the Committee on Foreign Relat

Committee on Appropriations of the Senate and the C

Armed Services, the Committee on International R

Committee on Science, and the Committee on Approp

House of Representatives.

(3) Complementary access.--The term “compleme

means the exercise of the IAEA's access rights as set fo

4 to 6 of the Additional Protocol.

(4) Executive agency.--The term “executive age

meaning given such term in section 105 of title 5, United 

(5) Facility.--The term “facility” has the meanin

Article 18i. of the Additional Protocol.

(6) IAEA.--The term “IAEA” means the Interna

Energy Agency.

(7) Judge of the united states.--The term “judge 

States” means a United States district judge, or a 

magistrate judge appointed under the authority of chapter 

United States Code.

(8) Location.--The term “location” means any geo

or area declared or identified by the United States or sp

International Atomic Energy Agency.

(9) Nuclear non-proliferation treaty.--The term “

Proliferation Treaty” means the Treaty on the Non- P

Nuclear Weapons, done at Washington, London, and M

1968, and entered into force March 5, 1970 (21 UST 483

(10) Nuclear-weapon state party and non-nuclear

party.--The terms “nuclear-weapon State Party” and “

weapon State Party” have the meanings given such terms 

Non-Proliferation Treaty.

(11) Person.--The term “person”, except as otherw

means any individual, corporation, partnership, firm, ass

estate, public or private institution, any State or 

subdivision thereof, or any political entity within a Stat
in the United States.

(12) Site.--The term “site” has the meaning set fo

18b. of the Additional Protocol.

(13) United states.--The term “United States”, w

geographic reference, means the several States of the Un

District of Columbia, and the commonwealths, te

possessions of the United States and includes all pla

jurisdiction or control of the United States, including--

(A) the territorial sea and the overlying airsp

(B) any civil aircraft of the United States or p

as such terms are defined in paragraphs (1

respectively, of section 40102(a) of title 49, United 

and

(C) any vessel of the United States, as such t

in section 3(b) of the Maritime Drug Law Enforce

U.S.C. App. 1903(b)).

(14) Wide-area environmental sampling.--The ter

environmental sampling” has the meaning set forth in A

the Additional Protocol.

Sec. 204. Severability

If any provision of this title, or the application of s

to any person or circumstance, is held invalid, the remaind

or the application of such provision to persons or circumstan

those as to which it is held invalid, shall not be affected ther

Subtitle A—General Provisions

Sec. 211. Authority

(a) In General.--The President is authorized to im

carry out the provisions of this title and the Additional Prot

designate through Executive order which executive agency 

the United States, which may include but are not limited to th

of State, the Department of Defense, the Department o

Department of Commerce, the Department of Energy, an

Regulatory Commission, shall issue or amend and enforce 

order to implement this title and the provisions of the Additi

(b) Included Authority.--For any executive agen

under subsection (a) that does not currently possess the 

conduct site vulnerability assessments and related activities

provided in subsection (a) includes such authority.

(c) Exception.--The authority described in subsectio

supersede or otherwise modify any existing authority o

department or agency already having such authority.

Subtitle B—Complementary Access

Sec. 221. Requirement for Authority to Conduct Co

Access

(a) Prohibition.--No complementary access to any 

United States shall take place pursuant to the Additional Pro

the authorization of the United States Government in accord

requirements of this title.

(b) Authority.--
authorized in accordance with this title.

(2) United states representatives.--

(A) Restrictions.--In the event of complemen

a privately owned or operated location, no em

Environmental Protection Agency or of the Min

Health Administration or the Occupational Safet

Administration of the Department of Labor may pa

access.

(B) Number.--The number of designated 

representatives accompanying IAEA inspectors sh

the minimum necessary.

Sec. 222. Procedures for Complementary Access

(a) In General.--Each instance of complementar

location in the United States under the Additional Prot

conducted in accordance with this subtitle.

(b) Notice.--

(1) In general.--Complementary access referred to 

(a) may occur only upon the issuance of an actual written 

United States Government to the owner, operator, occu

in charge of the location to be subject to complementary 

(2) Time of notification.--The notice under paragra

submitted to such owner, operator, occupant, or agen

possible after the United States Government has receive

that the IAEA seeks complementary access. Notices m

prominently at the location if the United States Governm

to provide actual written notice to such owner, operator

agent.

(3) Content of notice.--

(A) In general.--The notice required by para

specify--

(i) the purpose for the complementary 

(ii) the basis for the selection of the f

other location for the complementary access 

(iii) the activities that will be carried 

complementary access;

(iv) the time and date that the c

access is expected to begin, and the antic

covered by the complementary access; and

(v) the names and titles of the inspect

(4) Separate notices required.--A separate no

provided each time that complementary access is sought 

(c) Credentials.--The complementary access team 

and representatives or designees of the United States Gov

display appropriate identifying credentials to the own

occupant, or agent in charge of the location before gai

connection with complementary access.

(d) Scope.--

(1) In general.--Except as provided in a warrant 

section 223, and subject to the rights of the United State

under the Additional Protocol to limit compleme

complementary access to a location pursuant to this title 

all activities specifically permitted for such locations und

the Additional Protocol.
(A) financial data (other than production dat

(B) sales and marketing data (other than ship

(C) pricing data;

(D) personnel data;

(E) patent data;

(F) data maintained for compliance with env

occupational health and safety regulations; or

(G) research data.

(e) Environment, Health, Safety, and Security.--In 

their activities, members of the IAEA complementary acc

representatives or designees of the United States Gov

observe applicable environmental, health, safety, and secur

established at the location subject to complementary acc

those for protection of controlled environments within a fa

personal safety.

Sec. 223. Consents, Warrants, and Complementary Acce

(a) In General.--

(1) Procedure.--

(A) Consent.--Except as provided in para

appropriate official of the United States Governm

or have the consent of the owner, operator, occupa

charge of a location prior to entering that location 

with complementary access pursuant to sections 

The owner, operator, occupant, or agent in charge 

may withhold consent for any reason or no reason.

(B) Administrative search warrant.--In th

consent, the United States Government m

administrative search warrant from a judge of the 

under subsection (b). Proceedings regarding the i

administrative search warrant shall be conducted e

otherwise requested by the United States Governm

(2) Expedited access.--For purposes of obtainin

location pursuant to Article 4b.(ii) of the Additional Pro

to satisfy United States obligations under the Additional 

notice of two hours or less is required, the United State

may gain entry to such location in connection with c

access, to the extent such access is consistent wit

Amendment to the United States Constitution, without ob

a warrant or consent.

(b) Administrative Search Warrants for Compleme

(1) Obtaining administrative search 

complementary access conducted in the United States p

Additional Protocol, and for which the acquisition of 

required, the United States Government shall fir

administrative search warrant from a judge of the Unit

United States Government shall provide to such judge a

information regarding the basis for the selection of the f

other location to which complementary access is sought

(2) Content of affidavits for administrative search 

judge of the United States shall promptly issue an admini

warrant authorizing the requested complementary ac

affidavit submitted by the United States Government--

(A) stating that the Additional Protocol is in 
Protocol;

(C) stating that the purpose of the complem

is consistent with Article 4 of the Additional Proto

(D) stating that the requested complementa

accordance with Article 4 of the Additional Protoc

(E) containing assurances that the scope o

complementary access, as well as what it may co

limited to the access provided for in Article 6 of t

Protocol;

(F) listing the items, documents, and areas t

and seized;

(G) stating the earliest commencement and t

duration of the complementary access period, a

expected times of day during which such complem

will take place; and

(H) stating that the location to which entry 

with complementary access is sought was selected 

(i) because there is probable cause, o

specific evidence, to believe that informati

be reported regarding a location pursuant 

promulgated under this title is incorrect or in

that the location to be accessed conta

regarding that violation; or

(ii) pursuant to a reasonable general 

plan based upon specific neutral criteria.

(3) Content of warrants.--A warrant issued under 

shall specify the same matters required of an affidav

paragraph. In addition, each warrant shall contain the id

representatives of the IAEA on the complementary acces

identities of the representatives or designees of the 

Government required to display identifying credentials 

222(c).

Sec. 224. Prohibited Acts Relating to Complementary A

It shall be unlawful for any person willfully to fa

permit, or to disrupt, delay, or otherwise impede, a complem

authorized by this subtitle or an entry in connection with su

Subtitle C—Confidentiality of Information

Sec. 231. Protection of Confidentiality of Information

Information reported to, or otherwise acquired b

States Government under this title or under the Additional 

be exempt from disclosure under section 552 of title 5, Unite

Subtitle D—Enforcement

Sec. 241. Recordkeeping Violations

It shall be unlawful for any person willfully to fail 

(1) to establish or maintain any record required by 

prescribed under this title;

(2) to submit any report, notice, or other information 

States Government in accordance with any regulation pre

this title; or
this title.

Sec. 242. Penalties

(a) Civil.--

(1) Penalty amounts.--Any person that is de

accordance with paragraph (2), to have violated section 

241 shall be required by order to pay a civil penalty in a

to exceed $ 25,000 for each violation. For the pur

paragraph, each day during which a violation of section 

shall constitute a separate violation of that section.

(2) Notice and hearing.--

(A) In general.--Before imposing a pena

person under paragraph (1), the head of an exe

designated under section 211(a) shall provide th

notice of the order. If, within 15 days after receivi

the person requests a hearing, the head of th

executive agency shall initiate a hearing on the vio

(B) Conduct of hearing.--Any hearing so r

be conducted before an administrative judge. The 

be conducted in accordance with the requirements 

of title 5, United States Code. If no hearing is so 

order imposed by the head of the designated 

constitute a final agency action.

(C) Issuance of orders.--If the adminis

determines, upon the preponderance of the evide

that a person named in the complaint has violated 

section 241, the administrative judge shall state t

fact and conclusions of law, and issue and serve o

an order described in paragraph (1).

(D) Factors for determination of penalty 

determining the amount of any civil penalty, the 

judge or the head of the designated agency shall tak

the nature, circumstances, extent, and gravity of th

violations and, with respect to the violator, the a

effect on ability to continue to do business, any h

violations, the degree of culpability, the existence 

compliance program, and such other matters a

require.

(E) Content of notice.--For the purposes of t

notice shall be in writing and shall be verifiably se

person or persons subject to an order described in 

In addition, the notice shall--

(i) set forth the time, date, and specifi

alleged violation or violations; and

(ii) specify the administrative and jud

available to the person or persons subject 

including the availability of a hearing an

appeal.

(3) Administrative appellate review.--The decision 

an administrative judge shall be the recommended deci

and shall be referred to the head of the designated execut

final decision and order. If, within 60 days, the head of t

executive agency does not modify or vacate the decisio

shall become a final agency action under this subsection
in the Court of Appeals for the District of Columbia Ci

Court of Appeals for the district in which the violation o

(5) Enforcement of final orders.--

(A) In general.--If a person fails to compl

order issued against such person under this subsect

(i) the person has not filed a petitio

review of the order in accordance with parag

(ii) a court in an action brought under 

has entered a final judgment in favor of t

executive agency, the head of the designa

agency shall commence a civil action to see

with the final order in any appropriate distri

United States.

(B) No review.--In any such civil action, th

appropriateness of the final order shall not be subje

(C) Interest.--Payment of penalties assessed 

under this section shall include interest at curren

rates calculated from the date of expiration of the 

referred to in paragraph 

(3) or the date of such final order, as the case may 

(b) Criminal.--Any person who violates section 2

241 may, in addition to or in lieu of any civil penalty w

imposed under subsection (a) for such violation, be fined 

United States Code, imprisoned for not more than five years

Sec. 243. Specific Enforcement

(a) Jurisdiction.--The district courts of the Unite

have jurisdiction over civil actions brought by the head of 

agency designated under section 211(a)--

(1) to restrain any conduct in violation of section 

241; or

(2) to compel the taking of any action required by 

title or the Additional Protocol.

(b) Civil Actions.--

(1) In general.--A civil action described in subsecti

brought--

(A) in the case of a civil action described in 

of such subsection, in the United States district 

judicial district in which any act, omission, o

constituting a violation of section 224 or section 24

in which the defendant is found or transacts busine

(B) in the case of a civil action described in 

of such subsection, in the United States district 

judicial district in which the defendant is found 

business.

(2) Service of process.--In any such civil action, pr

served on a defendant wherever the defendant may res

found.
Sec. 251. Notification to Congress of IAEA Board 

Wide-Area Environmental Sampling

(a) In General.--Not later than 30 days after the dat

Board of Governors of the IAEA approves wide-area 

sampling for use as a safeguards verification tool, the Preside

the appropriate congressional committees.

(b) Content.--The notification under subsection (a) 

(1) a description of the specific methods and sampl

approved by the Board of Governors that are to be 

purposes of wide-area sampling;

(2) a statement as to whether or not such sam

conducted in the United States under the Additional Prot

(3) an assessment of the ability of the approved 

sampling techniques to detect, identify, and determine 

type, and nature of nuclear activities.

Sec. 252. Application of National Security Exclusion t

Environmental Sampling

In accordance with Article 1(b) of the Additional 

United States shall not permit any wide-area environme

proposed by the IAEA to be conducted at a specified location 

States under Article 9 of the Additional Protocol unless the 

determined and reported to the appropriate congressional co

respect to that proposed use of environmental sampling that

(1) the proposed use of wide-area environmenta

necessary to increase the capability of the IAEA to dete

nuclear activities in the territory of a non-nuclear- weapo

(2) the proposed use of wide-area environmental 

not result in access by the IAEA to locations, activities, o

of direct national security significance; and

(3) the United States--

(A) has been provided sufficient op

consultation with the IAEA if the IAEA h

complementary access involving wide-area 

sampling; or

(B) has requested under Article 8 of th

Protocol that the IAEA engage in complementary 

United States that involves the use of wide-area 

sampling.

Sec. 253. Application of National Security E

Location-Specific Environmental Sampling

In accordance with Article 1(b) of the Additional 

United States shall not permit any location-specific 

sampling in the United States under Article 5 of the Addit

unless the President has determined and reported to th

congressional committees with respect to that prop

environmental sampling that--

(1) the proposed use of location-specific environme

is necessary to increase the capability of the IAEA to det

nuclear activities in the territory of a non- nuclear-weapo

(2) the proposed use of location-specific environme

will not result in access by the IAEA to locations, 

information of direct national security significance; and
(A) has been provided sufficient op

consultation with the IAEA if the IAEA h

complementary access involving location-specific 

sampling; or

(B) has requested under Article 8 of th

Protocol that the IAEA engage in complementary 

United States that involves the use of loca

environmental sampling.

Sec. 254. Rule of Construction

As used in this subtitle, the term “necessary to 

capability of the IAEA to detect undeclared nuclear ac

territory of a non-nuclear-weapon State Party” shall not b

encompass proposed uses of environmental sampling that m

IAEA in detecting undeclared nuclear activities in the terri

nuclear-weapon State Party by--

(1) setting a good example of cooperation in the co

sampling; or

(2) facilitating the formation of a political consens

support for such sampling in the territory of a non- nu

State Party.

Subtitle F—Protection of National Security Informa

Activities

Sec. 261. Protection of Certain Information

(a) Locations and Facilities of Direct Natio

Significance.--No current or former Department of Defense 

of Energy location, site, or facility of direct national securit

shall be declared or be subject to IAEA inspection under t

Protocol.

(b) Information of Direct National Security Sign

information of direct national security significance regarding 

site, or facility associated with activities of the Department 

the Department of Energy shall be provided under the Additi

(c) Restricted Data.--Nothing in this title shall be 

permit the communication or disclosure to the IAEA or IAE

of restricted data controlled by the provisions of the Atomic 

1954 (42 U.S.C. 2011 et seq.), including in particular “Restr

defined under paragraph (1) of section 11 y. of such A

2014(y)).

(d) Classified Information.--Nothing in this A

construed to permit the communication or disclosure to the I

employees of national security information and oth

information.

Sec. 262. IAEA Inspections and Visits

(a) Certain Individuals Prohibited From Obtaining 

national of a country designated by the Secretary of State 

620A of the Foreign Assistance Act of 1961 (22 U.S.C

government supporting acts of international terrorism shal

access to the United States to carry out an inspection acti

Additional Protocol or a related safeguards agreement.

(b) Presence of United States Government Pers

inspectors shall be accompanied at all times by United State
(c) Vulnerability and Related Assessments.--The P

conduct vulnerability, counterintelligence, and related as

less than every 5 years to ensure that information of direct na

significance remains protected at all sites, locations, 

activities in the United States that are subject to IAEA ins

the Additional Protocol.

Subtitle G—Reports

Sec. 271. Report on Initial United States Declaration

Not later than 60 days before submitting the initial 

declaration to the IAEA under the Additional Protocol, the P

submit to Congress a list of the sites, locations, facilities, an

the United States that the President intends to declare to the 

report thereon.

Sec. 272. Report on Revisions to Initial United States De

Not later than 60 days before submitting to th

revisions to the United States declaration submitted under t

Protocol, the President shall submit to Congress a list 

locations, facilities, or activities in the United States that 

intends to add to or remove from the declaration, and a repo

Sec. 273. Content of Reports on United States Declaratio

The reports required under section 271 and sect

present the reasons for each site, location, facility, and 

declared or being removed from the declaration list and sha

(1) each site, location, facility, and activity included 

been examined by each agency with national security 

respect to such site, location, facility, or activity; and

(2) appropriate measures have been taken to 

information of direct national security significance 

compromised at any such site, location, facility, o

connection with an IAEA inspection.

Sec. 274. Report on Efforts to Promote the Imple

Additional Protocols

Not later than 180 days after the entry into force of 

Protocol, the President shall submit to the appropriate 

committees a report on--

(1) measures that have been or should be taken t

adoption of additional protocols to existing safeguard

signed by non-nuclear-weapon State Parties; and

(2) assistance that has been or should be provided 

States to the IAEA in order to promote the effective impl

additional protocols to existing safeguards agreements s

nuclear-weapon State Parties and the verification of the 

such parties with IAEA obligations, with a plan for p

needed additional funding.

Sec. 275. Notice of IAEA Notifications

The President shall notify Congress of any notificat

the IAEA to the United States under Article 10 of the Additi
Sec. 281. Authorization of Appropriations

There are authorized to be appropriated such sum

necessary to carry out this title.
P. TABLE: STATUS WITH REGARD TO CONCLUSION OF SAFEG

PROTOCOLS AND SMALL QUANTITI

State/Party SQPa

Status o

Agre

Afghanistan X In Force: F

Albania1 In Force: M

Algeria In Force: J

Andorra Amended: Apr 24, 2013 In Force: O

Angola In Force: Apr 28, 2010 In Force: A

Antigua and Barbuda2 Amended: Mar 05, 2012 In Force: 

Argentina3 In Force: M

Armenia In Force: M

Australia In Force: J

Austria4 Accession: 

Azerbaijan Amended: Nov 20, 2006 In Force: A

Bahamas2, The Amended: Jul 25, 2007 In Force: 

Bahrain In Force: May 10, 2009 In Force: M

Bangladesh In Force: J

Barbados2 X In Force: A

Belarus In Force: A

Belgium In Force: F

Belize5 X In Force: J

Benin Amended: Apr 15, 2008 Signed: Ju

Bhutan X In Force: O

Bolivia2 X In Force: F

Bosnia and Herzegovina In Force: A

Botswana In Force: A

Brazil6 In Force: M

Brunei Darussalam X In Force: N

Bulgaria7 Accession: 

Burkina Faso Amended: Feb 18, 2008 In Force: A

Burundi In Force: Sep 27, 2007 In Force: 
P. TABLE: STATUS WITH REGARD TO CONCLUSION OF SAFEG

PROTOCOLS AND SMALL QUANTITI

State/Party SQPa

Status o

Agre

Cambodia Amended: Jul 16, 2014 In Force: D

Cameroon X In Force: D

Canada In Force: F

Cabo Verde Amended: Mar 27, 2006 Signed: Ju

Central African Republic In Force: Sep 07, 2009 In Force: 

Chad In Force: May 13, 2010 In Force: M

Chile8 In Force: A

China In Force: 

Colombia8 In Force: D

Comoros In Force: Jan 20, 2009 In Force: J

Congo, Republic of the In force: Oct 28, 2011 In force: O

Costa Rica2 Amended: Jan 12, 2007 In Force: N

Côte d'Ivoire In Force: 

Croatia Amended: May 26, 2008 In Force: J

Cuba2 In Force: J

Cyprus9 Accession: 

Czech Republic10 Accession: 

Democratic Republic of the Congo In Force: N

Denmark11 In force: M

In force: F

Djibouti Signed: May 27, 2010 Signed: M

Dominica5 X In Force: M

Dominican Republic2 Amended: Oct 11, 2006 In Force: O

Democratic People’s Republic of Korea, 

D.P.R.K.

