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RS 0.732.011 Status of the International Atomic Energy Agency of 26 October 1956 (with annex)

Original Language Title: RS 0.732.011 Statut de l’Agence internationale de l’énergie atomique du 26 octobre 1956 (avec annexe)

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0.732.011

Original text

Status of the International Atomic Energy Agency

Conclu in New York on 26 October 1956

Approved by the Federal Assembly on March 18, 1957 1

Instrument of ratification deposited by Switzerland on 5 April 1957

Entered into force for Switzerland on 29 July 1957

(State on 21 January 2016)

Art. I Creation of the Agency

The Parties to this Statute shall establish an International Atomic Energy Agency (hereinafter referred to as "the Agency") , on the basis and conditions defined below.

Art. II Objectives

The Agency strives to accelerate and increase the contribution of atomic energy to peace, health and prosperity around the world. It shall ensure, to the extent of its means, that the aid provided by itself or on its request or under its direction or under its control is not used in such a way as to serve military purposes.

Art. III Functions

A. The Agency has the following responsibilities:

1.
To encourage and facilitate, throughout the world, the development and practical use of atomic energy for peaceful purposes and research in this field; if invited, to act as an intermediary in order to obtain from one of its members To provide to another member of the services, products, equipment or facilities; and to carry out all operations or services of a nature to contribute to the development or practical use of atomic energy in Peaceful purposes or research in this area;
2.
To provide, in accordance with this Statute, the provision of the goods, services, equipment and facilities necessary for the development and practical use of atomic energy for peaceful purposes, including production And research in this field, taking due account of the needs of the underdeveloped regions of the world;
3.
Promote the exchange of scientific and technical information on the peaceful use of atomic energy;
4.
To develop exchanges and training of scientists and specialists in the field of the peaceful use of atomic energy;
5.
To establish and implement measures to ensure that special fissionable and other products, services, equipment, facilities and information provided by the Agency or at its request or under its direction or under its direction Shall not be used for military purposes; and to extend the application of such guarantees, at the request of the parties, to any bilateral or multilateral agreement or, at the request of a State, to any of the activities of that State In the field of atomic energy;
6.
To establish or adopt, in consultation and, where appropriate, in cooperation with the relevant organs of the United Nations and the specialized agencies concerned, safety standards to protect and minimise health Dangers to which people and goods are exposed (including such standards for working conditions); to make arrangements to apply these standards to its own operations, as well as to operations that involve use Products, services, equipment, facilities and information provided by The Agency or at its request or under its direction or under its control; and to make arrangements to apply those standards, at the request of the parties, to operations under a bilateral or multilateral agreement or, at the request of a State, to The activities of that State in the field of atomic energy;
7.
Acquiring or implementing the facilities, equipment and equipment necessary for the exercise of its powers, when the facilities, equipment and equipment that it may otherwise dispose of in the region concerned are Or are available only on conditions which it considers unsatisfactory.

B. In carrying out its duties, the Agency shall:

1.
Acts in accordance with the purposes and principles adopted by the United Nations with a view to promoting international peace and cooperation, in accordance with the policy pursued by the United Nations to achieve a guaranteed universal disarmament and in accordance with Any international agreement entered into pursuant to that policy;
2.
Establishes control over the use of special fissile material received by it, in order to ensure that such products are for peaceful purposes only;
3.
Allocates its resources so as to ensure their efficient and effective use in all regions of the world, taking into account the special needs of underdeveloped regions;
4.
Address annual reports on its work to the General Assembly of the United Nations and, where appropriate, to the Security Council. If issues that are within the competence of the Security Council arise in the framework of the work of the Agency, the Security Council shall refer the matter to the Security Council, which is the primary responsibility for the maintenance of peace and International security; it may also take the measures permitted by this Statute, in particular those laid down in s. C of art. XII;
5.
Address to the Economic and Social Council and other United Nations bodies reports on questions of their competence.

