252.204-7010 Requirement for Contractor to

Notify DoD if the Contractors Activities are

Subject to Reporting Under the U.S.-

International Atomic Energy Agency

Additional Protocol.

As prescribed in 204.470-3 , use the following clause:

REQUIREMENT FOR CONTRACTOR TO NOTIFY DOD IF THE CONTRACTOR’S ACTIVITIES ARE

SUBJECT TO REPORTING UNDER THE U.S.-INTERNATIONAL ATOMIC ENERGY AGENCY

ADDITIONAL PROTOCOL (JAN 2009)

(a) If the Contractor is required to report any of its activities in accordance with Department of

Commerce regulations (15 CFR Part 781 et seq.) or Nuclear Regulatory Commission regulations (10

CFR Part 75) in order to implement the declarations required by the U.S.-International Atomic

Energy Agency Additional Protocol (U.S.-IAEA AP), the Contractor shall—

(1) Immediately provide written notification to the following DoD Program Manager:

[Contracting Officer to insert Program Manager’s name, mailing address, e-mail address, telephone

number, and facsimile number];

(2) Include in the notification—

(i) Where DoD contract activities or information are located relative to the activities or information

to be declared to the Department of Commerce or the Nuclear Regulatory Commission; and

(ii) If or when any current or former DoD contract activities and the activities to be declared to the

Department of Commerce or the Nuclear Regulatory Commission have been or will be co-located or

located near enough to one another to result in disclosure of the DoD activities during an IAEA

inspection or visit; and

(3) Provide a copy of the notification to the Contracting Officer.

(b) After receipt of a notification submitted in accordance with paragraph (a) of this clause, the DoD

Program Manager will—

(1) Conduct a security assessment to determine if and by what means access may be granted to the

IAEA; or

(2) Provide written justification to the component or agency treaty office for a national security

exclusion, in accordance with DoD Instruction 2060.03, Application of the National Security

Exclusion to the Agreements Between the United States of America and the International Atomic

Energy Agency for the Application of Safeguards in the United States of America. DoD will notify the

Contractor if a national security exclusion is applied at the Contractor’s location to prohibit access

by the IAEA.
(c) If the DoD Program Manager determines that a security assessment is required—

(1) DoD will, at a minimum—

(i) Notify the Contractor that DoD officials intend to conduct an assessment of vulnerabilities to

IAEA inspections or visits;

(ii) Notify the Contractor of the time at which the assessment will be conducted, at least 30 days

prior to the assessment;

(iii) Provide the Contractor with advance notice of the credentials of the DoD officials who will

conduct the assessment; and

(iv) To the maximum extent practicable, conduct the assessment in a manner that does not impede

or delay operations at the Contractor’s facility; and

(2) The Contractor shall provide access to the site and shall cooperate with DoD officials in the

assessment of vulnerabilities to IAEA inspections or visits.

(d) Following a security assessment of the Contractor’s facility, DoD officials will notify the

Contractor as to—

(1) Whether the Contractor’s facility has any vulnerabilities where potentially declarable activities

under the U.S.-IAEA AP are taking place;

(2) Whether additional security measures are needed; and

(3) Whether DoD will apply a national security exclusion.

(e) If DoD applies a national security exclusion, the Contractor shall not grant access to IAEA

inspectors.

(f) If DoD does not apply a national security exclusion, the Contractor shall apply managed access to

prevent disclosure of program activities, locations, or information in the U.S. declaration.

(g) The Contractor shall not delay submission of any reports required by the Department of

Commerce or the Nuclear Regulatory Commission while awaiting a DoD response to a notification

provided in accordance with this clause.

(h) The Contractor shall incorporate the substance of this clause, including this paragraph (h), in all

subcontracts that are subject to the provisions of the U.S.-IAEA AP.

(End of clause)

Parent topic: 252.204 RESERVED