In force: A

Ecuador2 Amended: April 07, 2006 In Force: M

Egypt In Force: J

El Salvador2 Amended: Jun 10, 2011 In Force: A

Equatorial Guinea Approved: Jun 13, 1986 Approved: 
P. TABLE: STATUS WITH REGARD TO CONCLUSION OF SAFEG

PROTOCOLS AND SMALL QUANTITI

State/Party SQPa

Status o

Agre

Eritrea

Estonia12 Accession: 

Ethiopia X In Force: D

Fiji X In Force: M

Finland13 Accession: 

France In Force: 

X In Force: O

 

Gabon Amended: Oct 30, 2013 In Force: M

Gambia Amended: Oct 17, 2011 In Force: A

Georgia In Force: J

Germany15 In Force: F

Ghana Rescinded: Feb 24, 2012 In Force: F

Greece16 Accession: 

Grenada2 X In Force: J

Guatemala2 Amended: Apr 26, 2011 In Force: F

Guinea Signed: Dec 13, 2011 Signed: D

Guinea–Bissau Signed: Jun 21, 2013 Signed: Ju

Guyana2 X In Force: M

Haiti2 X In Force: M

Holy See Amended: Sep 11, 2006 In Force: A

Honduras2 Amended: Sep 20, 2007 In Force: A

Hungary17 Accession: 

Iceland Amended: Mar 15, 2010 In Force: O

India

In Force: 

In Force: N

In Force: 

In Force: O

In Force: M

In Force: M
P. TABLE: STATUS WITH REGARD TO CONCLUSION OF SAFEG

PROTOCOLS AND SMALL QUANTITI

State/Party SQPa

Status o

Agre

Indonesia In Force: J

Iran, Islamic Republic of In Force: M

Iraq In Force: F

Ireland In Force: F

Israel In Force: A

Italy In Force: F

Jamaica2 Rescinded: Dec 15, 2006 In Force: N

Japan In Force: D

Jordan X In Force: F

Kazakhstan In Force: A

Kenya In Force: Sep 18, 2009 In Force: 

Kiribati X In Force: D

Korea, Republic of In Force: N

Kuwait Amended: Jul 26, 2013 In Force: M

Kyrgyzstan X In Force: F

Lao Peoples Democratic Republic

(P.D.R.)

X In Force: A

Latvia18 Accession: 

Lebanon Amended: Sep 05, 2007 In Force: M

Lesotho Amended: Sep 08, 2009 In Force: J

Liberia

Libya In Force: J

Liechtenstein In Force: O

Lithuania19 Accession: 

Luxembourg In Force: F

Madagascar Amended: May 29, 2008 In Force: J

Malawi Amended: Feb 29, 2008 In Force: A

Malaysia In Force: F
P. TABLE: STATUS WITH REGARD TO CONCLUSION OF SAFEG

PROTOCOLS AND SMALL QUANTITI

State/Party SQPa

Status o

Agre

Maldives X In Force: O

Mali Amended: Apr 18, 2006 In Force: 

Malta20 Accession: 

Marshall Islands In Force: M

Mauritania Amended: Mar 20, 2013 In Force: D

Mauritius Amended: Sep 26, 2008 In Force: J

Mexico21 In Force: 

Micronesia, Federated States

Monaco Amended: Nov 27, 2008 In Force: J

Mongolia X In Force: 

Montenegro In Force: Mar 04, 2011 In Force: M

Morocco Rescinded: Nov 15, 2007 In Force: F

Mozambique In Force: Mar 01, 2011 In Force: M

Myanmar X In Force: A

Namibia X In Force: A

Nauru X In Force: A

Nepal X In Force: J

Netherlands X In Force: J

In Force: F

New Zealand22 Amended: Feb 24, 2014 In Force: F

Nicaragua2 Amended: Jun 12, 2009 In Force: D

Niger In Force: F

Nigeria Rescinded: Aug 14, 2012 In Force: F

Norway In Force: M

Oman X In Force: 
P. TABLE: STATUS WITH REGARD TO CONCLUSION OF SAFEG

PROTOCOLS AND SMALL QUANTITI

State/Party SQPa

Status o

Agre

Pakistan

In Force: M

In Force: J

In Force: O

In Force: M

In Force: M

In Force: 

In Force: F

In Force: F

In Force: A

Palau Amended: Mar 15, 2006 In Force: M

Panama8 Amended: March 04, 2011 In Force: M

Papua New Guinea X In Force: O

Paraguay2 X In Force: M

Peru2 In Force: A

Philippines In Force: O

Poland23 Accession: 

Portugal24 Accession: 

Qatar In Force: Jan 21, 2009 In Force: J

Republic of Moldova Amended: Sep 01, 2011 In Force: M

Romania25 Accession: 

Russian Federation In Force: J

Rwanda In Force: May 17, 2010 In Force: M

St. Kitts and Nevis5 X In Force: M

St. Lucia5 X In Force: F

St. Vincent and the Grenadines5 X In Force: J

Samoa X In Force: J

San Marino Amended: May 13, 2011 In Force: 

São Tome and Principe

Saudi Arabia X In Force: J
P. TABLE: STATUS WITH REGARD TO CONCLUSION OF SAFEG

PROTOCOLS AND SMALL QUANTITI

State/Party SQPa

Status o

Agre

Senegal Amended: Jan 06, 2010 In Force: J

Serbia26 In Force: D

Seychelles Amended: Oct 31, 2006 In Force: J

Sierra Leone X In Force: D

Singapore Amended: Mar 31, 2008 In Force: O

Slovakia27 Accession: 

Slovenia28 Accession: 

Solomon Islands X In Force: J

Somalia

South Africa In Force: 

Spain Accession: 

Sri Lanka In Force: A

Sudan X In Force: J

Suriname2 X In Force: F

Swaziland Amended: Jul 23, 2010 In Force: J

Sweden29 Accession: 

Switzerland In Force: 

Syrian Arab Republic In Force: M

Tajikistan30 Amended: Mar 06, 2006 In Force: D

Thailand In Force: M

The Former Yugoslav Rep. (F.Y.R.) of 

Macedonia

Amended: July 09, 2009 In Force: A

Timor-Leste Signed: Oct 06, 2009 Signed: Oc

Togo X In Force: J

Tonga X In Force: N

Trinidad and Tobago2 X In Force: N

Tunisia In Force: M

Turkey In Force: 
P. TABLE: STATUS WITH REGARD TO CONCLUSION OF SAFEG

PROTOCOLS AND SMALL QUANTITI

State/Party SQPa

Status o

Agre

Turkmenistan In Force: J

Tuvalu X In Force: M

Uganda Amended: Jun 24, 2009 In Force: F

Ukraine In Force: J

United Arab Emirates X In Force: O

United Kingdom

In Force: D

In Force: A

X Signed: Ja

United Republic of Tanzania Amended: Jun 10, 2009 In Force: F

United States of America In Force: D

X In Force: A

Uruguay2 In Force: 

Uzbekistan In Force: O

Vanuatu In force: May 21, 2013 In force: M

Venezuela2, Bolivarian Republic of In Force: M

Viet Nam In Force: F

Yemen, Republic of X In Force: A
P. TABLE: STATUS WITH REGARD TO CONCLUSION OF SAFEG

PROTOCOLS AND SMALL QUANTITI

State/Party SQPa

Status o

Agre

Zambia X In Force: 

Zimbabwe Amended: Aug 31, 2011 In Force: J

STATUS AS OF November 05, 2014

Key

States States not party to the NPT whose safeguards agreements are of INFCIR

States Nonnuclear-weapon States that are party to the NPT but have not yet brough

pursuant to Article III of that Treaty.

 * Voluntary offer safeguards agreement for NPT nuclear–weapon States.

NB: This document does not aim at listing all safeguards agreements that the IAEA has c

been suspended in light of the application of safeguards pursuant to a CSA. Unless other

concluded pursuant to the NPT.

a 

Provided that they fulfill certain conditions (including that the quantities of nuclear material do n

CSAs have the option to conclude a ‘small quantities protocol’ (SQP) that holds in abeyance the 

CSA as long as these conditions continue to apply. This column contains countries whose SQP 

is aware, these conditions continue to apply. For those States that have accepted the revised sta

the current status is reflected. b 

The IAEA also applies safeguards in Taiwan, China, under two agreements, INFCIRC/133 and 

13 October 1969 and 6 December 1971, respectively.

__________________________________________________________

1 

Sui generis comprehensive safeguards agreement. On 28 November 2002, upon approval by the 

that the safeguards agreement satisfies the requirement of Article III of the NPT. 2

Safeguards agreement refers to both the Treaty of Tlatelolco and the NPT. 
3 

Date refers to the safeguards agreement concluded between Argentina, Brazil, ABACC and the 

exchange of letters entered into force between Argentina and the IAEA confirming that the safeg

Tlatelolco and Article III of the NPT to conclude a safeguards agreement with the IAEA. 4 

The application of safeguards in Austria under the NPT bilateral safeguards agreement INFCIR

which date the agreement of 5 April 1973 between the nonnuclear weapon States of EURA

had acceded, entered into force for Austria. 5 

Date refers to a safeguards agreement pursuant to Article III of the NPT. Upon approval by the 

Lucia on 12 June 1996 and for Belize, Dominica, Saint Kitts & Nevis and Saint Vincent and G

satisfies the requirement of Article 13 of the Treaty of Tlatelolco. 6 

Date refers to the safeguards agreement concluded between Argentina, Brazil, ABACC and the 

exchange of letters entered into force between Brazil and the IAEA confirming that the safegu

Tlatelolco. On 20 Sept. 1999, upon approval by the Board of Governors, an exchange of letters 

the requirements of Article III of the NPT. 7 

The application of safeguards in Bulgaria under the NPT safeguards agreement INFCIRC/178, in 

the agreement of 5 April 1973 between the non-nuclear weapon States of EURATOM, EURATO

into force for Bulgaria. 8 

The date refers to a safeguards agreement pursuant to Article 13 of the Treaty of Tlatelolco. U

into force (for Chile on 9 September 1996; for Colombia on 13 June 2001; for Panama on 20 

requirement of Article III of the NPT. 9 

The application of safeguards in Cyprus under the NPT safeguards agreement INFCIRC/189, in 

the agreement of 5 April 1973 between the non-nuclear weapon States of EURATOM, EURATO

into force for Cyprus. 10 

The application of safeguards in the Czech Republic under the NPT safeguards agreement INFC

on which date the agreement of 5 April 1973 between the nonnuclear-weapon States of EURA

Republic had acceded, entered into force for the Czech Republic. 11 

The application of safeguards in Denmark under the bilateral NPT safeguards agreement INFC

1977, on which date the agreement of 5 April 1973 between the nonnuclear-weapon States of EU

for Denmark. Since 21 February 1977, that agreement also applies to the Faroe Islands. Upon G

between the IAEA and Denmark (INFCIRC/176) re-entered into force for Greenland. The Addi

12 

The application of safeguards in Estonia under the NPT safeguards agreement INFCIRC/547, in 

the agreement of 5 April 1973 between the non-nuclear-weapon States of EURATOM, EURATO

into force for Estonia.
13 

The application of safeguards in Finland under the bilateral NPT safeguards agreement INFCI

which date the agreement of 5 April 1973 (INFCIRC/193) between the non-nuclear-weapon S

acceded, entered into force for Finland. 14

The safeguards agreement referred to is pursuant to Additional Protocol I to the Treaty of Tlate

15 

The NPT safeguards agreement of 7 March 1972 concluded with the German Democratic Repub

which date the German Democratic Republic acceded to the Federal Republic of Germany. 16 

The application of safeguards in Greece under the NPT bilateral safeguards agreement INFCIR

Dec. 1981, on which date the agreement of 5 April 1973 between the non-nuclear-weapon Stat

Greece had acceded, entered into force for Greece. 17

The application of safeguards in Hungary under the bilateral NPT safeguards agreement INFCIR

which date the agreement of 5 April 1973 between the nonnuclear-weapon States of EURATO

acceded, entered into force for Hungary. 18 

The application of safeguards in Latvia under the bilateral NPT safeguards agreement INFCIR

which date the agreement of 5 April 1973 between the non-nuclear-weapon States of EURAT

acceded, entered into force for Latvia. 19 

The application of safeguards in Lithuania under the bilateral NPT safeguards agreement INFC

which date the agreement of 5 April 1973 between the non-nuclear-weapon States of EURATO

acceded, entered into force for Lithuania. 20 

The application of safeguards in Malta under the bilateral NPT safeguards agreement INFCIR

which date the agreement of 5 April 1973 between the non-nuclear-weapon States of EURAT

acceded, entered into force for Malta. 21

The safeguards agreement referred to was concluded pursuant to both the Treaty of Tlatelolco 

agreement pursuant to the Treaty of Tlatelolco, which entered into force on 6 Sept. 1968 (INFC

22 

Whereas the NPT safeguards agreement and small quantities protocol with New Zealand (INF

thereto (INFCIRC/185/Add.1) does not apply to those territories. 23 

The application of safeguards in Poland under the NPT safeguards agreement INFCIRC/179, in 

the agreement of 5 April 1973 between the non-nuclear-weapon States of EURATOM, EURATO

into force for Poland. 24 

The application of safeguards in Portugal under the bilateral NPT safeguards agreement INFCI

which date the agreement of 5 April 1973 between the non-nuclear-weapon States of EURATO

acceded, entered into force for Portugal.
25

The application of safeguards in Romania under the NPT safeguards agreement INFCIRC/180, 

date the agreement of 5 April 1973 between the non-nuclear-weapon States of EURATOM, EU

entered into force for Romania. 26 

The NPT safeguards agreement concluded with the Socialist Federal Republic of Yugoslavia (IN

applied in Serbia (formerly Serbia and Montenegro) to the extent relevant to the territory of Serb

27 

The application of safeguards in Slovakia under the bilateral NPT safeguards agreement with the 

1972, was suspended on 1 Dec. 2005, on which date the agreement of 5 April 1973 between th

(INFCIRC/193), to which Slovakia had acceded, entered into force for Slovakia. 28 

The application of safeguards in Slovenia under the NPT safeguards agreement INFCIRC/538, i

the agreement of 5 April 1973 between the non-nuclear-weapon States of EURATOM, EURATO

into force for Slovenia. 29 

The application of safeguards in Sweden under the NPT safeguards agreement INFCIRC/234, in 

the agreement of 5 April 1973 between the non-nuclear-weapon States of EURATOM, EURATO

into force for Sweden. 30 

The SQP ceased to be operational upon entry into force of the amendments to the SQP. 31 

Date refers to the INFCIRC/66-type safeguards agreement, concluded between the United King
Q. TABLE: IAEA SUPPL

Agreements between the International Atomic Energy Agency, the United States, an

pursuant to the Agreement for Peaceful Nuclear Cooperation between the United St

Agreement Date Signed IAEA 

Information

Effective Date

Argentina December 2, 1964 December 2, 1964 INFCIR

Argentina December 13, 1964 December 30, 1965 INFCIR

Argentina–Peru May 9, 1978 May 9, 1978 INFCIR

Canada–Jamaica January 25, 1984 January 25, 1984 INFCIR

Chile December 19, 1969 December 19, 1969 INFCIR

Chile December 31, 1974 December 31, 1974 INFCIR

Colombia May 30, June 7 & 17, 1994 June 17, 1994 INFCIR

Finland December 30, 1960 December 30, 1960 INFCIR

Finland July 8, 1966 July 8, 1966 INFCIR

Finland November 5, 1967 November 5, 1967 INFCIR

Finland – November 27, 1969 INFCIR

Greece March 1, 1972 March 1, 1972 INFCIR

Greece March 1, 1974 March 1, 1974 INFCIR

Greece December 15, 1977 December 15, 1977 INFCIR

India December 9, 1966 December 9, 1966 INFCIR

India July 2, 1970 July 2, 1970 INFCIR

India November 16, 1970 November 16, 1970 INFCIR

India July 1, 1971 July 1, 1971 INFCIR

India August 20, 1971 August 20, 1971 INFCIR

India October 1, 1971 October 1, 1971 INFCIR

Indonesia December 19, 1969 December 19, 1969 INFCIR

Indonesia April 7, 1975 April 7, 1975 INFCIR

Indonesia September 14, 1972 September 14, 1972 INFCIR

Indonesia December 7, 1979 December 7, 1979 INFCIR

––––––––

1 Citations refer to IAEA Information Circulars (INFCIRCS), Treaties and Other International A

States Treaties and Other International Agreements (UST). 
Agreement Date Signed IAEA 

Information

Effective Date

Iran June 7, 1967 June 7, 1967 INFCIR

Iraq December 28, 1972 December 28, 1972 INFCIR

Malaysia September 22, 1980 September 22, 1980 INFCIR

Malaysia June 12 & July 22, 1981 July 22, 1981 INFCIR

Mexico December 18, 1963 December 18, 1963 INFCIR

Mexico June 20, 1966 June 20, 1966 INFCIR

Mexico August 23, 1967 August 23, 1967 INFCIR

Mexico City October 4, 1972 October 4, 1972 INFCIR

Mexico December 12, 1972 December 12, 1972 INFCIR

Mexico February 12, 1974 February 12, 1974 INFCIR

Mexico June 14, 1974 June 14, 1974 INFCIR

Mexico March 6, 1980 March 6, 1980 TIAS 99

Morocco December 2, 1983 December 2, 1983 INFCIR

Norway April 10, 1961 June 15, 1961 INFCIR

Norway September 3, 1962 September 3, 1962 INFCIR

Norway April 8, 1964 April 8, 1964 INFCIR

Norway April 10, 1967 April 10, 1967 INFCIR

Pakistan March 5, 1962 March 5, 1962 INFCIR

Pakistan October 19, 1967 October 19, 1967 INFCIR

Pakistan June 17, 1968 June 17, 1968 INFCIR

Pakistan September 30, 1969 September 30, 1969 INFCIR

Pakistan June 16, 1971 June 16, 1971 INFCIR

Pakistan June 22, 1971 June 22, 1971 INFCIR

Pakistan November 16, 1971 November 16, 1971 INFCIR

Philippines September 28, 1966 September 28, 1966 INFCIR

Philippines August 23, 1968 August 23, 1968 INFCIR

Romania August 1, 1966 August 1, 1966 INFCIR

Romania March 30, 1973 March 30, 1973 INFCIR

Romania September 26, 1973 September 26, 1973 INFCIR

Romania July 24, 1975 July 24, 1975 INFCIR

Spain June 23, 1967 June 23, 1967 INFCIR
Agreement Date Signed IAEA 

Information

Effective Date

Thailand September 30, 1986 September 30, 1986 INFCIR

Turkey February 8, 1966 February 8, 1966 INFCIR

Turkey May 17, 1974 May 17, 1974 INFCIR

Venezuela November 7, 1975 November 7, 1975 INFCIR

Yugoslavia October 4, 1961 October 4, 1961 INFCIR

Yugoslavia September 28, 1965 September 28, 1965 INFCIR

Yugoslavia February 20, 1968 February 20, 1968 INFCIR

Yugoslavia December 30, 1970 December 30, 1970 INFCIR

Yugoslavia December 29, 1972 December 29, 1972 INFCIR

Yugoslavia June 14, 1974 June 14, 1974 INFCIR

Yugoslavia October 31, 1974 October 31, 1974 INFCIR

Yugoslavia January 16, 1980 July 14, 1980 INFCIR

Yugoslavia December 14, 15 and 20, 1982 December 20, 1982 INFCIR

Yugoslavia February 23, 1983 February 23, 1983 INFCIR

Zaire June 27, 1962 June 27, 1962 INFCIR

Zaire February 14, 1968 February 14, 1968 INFCIR

Zaire December 9, 1970 December 9, 1970 INFCIR

Zaire April 15, 1971 April 15, 1971 INFCIR

August 21, 2012

Information has been compiled from the International Atomic Energy Agency and the State Departme
R. TABLE: UNITED STATES AGREEMENTS FOR P

List of Agreemen

Agreement Date Signed Effective Date 

Argentina February 29, 1996 October 16, 1997 O

Australia1 May 5, 2010 December 22, 2010 D

Brazil October 14, 1997 September 15, 1999 S

Canada June 15, 1955 July 21, 1955 J

China July 23, 1985 December 30, 1985 D

Egypt June 29, 1981 December 29, 1981 D

European Atomic Energy 

Community (EURATOM)4

November 7, 1995 

& March 29, 1996 

April 12, 1996

India October 10, 2008 December 6, 2008 D

Indonesia June 30, 1980 December 30, 1981 D

International Atomic Energy Agency 

(IAEA)

May 11, 1959 August 7, 1959 

amendment February 12, 1974 May 31, 1974 A

Japan November 4, 1987 July 17, 1988 J

Kazakhstan November 18, 1997 November 5, 1999 N

Korea, Republic of November 24, 1972 March 19, 1973 M

Morocco May 30, 1980 May 16, 1981 M

Norway January 12, 1984 July 2, 1984 J

–––––––– 1 Australia and the United States also signed the “Agreement for Cooperation Concerning T

Excitation” on October 28, 1999 and entered into force on May 24, 2000; 2117 UNS 243. 