C. In carrying out these functions, the Agency shall not make the assistance it grants to its members subject to political, economic, military or other conditions incompatible with the provisions of this Statute.

D. Subject to the provisions of this Statute and those of agreements concluded between it and a State or a group of States in accordance with the provisions of this Statute, the Agency shall carry out its functions in accordance with the sovereign rights of States.

Art. IV Members

A. The founding members of the Agency shall be those of the States Members of the United Nations or of a specialized institution which sign this Statute within ninety days after the date on which it is open for signature, and which file a Instrument of ratification.

B. The other members of the Agency shall be the States which, Members or non-Members of the United Nations or of a specialized agency, deposit an instrument of acceptance of this Statute, once approved by the General Conference on the Recommendation of the Board of Governors. In recommending and approving the admission of a State, the Governing Council and the General Conference shall ensure that the State is able to fulfil the obligations incumbent upon the members of the Agency and prepared to do so, with due regard The capacity and desire to act in accordance with the purposes and principles of the Charter of the United Nations 1 .

C. The Agency shall be based on the principle of the sovereign equality of all its members and, in order to ensure all the rights and privileges arising out of the membership of the Agency, each is required to fulfil in good faith the obligations assumed by the Agency. Under this Statute.


Art. V General Conference

A. A General Conference, composed of representatives of all members of the Agency, meets annually in ordinary session and holds the extraordinary sessions that the Director General may convene at the request of the Board of Governors or The majority of members. Sessions shall be held at the headquarters of the Agency, unless the General Conference decides otherwise.

B. Each member shall be represented at the sessions by a delegate who may be accompanied by alternates and advisers. The travel and subsistence expenses of each delegation shall be borne by the member concerned.

C. The General Conference shall elect, at the beginning of each session, its President and the other members of its Bureau. They remain in office for the duration of the session. The General Conference shall, subject to the provisions of this Statute, establish its rules of procedure. Each member of the Agency shall have one vote. Decisions on matters referred to in s. H of Art. XIV, para. C of art. XVIII and paras. B of the art. XIX shall be taken by a two-thirds majority of the members present and voting. Decisions on other matters, including the determination of new questions or categories of questions to be decided by a two-thirds majority, shall be taken by a majority of the members present and voting. A majority of members shall constitute a quorum.

D. The General Conference may discuss any matters or matters which fall within the scope of this Statute or relate to the powers and functions of any of the bodies provided for in this Statute, and to do so on such matters or matters Recommendations to the members of the Agency, the Board of Governors or both the members of the Agency and the Governing Council.

E. The General Conference:

1.
Shall elect the members of the Board of Governors in accordance with Art. I;
2.
Approves the admission of new members in accordance with s. IV;
3.
Suspends privileges and rights of a member in accordance with s. XIX;
4.
Reviews the annual report of the Board;
5.
Pursuant to s. XIV, adopts the budget of the Agency recommended by the Council or refers it to the Council with its recommendations on the whole or part of that budget, for the Council to submit it to the Council again;
6.
Approves the reports to be sent to the United Nations, as provided for in the agreement establishing the relations between the Agency and the United Nations, with the exception of the reports referred to in para. C of art. XII, or refer them to the Council with its recommendations;
7.
Approves any agreement or arrangement between the Agency and the United Nations or other organizations as provided for in s. XVI, or refer them to the Council with its recommendations, for further submission to the Council;
8.
Approves the rules and restrictions under which the Council may borrow, in accordance with subs. G of art. XIV; approves the rules under which the Agency may accept voluntary contributions; and approves, in accordance with s. F of art. XIV, the use that may be made of the general fund referred to in that paragraph;
9.
Approves the amendments to this Statute, in accordance with paragraph 2. C of art. XVIII;
10.
Approves the appointment of the Director General, in accordance with s. A of art. VII.