2 This agreement has been amended and/or extended five times. It was most recently amend

 3

 The renewal agreement has been initialed and is currently (March 2015) going through int

4 Euratom comprises the following Member States: Austria, Belgium, Bulgaria, Cyprus, Cz

Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portug

Kingdom.

5 This agreement is automatically renewed for 10-year periods unless one of the parties give

6 Extended February 20, 2004. 7 Extended May 15, 1974 (TIAS 7842). Currently (March 2015) being re-negotiated. 

 8

 Currently (March 2015) being re-negotiated.
Agreement Date Signed Effective Date 

Russia May 6, 2008 January 11, 2011 J

South Africa August 25, 1995 December 4, 1997 D

Switzerland October 31, 1997 June 23, 1998 J

Taiwan9 April 4, 1972 June 22, 1972 

 amendment March 15, 1974 June 14, 1974 J

Turkey July 26, 2000 June 2, 2008 J

Ukraine May 6, 1998 May 28, 1999 M

United Arab Emirates January 15, 2009 December 17, 2009 D

Vietnam May 8, 2014 October 3, 2014

–––––––– 9 Pursuant to section 6 of the Taiwan Relations Act, P.L. 96-8, 93 Stat. 14 (1979), and Exec

Taiwan authorities prior to January 1, 1979 are administered on a nongovernmental basis by the 

corporation, and constitute neither recognition of Taiwan authorities nor the continuation of any 
ENERGY AGENCY, THE UNITED STATES, AND OTHER COUN

THE APPLICATION OF SAFEGUARDS BY THE INTERNATIONA

ENERGY AGENCY TO EQUIPMENT DEVICES AND MATE

CONCERNING CIVIL USES OF ATOMIC ENERGY

Country Entered into Force

Date

TI

Argentina July 25, 1969 

Austria January 24, 1970 1 

Brazil October 31, 1968 

 Amended July 27, 1972 

China (Taiwan) December 6, 1971 2 

Colombia December 9, 1970 

 Extended March 28, 1977 

India January 27, 1971 

Iran August 20, 1969 3 

Israel April 4, 1975 

Extended April 7, 1977 

Korea January 5, 1968 

 Amended November 30, 1972 

Philippines July 19, 1968 4 

Portugal July 19, 1969 5 

South Africa July 26, 1967 

 Amended June 20, 1974 

Spain December 9, 1966 

 Amended June 28, 1974 

Sweden March 1, 1972 

Switzerland February 28, 1972 6 

Turkey June 5, 1969 7 

 Extended June 30, 1981 

Venezuela March 27, 1968 8 

 Extended February 18, 1981 

As of January 2013

–––––––– 1 Suspended by agreement signed September 21, 1971. 2 On January 1, 1979, the United States recognized the Government of the People’s 

China as 

the sole legal Government of China. Within this context, the people of the United States 

cultural, commercial and other unofficial relations with the people on Taiwan. The Unit

acknowledges the Chinese position that there is but one China and Taiwan is part of Chi

States does not recognize the “Republic of China” as a state or government. 3 Suspended by agreement signed June 19, 1973. 4 Suspended by agreement signed February 21, 1973. 5 Suspended by agreement signed September 23, 1980. 6 Suspended by agreement signed April 14, 1975. 7 Suspended by agreement signed January 15, 1985. 8 Suspended by agreement signed September 27, 1983.
FOR THE APPLICATION OF SAFEGUARDS PURSUANT TO 

NONPROLIFERATION TREATY OF JULY 1, 1968

Country Entered into Force 

Date

TIA

Australia July 10, 1974 

Austria1 July 23, 1972 

Denmark March 1, 1972 

Greece March 1, 1972 

Iran1 May 15, 1974 

Norway July 25, 1973 

Philippines1 October 16, 1974 

Portugal1 September 23, 19802 

Sweden1 May 6, 1975 

Switzerland1 September 23, 19802 

Thailand June 27, 1974 

Turkey1 January 15, 19852 

Venezuela1 September 27, 19832, 3 

As of January 2013 

–––––––– 1

 For suspension of previous agreements on safeguards, see section above. 2

 Also pursuant to the United States–IAEA agreement of November 18, 1977, for the 

safeguards in the United States (32 UST 3059; TIAS 9889). 3

 Also pursuant to the treaty for the prohibition of nuclear weapons in Latin America 

TIAS 7137).
Convention done at London, Mexico City, Moscow and Washington, Decem

Ratification of the United States of America deposited at Washington, Londo

City, April 29, 1974 and at Moscow, May 6, 1974

Entered into force, August 30, 1975

The Contracting Parties to this Convention,

Recognizing that the marine environment and the living organisms wh

are of vital importance to humanity, and all people have an interest in assuri

managed that its quality and resources are not impaired.

Recognizing that the capacity of the sea to assimilate wastes and render 

and its ability to regenerate natural resources is not unlimited;

Recognizing that States have in accordance with the Charter of the Unite

the principles of international law, the sovereign right to exploit their o

pursuant to their own environment policies, and the responsibility to ensure 

within their jurisdiction or control do not cause damage to the environment 

or of areas beyond the limits of national jurisdiction;

Recalling Resolution 2749 (XXV) of the General Assembly of the Unit

the principles governing the sea-bed and the ocean floor and the subsoil th

the limits of national jurisdiction;

Noting that marine pollution originates in many sources, such as 

discharges through the atmosphere, rivers, estuaries, outfalls and pipelines

important that States use the best practicable means to prevent such pollutio

products and processes which will reduce the amount of harmful wastes to b

Being convinced that the international action to control the pollution 

dumping can and must be taken without delay but that this action should 

discussion of measures to control other sources of marine pollution as soo

and

Wishing to improve protection of the marine environment by encouragi

a common interest in particular geographical areas to enter into appropria

supplementary to this Convention;

Have agreed as follows:

ARTICLE I

Contracting Parties shall individually and collectively promote the effec

all sources of pollution of the marine environment, and pledge themselve

take all practicable steps to prevent the pollution of the sea by the dumping 

other matter that is liable to create hazards to human health, to harm living 

marine life, to damage amenities or to interfere with other legitimate uses o

ARTICLE II

Contracting Parties shall, as provided for in the following Articles, 

measures individually, according to their scientific, technical and economi

and collectively, to prevent marine pollution caused by dumping and shall h

policies in this regard.

ARTICLE III

For the purposes of this Convention

1. (a) “Dumping” means:

(i) any deliberate disposal at sea of wastes or other matter 

aircraft, platforms or other man-made structures at sea;

(ii) any deliberate disposal at sea of vessels, aircraft, platf

man-made structures at sea.

(b) “Dumping” does not include:
structures at sea and their equipment, other than wastes or 

transported by or to vessels, aircraft, platforms or other man-mad

sea, operating for the purpose of disposal of such matter or der

treatment of such wastes or other matter on such vessels, aircraf

structures;

(ii) placement of matter for a purpose other than the mere dis

provided that such placement is not contrary to the aims of this C

(c) The disposal of wastes or other matter directly arising from, or 

exploration, exploitation and associated off-shore processing of sea

resources will not be covered by the provisions of this Convention.

2. “Vessels and aircraft” means waterborne or airborne craft of any typ

This expression includes air cushioned craft and floating craft, whether sel

not.

3. “Sea” means all marine waters other than the internal waters of State

4. “Wastes or other matter” means material and substance of any 

description.

5. “Special permit” means permission granted specifically on applicati

and in accordance with Annex II and Annex III.

6. “General permit” means permission granted in advance and in ac

Annex III.

7. “The Organization” means the Organization designated by the Contr

in accordance with Article XIV(2).

ARTICLE IV

1. In accordance with the provisions of this Convention Contracting 

prohibit the dumping of any wastes or other matter in whatever form or co

as otherwise specified below:

(a) the dumping of wastes or other matter listed in Annex I is prohib

(b) the dumping of wastes or other matter listed in Annex II requires 

permit;

(c) the dumping of all other wastes or matter requires a prior genera

2. Any permit shall be issued only after careful consideration of all the fa

in Annex III, including prior studies of the characteristics of the dumping si

in sections B and C of that Annex.

3. No provision of this Convention is to be interpreted as preventing 

Party from prohibiting, insofar as that Party is concerned, the dumping of w

matter not mentioned in Annex I. That Party shall notify such me

Organization.

ARTICLE V

1. The provisions of Article IV shall not apply when it is necessary to se

of human life or of vessels aircraft, platforms or other man-made structures 

of force majeure caused by stress of weather, or in any case which constitut

human life or a real threat to vessels, aircraft, platforms or other man-mad

sea, if dumping appears to be the only way of averting the threat and if 

probability that the damage consequent upon such dumping will be les

otherwise occur. Such dumping shall be so conducted as to minimize the 

damage to human or marine life and shall be reported forthwith to the orga

2. A Contracting Party may issue a special permit as an exception to Ar

in emergencies, posing unacceptable risk relating to human health and adm

feasible solution. Before doing so the Party shall consult any other countr

that are likely to be affected and the Organization which, after consulting 

and international organizations as appropriate, shall, in accordance with 
time within which action must be taken and with the general obligation to 

to the marine environment and shall inform the Organization of the action 

Parties pledge themselves to assist one another in such situations.

3. Any Contracting Party may waive its right under paragraph (2) at t

subsequent to ratification of, or accession to this Convention.

ARTICLE VI

1. Each Contracting Party shall designate an appropriate authority or au

(a) issue special permits which shall be required prior to, and for, th

matter listed in Annex II and in the circumstances provided for in Artic

(b) issue general permits which shall be required prior to, and for, th

all other matter;

(c) keep records of the nature and quantities of all matter permitted 

and the location, time and method of dumping;

(d) monitor individually, or in collaboration with other Parties a

international organizations, the condition of the seas for the pur

Convention.

2. The appropriate authority or authorities of a Contracting Party sh

special or general permits in accordance with paragraph (1) in respect of m

for dumping:

(a) loaded in its territory;

(b) loaded by a vessel or aircraft registered in its territory or flying 

the loading occurs in the territory of a State not party to this Convention

3. In issuing permits under sub-paragraphs (1)(a) and (b) above, th

authority or authorities shall comply with Annex III, together with such addi

measures and requirements as they may consider relevant.

4. Each Contracting Party, directly or through a Secretariat establi

regional agreement, shall report to the Organization, and where approp

Parties, the information specified in sub-paragraphs (c) and (d) of paragra

and the criteria, measures and requirements it adopts in accordance with 

above. The procedure to be followed and the nature of such reports shall be 

Parties in consultation.

ARTICLE VII

1. Each Contracting Party shall apply the measures required to impleme

Convention to all:

(a) vessels and aircraft registered in its territory or flying its flag;

(b) vessels and aircraft loading in its territory or territorial seas mat

be dumped;

(c) vessels and aircraft and fixed or floating platforms under i

believed to be engaged in dumping.

2. Each Party shall take in its territory appropriate measures to preve

conduct in contravention of the provisions of this Convention.

3. The Parties agree to co-operate in the development of procedures fo

application of this Convention particularly on the high seas, including proc

reporting of vessels and aircraft observed dumping is contravention of the C

4. This Convention shall not apply to those vessels and aircraft entitle

immunity under international law. However each Party shall ensure by th

appropriate measures that such vessels and aircraft owned or operated by it a

consistent with the object and purpose of this Convention, and sha

Organization accordingly.
sea.

ARTICLE VIII

In order to further the objectives of this Convention, the Contracting 

common interests to protect in the marine environment in a given geograph

endeavor, taking into account characteristic regional features, to enter 

agreements consistent with this Convention for the prevention of pollution

dumping. The Contracting Parties to the present Convention shall en

consistently with the objectives and provisions of such regional agreement

be notified to them by the Organization. Contracting Parties shall seek to co

the Parties to regional agreements in order to develop harmonized pro

followed by Contracting Parties to the different conventions concerned. Sp

shall be given to cooperation in the field of monitoring and scientific resear

ARTICLE IX

The Contracting Parties shall promote, through collaboration within the 

and other international bodies, support for those Parties which request it fo

(a) the training of scientific and technical personnel;

(b) the supply of necessary equipment and facilities for research and 

(c) the disposal and treatment of waste and other measures to preve

pollution caused by dumping; preferably within the countries concerned

the aims and purposes of this Convention.

ARTICLE X

In accordance with the principles of international law regarding State 

for damage to the environment of other States or to any other area of the 

caused by dumping of wastes and other mater of all kinds, the Contr

undertake to develop procedures for the assessment of liability and the 

disputes regarding dumping.

ARTICLE XI

The Contracting Parties shall at their first consultative meeting consid

for the settlement of disputes concerning the interpretation and appli

Convention.

ARTICLE XII

The Contracting Parties pledge themselves to promote, within t

specialised agencies and other international bodies, measures to prote

environment against pollution caused by:

(a) hydrocarbons, including oil, and their wastes;

(b) other noxious or hazardous matter transported by vessels for p

than dumping.;

(c) wastes generated in the course of operation of vessels, aircraft, 

other man-made structures at sea;

(d) radio-active pollutants from all sources, including vessels;

(e) agents of chemical and biological warfare;

(f) wastes or other matter directly arising from , or related to th

exploitation and associated off-shore processing of sea-bed mineral reso

The Parties will also promote, within the appropriate international org

codification of signals to be used by vessels engaged in dumping.
law of the sea by the United Nations Conference on the Law of the Sea conv

to Resolution 2750 C (XXV) of the General Assembly of the United N

present or future claims and legal views of any State concerning the law of t

nature and extent of coastal and flag State jurisdiction. The Contracting P

consult at a meeting to be convened by the Organization after the La

Conference, and in any case not later than 1976, with a view to defining t

extent of the right and the responsibility of a coastal State to apply the Co

zone adjacent to its coast.

ARTICLE XIV

1. The Government of the United Kingdom of Great Britain and Northe

depositary shall call a meeting of the Contracting Parties not later than thre

the entry into force of this Convention to decide on organizational matters.

2. The Contracting Parties shall designate a competent Organization e

time of that meeting to be responsible for Secretariat duties in relation to thi

Any Party to this Convention not being a member of this Organization 

appropriate contribution to the expenses incurred by the Organization in per

duties.

3. The Secretariat duties of the Organization shall include:

(a) the convening of consultative meetings of the Contracting P

frequently than once every two years and of special meetings of the Part

on the request of two-thirds of the Parties;

(b) preparing and assisting, in consultation with the Contractin

appropriate International Organizations, in the development and impl

procedures referred to in sub-paragraph (4)(e) of this Article;

(c) considering inquiries by, and information from the Contra

consulting with them and with the appropriate International Orga

providing recommendations to the Parties on questions related to, but n

covered by the Convention;

(d) conveying to the Parties concerned all notifications rece

Organization in accordance with Articles IV(3), V(1) and (2), VI(4), 

XXI.

Prior to the designation of the Organization these functions shall, as 

performed by the depositary, who for this purpose shall be the Government 

Kingdom of Great Britain and Northern Ireland.

4. Consultative or special meetings of the Contracting Parties sha

continuing review the implementation of this Convention and may, inter al

(a) review and adopt amendments to this Convention and its 

accordance with Article XV;

(b) invite the appropriate scientific body or bodies to collaborate with 

the Parties or the Organization on any scientific or technical aspect re

Convention, including particularly the content of this Annexes;

(c) receive and consider reports made pursuant to article VI(4);

(d) promote co-operation with and between regional organizations c

the prevention of marine pollution;

(e) develop or adopt, in consultation with appropriate International O

procedures referred to in Article V(2), including basic criteria fo

exceptional and emergency situations, and procedures for consultative 

safe disposal of matter in such circumstances, including the designation 

dumping areas, and recommend accordingly;

(f) consider any additional action that may be required.

5. The Contracting Parties at their first consultative meeting shall esta

procedure as necessary.
1. (a) At meetings of the Contracting Parties called in accordance wit

amendments to this Convention may be adopted by a two-thirds majority of 

An amendment shall enter into force for the Parties which have accepted it 

day after two-thirds of the Parties shall have deposited an instrument of acc

amendment with the Organization. Thereafter the amendment shall enter 

any other Party 30 days after that Party deposits its instrument of acce

amendment.

(b) The Organization shall inform all Contracting Parties of any req

a special meeting under Article XIV and of any amendments adopted 

the Parties and of the date on which each such amendment enters into 

Party.

2. Amendments to the Annexes will be based on scientific or technical c

Amendments to the Annexes approved by a two-thirds majority of thos

meeting called in accordance with Article XIV shall enter into force for eac

Party immediately on notification of its acceptance to the Organization ad 

approval by the meeting for all other Parties except for those which before 

100 days make a declaration that they are not able to accept the amendmen

Parties should endeavour to signify their acceptance of an amendment to the 

as soon as possible after approval at a meeting. A Party may at any time 

acceptance for a previous declaration of objection and the amendment previ

to shall thereupon enter into force for that Party.

3. An acceptance or declaration of objection under this Article shall b

deposit of an instrument with the Organization. The Organization sh

Contracting Parties of the receipt of such instruments.

4. Prior to the designation of the Organization, the Secretarial fun

attributed to it, shall be performed temporarily by the Government of the Un

of Great Britain and Northern Ireland, as one of the depositories of this Con

ARTICLE XVI

This Convention shall be open for signature by any State at London, M

Moscow and Washington from 29 December 1972 until 31 December 1973

ARTICLE XVII

This Convention shall be subject to ratification. The instruments of rat

be deposited with the Governments of Mexico, the Union of Soviet Socia

the United Kingdom of Great Britain and Northern Ireland, and the Un

America.

ARTICLE XVIII

After 31 December 1973, this Convention shall be open for accession 

The instruments of accession shall be deposited with the Governments o

Union of Soviet Socialist Republics, the United Kingdom of Great Britain 

Ireland, and the United States of America.

ARTICLE XIX

1. This Convention shall enter into force on the thirtieth day followin

deposit of the fifteenth instrument of ratification or accession.

2. For each Contracting Party ratifying or acceding to the Convention af

of the fifteenth instrument of ratification or accession, the Convention sh

force on the thirtieth day after deposit by such Party of its instrument of 

accession.
(a) of signatures to this Convention and of the deposit of instruments 

accession or withdrawal, in accordance with Articles XVI, XVII, XVIII 

(b) of the date on which this Convention will enter into force, in ac

Article XIX.

ARTICLE XXI

Any Contracting Party may withdraw from this Convention by givin

notice in writing to a depositary, which shall promptly inform all Parties of 

ARTICLE XXII

The original of this Convention of which the English, French, Russian 

texts are equally authentic, shall be deposited with the Governments of Mex

of Soviet Socialist Republics, the United Kingdom of Great Britain and No

and the United States of America who shall send certified copies thereof to 

In WITNESS WHEREOF the undersigned Plenipotentiaries, being du

thereto by their respective Governments have signed the present Conventio

DONE in quadruplicate at London, Mexico City, Moscow and Wa

twenty-ninth day of December, 1972.

ANNEX I

1. Organohalogen compounds.

2. Mercury and mercury compounds.

3. Cadmium and cadmium compounds.

4. Persistent plastics and other persistent synthetic materials, for examp

ropes, which may float or may remain in suspension in the sea in such a 

interfere materially with fishing, navigation or other legitimate uses of the 

5. Crude oil, fuel oil, heavy diesel oil, and lubricating oils, hydraulic f

mixtures containing any of these taken on board for the purpose of dumpin

6. High-level radioactive wastes or other high-level radio-active matt

public health, biological or other grounds, by the competent internationa

field, at present the International Atomic Energy Agency, as unsuitable f

sea.

7. Materials in whatever form (e.g. solids, liquids, semi liquids, gases 

sates) produced for biological and chemical warfare.

8. The preceding paragraphs of this Annex do not apply to substan

rapidly rendered harmless by physical, chemical or biological process

provided they do not:

(i) make edible marine organisms unpalatable, or

(ii) endanger human health or that of domestic animals.

The consultative procedures provided for under Article XIV should be 

Party if there is doubt about the harmlessness of the substance.

9. This Annex does not apply to wastes or other materials (e.g. sewag

dredged spoils) containing the matters referred to in paragraphs 1-5 a

contaminants. Such wastes shall be subject to the provisions of Annexes 

appropriate.
purposes of Article VI(1)(a).

A. Wastes containing significant amounts of the matters listed below:

arsenic

lead and their compounds

copper

zinc

organosilicon compounds

cyanides

fluorides

pesticides and their by-products not covered in Annex I.

B. In the issue of permits for the dumping of large quantities of acid

consideration shall be given to the possible presence in such wastes of 

listed in paragraph A and to the following additional substances:

beryllium

chromium and their compounds

nickel

vanadium

C. Containers, scrap metal and other bulky wastes liable to sink to the se

present a serious obstacle to fishing or navigation.

D. Radioactive wastes or other radioactive matter not included in Annex 

of permits for the dumping of this matter, the Contracting Parties sh

account of the recommendations of the competent international body i

present the International Atomic Energy Agency.

ANNEX III

Provisions be considered in establishing criteria governing the issue of p

dumping of matter at sea, taking into account Article IV (2), include:

A.–Characteristics and Composition of the Matter

1. Total amount of average composition of matter dumped (e.g. per yea

2. Form, e.g. solid, sludge, liquid, or gaseous.

3. Properties: physical (e.g. solubility and density), chemical and bio

oxygen demand, nutrients) and biological (e.g. presence of viruses, ba

parasites).

4. Toxicity.

5. Persistence: physical, chemical and biological.

6. Accumulation and biotransformation in biological materials or sedim

7. Susceptibility to physical, chemical and biochemical changes and int

aquatic environment with other dissolved organic and inorganic materials.

8. Probability of production of taints or other changes reducing ma

resources (fish, shellfish, etc.).

B.–Characteristics of Dumping Site and Method of Deposit

1. Location (e.g. co-ordinates of the dumping area, depth and distance fr

location in relation to the other areas (e.g., amenity areas, spawning, nurse

areas and exploitable resources).

2. Rate of disposal per specific period (e.g. quantity per day, per week, 

3. Methods of packaging and containment, if any.

4. Initial dilution achieved by proposed method of release.

5. Dispersal characteristics (e.g. effects of currents, tides and wind 

transport and vertical mixing).

6. Water characteristics (e.g. temperature, pH, salinity, stratification, o

of pollution–dissolved oxygen (DO), chemical oxygen demand (COD)
7. Bottom characteristics (e.g. topography, geochemical and geological 

and biological productivity).

8. Existence and effects of other dumpings which have been made in the 

(e.g. heavy metal background reading and organic carbon content).

9. In issuing a permit for dumping, Contracting Parties should consid

adequate scientific basis exists for assessing the consequences of such dump

in this Annex, taking into account seasonal variations.

C.–General Considerations and Conditions

1. Possible effects on amenities (e.g., presence of floating or stran

turbidity, objectionable odour, discolouration and foaming).

2. Possible effects on marine life, fish and shellfish culture, fish stocks 

seaweed harvesting and culture.

3. Possible effects on other uses of the sea (e.g. impairment of wat

industrial use, underwater corrosion of structures, interference with ship op

floating materials, interference with fishing or navigation through deposit of 

objects on the sea floor and protection of areas of special importance fo

conservation purposes).

4. The practical availability of alternative land-based methods of treatm

or elimination, or of treatment to render the matter less harmful for dumpin
Done at Washington, London, Mexico City, and Moscow

December 29, 1972; entered into force August 30, 1975.

26 USC 2403; TIAS 8165; 1046 UNTS 120.

Afghanistan Kiribati

Angola Korea

Antigua & Barbuda Libya

Argentina1 Luxembourg1

Australia1 Malta

Azerbaijan Mexico

Barbados Monaco1

Belarus Morocco

Belgium1 Nauru

Belize2 Netherlands

Benin New Zealand7

Bolivia Nigeria

Bosnia-Herzegovina Norway

Brazil Oman

Bulgaria Pakistan

Canada Panama

Cape Verde Papua New Guinea

Chile Peru

China3 Philippines

Congo, Democratic Republic of the Poland

Costa Rica Portugal

Cote d’Ivoire Russian Federation

Croatia Sierra Leone

Cuba St. Lucia

Cyprus St. Vincent and the Grenadines

Denmark4 Serbia

Dominican Republic Seychelles

Egypt Slovenia

Equatorial Guinea Solomon Islands

Finland South Africa

France1 5 Spain

Gabon Suriname

German Democratic Republic1, 6 Sweden

Germany, Federal Republic of. 1, 6 Switzerland

Greece5 Syria1

Guatemala Tanzania

Haiti Tonga

Honduras Tunisia

Hungary Tuvalu8

Iceland Ukraine

Iran Union of Soviet Socialist Republics

Ireland United Arab Emirates

Italy1 United Kingdom1 10

Jamaica United States

Japan Vanuatu

Jordan Yugoslavia11

Kenya
Amendment: November 12, 1993.

NOTES: 1 With statement. 2 Applies provisionally between the United States and Belize. On September 21, 19

became an independent state. In a letter dated September 29, 1982, to the Secretary General o

Nations, the Prime Minister and Minister of Foreign Affairs of Belize made a statement readin

follows:

I have the honour to inform you that the Government of Belize has decided to cont

provisionally and on the basis of reciprocity, all treaties to which the Government of the U

of Great Britain and Northern Ireland was a party, the application of which was extended 

or by necessary implication to the then dependent territory of Belize.

Such provisional application would subsist until Belize otherwise notifies Your Excellenc

(in the case of a multilateral treaty), or the state party (in the case of a bilateral treaty.)

On October 14, 2009, the U.S. Department of State sent a diplomatic note to the Governm

which included a “list of multilateral treaties that continued to apply provisionally and on 

reciprocity between the United States and Belize upon Belize’s independence and thereaf

“a list of bilateral treaties and other international agreements that are carried on the record

Department of State as being in force between the United States and Belize as of January 

3 Applicable to Hong Kong and Macao. With declarations. In connection with Hon

People’s Republic of China submitted to the Secretary General of the United Nations a note, d

1997, which reads in pertinent part as follows:

In accordance with the Joint Declaration of the Government of the United Kingdom of G

North Ireland and the Government of the People’s Republic of China on the Question of 

signed on 19 December 1984 (hereinafter referred to as the Joint Declaration), the People

China will resume the exercise of sovereignty over Hong Kong with effect from 1 July 19

will, with effect from that date, become a Special Administrative Region of the People’s 

China.

It is provided in Section I of Annex I to the Joint Declaration, “Elaboration by the Govern

People’s Republic of China of its Basic Policies Regarding Hong Kong”, and in Articles 

the Basic Law of the Hong Kong Special Administrative Region of the People’s Republic 

was adopted on 4 April 1990 by the National People’s Congress of the People’s Republic 

(hereinafter referred to as the Basic law), that the Hong Kong Special Administrative Reg

high degree of autonomy, except in foreign and defence affairs which are the responsibili

People’s Government of the People’s Republic of China. Furthermore, it is provided both 

Annex I to the Joint Declaration and Article 153 of the Basic Law that international agree

the People’s Republic of China is not a party but which are implemented in Hong Kong m

be implemented in the Hong Kong Special Administrative Region.

In this connection, on behalf of the Government of the People’s Republic of China, I wou

Your Excellency as follows:

I. The treaties listed in Annex I [not printed herein] to this Note, to which the Peop

China is a party, will be applied to the Hong Kong Special Administrative Region with e

1997 as they:

(i) are applied to Hong Kong before 1 July 1997; or

(ii) fall within the category of foreign affairs or defence or, owing to their nature a

must apply to the entire territory of a State; or

(iii) are not applied to Hong Kong before 1 July 1997 but with respect to which it h

to apply them to the Hong Kong Special Administrative Region with effect from that dat

asterisk in Annex I.)

II. The treaties listed in Annex II [not printed herein] to this Note, to which the P

of China is not yet a party and which apply to Hong Kong before 1 July 1997, will contin

Hong Kong Special Administrative Region with effect from 1 July 1997.
July 1997....

III. The Government of the People’s Republic of China has already carried out sep

formalities required for the application of the treaties listed in the aforesaid Annexes, incl

related amendments, protocols, reservations and declarations, to the Hong Kong Special A

Region with effect from 1 July 1997.

IV. With respect to any other treaty not listed in the Annexes to this Note, to which 

Republic of China is or will become a party, in the event that it is decided to apply such t

Kong Special Administrative Region, the Government of the People’s Republic of China 

separately the formalities for such application. For the avoidance of doubt, no separate fo

need to be carried out by the Government of the People’s Republic of China with respect 

fall within the category of foreign affairs or defence or which, owing to their nature and p

apply to the entire territory of a State.

In connection with Macao, the People’s Republic of China submitted to the Secretary Ge

United Nations a note, dated December 13, 1999, which reads in pertinent part as follows

In accordance with the Joint Declaration of the Government of the People’s Republic of C

Government of the Republic of Portugal on the Question of Macao signed on 13 April 19

referred to as the Joint Declaration), the Government of the People’s Republic of China w

exercise of sovereignty over Macao with effect from 20 December 1999. Macao will, fro

become a Special Administrative Region of the People’s Republic of China.

It is provided in Section I of Elaboration by the Government of the People’s Republic of 

Policies Regarding Macao, which is Annex I to the Joint Declaration, and in Article 12, 1

Basic Law of the Macao Special Administrative Region of the People’s Republic of Chin

referred to as the Basic Law),which was adopted by the National People’s Congress of th

Republic of China on 31 March 1993, that the Macao Special Administrative Region will 

degree of autonomy, except in foreign and defence affairs which are the responsibilities o

People’s Government of the People’s Republic of China. Furthermore, it is provided both 

of Annex I to the Joint Declaration and Article 138 of the Basic Law that international ag

which the People’s Republic of China is not yet a party but which are implemented in Ma

continue to be implemented in the Macao Special Administrative Region.

In this connection, on behalf of the Government of the People’s Republic of China, I hav

inform your Excellency that:

I. The Treaties listed in Annex I [not printed herein] to this Note, to which the Peo

China is a Party, will be applied to the Macao Special Administrative Region with effect 

December 1999 so long as they are one of the following categories:

(i) Treaties that apply to Macao before 20 December 1999;

(ii) Treaties that must apply to the entire territory of a state as they concern foreign 

defence or their nature or provisions so require.

II. The Treaties listed in Annex II [not printed herein] to this Note, to which the Pe

of China is not yet a Party and which apply to Macao before 20 December 1999, will con

the Macao Special Administrative Region with effect from 20 December 1999.

III. The Government of the People’s Republic of China has notified the treaty depo

concerned of the application of the treaties including their amendments and protocols as l

aforesaid Annexes as well as reservations and declarations made thereto by the Chinese G

the Macao Special Administrative Region with effect from 20 December 1999.

IV. With respect to other treaties that are not listed in the Annexes to this Note, to 

People’s Republic of China is or will become a Party, the Government of the People’s Re

will go through separately the necessary formalities for their application to the Macao Sp

Administrative Region if it is so decided.

Listings and annotations in “Section 2: Multilateral Treaties and Other Agreements”, to t

Hong Kong and Macao are parties to treaties or other agreements, are based on the above 

and notifications from depositaries. . 4 Extended to Faroe Islands. 5 With reservation.
The Embassy of the Federal Republic of Germany presents its compliments to the Depart

and has the honor to inform the Department that, with regard to the continued application 

Federal Republic of Germany and the treatment of treaties of the German Democratic Re

its accession to the Federal Republic of Germany with effect from 3 October 1990, the Tr

August 1990 between the Federal Republic of Germany and the German Democratic Rep

Establishment of German Unity (Unification Treaty) contains the following relevant prov

1. Article 11 Treaties of the Federal Republic of Germany

The Contracting Parties proceed on the understanding that international treaties and agree

the Federal Republic of Germany is a Contracting Party, including treaties establishing it

international organizations or institutions, shall retain their validity and that the rights and 

arising therefrom, with the exception of the treaties named in Article I (not included here

relate to the territory specified in Article 3. Where adjustments become necessary in indiv

all-German Government shall consult with the respective Contracting Parties.

2. Article 12 Treaties of the German Democratic Republic

(1) The Contracting Parties are agreed that, in connection with the establishment of Germ

international treaties of the German Democratic Republic shall be discussed with the Con

concerned with a view to regulating or confirming their continued application, adjustmen

taking into account protection of confidence, the interests of the states concerned, the trea

the Federal Republic of Germany as well as the principles of a free, democratic basic ord

the rule of law, and respecting the competence of the European Communities.

(2) The United Germany shall determine its position with regard to the adoption of intern

the German Democratic Republic following consultations with the respective Contracting 

the European Communities where the latter’s competence is affected.

The Federal Republic of Germany will proceed in accordance with these provisions.”

7 Not applicable to Cook Islands, Niue, and Tokalau Islands. 8 Concerning acceptance of treaty obligations: On October 1, 1978, Tuvalu became 

state. In a note dated December 19, 1978, to the Secretary-General of the United Nations, the 

of Tuvalu made a statement reading in part as follows:

2 The Government of Tuvalu, conscious of the desirability of maintaining existing intern

relationships, and conscious of its obligations under international law to honour its treaty 

acknowledges that many treaty rights and obligations of the Government of the United K

respect of the Gilbert and Ellice Islands Protectorate, the Gilbert and Ellice Islands Colon

were succeeded to by Tuvalu upon Independence by virtue of customary international law

however, it is likely that by virtue of that law certain of such treaties may be said to have 

of Tuvalu’s Independence, it seems essential that each treaty purporting or deemed to bin

that date should be subjected to legal examination. The Government of Tuvalu proposes a

examination has been completed to indicate which, if any, of the treaties which may be sa

by virtue of customary international law it proposes to treat as having lapsed.

3 The Government of Tuvalu desires that it should be presumed that each treaty purportin

bind Tuvalu before Independence has been legally succeeded to by Tuvalu and that action 

on such presumption unless and until the Government of Tuvalu decides that any particul

be treated as having lapsed. Should the Government of Tuvalu be of opinion that it has le

to any treaty, and wish to terminate the operation of such treaty, it will in due course give 

termination in the terms thereof.

4 For the avoidance of doubt, the Government of Tuvalu further declares that it does not 

bound by the terms of any convention creating an international organisation to the extent 

convention requires the payment of any sum by any State, by virtue only of the accession 

Government of the United Kingdom to such convention.”

9 The Union of Soviet Socialist Republics dissolved December 25, 1991. As stated i

Declaration of December 21, 1991, “... The States participating in the Commonwealth guaran

accordance with their constitutional procedures the discharge of the international obligations d

treaties and agreements concluded by the former Union of Soviet Socialist Republics....”
agreements signed by the Union of the Soviet Socialist Republics....

Section 2 of Treaties in Force covers multilateral treaties and agreements. Where a multilatera

was taken prior to dissolution, “Union of Soviet Socialist Republics” is retained; where a succ

taken action it is listed separately.

The United States is reviewing the continued applicability of the agreements listed below. Bil

subsequent to December 31, 1991, are listed under individual country headings.. 10 Extended to Bailiwick of Guernsey, Bermuda, British Indian Ocean Territory, Brit

Islands, Cayman Islands, Ducie and Oeno Islands, Falkland Islands and dependencies, Hende

Bailiwick of Jersey, Montserrat, Pitcairn, St. Helena and dependencies, Turks and Caicos Isla

Kingdom Sovereign Base Areas of Akrotiri and Dhekelia on the Island of Cyprus. 

 11 Yugoslavia has dissolved. For agreements prior to dissolution, see below. Subsequ

are listed under individual country headings.
International Atomic Energy Agency GENERAL Distr.

INFORMATION CIRCULAR Original: ARABIC, CHINE

(Unofficial electronic edition) ENGLISH, FRENCH

and

SPANISH

V. JOINT CONVENTION ON THE SAFETY OF SPENT FUEL MAN

AND ON THE SAFETY OF RADIOACTIVE WASTE MANAGE

1. The Joint Convention on the Safety of Spent Fuel Management and 

of Radioactive Waste Management was adopted on 5 September 1997 by 

Conference convened by the International Atomic Energy Agency at its head

1 to 5 September 1997. The Joint Convention was opened for signature at 

September 1997 during the forty-first session of the General Confe

International Atomic Energy Agency and will remain open for signature 

into force.

2. Pursuant to article 40, the Joint Convention will enter into force on the 

after the date of deposit with the Depositary of the twenty-fifth instrument 

acceptance or approval, including the instruments of fifteen States ea

operational nuclear power plant.

3. The text of the Convention, as adopted, is attached hereto for the i

Member States.

Preamble

The Contracting Parties

(i) Recognizing that the operation of nuclear reactors generates sp

radioactive waste and that other applications of nuclear technologies 

radioactive waste;

(ii) Recognizing that the same safety objectives apply both to sp

radioactive waste management;

(iii) Reaffirming the importance to the international community of ensur

practices are planned and implemented for the safety of spent fuel and rad

management;

(iv) Recognizing the importance of informing the public on issues regard

of spent fuel and radioactive waste management;

(v) Desiring to promote an effective nuclear safety culture worldwide;

(vi) Reaffirming that the ultimate responsibility for ensuring the safety 

and radioactive waste management rests with the State;

(vii) Recognizing that the definition of a fuel cycle policy rests with th

States considering spent fuel as a valuable resource that may be repro

electing to dispose of it;

(viii) Recognizing that spent fuel and radioactive waste excluded fro

Convention because they are within military or defence programmes shoul

in accordance with the objectives stated in this Convention;

(ix) Affirming the importance of international co-operation in enhancin

spent fuel and radioactive waste management through bilateral and 

mechanisms, and through this incentive Convention;

(x) Mindful of the needs of developing countries, and in particular the le

countries, and of States with economies in transition and of the need to fac
(xi) Convinced that radioactive waste should, as far as is compatible wit

the management of such material, be disposed of in the State in which it w

whilst recognizing that, in certain circumstances, safe and efficient manage

fuel and radioactive waste might be fostered through agreements amon

Parties to use facilities in one of them for the benefit of the other Partie

where waste

originates from joint projects;

(xii) Recognizing that any State has the right to ban import into its territ

spent fuel and radioactive waste;

(xiii) Keeping in mind the Convention on Nuclear Safety (1994), the C

Early Notification of a Nuclear Accident (1986), the Convention on Assistan

of a Nuclear Accident or Radiological Emergency (1986), the Convention o

Protection of Nuclear Material (1980), the Convention on the Preventi

Pollution by Dumping of Wastes and Other Matter as amended (1994) and 

international instruments;

(xiv) Keeping in mind the principles contained in the interagency “Inter

Safety Standards for Protection against Ionizing Radiation and for the Safet

Sources” (1996), in the IAEA Safety Fundamentals entitled “The 

Radioactive Waste Management” (1995), and in the existing internatio

relating to the safety of the transport of radioactive materials;

(xv) Recalling Chapter 22 of Agenda 21 by the United Nations C

Environment and Development in Rio de Janeiro adopted in 1992, which 

paramount importance of the safe and environmentally sound management 

waste;

(xvi) Recognizing the desirability of strengthening the international c

applying specifically to radioactive materials as referred to in Article 1(3

Convention on the Control of Transboundary Movements of Hazardous Wa

Disposal (1989); 

Have agreed as follows:

Chapter 1. Objectives Definitions And Scope Of Applicatio

Article 1–Objectives

The objectives of this Convention are:

(i) to achieve and maintain a high level of safety worldwide in s

radioactive waste management, through the enhancement of national 

international co-operation, including where appropriate, safety-related 

operation;

(ii) to ensure that during all stages of spent fuel and radioactive waste 

there are effective defenses against potential hazards so that individuals, s

environment are protected from harmful effects of ionizing radiation, no

future, in such a way that the needs and aspirations of the present gener

without compromising the ability of future generations to meet their needs an

(iii) to prevent accidents with radiological consequences and to 

consequences should they occur during any stage of spent fuel or radi

management.