F. The General Conference is entitled to:

1.
Rule on any matter expressly before the Governing Council for that purpose;
2.
Subject matters to the Council's consideration and invite them to submit reports on any matter relating to the functions of the Agency.
Art. VI Board of Governors

A. 1 The Governing Council shall be composed as follows:

1.
The outgoing Board of Governors designates as members of the Board the ten most advanced members of the Agency in the field of atomic energy technology, including the production of raw materials, and the most advanced Member in the The field of Atomic Energy Technology, including the production of raw materials, in each of the following regions where none of the above ten Members is located:
(1)
North America
(2)
Latin America
(3)
Western Europe (4) Eastern Europe
(5)
Africa
(6)
Middle East and South Asia
(7)
Southeast Asia and the Pacific
(8)
Far East
2.
The General Conference shall elect to the Governing Council:
(a)
Twenty members of the Agency, taking due account of a fair representation, in the Council as a whole, of the Members of the regions mentioned in para. A-1 of this Article, so that the Council shall at all times include in this category five representatives of the region "Latin America", four representatives of the region "Western Europe", three representatives of the Eastern Europe region, Four representatives from the Africa region, two representatives from the Middle East and South Asia region, a representative from the region "South East Asia and the Pacific" and a representative from the Far East region. No member of this category may, at the expiration of his or her term of office, be re-elected in this category for a new term of office;
(b)
Another member from the following regions: Middle East and South Asia Southeast Asia and Pacific Far East;
(c)
Another member from the following regions: Africa Middle East and South Asia South East Asia and the Pacific;

B. 2 The designations provided for in para. A-1 of this Article shall take place no later than 60 days before the ordinary annual session of the General Conference.

The elections provided for in para. A-2 of this article shall take place during the ordinary annual sessions of the General Conference.

C. 3 Members represented on the Board of Governors pursuant to para. A-1 of this article shall carry out their functions at the end of the ordinary annual session of the General Conference following their designation at the end of the next ordinary session of the General Conference.

D. 4 The members represented on the Board of Governors in accordance with paragraph A-2 of this article shall carry out their functions at the end of the ordinary session of the General Conference in which they are elected at the end of the second Regular annual session of the General Conference.

E. Each member of the Governing Council shall have one vote. Decisions on the amount of the Agency's budget shall be taken by a two-thirds majority of the members present and voting, as provided for in para. H of Art. XIV. Decisions on other matters, including the determination of new questions or categories of questions to be decided by a two-thirds majority, shall be taken by a majority of the members present and voting. The quorum shall be two thirds of the members of the Council.

F. The Governing Council shall be entitled to perform the functions of the Agency in accordance with this Statute, subject to its responsibilities to the General Conference, as defined in this Statute.

G. The Governing Council shall meet whenever it deems necessary. Its meetings shall be held at the headquarters of the Agency, unless the Council decides otherwise.

H. The Governing Council shall elect from among its members a President and the other members of its Bureau and, subject to the provisions of this Statute, shall establish its rules of procedure.

I. The Governing Council may establish the committees it deems appropriate. It may designate individuals to represent it to other organizations.

J. The Governing Council shall draw up an annual report for the General Conference on the affairs of the Agency and on all projects approved by the Agency. The Council shall also prepare, for submission to the General Conference, any reports that the Agency is or may be called upon to do at the United Nations or any other organization whose activity is related to that of the Agency. These documents, together with the annual reports, shall be submitted to the members of the Agency at least one month before the ordinary annual session of the General Conference.


1 New content approved by the Agency's General Conference on 27 September. 1984 and by the Ass. Fed. June 13, 1986, in force for Switzerland since 28 Dec. 1989 (RO 1990 566,565; FF 1985 II 157).
2 New content approved by the Agency's General Conference on 28 September. 1970 and by the Ass. Fed. On 5 June 1973, in force for Switzerland since 1 Er June 1973 (RO 1973 1194 1193; FF 1972 II 1369).
3 New content approved by the Agency's General Conference on 28 September. 1970 and by the Ass. Fed. On 5 June 1973, in force for Switzerland since 1 Er June 1973 (RO 1973 1194 1193; FF 1972 II 1369).
4 New content approved by the Agency's General Conference on 28 September. 1970 and by the Ass. Fed. On 5 June 1973, in force for Switzerland since 1 Er June 1973 (RO 1973 1194 1193; FF 1972 II 1369).