Article 2–Definitions

For the purposes of this Convention:

(a) “closure” means the completion of all operations at some t

emplacement of spent fuel or radioactive waste in a disposal facility. Thi

final engineering or other work required to bring the facility to a conditio

safe in the long term;
of

decontamination and dismantling;

(c) “discharges” means planned and controlled releases into the envi

legitimate practice, within limits authorized by the regulatory body, of liqu

radioactive materials that originate from regulated nuclear facilities d

operation;

(d) “disposal” means the emplacement of spent fuel or radioactive 

appropriate facility without the intention of retrieval;

(e) “licence” means any authorization, permission or certification 

regulatory body to carry out any activity related to management of sp

radioactive waste;

(f) “nuclear facility” means a civilian facility and its associated land, 

equipment in which radioactive materials are produced, processed, used, h

or disposed of on such a scale that consideration of safety is required;

(g) “operating lifetime” means the period during which a spent fuel or 

waste management facility is used for its intended purpose. In the case 

facility, the period begins when spent fuel or radioactive waste is first em

facility and ends upon closure of the facility;

(h) “radioactive waste” means radioactive material in gaseous, liquid 

for which no further use is foreseen by the Contracting Party or by a natural o

whose decision is accepted by the Contracting Party, and which is 

radioactive waste by a regulatory body under the legislative and regulatory 

the Contracting Party;

(i) “radioactive waste management” means all activities, including dec

activities, that relate to the handling, pretreatment, treatment, conditionin

disposal of radioactive waste, excluding off-site transportation. It may 

discharges;

(j) “radioactive waste management facility” means any facility or in

primary purpose of which is radioactive waste management, including a n

in the process of being decommissioned only if it is designated by the Con

as a radioactive waste management facility;

(k) “regulatory body” means any body or bodies given the legal au

Contracting Party to regulate any aspect of the safety of spent fuel or rad

management including the granting of licences;

(l) “reprocessing” means a process or operation, the purpose of whic

radioactive isotopes from spent fuel for further use;

(m) “sealed source” means radioactive material that is permanently seal

or closely bonded and in a solid form, excluding reactor fuel elements;

(n) “spent fuel” means nuclear fuel that has been irradiated in and 

removed from a reactor core;

(o) “spent fuel management” means all activities that relate to the hand

of spent fuel, excluding off-site transportation. It may also involve discharg

(p) “spent fuel management facility” means any facility or installatio

purpose of which is spent fuel management;

(q) “State of destination” means a State to which a transboundary 

planned or takes place;

®) “State of origin” means a State from which a transboundary movem

to be initiated or is initiated;

(s) “State of transit” means any State, other than a State of origin 

destination, through whose territory a transboundary movement is planned 

(t) “storage” means the holding of spent fuel or of radioactive waste in 

provides for its containment, with the intention of retrieval;
Article 3–Scope of Application

1. This Convention shall apply to the safety of spent fuel management w

fuel results from the operation of civilian nuclear reactors. Spent fuel held a

facilities as part of a reprocessing activity is not covered in the scope of th

unless the Contracting Party declares reprocessing to be part of spent fuel m

2. This Convention shall also apply to the safety of radioactive waste 

when the radioactive waste results from civilian applications. However, th

shall not apply to waste that contains only naturally occurring radioactive 

that does not originate from the nuclear fuel cycle, unless it constitutes a d

source or it is declared as radioactive waste for the purposes of this Conv

Contracting Party.

3. This Convention shall not apply to the safety of management of 

radioactive waste within military or defence programmes, unless declared a

radioactive waste for the purposes of this Convention by the Contracting Pa

this Convention shall apply to the safety of management of spent fuel an

waste from military or defence programmes if and when such materials a

permanently to and managed within exclusively civilian programmes.

4. This Convention shall also apply to discharges as provided for in Ar

14, 24 and 26.

Chapter 2. Safety of Spent Fuel Management

Article 4–General Safety Requirements

Each Contracting Party shall take the appropriate steps to ensure that a

spent fuel management, individuals, society and the environment are adequa

against radiological hazards.

In so doing, each Contracting Party shall take the appropriate steps to:

(i) ensure that criticality and removal of residual heat generated dur

management are adequately addressed;

(ii) ensure that the generation of radioactive waste associated wi

management is kept to the minimum practicable, consistent with the type 

policy adopted;

(iii) take into account interdependencies among the different steps 

management;

(iv) provide for effective protection of individuals, society and the en

applying at the national level suitable protective methods as approved by 

body, in the framework of its national legislation which has due regard to i

endorsed criteria and standards;

(v) take into account the biological, chemical and other hazards that may 

with spent fuel management;

(vi) strive to avoid actions that impose reasonably predictable impa

generations greater than those permitted for the current generation;

(vii) aim to avoid imposing undue burdens on future generations.

Article 5–Existing Facilities

Each Contracting Party shall take the appropriate steps to review the safet

fuel management facility existing at the time the Convention enters into 

Contracting Party and to ensure that, if necessary, all reasonabl

improvements are made to upgrade the safety of such a facility.

Article 6–Siting of Proposed Facilities

1. Each Contracting Party shall take the appropriate steps to ensure that p

established and implemented for a proposed spent fuel management facility
(ii) to evaluate the likely safety impact of such a facility on individua

the environment;

(iii) to make information on the safety of such a facility available t

the public;

(iv) to consult Contracting Parties in the vicinity of such a facility, i

are likely to be affected by that facility, and provide them, upon their 

general data relating to the facility to enable them to evaluate the likely 

of the facility upon their territory.

2. In so doing, each Contracting Party shall take the appropriate steps 

such facilities shall not have unacceptable effects on other Contracting Pa

sited in accordance with the general safety requirements of Article 4.

Article 7–Design and Construction of Facilities

Each Contracting Party shall take the appropriate steps to ensure that:

(i) the design and construction of a spent fuel management facility provi

measures to limit possible radiological impacts on individuals, soc

environment, including those from discharges or uncontrolled releases;

(ii) at the design stage, conceptual plans and, as necessary, technical pro

decommissioning of a spent fuel management facility are taken into accoun

(iii) the technologies incorporated in the design and construction of 

management facility are supported by experience, testing or analysis.

Article 8–Assessment of Safety of Facilities

Each Contracting Party shall take the appropriate steps to ensure that:

(i) before construction of a spent fuel management facility, a syst

assessment and an environmental assessment appropriate to the hazard pre

facility and covering its operating lifetime shall be carried out;

(ii) before the operation of a spent fuel management facility, updated 

versions of the safety assessment and of the environmental assessment sha

when deemed necessary to complement the assessments referred to in para

Article 9–Operation of Facilities

Each Contracting Party shall take the appropriate steps to ensure that:

(i) the licence to operate a spent fuel management facility is based upo

assessments as specified in Article 8 and is conditional on the com

commissioning programme demonstrating that the facility, as constructed

with design and safety requirements;

(ii) operational limits and conditions derived from tests, operational e

the assessments, as specified in Article 8, are defined and revised as necess

(iii) operation, maintenance, monitoring, inspection and testing of 

management facility are conducted in accordance with established procedu

(iv) engineering and technical support in all safety-related fields 

throughout the operating lifetime of a spent fuel management facility;

(v) incidents significant to safety are reported in a timely manner by the 

licence to the regulatory body;

(vi) programmes to collect and analyse relevant operating experience a

and that the results are acted upon, where appropriate;

(vii) decommissioning plans for a spent fuel management facility are 

updated, as necessary, using information obtained during the operating li

facility, and are reviewed by the regulatory body.
designated spent fuel for disposal, the disposal of such spent fuel shall be 

with the obligations of Chapter 3 relating to the disposal of radioactive was

Chapter 3. Safety of Radioactive Waste Management

Article 11–General Safety Requirements

Each Contracting Party shall take the appropriate steps to ensure that a

radioactive waste management individuals, society and the environment a

protected against radiological and other hazards.

In so doing, each Contracting Party shall take the appropriate steps to:

(i) ensure that criticality and removal of residual heat generated durin

waste

management are adequately addressed;

(ii) ensure that the generation of radioactive waste is kept to the minimu

(iii) take into account interdependencies among the different steps in rad

management;

(iv) provide for effective protection of individuals, society and the en

applying at the national level suitable protective methods as approved by 

body, in the framework of its national legislation which has due regard to i

endorsed criteria and standards;

(v) take into account the biological, chemical and other hazards that may 

with radioactive waste management;

(vi) strive to avoid actions that impose reasonably predictable impa

generations greater than those permitted for the current generation;

(vii) aim to avoid imposing undue burdens on future generations.

Article 12–Existing Facilities and Past Practices

Each Contracting Party shall in due course take the appropriate steps to rev

(i) the safety of any radioactive waste management facility existing a

Convention enters into force for that Contracting Party and to ensure that, if 

reasonably practicable improvements are made to upgrade the safety of suc

(ii) the results of past practices in order to determine whether any i

needed for reasons of radiation protection bearing in mind that the reductio

resulting from the reduction in dose should be sufficient to justify the harm 

including the social costs, of the intervention.

Article 13–Siting of Proposed Facilities

1. Each Contracting Party shall take the appropriate steps to ensure that p

established and implemented for a proposed radioactive waste managemen

(i) to evaluate all relevant site-related factors likely to affect the sa

facility during its operating lifetime as well as that of a disposal facility 

(ii) to evaluate the likely safety impact of such a facility on individua

the environment, taking into account possible evolution of the site 

disposal facilities after closure;

(iii) to make information on the safety of such a facility available t

the public;

(iv) to consult Contracting Parties in the vicinity of such a facility, i

are likely to be affected by that facility, and provide them, upon their 

general data relating to the facility to enable them to evaluate the likely 

of the facility upon their territory.

2. In so doing, each Contracting Party shall take the appropriate steps 

such facilities shall not have unacceptable effects on other Contracting Pa

sited in accordance with the general safety requirements of Article 11.
(i) the design and construction of a radioactive waste management facil

suitable measures to limit possible radiological impacts on individuals, so

environment, including those from discharges or uncontrolled releases;

(ii) at the design stage, conceptual plans and, as necessary, technical pro

decommissioning of a radioactive waste management facility other than a di

are taken into account;

(iii) at the design stage, technical provisions for the closure of a dispo

prepared;

(iv) the technologies incorporated in the design and construction of a rad

management facility are supported by experience, testing or analysis.

Article 15–Assessment of Safety of Facilities

Each Contracting Party shall take the appropriate steps to ensure that:

(i) before construction of a radioactive waste management facility, a sys

assessment and an environmental assessment appropriate to the hazard pre

facility and covering its operating lifetime shall be carried out;

(ii) in addition, before construction of a disposal facility, a syst

assessment and an environmental assessment for the period following cl

carried out and the results evaluated against the criteria established by the reg

(iii) before the operation of a radioactive waste management facility

detailed versions of the safety assessment and of the environmental assess

prepared when deemed necessary to complement the assessments referred t

(i).

Article 16–Operation of Facilities

Each Contracting Party shall take the appropriate steps to ensure that:

(i) the licence to operate a radioactive waste management facility i

appropriate assessments as specified in Article 15 and is conditional on the 

a commissioning programme demonstrating that the facility, as constructed

with design and safety requirements;

(ii) operational limits and conditions, derived from tests, operational e

the assessments as specified in Article 15 are defined and revised as necess

(iii) operation, maintenance, monitoring, inspection and testing of a rad

management facility are conducted in accordance with established proc

disposal facility the results thus obtained shall be used to verify and to revie

of assumptions made and to update the assessments as specified in Article 15 

after closure;

(iv) engineering and technical support in all safety-related fields 

throughout the operating lifetime of a radioactive waste management facili

(v) procedures for characterization and segregation of radioactive waste 

(vi) incidents significant to safety are reported in a timely manner by th

licence to the regulatory body;

(vii) programmes to collect and analyse relevant operating experience a

and that the results are acted upon, where appropriate;

(viii) decommissioning plans for a radioactive waste management facili

disposal facility are prepared and updated, as necessary, using informa

during the operating lifetime of that facility, and are reviewed by the regula

(ix) plans for the closure of a disposal facility are prepared and updated

using information obtained during the operating lifetime of that facility and 

by the regulatory body.
disposal facility:

(i) records of the location, design and inventory of that facility re

regulatory body are preserved;

(ii) active or passive institutional controls such as monitoring or access r

carried out, if required; and

(iii) if, during any period of active institutional control, an unplann

radioactive materials into the environment is detected, intervention 

implemented, if necessary.

Chapter 4. General Safety Provisions

Article 18–Implementing Measures

Each Contracting Party shall take, within the framework of its national law, t

regulatory and administrative measures and other steps necessary for imp

obligations under this Convention.

Article 19–Legislative and Regulatory Framework

1. Each Contracting Party shall establish and maintain a legislative a

framework to govern the safety of spent fuel and radioactive waste manage

2. This legislative and regulatory framework shall provide for:

(i) the establishment of applicable national safety requirements and r

radiation safety;

(ii) a system of licensing of spent fuel and radioactive waste 

activities;

(iii) a system of prohibition of the operation of a spent fuel or rad

management facility without a licence;

(iv) a system of appropriate institutional control, regulatory in

documentation and reporting;

(v) the enforcement of applicable regulations and of the terms of the 

(vi) a clear allocation of responsibilities of the bodies involved in the 

of spent fuel and of radioactive waste management.

3. When considering whether to regulate radioactive materials as radi

Contracting Parties shall take due account of the objectives of this Convent

Article 20–Regulatory Body

1. Each Contracting Party shall establish or designate a regulatory body 

the implementation of the legislative and regulatory framework referred to 

and provided with adequate authority, competence and financial and huma

fulfill its assigned responsibilities.

2. Each Contracting Party, in accordance with its legislative and regulato

shall take the appropriate steps to ensure the effective independence of 

functions from other functions where organizations are involved in both 

radioactive waste management and in their regulation.

Article 21–Responsibility of the License Holder

1. Each Contracting Party shall ensure that prime responsibility for the 

fuel or radioactive waste management rests with the holder of the releva

shall take the appropriate steps to ensure that each such licence hol

responsibility.

2. If there is no such licence holder or other responsible party, the respo

with the Contracting Party which has jurisdiction over the spent fue

radioactive waste.
(i) qualified staff are available as needed for safety-related activiti

operating lifetime of a spent fuel and a radioactive waste management facil

(ii) adequate financial resources are available to support the safety o

spent fuel and radioactive waste management during their operating lif

decommissioning;

(iii) financial provision is made which will enable the appropriate institu

and monitoring arrangements to be continued for the period deemed necess

the closure of a disposal facility.

Article 23–Quality Assurance

Each Contracting Party shall take the necessary steps to ensure that appro

assurance programmes concerning the safety of spent fuel and radi

management are established and implemented.

Article 24–Operational Radiation Protection

1. Each Contracting Party shall take the appropriate steps to ensure t

operating lifetime of a spent fuel or radioactive waste management facility

(i) the radiation exposure of the workers and the public caused by th

be kept as low as reasonably achievable, economic and social factors be

account;

(ii) no individual shall be exposed, in normal situations, to radiatio

exceed national prescriptions for dose limitation which have d

internationally endorsed standards on radiation protection; and

(iii) measures are taken to prevent unplanned and uncontrolle

radioactive materials into the environment.

2. Each Contracting Party shall take appropriate steps to ensure that di

be limited:

(i) to keep exposure to radiation as low as reasonably achievable, 

social factors being taken into account; and

(ii) so that no individual shall be exposed, in normal situations, to r

which exceed national prescriptions for dose limitation which have 

internationally endorsed standards on radiation protection.

3. Each Contracting Party shall take appropriate steps to ensure th

operating lifetime of a regulated nuclear facility, in the event that an 

uncontrolled release of radioactive materials into the environment occur

corrective measures are implemented to control the release and mitigate its 

Article 25–Emergency Preparedness

1. Each Contracting Party shall ensure that before and during operation 

or radioactive waste management facility there are appropriate on-site and

off-site emergency plans. Such emergency plans should be tested at a

frequency.

2. Each Contracting Party shall take the appropriate steps for the pr

testing of emergency plans for its territory insofar as it is likely to be affecte

of a radiological emergency at a spent fuel or radioactive waste managem

the vicinity of its territory.

Article 26–Decommissioning

Each Contracting Party shall take the appropriate steps to ensure 

decommissioning of a nuclear facility. Such steps shall ensure that:

(i) qualified staff and adequate financial resources are available;

(ii) the provisions of Article 24 with respect to operational radiati

discharges and unplanned and uncontrolled releases are applied;
(iv) records of information important to decommissioning are kept.

Chapter 5. Miscellaneous Provisions

Article 27–Transboundary Movement

1. Each Contracting Party involved in transboundary movement s

appropriate steps to ensure that such movement is undertaken in a manner c

the provisions of this Convention and relevant binding international instrum

In so doing:

(i) a Contracting Party which is a State of origin shall take the appro

ensure that transboundary movement is authorized and takes place only 

notification and consent of the State of destination;

(ii) transboundary movement through States of transit shall be su

international obligations which are relevant to the particular mode

utilized;

(iii) a Contracting Party which is a State of destination shall 

transboundary movement only if it has the administrative and technic

well as the regulatory structure, needed to manage the spent fuel or t

waste in a manner consistent with this Convention;

(iv) a Contracting Party which is a State of origin shall authorize a 

movement only if it can satisfy itself in accordance with the consent o

destination that the requirements of subparagraph (iii) are met prior to 

movement;

(v) a Contracting Party which is a State of origin shall take the appro

permit re-entry into its territory, if a transboundary movement is not 

completed in conformity with this Article, unless an alternative safe arr

be made.

2. A Contracting Party shall not licence the shipment of its spent fuel 

waste to a destination south of latitude 60 degrees South for storage or disp

3. Nothing in this Convention prejudices or affects:

(i) the exercise, by ships and aircraft of all States, of maritime, 

navigation rights and freedoms, as provided for in international law;

(ii) rights of a Contracting Party to which radioactive waste is 

processing to return, or provide for the return of, the radioactive wa

products after treatment to the State of origin;

(iii) the right of a Contracting Party to export its spent fuel for repro

(iv) rights of a Contracting Party to which spent fuel is exported fo

to return, or provide for the return of, radioactive waste and other prod

from reprocessing operations to the State of origin.

Article 28–Disused Sealed Sources

1. Each Contracting Party shall, in the framework of its national 

appropriate steps to ensure that the possession, remanufacturing or dispo

sealed sources takes place in a safe manner.

2. A Contracting Party shall allow for reentry into its territory of disused 

if, in the framework of its national law, it has accepted that they be 

manufacturer qualified to receive and possess the disused sealed sources.

Chapter 6. Meetings of The Contracting Parties

Article 29–Preparatory Meeting

1. A preparatory meeting of the Contracting Parties shall be held not 

months after the date of entry into force of this Convention.

2. At this meeting, the Contracting Parties shall:
the date of entry into force of this Convention;

(ii) prepare and adopt by consensus Rules of Procedure and Financi

(iii) establish in particular and in accordance with the Rules of Proc

(a) guidelines regarding the form and structure of the national 

submitted pursuant to Article 32;

(b) a date for the submission of such reports;

(c) the process for reviewing such reports.

3. Any State or regional organization of an integration or other nature 

accepts, approves, accedes to or confirms this Convention and for which th

is not yet in force, may attend the preparatory meeting as if it were a 

Convention.

Article 30–Review Meetings

1. The Contracting Parties shall hold meetings for the purpose of review

submitted pursuant to Article 32.

2. At each review meeting the Contracting Parties:

(i) shall determine the date for the next such meeting, the interval be

meetings not exceeding three years;

(ii) may review the arrangements established pursuant to paragrap

29, and adopt revisions by consensus unless otherwise provided for in 

Procedure. They may also amend the Rules of Procedure and Finan

consensus.

3. At each review meeting each Contracting Party shall have a reasonab

to discuss the reports submitted by other Contracting Parties and to seek c

such reports.

Article 31–Extraordinary Meetings

An extraordinary meeting of the Contracting Parties shall be held:

(i) if so agreed by a majority of the Contracting Parties present and votin

or

(ii) at the written request of a Contracting Party, within six months o

having been communicated to the Contracting Parties and notification 

received by the secretariat referred to in Article 37 that the request has been 

a majority of the Contracting Parties.

Article 32–Reporting

1. In accordance with the provisions of Article 30, each Contracting Part

a national report to each review meeting of Contracting Parties. This repor

the measures taken to implement each of the obligations of the Convent

Contracting Party the report shall also address its:

(i) spent fuel management policy;

(ii) spent fuel management practices;

(iii) radioactive waste management policy;

(iv) radioactive waste management practices;

(v) criteria used to define and categorize radioactive waste.

2. This report shall also include:

(i) a list of the spent fuel management facilities subject to this Con

location, main purpose and essential features;

(ii) an inventory of spent fuel that is subject to this Convention and 

held in storage and of that which has been disposed of. This inventory 

description of the material and, if available, give information on its ma

activity;
(iv) an inventory of radioactive waste that is subject to this Convent

(a) is being held in storage at radioactive waste management an

cycle facilities;

(b) has been disposed of; or

(c) has resulted from past practices.

This inventory shall contain a description of the material and othe

information available, such as volume or mass, activity and specific rad

(v) a list of nuclear facilities in the process of being decommissioned 

of decommissioning activities at those facilities.

Article 33–Attendance

1. Each Contracting Party shall attend meetings of the Contracting P

represented at such meetings by one delegate, and by such alternates, expert

as it deems necessary.

2. The Contracting Parties may invite, by consensus, any inter

organization which is competent in respect of matters governed by this C

attend, as an observer, any meeting, or specific sessions thereof. Obse

required to accept in writing, and in advance, the provisions of Article 36.

Article 34–Summary Reports

The Contracting Parties shall adopt, by consensus, and make available t

document addressing issues discussed and conclusions reached during m

Contracting Parties.

Article 35–Languages

1. The languages of meetings of the Contracting Parties shall be Ar

English, French, Russian and Spanish unless otherwise provided in 

Procedure.

2. Reports submitted pursuant to Article 32 shall be prepared in the nati

of the submitting Contracting Party or in a single designated language to be 

Rules of Procedure. Should the report be submitted in a national language 

designated language, a translation of the report into the designated lang

provided by the Contracting Party.

3. Notwithstanding the provisions of paragraph 2, the secretariat, if com

assume the translation of reports submitted in any other language of the m

designated language.

Article 36–Confidentiality

1. The provisions of this Convention shall not affect the rights and obl

Contracting Parties under their laws to protect information from disclo

purposes of this article, “information” includes, inter alia, information relat

security or to the physical protection of nuclear materials, information 

intellectual property rights or by industrial or commercial confidentiality

data.

2. When, in the context of this Convention, a Contracting Party provide

identified by it as protected as described in paragraph 1, such information 

only for the purposes for which it has been provided and its confident

respected.

3. With respect to information relating to spent fuel or radioactive waste 

the scope of this Convention by virtue of paragraph 3 of Article 3, the pro

Convention shall not affect the exclusive discretion of the Contracting Party 

decide:
(ii) whether to provide information referred to in sub-paragraph (i

context of the Convention; and

(iii) what conditions of confidentiality are attached to such inform

provided in the context of this Convention.

4. The content of the debates during the reviewing of the national r

review meeting held pursuant to Article 30 shall be confidential.

Article 37–Secretariat

1. The International Atomic Energy Agency, (hereinafter referred to as 

shall provide the secretariat for the meetings of the Contracting Parties.

2. The secretariat shall:

(i) convene, prepare and service the meetings of the Contracting Part

in Articles 29, 30 and 31;

(ii) transmit to the Contracting Parties information received o

accordance with the provisions of this Convention.

The costs incurred by the Agency in carrying out the functions referr

paragraphs

(i) and (ii) above shall be borne by the Agency as part of its regular budget

3. The Contracting Parties may, by consensus, request the Agency to 

services in support of meetings of the Contracting Parties. The Agency may 

services if they can be undertaken within its programme and regular budge

not be possible, the Agency may provide such services if voluntary fundin

from another source.

Chapter 7. Final Clauses and Other Provisions

Article 38–Resolution of Disagreements

In the event of a disagreement between two or more Contracting Parties c

interpretation or application of this Convention, the Contracting Parties 

within the framework of a meeting of the Contracting Parties with a view to 

disagreement. In the event that the consultations prove unproductive, re

made to the mediation, conciliation and arbitration mechanisms pro

international law, including the rules and practices prevailing within the IA

Article 39–Signature, Ratification, Acceptance, Approval, Acce

1. This Convention shall be open for signature by all States at the Head

Agency in Vienna from 29 September 1997 until its entry into force.

2. This Convention is subject to ratification, acceptance or approval by 

States.

3. After its entry into force, this Convention shall be open for accession 

4. (i) This Convention shall be open for signature subject to con

accession by regional organizations of an integration or other nature, prov

such organization is constituted by sovereign States and has competence in 

negotiation, conclusion and application of international agreements in matte

this Convention. 

 (ii) In matters within their competence, such organizations shall, on the

exercise the rights and fulfil the responsibilities which this Convention attri

Parties.

 (iii) When becoming party to this Convention, such an organ

communicate to the Depositary referred to in Article 43, a declaration ind

States are members thereof, which Articles of this Convention apply to it, 

of its competence in the field covered by those articles.

 (iv) Such an organization shall not hold any vote additional to those 

States.
Article 40–Entry Into Force

1. This Convention shall enter into force on the ninetieth day after the d

with the Depositary of the twenty-fifth instrument of ratification, acceptanc

including the instruments of fifteen States each having an operational nuclea

2. For each State or regional organization of an integration or other 

ratifies, accepts, approves, accedes to or confirms this Convention after the d

of the last instrument required to satisfy the conditions set forth in par

Convention shall enter into force on the ninetieth day after the date of de

Depositary of the appropriate instrument by such a State or organization.

Article 41–Amendments to the Convention

1. Any Contracting Party may propose an amendment to this Convent

amendments shall be considered at a review meeting or at an extraordinary 

2. The text of any proposed amendment and the reasons for it shall be p

Depositary who shall communicate the proposal to the Contracting Parties 

days before the meeting for which it is submitted for consideration. A

received on such a proposal shall be circulated by the Depositary to th

Parties.

3. The Contracting Parties shall decide after consideration of the propose

whether to adopt it by consensus, or, in the absence of consensus, to 

Diplomatic Conference. A decision to submit a proposed amendment to 

Conference shall require a two-thirds majority vote of the Contracting Parti

voting at the meeting, provided that at least one half of the Contracting Part

at the time of voting.

4. The Diplomatic Conference to consider and adopt amendments to th

shall be convened by the Depositary and held no later than one year after t

decision taken in accordance with paragraph 3 of this article. The Diplomat

shall make every effort to ensure amendments are adopted by consensus. S

be possible, amendments shall be adopted with a two-thirds majority of a

Parties.

5. Amendments to this Convention adopted pursuant to paragraphs 3 and 

be subject to ratification, acceptance, approval, or confirmation by the Cont

and shall enter into force for those Contracting Parties which have ratif

approved or confirmed them on the ninetieth day after the receipt by the De

relevant instruments of at least two thirds of the Contracting Parties. For 

Party which subsequently ratifies, accepts, approves or confirms the said am

amendments will enter into force on the ninetieth day after that Contrac

deposited its relevant instrument.

Article 42–Denunciation

1. Any Contracting Party may denounce this Convention by written noti

Depositary. 

2. Denunciation shall take effect one year following the date of the 

notification by the Depositary, or on such later date as may be specified in th

Article 43–Depositary

1. The Director General of the Agency shall be the Depositary of this C

2. The Depositary shall inform the Contracting Parties of:

(i) the signature of this Convention and of the deposit of instruments 

acceptance, approval, accession or confirmation in accordance with Art
(iii) the notifications of denunciation of the Convention and the date 

in accordance with Article 42;

(iv) the proposed amendments to this Convention submitted b

Parties, the amendments adopted by the relevant Diplomatic Confere

meeting of the Contracting Parties, and the date of entry into forc

amendments, in accordance with Article 41.

Article 44–Authentic Texts

The original of this Convention of which the Arabic, Chinese, English, Fr

and Spanish texts are equally authentic, shall be deposited with the Deposit

send certified copies thereof to the Contracting Parties.

IN WITNESS WHEREOF THE UNDERSIGNED, BEING DULY AUTH

THAT EFFECT, HAVE SIGNED THIS CONVENTION.

Done at Vienna on the fifth day of September, one thousand nine hundred a

seven.
Safety of Radioactive Waste Management

Notes: The Convention, pursuant to Article 40.1 entered into force on 18 June 2001, i

day after the day of deposit with the Depositary of the 25th instrument of ratificat

approval, including the instruments of 15 States each having an operational nuclear pow

Country/

Organization

Signature Instrument Date of 

Deposit

DeclarationWithdraw

Albania Accession 06/29/2011 

Argentina1 12/19/1997 Ratification 11/14/2000 

Armenia Accession 05/22/2013 

Australia 11/13/1998 Ratification 08/05/2003 

Austria 09/17/1998 Ratification 06/13/2001 

Belarus 10/13/1999 Ratification 11/26/2002 

Belgium1 12/08/1997 Ratification 09/05/2002 

Bosnia and 

Herzegovina

Accession 08/02/2012 

Brazil1 10/31/1997 Ratification 02/17/2006 

Bulgaria1 09/22/1998 Ratification 06/21/2000 

Canada1 05/07/1988 Ratification 05/07/1998 

Chile Accession 09/26/2011 

China1 Accession 09/13/2006  

Croatia 04/09/1998 Ratification 05/10/1999 

Cyprus Accession 10/21/2009 

Czech

Republic1

09/30/1997 Approval 03/25/1999 

Denmark 02/09/1998 Acceptance 09/03/1999  

Estonia 01/05/2001 Ratification 02/03/2006 

Finland1 10/02/1997 Acceptance 02/10/2000 

France1 09/29/1997 Approval 04/27/2000 

Gabon Accession 04/29/2010 

Georgia Accession 07/22/2009 

Germany1 10/01/1997 Ratification 10/13/1998 

Ghana Accession 06/01/2011 

Greece 02/09/1998 Ratification 07/18/2000 

Hungary1 09/29/1997 Ratification 06/02/1998 

Iceland Accession 01/27/2006 

Indonesia 10/06/1997 Ratification 04/01/2011 

Ireland 10/01/1997 Ratification 03/20/2001 

Italy 01/26/1998 Ratification 02/08/2006 

Japan1 Accession 08/26/2003 

Kazakhstan1 09/29/1997 Ratification 03/10/2010 

Korea, 

Republic of1

09/29/1997 Ratification 09/16/2002 

Kyrgyzstan Accession 12/18/2006 

Latvia 03/27/2000 Acceptance 03/27/2000 

Lebanon 09/30/1997

Lithuania1 09/30/1997 Ratification 03/16/2004 

Luxembourg 10/01/1997 Ratification 08/21/2001 

Malta Accession 09/16/2013 

Mauritania Accession 09/19/2011 

Mauritius Accession 04/15/2013 

Montenegro Accession 08/09/2010 

Morocco 09/29/1997 Ratification 07/23/1999 

Netherlands1,2 03/10/1999 Acceptance 04/26/2000 

Nigeria Accession 04/04/2007 

Norway 09/29/1997 Ratification 01/12/1998 
Oman Accession 05/28/2013 

Peru 06/04/1998

Philippines 03/10/1998

Poland 10/03/1997 Ratification 05/05/2000 

Portugal Accession 05/15/2009 

Republic of 

Moldova Accession 02/23/2010  

Romania1 09/30/1997 Ratification 09/06/1999 

Russian 

Federation1 01/27/1999 Ratification 01/19/2006 

Saudi Arabia Accession 09/19/2011 

Senegal Accession 12/24/2008 

Slovakia1 09/30/1997 Ratification 10/06/1998 

Slovenia1 09/29/1997 Ratification 02/25/1999 

South Africa1 Accession 11/15/2006 

Spain1 06/30/1998 Ratification 05/11/1999 

Sweden1 09/29/1997 Ratification 07/29/1999 

Switzerland1 09/29/1997 Ratification 04/05/2000 

Tajikistan Accession 12/12/2007 

The Former 

Yugoslov 

Repulic of 

Macedonia

Accession 12/31/2009 

Ukraine1 09/29/1997 Ratification 07/24/2000 

United Arab 

Emirates

Accession 07/31/2009 

United 

Kingdom1

09/29/1997 Ratification 03/12/2001 

United States 

of America1

09/29/1997 Ratification 04/15/2003 

Uruguay Accession 12/28/2005 

Uzbekistan Accession 01/19/2009 

Vietnam Accession 10/09/2013 

EURATOM Accession 10/04/2005 

 

1 Indicates that the State has at least one operational nuclear power plant. 2 For the Kingdom in Europe.

Last change of status: October 9, 2013 Parties: 69 Signatories: 42
Declarations and reservations made upon expressing consent to be bound and 

thereto

China, Peoples Republic of Accede

“1.The interpretation of the Government of the People’s Republic of China of 

movement’, as referred to in Article 2 subparagraph (u) and in Article 27, is as 

consenting to a transboundary movement originating from another Contracting P

entity, any Contracting Party to the Joint Convention on the Safety of Spent Fuel M

on the Safety of Radioactive Waste Management which is a State of destination sh

said transboundary movement with the State of origin of the said transboundary 

obtain authorization from the said State of origin. 2.Unless the Government of the Pe

of China issues a separate notice, the Joint Convention on the Safety of Spent Fuel M

on the Safety of Radioactive Waste Management shall not apply to the 

Administrative Region of the People’s Republic of China.”

[Additional statement relating to the above declaration - received on 3 July 2007] 

“In accordance with the Basic Law of the Hong Kong Special Administrative Region 

Republic of China and the Basic Law of the Macao Special Administrative Region 

Republic of China, the Government of the People's Republic of China decides that 

applies to the Hong Kong Special Administrative Region, and unless otherwise no

apply to the Macao Special Administrative Region. The declaration made by the Pe

of China to Subparagraph (u), Article 2 and Article 27 of the Convention also appl

Kong Special Administrative Region.”

Denmark, Kingdom of Accepte

“Until further notice the Convention shall not apply to Greenland and the Faroe Isla

EURATOM Accede

“The following States are presently members of the European Atomic Energy C

Kingdom of Belgium, the Czech Republic, the Kingdom of Denmark, the Fede

Germany, the Republic of Estonia, the Hellenic Republic, the Kingdom of Sp

Republic, Ireland, the Italian Republic, the Republic of Cyprus, the Republic of Lativ

of Lithuania, the Grand Duchy of Luxembourg, the Republic of Hungary, the Rep

the Kingdom of the Netherlands, the Republic of Austria, the Republic of Poland, 

Republic, the Republic of Slovenia, the Slovak Republic, the Republic of Finland, 

Sweden, the United Kingdom of Great Britain and Northern Ireland. The Commun

Articles 1 to 16, 18, 19 to 21 and 24 to 44 of the Joint Convention apply to it. T

possesses competences, shared with the abovementioned Member States, in the fi

Articles 4, 6 to 11, 13 to 16, 19 and 24 to 28 of the Joint Convention as provide

establishing the European Atomic Energy Community in Article 2(b) and the rele

Title II, Chapter 3, entitled 'Health and Safety'.” “When acceding to this Conventio

Atomic Energy Community also wishes to put forward a reservation with rega

compliance of Article 12(1) of the Directive 92/3/Euratom on the supervision 

shipments of radioactive waste between Member States and into and out of the Com

specific requirement in Article 27(1)(i) of the Joint Convention which requires the 

state of destination in the framework of transboundary movements. A revision of 
Japan Accepte

“The Government of Japan, in accedding to the Joint Convention on the Safety 

Management and on the Safety of Radioactive Waste Management, adopted at Vienn

5, 1997, declares reprocessing to be part of spent fuel management pursuant to Arti

1 of the Convention.”

Declarations/reservations made upon signature

Denmark, Kingdom of 

“. . . for the time being, the signature on behalf of Denmark does not commit the Fa

Greenland.”
International Atomic Energy Agency 

Agence internationale de I'energie atom

 

W. CODE OF CONDUCT ON THE SAFETY AND SECURIT

RADIOACTIVE SOURCES

On 8 September 2003, the Board of Governors approved the Code of C

Safety and Security of Radioactive Sources that was contained 

GOV/2003/49-GC(47)/9. The approved text was subsequently, in J

published with the symbol IAEA/CODEOC/2004. 

The Secretariat has recently noticed a typographical error in Table 

Corresponding to Thresholds of Categories) annexed to the Code of Condu

the entry '6.E+02' under Category 1 should read '6.E+01'. 

The Secretariat is issuing a correction slip in all official languages for 

publication IAEA/CODEOC/2004. 

7 February 2005
International Atomic Energy Agency 

Board of Governors GO V /2003

General Conference Date

 General 

 Orig

For official use only

Item 3 of the Board's provisional agenda (GOY /2003/44)

Item 14 of the Conference's provisional agenda (GC/47)/1) 

Measures To Strengthen International Cooperation

in Nuclear, Radiation

and Transport Safety and Waste Management

Revision of the Code of Conduct

on the Safety and Security of Radioactive Sources

Report by the Director General

Summary

● The purpose of this document is to seek adoption by the Board of Go

revised Code of Conduct on the Safety and Security of Radioactive S

contained in Annex 1 to this document. 

Background 

● In September 1999, the Board approved an Action Plan for the Safety 

Sources and Security of Radioactive Materials (see document GOV/1999/

and Corr.l) and requested the Secretariat to implement it. The Action Plan 

following action: “to initiate a meeting of technical and legal experts fo

discussions relating to an international undertaking in the area of the safet

sources and the security of radioactive materials.” Statements made in the 

time suggested that the development of a code of conduct would be the m

acceptable way of proceeding. 

● Early in 2000, the Secretariat convened an open-ended group of techn

experts to undertake exploratory discussions on a possible Code of Conduc

of Radiation Sources and the Security of Radioactive Materials. The group 

and July 2000 and produced a Code of Conduct on the Safety and Security o

Sources (see document GOV/2000/34- GC(44/7) which was taken note of 

in September 2000.1

 In taking note of the Code of Conduct, the Board als

an accompanying report by the Chairman of the open-ended group - Mr

––––––––

1 The Agency published the code of conduct (in Arabic, Chinese, English, French, Russia

in 2001 under the symbol IAEA/CODE0C/2001.
the Chairman of the Open-ended Meeting, regarding - inter alia - the ap

implementation of the Code of Conduct on the Safety and Security of Radio

and to make recommendations thereon to the Board.” 

● In May 2002, the Secretariat requested from Member States informati

they were implementing the Code of Conduct and in August 2002, it conv

ended group of technical and legal experts to consider how the Code of Con

strengthened, particularly in response to security concerns and to question

the responses to the Secretariat's May 2002 request for information, an

previously unresolved issues. The group met, under the chairmanship of M

(Australia), again in March and July 2003, and agreed on the revised Code 

the Safety and Security of Radioactive Sources that is contained in An

document. Annex 2 contains the report on the last meeting by the Chairma

ended group. 

Recommended Action by the Board

● It is recommended that the Board approve the revised Code of Conduct 

and Security of Radioactive Sources and transmit it to the General Conf

recommendation that the Conference adopt it and encourage its wide imple
(Annex 1)

International Atomic Energy Agency

The IAEA's Member States

Noting that radioactive sources are used throughout the world for a w

beneficial purposes, e.g. in industry, medicine, research, agriculture and ed

Aware that the use of these radioactive sources involves risks due to pote

exposure, 

Recognizing the need to protect individuals, society and the environm

harmful effects of possible accidents and malicious acts involving radioact

Noting that ineffective, interrupted or sporadic regulatory or managem

radioactive sources has led to serious accidents, or malicious acts, or to th

orphan sources, 

Aware that the risks arising from such incidents must be minimized 

against through the application of appropriate radiation safety and security 

Recognizing the importance of fostering a safety and security c

organizations and among all individuals engaged in the regulatory c

management of radioactive sources, 

Recognizing the need for effective and continuous regulatory control, i

reduce the vulnerability of radioactive sources during transfers, within 

States2,

Recognizing that States should take due care in authorizing export

because a number of States may lack appropriate infrastructure for the safe 

and secure protection of radioactive sources, and that States should m

harmonize their systems of export control of radioactive sources, 

Recognizing the need for technical facilities, including appropriate e

qualified staff, to ensure the safe management and secure protection 

sources, 

Noting that the International Basic Safety Standards for Protection ag

Radiation and for the Safety of Radiation Sources contain recommendations 

against exposure to ionizing radiation and for the safety and security 

sources, 

Recalling the IAEA's Safety Requirements document on Legal and 

Infrastructure for Nuclear, Radiation, Radioactive Waste and Transport Saf

Taking account of the provisions of the Convention on Early Notificatio

Accident (1986) and of the provisions of the Convention on Assistance i

Nuclear Accident or Radiological Emergency (1986), 

Taking account of the provisions of the Joint Convention on the Safety 

Management and on the Safety of Radioactive Waste Management (1997)

those provisions which relate to the transboundary movement of radioactiv

the possession, remanufacturing or disposal of disused sealed sources, 

Recognizing that, while unsealed radioactive material is excluded fro

there may be circumstances where it should be managed in accordance with 

of this Code, 

Recognizing the global role of the IAEA in the area of the safety an

radioactive sources, 

Taking account of the IAEA's categorization of radioactive sources, cu

in IAEA- TECDOC-1344 entitled “Categorization of radioactive so

recognizing that TECDOC-1344 is based on deterministic health effects and 

take into account the range of impacts that could result from accidents or 

involving radioactive sources, and 
relating to the security of radioactive material other than nuclear material, 

DECIDE that the following Code of Conduct should serve as guidance 

inter alia - the development and harmonization of policies, laws and regu

safety and security of radioactive sources. 

I. Definitions

 1. For the purposes of this Code: 

“authorization” means a permission granted in a d

regulatory body to a natural or legal person who has submitted 

to manage a radioactive source. The authorization can take t

registration, a licence or alternative effective legal control me

achieve the objectives of the Code. 

“disposal” means the emplacement of radioactive 

appropriate facility without the intention of retrieval. 

“disused source” means a radioactive source which 

used, and is not intended to be used, for the practice for which an 

has been granted. 

“management” means the administrative and operati

that are involved in the manufacture, supply, receipt, possession

transfer, import, export, transport, maintenance, recycling o

radioactive sources. 

“orphan source” means a radioactive source which 

regulatory control, either because it has never been under regulat

because it has been abandoned, lost, misplaced, stolen or trans

proper authorization. 

“radioactive source” means radioactive material that i

sealed in a capsule or closely bonded, in a solid form and which 

from regulatory control. It also means any radioactive material 

radioactive source is leaking or broken, but does not m

encapsulated for disposal, or nuclear material within the nuclear 

research and power reactors. 

“regulatory body” means an entity or organization o

entities or organizations designated by the government of a S

legal authority for exercising regulatory control with respect 

sources, including issuing authorizations, and thereby regulatin

aspects of the safety or security of radioactive sources. 