Art. VII Staff

A. Agency staff is headed by a Director General. The Director-General shall be appointed by the Governing Council for a period of four years, with the approval of the General Conference. He is the Agency's most senior official.

B. The Director-General shall be responsible for the commitment, organisation and management of staff and shall be placed under the authority of the Governing Council and subject to its control. It shall carry out its functions in accordance with the regulations adopted by the Council.

C. Staff shall include specialists in scientific and technical matters and other qualified personnel who are necessary for the achievement of the objectives and the performance of the functions of the Agency. The Agency is guided by the principle that the workforce of its permanent staff must be kept to a minimum.

D. The dominant consideration in recruitment, employment and the establishment of the conditions of service of staff must be to provide the Agency with the services of officials with the highest quality of work, technical competence and Of integrity. Subject to this consideration, due account shall be taken of the contributions of members to the Agency and the importance of recruitment carried out on as wide a geographical basis as possible.

E. The conditions of commitment, remuneration and dismissal of staff shall be in accordance with the regulations adopted by the Governing Council subject to the provisions of this Statute and the general rules approved by the Conference The recommendation of the Council.

F. In the performance of their duties, the Director General and staff shall neither seek nor take instructions from any source outside the Agency. They shall refrain from any action incompatible with their position as officials of the Agency; subject to their responsibilities to the Agency, they shall not disclose any manufacturing secrets or other confidential information of which they would have Knowledge due to the official duties they perform on behalf of the Agency. Each member undertakes to respect the international character of the functions of the Director General and staff and not to seek to influence them in the performance of their duties.

G. In this article, the term "personnel" also refers to guards.

Art. VIII Exchange of information

A. It is recommended that each member make available to the Agency information that may, in his or her opinion, be useful to the Agency.

B. Each member shall make available to the Agency all scientific information that is the result of assistance granted by the Agency under s. XI.

C. The Agency shall assemble and make available to its members, in an accessible form, the information it has received under subs. A and B of this article. It takes positive steps to encourage the exchange, among its members, of information on the nature and use of atomic energy for peaceful purposes, and, to that end, serves as an intermediary between its members.

Art. IX Supply of products

A. Members may make available to the Agency the quantities of special fissionable products they deem appropriate, on terms agreed with the Agency. The products made available to the Agency may, at the discretion of the member providing them, be stored either by the member concerned or, with the consent of the Agency, in the warehouses of the Agency.

B. Members may also make available to the Agency raw materials as defined in s. XX, and other materials. The Board of Governors shall determine the quantities of these substances which the Agency will accept under the agreements provided for in Art. XIII.

C. Each member shall make known to the Agency the quantities, form and composition of the special fissile material, raw materials and other materials that it is prepared, in accordance with its laws, to be made available to the Agency immediately or to the Agency Of a period fixed by the Governing Council.

D. At the request of the Agency, any member shall, without delay, deliver to another member or a group of members the quantities of products, taken from the products it has made available to the Agency, which the Agency specifies, and deliver without delay. Delays to the Agency itself the quantities of products that are actually necessary for the operation of the Agency's facilities and for the continuation of scientific research in these facilities.

E. The quantities, form and composition of products supplied by a member may be amended at any time by that member with the approval of the Governing Council.

F. A first notification under s. C of this Article shall be made within three months after the entry into force of this Staff Regulations in respect of the member concerned. Unless otherwise decided by the Governing Council, the first products supplied shall be for the calendar year following the year in which this Statute enters into force in respect of the member concerned. Subsequent notifications shall likewise apply, unless the Council decides otherwise, for the calendar year following the notification and must be made on 1 Er November of each year.

G. The Agency shall specify the place and mode of delivery and, where appropriate, the form and composition of the products which it invites a member to deliver by taking it out of the quantities that the member has declared ready to supply. The Agency also conducts verification of the quantities of products delivered and periodically informs members.