“regulatory control” means any form of control or regu

to facilities or activities by a regulatory body for reasons relate

protection or to the safety or security of radioactive sources. 

“safety” means measures intended to minimize the 

accidents involving radioactive sources and, should such an acc

mitigate its consequences. 

“safety culture” means the assembly of characteristic

in organizations and individuals which establishes that, as 

priority, protection and safety issues receive the attention warr

significance. 

“security” means measures to prevent unauthoriz

damage to, and loss, theft or unauthorized transfer of, radioactiv

“security culture” means characteristics and 

organizations and of individuals which establish that security issu

attention warranted by their significance. 

“storage” means the holding of radioactive sources in 

provides for their containment with the intention of retrieval. 
individuals, society and the environment, that is the sources referred to 

to this Code. States should also devote appropriate attention to the regu

potentially harmful radioactive sources. 

3. This Code does not apply to nuclear material as defined in the C

the Physical Protection of Nuclear Material, except for sources 

plutonium-239.

4. This Code does not apply to radioactive sources within milita

programmes. 

5. (a) The objectives of this Code are, through the development, 

and implementation of national policies, laws and regulations, an

fostering of international co-operation, to: 

(i) achieve and maintain a high level of safety and security 

sources; 

(ii) prevent unauthorized access or damage to, and l

unauthorized transfer of, radioactive sources, so as to reduce the 

accidental harmful exposure to such sources or the maliciou

sources to cause harm to individuals, society or the environment

(iii) mitigate or minimize the radiological consequences of a

malicious act involving a radioactive source. 

(b) These objectives should be achieved through the establi

adequate system of regulatory control of radioactive sources, applic

stage of initial production to their final disposal, and a system for t

of such control if it has been lost. 

6. This Code relies on existing international standards relating to nuc

radioactive waste and transport safety and to the control of radioactive 

intended to complement existing international standards in these areas. 

III. Basic Principles

 GENERAL

7. Every State should, in order to protect individuals, society and the 

take the appropriate measures necessary to ensure: 

(a) that the radioactive sources within its territory, or under its j

control, are safely managed and securely protected during their usef

the end of their useful lives; and 

(b) the promotion of safety culture and of security culture w

radioactive sources. 

8. Every State should have in place an effective national legislative 

system of control over the management and protection of radioactive so

system should: 

(a) place the prime responsibility for the safe management of, an

of, radioactive sources on the persons being granted the relevant aut

(b) minimize the likelihood of a loss of control; 

(c) include national strategies for gaining or regaining contro

sources; 

(d) provide for rapid response for the purpose of regaining contro

sources; 

(e) foster ongoing communication between the regulatory body 

(f) provide for measures to reduce the likelihood of malicious a

sabotage, consistent with the threat defined by the State; 

(g) mitigate or minimize the radiological consequences of 

malicious acts involving radioactive sources; and. 

(h) provide for its own continuous improvement.

9. Every State should ensure that appropriate facilities and service

protection, safety and security are available to, and used by, the per
(a) searching for missing sources and securing found sources; 

(b) intervention in the event of an accident or malicious ac

radioactive source; 

(c) personal dosimetry and environmental monitoring; and 

(d) the calibration of radiation monitoring equipment. 

10. Every State should ensure that adequate arrangements are in 

appropriate training of the staff of its regulatory body, its law enforce

and its emergency services organizations.

11. Every State should establish a national register of radioactive 

register should, as a minimum, include Category I and 2 radioacti

described in the Annex to this Code. The information contained in that r

be appropriately protected. For the purpose of introducing efficiency in 

of radioactive source information between States, States should 

harmonize the formats of their registers. 

12. Every State should ensure that information concerning any loss o

radioactive sources, or any incidents, with potential transboundary eff

radioactive sources, is provided promptly to potentially affected S

established IAEA or other mechanisms. 

13. Every State should:

(a) promote awareness among industry, health professionals, th

government bodies of the safety and security hazards associated 

sources; and 

(b) encourage bodies and persons likely to encounter orphan sour

course of their operations (such as scrap metal recyclers and cust

implement appropriate monitoring programmes to detect such sourc

14. Every State should encourage the reuse or recycling of radioa

when practicable and consistent with considerations of safety and secur

15. Every State should, in implementing this Code, emphasize 

manufacturers (both manufacturers of radioactive sources and man

devices in which radioactive sources are incorporated), suppliers and u

managing disused sources their responsibilities for the safety an

radioactive sources. 

16. Every State should define its domestic threat, and assess its vuln

respect to this threat for the variety of sources used within its territory

potential for loss of control and malicious acts involving one or mo

sources. 

17. Each State should take appropriate measures consistent with its n

protect the confidentiality of any information that it receives in confide

Code of Conduct from another State or through participation in an activ

for the implementation of this Code of Conduct. If any State provides 

international organizations in confidence, steps should be taken to e

confidentiality of such information is protected. A State that has receive

in confidence from another State should only provide this information t

with the consent of that other State. A State is not expected to provide an

that it is not permitted to communicate pursuant to its national law or 

jeopardize the security of that State. 

LEGISLATION AND REGULATIONS 

18. Every State should have in place legislation and regulations that

(a) prescribe and assign governmental responsibilities to assure 

security of radioactive sources; 

(b) provide for the effective control of radioactive sources; 

(c) specify the requirements for protection against exposur

radiation; and 
19. Such legislation and/or regulations should provide for, in particu

(a) the establishment of a regulatory body whose regulatory 

effectively independent of other functions with respect to radioactive 

as the management of radioactive sources or the promotion of the use 

sources. This body should have the powers and characteristics listed 

20 to 22; 

(b) measures to protect individuals, society and the environm

deleterious effects of ionizing radiation from radioactive sources; 

(c) administrative requirements relating to the authorization of th

of radioactive sources; 

(d) provisions for exemption, as appropriate, from the 

requirements referred to in paragraph (c) above; 

(e) administrative requirements relating to notifications to the re

of actions involved in the management of radioactive sources that m

significant risk to individuals, society or the environment; 

(f) managerial requirements relating in particular to the est

adequate policies, procedures and measures for the control of radioa

(g) requirements for security measures to deter, detect a

unauthorized access to, or the theft, loss or unauthorized use o

radioactive sources during all stages of management; 

(h) requirements relating to the verification of the safety an

radioactive sources, through safety and security assessments, m

verification of compliance, and the maintenance of appropriate reco

(i) the capacity to take appropriate enforcement actions 

REGULATORY BODY 

20. Every State should ensure that the regulatory body established by 

has the authority to: 

(a) establish regulations and issue guidance relating to the safet

of radioactive sources; 

(b) require those who intend to manage radioactive source

authorization and to submit: 

(i) a safety assessment; and 

(ii) a security plan or assessment as appropriate 

for the source and/or the facility in which the source is to be manag

necessary in the light of the risks posed and, in the case of securi

national threat assessment; 

(c) obtain all relevant information from an applicant for an autho

(d) issue, amend, suspend or revoke, as necessary, authoriz

management of radioactive sources. 

(e) attach clear and unambiguous conditions to the authorization

including conditions relating to: 

(i) responsibilities; 

(ii) minimum operator competencies; 

(iii) minimum design and performance criteria, and 

requirements for radioactive sources and the devices in wh

incorporated; 

(iv) minimum performance criteria and maintenance req

equipment and systems used to ensure the safety and security 

sources; 

(v) requirements for emergency procedures and communicat

(vi) work procedures to be followed; 

(vii) the safe and secure management of disused sources, inc

applicable, agreements regarding the return of disused sources to 
(ix) the confidentiality of information relating to the security 

(f) obtain any relevant and necessary information from a pe

authorization, in particular if that is warranted by revised safet

assessments; 

(g) require those supplying or transferring radioactive sourc

incorporating radioactive sources to provide the recipient with 

technical information to permit their safe and secure management. 

(h) enter premises in order to undertake inspections for the v

compliance with regulatory requirements; 

(i) enforce regulatory requirements;

(j) monitor, or request other authorized bodies to monitor, 

checkpoints for the purpose of detecting orphan sources; 

(k) ensure that corrective actions are taken when a radioactive s

unsafe or non-secure condition; 

(l) provide, on a case-by-case basis, to a person with an authori

public any information that is deemed necessary in order to prote

society and the environment; 

(m) liaise and co-ordinate with other governmental bodies and 

non- governmental bodies in all areas relating to the safety an

radioactive sources; 

(n) liaise with regulatory bodies of other countries and with 

organizations to promote co-operation and the exchange of regulator

(o) establish criteria for intervention in emergency situations; 

(p) ensure that radioactive sources are stored in facilities appro

purpose of such storage; and 

(q) ensure that, where disused sources are stored for extended pe

the facilities in which they are stored are fit for that purpose. 

21. Every State should ensure that its regulatory body 

(a) is staffed by qualified personnel; 

(b) has the financial resources and the facilities and equipmen

undertake its functions in an effective manner; and 

(c) is able to draw upon specialist resources and expertise from 

governmental agencies. 

22. Every State should ensure that its regulatory body 

(a) establishes procedures for dealing with applications for autho

(b) ensures that arrangements are made for the safe manageme

protection of radioactive sources, including financial prov

appropriate, once they have become disused; 

(c) maintains appropriate records of persons with authorization

radioactive sources, with a clear indication of the type(s) of radio

that they are authorized to use, and appropriate records of the transfe

of the radioactive sources on termination of the authorizations. 

should be properly secured against unauthorized access or alteration

copies should be made; 

(d) promotes the establishment of a safety culture and of a se

among all individuals and in all bodies involved in the management 

sources; 

(e) establishes systems for ensuring that, where practicable, bo

sources and their containers, are marked by users with an appropriat

members of the public of the radiation hazard, but where this is not 

least the container is so marked; 
of the public, as applicable, of the radiation hazard; 

(g) establishes systems for ensuring that, where practicable, radio

are identifiable and traceable, or where this is not practicable, 

alternative processes for identifying and tracing those sources are in 

(h) ensures that inventory controls are conducted on a regular ba

with authorizations; 

(i) carries out both announced and unannounced inspections at 

frequency taking into account past performance and the risks pre

radioactive source; 

(j) takes enforcement actions, as appropriate, to ensure com

regulatory requirements; 

(k) ensures that the regulatory principles and criteria remain adeq

and take into account, as applicable, operating experience and i

endorsed standards and recommendations; 

(l) requires the prompt reporting by authorized persons of loss o

and of incidents in connection with, radioactive sources; 

(m) provides guidance on appropriate levels of information, in

training on the safety and security of radioactive sources and t

facilities in which they are housed, to manufacturers, suppliers 

radioactive sources; 

(n) requires authorized persons to prepare emergency plans, as a

(o) is prepared, or has established provisions, to recover and resto

control over orphan sources, and to deal with radiological emerge

established appropriate response plans and measures; 

(p) is prepared in respect of orphan sources that may have origina

State to assist in obtaining technical information relating to their sa

management. 

IMPORT AND EXPORT OF RADIOACTIVE SOURCES 

23. Every State involved in the import or export of radioactive sourc

appropriate steps to ensure that transfers are undertaken in a manner c

the provisions of the Code and that transfers of radioactive sources in Ca

2 of the Annex to this Code take place only with the prior notification by 

State and, as appropriate, consent by the importing State in accordan

respective laws and regulations. 

24. Every State intending to authorize the import of radioactiv

Categories 1 and 2 of the Annex to this Code should consent to their imp

recipient is authorized to receive and possess the source under its nation

State has the appropriate technical and administrative capability, 

regulatory structure needed to ensure that the source will be managed 

consistent with the provisions of this Code. 

25. Every State intending to authorize the export of radioactiv

Categories 1 and 2 of the Annex to this Code should consent to its expor

satisfy itself, insofar as practicable, that the receiving State has authorize

to receive and possess the source and has the appropriate technical and 

capability, resources and regulatory structure needed to ensure that the 

managed in a manner consistent with the provisions of this Code. 

26. If the conditions in paragraphs 24 and 25 with respect to a partic

export cannot be satisfied, that import or export may be authorized 

circumstances with the consent of the importing State if an alternativ

has been made to ensure the source will be managed in a safe and secur

27. Every State should allow for re-entry into its territory of disus

sources if, in the framework of its national law, it has accepted that the

to a manufacturer authorized to manage the disused sources. 
manner consistent with existing relevant international standards re

transport of radioactive materials. 

29. Although not subject to the authorization procedures outlined in 

and 25 above, the transport of radioactive sources through the territory 

transshipment state should be conducted in a manner consistent with ex

international standards relating to the transport of radioactive materials

paying careful attention to maintaining continuity of control during 

transport.

ROLE OF THE IAEA

30. The IAEA should:

(a) continue to collect and disseminate information on laws, re

technical standards relating to the safe management and secure 

radioactive sources, develop and establish relevant technical standard

for the application of these standards at the request of any State

advising and assisting on all aspects of the safe management and sec

of radioactive sources; 

(b) disseminate this Code and related information widely; and 

(c) in particular, implement the measures approved by its p

organs. 

DISSEMINATION OF THE CODE 

31. Every State should, as appropriate, inform persons involved in th

of radioactive sources, such as industry, health professionals, and gover

and the public, of the measures it has taken to implement this Code, an

steps to disseminate that information.
Category I sources, if not safely managed or securely protected woul

cause permanent injury to a person who handled them, or were otherwise i

them, for more than a few minutes. It would probably be fatal to be close t

of unshielded material for a period of a few minutes to an hour. These source

used in practices such as radiothermal generators, irradiators and radiation 

Category 2 sources, if not safely managed or securely protected, 

permanent injury to a person who handled them, or were otherwise in cont

for a short time (minutes to hours). It could possibly be fatal to be close to 

unshielded radioactive material for a period of hours to days. These source

used in practices such as industrial gamma radiography, high dose rate brac

medium dose rate brachytherapy. 

Category 3 sources, if not safely managed or securely protected, 

permanent injury to a person who handled them, or were otherwise in cont

for some hours. It could possibly - although it is unlikely - be fatal to b

amount of unshielded radioactive material for a period of days to weeks. 

are typically used in practices such as fixed industrial gauges involving 

sources (for example, level gauges, dredger gauges, conveyor gauges and 

gauges) and well logging. 

Table I provides a categorization by activity levels for radionuc

commonly used. These are based on D-values which define a dangerous 

source that could, if not under control, give rise to exposure sufficient to 

deterministic effects. A more complete listing of radionuclides and asso

levels corresponding to each category, and a fuller explanation of the deriva

values, may be found in TECDOC-l344, which also provides the underlying 

that could be applied to radionuclides not listed. Typical source uses are no

illustrative purposes only. 

In addition to these categories, States should give appropriate attention 

sources considered by them to have the potential to cause unacceptable co

employed for malicious purposes, and to aggregations of lower activit

defined by TECDOC 1344) which require management under the principle
Radionuclides

Category 1 Category 2 C

1000 x D 10 x D 

(TBq) (Ci)a (TBq) (Ci)a (TBq

Am-241 6.E+01 2.E+03 6.E-01 2.E+01 6.E-0

Am-241/Be 6.E+01 2.E+03 6.E-01 2.E+01 6.E-0

Cf-252 2.E+01 5.E+02 2.E-01 5.E-00 2.E-0

Cm-244 5.E+01 1.E+03 5.E-01 1.E+01 5.E-0

Co-60 3.E+01 8.E+02 3.E-01 8.E+00 3.E-0

Cs-137 1.E+02 3.E+03 1.E+00 3.E+01 1.E-0

Gd-153 1.E+03 3.E+04 1.E+01 3.E+02 1.E+0

Ir-192 8.E+01 2.E+03 8.E-01 2.E+01 8.E-0

Pm-147 4.E+04 1.E+06 4.E+02 1.E+04 4.E+0

Pu-238 6.E+01 2.E+03 6.E-01 2.E+01 6.E-0

Pu-239b/Be 6.E+01 2.E+03 6.E-01 2.E+01 6.E-0

Ra-226 4.E+01 1.E+03 4.E-01 1.E+01 4.E-0

Se-75 2.E+02 5.E+03 2.E+00 5.E+01 2.E-0

Sr-90 (Y-90) 1.E+03 3.E+04 1.E+01 3.E+02 1.E+0

Tm-170 2.E+04 5.E+05 2.E+02 5.E+03 2.E+0

Yb-169 3.E+02 8.E+03 3.E+00 8.E+01 3.E-0

Au-198* 2.E+02 5.E+03 2.E+00 5.E+01 2.E-0

Cd-109* 2.E+04 5.E+05 2.E+02 5.E+03 2.E+0

Co-57* 7.E+02 2.E+04 7.E+00 2.E+02 7.E-0

Fe-55* 8.E+05 2.E+07 8.E+03 2.E+05 8.E+0

Ge-68* 7.E+02 2.E+04 7.E+00 2.E+02 7.E-0

Ni-63* 6.E+04 2.E+06 6.E+02 2.E+04 6.E+0

Pd-103* 9.E+04 2.E+06 9.E+02 2.E+04 9.E+0

Po-210* 6.E+02 2.E+03 6.E-01 2.E+01 6.E-0

Ru-106 (Rh-106)* 3.E+02 8.E+03 3.E+00 8.E+01 3.E-0

Tl-204* 2.E+04 5.E+05 2.E+02 5.E+03 2.E+0

These radionuclides are very unlikely to be used in individual radioactive sources with activ

would place them within Categories 1, 2, or 3 and would therefore not be subject to the para

national registries (11) or the paragraphs relating to import and export control (23 to 26).

a The primary values to be used are given in TBq. Curie values are provided for practical use

rounded after conversion.

b Criticality and safeguard issues will need to be considered for multiples of D.
to Review a Draft Revised Code of Conduct on

the Safety and Security of Radioactive Sources (Annex 2)

Vienna, 14-18 July 2003

Report of the Chairman

1. An open-ended meeting of technical and legal experts to review and f

revised Code of Conduct on the Safety and Security of Radioactive Sources

to 18 July 2003 at the IAEA Headquarters in Vienna under the chairman

McIntosh (Australia). The meeting was attended by representatives from 

States (Argentina, Australia, Belgium, Canada, China, the Czech Rep

Ethiopia, France, Germany, India, Israel, Japan, Malaysia, Mexico, 

Federation, the Slovak Republic, Turkey, Ukraine, the United Kingdom a

States of America) and an observer from the NEA/OECD. The meeting w

Mr. T. Taniguchi, DDG-NS, followed by introductory remarks by Mr. 

NSRW . 

2. At the outset, the Chairman recalled the discussions undertaken and d

at the Group's previous meetings of 19-23 August 2002 and 3-7 March 200

those discussions and decisions, the Group made a number of amendmen

revised Code. These included, inter alia, changes to some of the definition

and the addition of language concerning the establishment of systems for 

minimizing the radiological consequences of accidents or malicious a

radioactive sources. 

3. As foreshadowed in the report of the meeting of 3-7 March 2003, th

priority to consideration of the scope of the Code. That consideration was 

the light of the recent finalization of the revisions to the IAEA's Cate

Radioactive Sources, published as IAEA-TECDOC-1344. The Group conf

Code – with the exception of paragraphs relating to national registers and 

control – should apply, with some modification, to sources in Categories 

categorization developed in TECDOC-1344. This approach is now reflected 

to the Code. Sources containing radionuclides which, although included 

1344, do not meet the definition of “radioactive source” in the Code - for exa

they are not in a solid form, or are unsealed sources – are outside the scop

and are therefore excluded from Table I in the Annex. Additionally, radionu

unlikely to be used in radioactive sources with activity levels that would plac

Categories 1, 2 or 3 were marked with an asterisk, in order to indicate that t

currently applicable to individual sources of these types. 

4. At the same time, the Group agreed that States should also devo

attention to the regulation, in accordance with the Code, of other poten

radioactive sources. Such sources include those considered by them to hav

to cause unacceptable consequences if employed for malicious purposes, and 

of lower activity sources. 

5. The Group recalled that the scope of the Code excluded unseale

sources. The Group agreed that, although the content of the Code could no

applied to unsealed radioactive sources, States should be encouraged to 

under similar principles in some circumstances. A paragraph to that effect w

the preamble to the Code. 

6. The Group agreed that the Code did not apply to radioactive sources w

or defence programmes, although some states expressed the opinion that 

––––––––

2 The IAEA Board of Governors took note of an earlier version of the Code of Conduct o

September 2000, published as IAEA/CODEOC/200 1. 
The vulnerability of sources during any form of transfer was highlighted in 

7. The Group agreed on further enhancements to the paragraphs concern

and import of radioactive sources. In particular, it was agreed that the s

paragraphs should be restricted to sources within Categories I and 2 of the 

structure contained in the Annex to the Code. The Group consid

implementation of these paragraphs would be assisted if the Secretari

responsibility for the compilation, maintenance and publication of a list of 

of competent national regulatory bodies, and for the development of a stand

for importing States to use in indicating that prospective users were proper

Some experts considered that the Secretariat should also take responsibility 

information concerning the degree of implementation by importing States 

with the consent of the States involved. The Group noted the importance 

further guidance on the full implementation of the paragraphs dealing w

import control. In particular, the guidance should include understanding

exporting State would assess the degree to which an importing State has im

Code. As in the draft developed in March 2003, the revised draft Code incl

permitting the export of a source other than in accordance with these parag

exceptional circumstances”. The Group noted that the guidance referred to 

include a common understanding as to the scope of the term “exceptional ci

The Group encouraged supplier states to consult on the harmonization o

control systems. 

8. The Group gave further consideration to the issue of security of source

additional language concerning assessment of domestic threats and 

sabotage, mitigation and minimisation of consequences, and confidentialit

noted that interim guidance on the security of radioactive sources had 

published as TECDOC-1355, and that further guidance on this issue will be 

the Agency. The Group also noted that a TECDOC regarding security du

was currently under development elsewhere in the Agency, and that there 

no need to include detailed language in this regard in the Code. Some sta

concern that the strict application of the Code should not impede internatio

directed at securing or recovering sources in an unsafe or insecure conditio

9. The Group noted that the Agency's revised draft Action Plan for Safet

of Radioactive Sources, to be submitted to the September meeting of the I

of Governors, would contain a number of actions relevant to the impleme

Code. The Group looked forward to the Board's consideration of this issue. 

also noted the importance of the implementation of the Code by developing 

role which the Agency's technical co-operation programme might play in 

process. 

10. The Group agreed that the finalized draft Code should be sub

September meeting of the IAEA's Board of Governors and to the subse

Conference for their adoption. 

11. The Group further considered whether, and if so by what means, th

of States to the Code could be reinforced. That consideration was as

circulation of a Chairman's paper on the subject prior to the meeting. The 

that decisions and guidance on this issue were properly matters for the Ag

making organs. However, some States expressed a preference for a political 

Further, several experts considered that, in addition to endorsement by 

Conference, States should be encouraged to make individual political 

concerning their implementation of the Code. Options for the wordin

commitment that were proposed were: 

● “[State] declares that it will fully implement the terms of the Co

on the Safety and Security of Radioactive Sources. Consistent with th

binding status of the Code, this declaration does not create any legal ob
full implementation of the IAEA Code of Conduct on the Safety an

Radioactive Sources and encourages other countries to do the same.” 

● “[State] affirms its determination to uphold the principles of sa

management of radioactive sources, as are stated in the Code of Conduc

and Security of Radioactive Sources. Consistent with the non-legally bin

the Code, this declaration does not create any legal obligations or 

reporting system.”

● “[State] affirms its support for the IAEA's work on the safety a

radioactive sources, including the completion of the recently revised I

Conduct on the Safety and Security of Radioactive Sources, which i

binding in nature. [State] will implement the IAEA Code of Conduct on 

Security of Radioactive Sources and urges other countries to do th

declaration does not create any legal obligations or any specific reportin

12. The experts agreed that the Code as revised by the Group provide

significant enhancements of the control of radioactive sources. Such contr

significant step towards enhancing both the safety and the security of radioa

Steven McIntosh

Chairman 

18 July 2003 
3. Miscellaneous Internationa

Legislation and Executive Orde
3
Orders

Contents

A. EXECUTIVE ORDER 10841—PROVIDING FOR THE 

CARRYING OUT OF CERTAIN PROVISIONS OF 

THE ATOMIC ENERGY ACT OF 1954, AS AMENDED, 

RELATING TO INTERNATIONAL COOPERATION.....

Section 1 .........................................................................

Section 2 .........................................................................

Section 3 .........................................................................

Section 4 .........................................................................

B. EXECUTIVE ORDER 10956—AMENDMENT OF 

EXECUTIVE ORDER 10841.................................................

C. EXECUTIVE ORDER 12058—FUNCTIONS 

RELATING TO NUCLEAR NON-PROLIFERATION .....

Section 1. Department of Energy...............................

Section 2. Department of State...................................

Section 3. Department of Commerce.........................

Section 4. Coordination ..............................................

Section 5. General Provisions.....................................

D. EXECUTIVE ORDER 12730—CONTINUATION OF 

EXPORT CONTROL REGULATIONS...............................

Section 1 .........................................................................

Section 2 .........................................................................

Section 3 .........................................................................

Section 4 .........................................................................

E. EXECUTIVE ORDER 12114—ENVIRONMENTAL 

EFFECTS ABROAD OF MAJOR FEDERAL ACTIONS .

Section 1 .........................................................................

Section 2 .........................................................................

Section 3 .........................................................................

AMENDED, RELATING TO INTERNATIONAL COOPERA

By virtue of the authority vested in me by the Atomic Energy Act of 195

(42 USC 201 et seq.), hereinafter referred to as the Act, and section 301 of 

United States Code, and as President of the United States, it is ordered as fo

Section 1

Whenever the President, pursuant to section 123 of the Act, has approved a

the execution of a proposed agreement providing for cooperation pursuant t

144a, 144b, or 144c of the Act (42 USC 2121(c), 2164(a), 2164(b), 2164(c), 

and authorization by the President shall constitute his authorization to co

extent provided for in the agreement and in the manner provided for in sect

144b, or 144c, as pertinent. In respect of sections 91c, 144b, and 144c, aut

the President to cooperate shall be subject to the requirements of section 12

and shall also be subject to appropriate determinations made pursuant to se

order.

Section 2

 (a) The Secretary of Defense and the Atomic Energy Commissio

designated and empowered to exercise jointly, after consultation with exec

as may be appropriate, the following-described authority without 

ratification, or other action of the President:

(1) The authority vested in the President by section 91c of the Ac

that the proposed cooperation and each proposed transfer arrangement 

that section will promote and will not constitute an unreasonable risk t

defense and security.

(2) The authority vested in the President by section 144b of the Ac

that the proposed cooperation and the proposed communication of R

referred to in that section will promote and will not constitute an unreas

the common defense and security.

(3) The authority vested in the President by section 144c of the Ac

that the proposed cooperation and the communication of the proposed R

referred to in that section will promote and not constitute an unreasona

common defense and security.

(b) Whenever the Secretary of Defense and the Atomic Energy Commiss

to agree upon a joint determination under the provisions of subsection (a) o

the recommendations of each of them, together with the recommendat

agencies concerned, shall be referred to the President, and the determination 

by the President.

Section 3

This order shall not be construed as delegating the function vested in the 

section 91c of the Act of approving programs proposed under that section.

Section 4

 (a) The functions of negotiating and entering into international agreem

Act shall be performed by or under the authority of the Secretary of State.

(b) International cooperation under the Act shall be subject to the resp

the Secretary of State with respect to the foreign policy of the United St

thereto.

DWIGHT D. EI

THE WHITE HOUSE.

September 30, 1959
Amendment of Executive Order No 10841, Relating to International C

Under the Atomic Energy Act of 1954, as Amended

By virtue of the authority vested in me by the Atomic Energy Act of 195

(42 U.S. C. 201 et seq.), and section 301 of Title 3 of the United States 

President of the United States, it is ordered as follows:

Executive Order No. 10841 of September 30, 1959, entitled “prov

Carrying Out of Certain Provisions of the Atomic Energy Act of 1954, 

Relating to International cooperation,” is hereby amended by changing the 

end of paragraph 92) of section 2(a) thereof to a colon and adding to such 

following: “Provided, that each determination made under this paragraph sh

to the President and, unless disapproved by him, shall become effective fift

such referral or at such later time as may be specified in the determination.

JOHN F

THE WHITE HOUSE.

August 10, 1961
May 11, 1978, 43 F.R. 20947

By virtue of the authority vested in me by the Nuclear Non-Proliferatio

(Public Law 95-242, 92 Stat. 120, 22 U.S.C. 3201) and the Atomic Energy 

as amended (42 U.S.C. 2011 et seq.), and section 301 of Title 3 of the Unite

and as President of the United States of America, it is hereby ordered as fo

Section 1. Department of Energy

The following functions vested in the President by the Nuclear Non-Pro

of 1978 (92 Stat. 120, 22 U.S.C. 3201), hereinafter referred to as the A

Atomic Energy Act of 1954, as amended (42 U.S.C. 2011 et seq.), hereinaf

as the 1954 Act, are delegated or assigned to the Secretary of Energy:

(a) That function vested in section 402(b) of the Act (92 Stat. 145, 42 U

(b) Those functions vested by sections 131a(2)(G), 131b(1), and 131f(

Act (92 Stat. 127, 42 U.S.C. 2160).

(c) That function vested by section 131f(1)(A)(ii) of the 1954 Act to the e

to the preparation of a detailed generic plan.

Section 2. Department of State

The Secretary of State shall be responsible for performing the follow

vested in the President:

(a) Those functions vested by sections 104(a), 104(d), 105, 403, 404, 4

the Act (92 Stat. 122, 123, 146, 147, and 22 U.S.C. 3223(a), 3223(d), 3224, 

2153b, 2153b, 2153c, 2153e, and 22 U.S.C. 3261).

(b) That function vested by section 128a(2) of the 1954 Act (92 Stat. 1

2157(a)(2)).

(c) That function vested by section 601 of the Act to the extent it 

preparation of an annual report.

(d) The preparation of timely information and recommendations r

President’s functions vested by sections 126, 128b, and 129 of the 1954 Act 

137, and 138, 42 U.S.C. 2155, 2157, and 2158).

(e) That function vested by section 131c of the 1954 Act (92 Stat. 1

2160(c); except that, the Secretary shall not waive the 60-day require

preparation of a Nuclear Non-Proliferation Assessment Statement for more 

without the approval of the President.

Section 3. Department of Commerce

The Secretary of Commerce shall be responsible for performing the func

the President by section 309(c) of the Act (92 Stat. 141, 42 U.S.C. 2139a).

Section 4. Coordination

In performing the functions assigned to them by this Order, the Secret

and the Secretary of State shall consult and coordinate their actions with e

with the heads of other concerned agencies.

Section 5. General Provisions

(a) Executive Order No. 11902 of February 2, 19761 entitled “Procedure

Licensing Policy as to Nuclear Materials and Equipment,” is revoked.

(b) The performance of functions under either the Act or the 1954 Ac

delayed pending the development of procedures, even though as many as 

allowed for establishing them. Except where it would be inconsistent t

functions shall be carried out in accordance with procedures similar to t

immediately prior to the effective date of the Act.

The White House,

May 11, 1978

––––––––

1 1978 U.S. Code Cong, and Adm. News Pamph. No. 4, p. 1159. 
Executive Order 12730 of September 30, 1990

Continuation of Export Control Regulations

By the authority vested in me as President by the Constitution and the laws 

States of America, including but not limited to section 203 of the Internation

Economic Powers Act (50 U.S.C. 1702) (hereafter referred to as “the Act”)

I, GEORGE BUSH, president of the United States of America, find that th

access of foreign parties to U.S. goods, technology, and technical data and 

of certain boycott practices of foreign nations, in light of the expiration 

Administration Act of 1979, constitute an unusual and extraordinary threat 

security, foreign policy, and economy of the United States and hereby dec

emergency with respect to that threat.

Accordingly, in order (a) to exercise the necessary vigilance over exp

standpoint of their significance to the national security of the United States

significantly the foreign policy of the United States, including it policy w

cooperation by U.S. persons with certain foreign boycott activities, and 

international responsibilities; and (c) to protect the domestic economy from 

drain of scarce materials and reduce the serious economic impact of foreign 

hereby ordered as follows:

Section 1

Notwithstanding the expiration of the Export Administration Act of 1979

(50 U.S.C. App. 2401 et seq.), the provisions of that Act, the provisions for 

of that Act, and the delegations of authority set forth in Executive Order 12

1977, Executive Order 122141 of May 2, 1980, and Executive Order No. 1

4, 1979, as amended by Executive Order No. 12551 of February 21, 1986

extent permitted by law, be incorporated in this order and shall continue in 

effect.

Section 2

All rules and regulations issued or continued in effect by the Secretary of Co

the authority of the Export Administration Act of 1979, as amended, in

published in Title 15, Chapter III, Subchapter C, of the Code of Federal Reg

768 to 799 inclusive, and all orders, regulations, licenses, and ot

administrative action issued, taken, or continued in effect pursuant there

amended or revoked by the Secretary of Commerce, remain in full force a

same as if issued or taken pursuant to this order, except that the provisio

203(b)(2) and 206 of the Act (50 U.S.C. 1702(b)(2) and 1705) shall con

inconsistent provisions in the regulations. Nothing in this section shall affect 

applicability of administrative sanctions provided for by the regulations de

Section 3

Provisions for administration of section 38(e) of the Arms Export Control A

2778(e)) may be made and shall continue in full force and effect until amend

under the authority of section 203 of the Act (50 U.S.C. 1702). To the exten

law, this order also shall constitute authority for the issuance and continuatio

and effect all rules and regulations by the President or his delegate, and all or

and other forms of administrative action issued, taken, or continued in e

thereto, relating to the administration of section 38(e).

––––––––

1 50 App. U.S.C.A. section 2403 nt. 2 50 App. U.S.C.A. section 2401 nt.
1990, and shall remain in effect until terminated. It is my intention to termi

upon the enactment into law of a bill reauthorizing the authorities contained 

Administration Act.

THE WHITE HOUSE

September 30, 1990
Source: The provisions of Executive Order 12114 of Jan. 4, 1979, appear a

3 CFR, 1979 Comp., p. 356, unless otherwise noted.

By virtue of the authority vested in me by the Constitution and the laws 

states, and as President of the United States, in order to further environmen

consistent with the foreign policy and national security policy of the Unit

ordered as follows:

Section 1

1-1. Purpose and Scope. The purpose of this Executive Order is to enab

officials of Federal agencies having ultimate responsibility for authorizing 

actions encompassed by this Order to be informed of pertinent 

considerations and to take such considerations into account, with o

considerations of national policy, in making decisions regarding such action

on independent authority, this Order furthers the purpose of the National E

Policy Act and the Marine Protection Research and Sanctuaries Act and t

Port Act consistent with the foreign policy and national security policy 

States, and represents the United States government's exclusive a

determination of the procedural and other actions to be taken by Feder

further the purpose of the National Environmental Policy Act, with r

environment outside the United States, its territories and possessions.

Section 2

2-1. Agency Procedures. Every Federal agency taking major Federal actions 

hereby and not exempted herefrom having significant effects on the enviro

the geographical borders of the United States and its territories and pos

within eight months after the effective date of this Order have in effect 

implement this Order. Agencies shall consult with the Department of State a

on Environmental Quality concerning such procedures prior to placing them 

2-2. Information Exchange. To assist in effectuating the foregoing 

Department of State and the Council on Environmental Quality in collaborat

interested Federal agencies and other nations shall conduct a program for 

continuing basis of information concerning the environment. The obje

program shall be to provide information for use by decisionmakers, to heigh

of and interest in environmental concerns and, as appropriate, to facilitate 

cooperation with foreign nations.

2-3. Actions Included. Agencies in their procedures under Section 2-1 s

procedures by which their officers having ultimate responsibility for 

approving actions in one of the following categories encompassed by this O

consideration in making decisions concerning such actions, a document 

Section 2-4(a): 

(a) major Federal actions significantly affecting the environment of the glo

outside the jurisdiction of any nation (e.g., the oceans or Antarctica); 

(b) major Federal actions significantly affecting the environment of a fore

participating with the United States and not otherwise involved in the actio

(c) major Federal actions significantly affecting the environment of a foreign 

provide to that nation:

(1) a product, or physical project producing a principal product or 

effluent, which is prohibited or strictly regulated by Federal law 

States because its toxic effects on the environment create a serious 

risk; or 

(2) a physical project which in the United States is prohibited or str

by Federal law to protect the environment against radioactive subs
protection under this subsection by the President, or, in the case of su

protected by international agreement binding on the United States, by th

State. Recommendations to the President under this subsection shall be ac

the views of the Council on Environmental Quality and the Secretary of Sta

2-4. Applicable Procedures. (a) There are the following types of document

connection with actions described in Section 2-3: 

(i) environmental impact statements (including generic, program 

statements); 

(ii) bilateral or multilateral environmental studies, relevant or 

proposed action, by the United States and one or more foreign nat

international body or organization in which the United States is 

participant; or 

(iii) concise reviews of the environmental issues involve

environmental assessments, summary environmental analys

appropriate documents. 

(b) Agencies shall in their procedures provide for preparation of document

Section 2-4(a), with respect to actions described in Section 2-3, as follows: 

(i) for effects described in Section 2-3(a), an environmental imp

described in Section 2-4(a)(i); 

(ii) for effects described in Section 2-3(b), a document described 

4(a)(ii) or (iii), as determined by the agency; 

(iii) for effects described in Section 2-3(c), a document described 

4(a)(ii) or (iii), as determined by the agency; 

(iv) for effects described in Section 2-3(d), a document described 

4(a)(i), (ii) or (iii), as determined by the agency. 

Such procedures may provide that an agency need not prepare a n

when a document described in Section 2-4(a) already exists. 

(c) Nothing in this Order shall serve to invalidate any existing regulations 

which have been adopted pursuant to court order or pursuant to judicial set

case or to prevent any agency from providing in its procedures for measur

to those provided for herein to further the purpose of the National Environ

Act and other environmental laws, including the Marine Protection 

Sanctuaries Act and the Deepwater Port Act, consistent with the foreign 

security policies of the United States. 

(d) Except as provided in Section 2-5(b), agencies taking action encomp

Order shall, as soon as feasible, inform other Federal agencies with relevan

the availability of environmental documents prepared under this Order. 

Agencies in their procedures under Section 2-1 shall make appropriate 

determining when an affected nation shall be informed in accordance with 

this Order of the availability of environmental documents prepared purs

procedures. 

In order to avoid duplication of resources, agencies in their procedures sha

appropriate utilization of the resources of other Federal agencies 

environmental jurisdiction or expertise. 

2-5. Exemptions and Considerations. (a) Notwithstanding Section 2-3, 

actions are exempt from this Order: 

(i) actions not having a significant effect on the environment outs

States as determined by the agency; 

(ii) actions taken by the President; 

(iii) actions taken by or pursuant to the direction of the Preside

officer when the national security or interest is involved or wh

occurs in the course of an armed conflict; 

(iv) intelligence activities and arms transfers; 
utilization facility as defined in the Atomic Energy Act of 1954, a

a nuclear waste management facility; 

(vi) votes and other actions in international conferences and organ

(vii) disaster and emergency relief action. 

(b) Agency procedures under Section 2-1 implementing Section 2-4 ma

appropriate modifications in the contents, timing and availability of docum

affected Federal agencies and affected nations, where necessary to: 

(i) enable the agency to decide and act promptly as and when requ

(ii) avoid adverse impacts on foreign relations or infringeme

appearance of other nations' sovereign responsibilities, or 

(iii) ensure appropriate reflection of: 

(1) diplomatic factors; 

(2) international commercial, competitive and export promotion fa

(3) needs for governmental or commercial confidentiality; 

(4) national security considerations; 

(5) difficulties of obtaining information and agency ability 

meaningfully environmental effects of a proposed action; and 

(6) the degree to which the agency is involved in or able to affec

be made.

(c) Agency procedure under Section 2-1 may provide for categorical exclu

such exemptions in addition to those specified in subsection (a) of this Sect

necessary to meet emergency circumstances, situations involving excep

policy and national security sensitivities and other such special circumstanc

such additional exemptions agencies shall, as soon as feasible, con

Department of State and the Council on Environmental Quality. 

(d) The provisions of Section 2-5 do not apply to actions described in Section 

permitted by law. 

Section 3

3-1. Rights of Action. This Order is solely for the purpose of establi

procedures for Federal agencies to consider the significant effects of their 

environment outside the United States, its territories and possessions, and n

Order shall be construed to create a cause of action.

3-2. Foreign Relations. The Department of State shall coordinate all comm

agencies with foreign governments concerning environmental agreeme

arrangements in implementation of this Order.

3-3. Multi-Agency Actions. Where more than one Federal agency is involve

or program, a lead agency, as determined by the agencies involve

responsibility for implementation of this Order.

3-4. Certain Terms. For purposes of this Order, “environment” means th

physical environment and excludes social, economic and other environm

action significantly affects the environment if it does significant harm to th

even though on balance the agency believes the action to be beneficial to the 

The term “export approvals” in Section 2-5(a)(v) does not mean or include 

finance exports.

3-5. Multiple Impacts. If a major Federal action having effects on the envir

United States or the global commons requires preparation of an environm

statement, and if the action also has effects on the environment of a fore

environmental impact statement need not be prepared with respect to the 

environment of the foreign nation. 



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Nuclear Non Proliferation and Export Licensing Statutes

Selected Treaties, Agreements, and Implementing Legislation

Miscellaneous International Legislation and Executive Orders
NUREG-0980 Nuclear Regulatory Legislation 

Vol. 3, No. 11 113th Congress; 2nd Session