H. The Agency is responsible for the storage and protection of products in its possession. The Agency must ensure that these products are protected against:

1)
Inclement weather;
2)
Unauthorized removal or diversion;
3)
Damage and destruction, including sabotage;
4)
Seizure by force. In the storage of fissile material in its possession, the Agency shall ensure that the geographical distribution of such products is appropriate to avoid the accumulation of large stocks in any country or region of the world.

I. The Agency shall, as soon as possible, establish or acquire what it deems necessary in fact to:

1.
Equipment, equipment and facilities for the receipt, storage and distribution of products;
2.
Means of protection;
3.
Adequate health measures and safety measures;
4.
Control laboratories for the analysis and verification of the products received;
5.
Housing and administrative buildings for the staff required by the above.

J. The products supplied under this Article shall be used in the manner laid down by the Governing Council in accordance with the provisions of this Statute. No member may require that the products he or she provide to the Agency be set aside or designate a special project to which these products should be used.

Art. X Services, Equipment and Facilities

Members may make available to the Agency the services, equipment and facilities that are such as to assist in the achievement of its objectives and in the performance of its functions.

Art. XI Agency Projects

A. Any member or group of members of the Agency who wishes to undertake a project relating to the development or practical application of atomic energy for peaceful purposes or research in this field may rely on the assistance of the Agency in To obtain special fissionable products and other products, as well as the services, equipment and facilities necessary to carry out this project. Any such request, which shall be accompanied by an explanatory memorandum on the purpose and scope of the project, shall be submitted for consideration by the Governing Council.

B. The Agency may also assist any member or group of members, on its request, to enter into arrangements for obtaining from outside sources the financial means necessary for the implementation of such projects. In providing this assistance, the Agency is not required to provide guarantees or assume any financial responsibility for the project.

C. The Agency may provide for the provision, by one or more of its members, of all products, services, equipment and facilities necessary for the project, or it may itself supply them directly, in whole or in part, taking into account the wishes The member or members who requested assistance.

D. For the purpose of examining the application, the Agency may send to the territory of the member or group of members who sought assistance one or more qualified persons to study the proposed undertaking. For this purpose, the Agency may, with the consent of the member or group of members making the request, either use its own officials or employ all nationals of one of its members who possess the required titles.

E. Before approving a project under this Article, the Governing Council shall give due consideration to:

1.
The usefulness of the project, including its scientific and technical feasibility;
2.
The existence of adequate plans, sufficient funds and qualified technical staff to ensure the proper implementation of the project;
3.
The existence of adequate health rules and safety rules for the handling and storage of products and for the operation of installations;
4.
The inability of the member or group of members to obtain the necessary financial means, products, facilities, equipment and services;
5.
Equitable distribution of products and other resources available to the Agency;
6.
The special needs of underdeveloped regions of the world;
7.
Any other relevant matters.

F. Upon approval of a project, the Agency shall conclude, with the member or group of members who submitted the project, an agreement which shall:

1.
Provide for the allocation to this project of any special fissile material and other products that may be required;
2.
Provide for the transfer of special fissile material from the place of storage, be it products in the custody of the Agency or the member who provides them for the projects of the Agency, to the member or group of members submitting the project, in Conditions that are appropriate to ensure the safety of any delivery required and in accordance with health standards and safety standards;
3.
Define the conditions, including prices, to which all products, services, equipment and installations are supplied by the Agency itself and, if such products, services, equipment and installations are to be supplied by a member, state the Conditions agreed between the member or group of members submitting the project and the member providing the aid;
4.
Provide for the undertaking by the member or group of members submitting the project: (a) that the assistance granted will not be used for military purposes; and (b) that the project will be subject to the guarantees provided for in s. XII, as the relevant safeguards are specified in the agreement;
5.
Provide for appropriate measures in respect of the rights and interests of the Agency and of the member or members concerned for any inventions or discoveries, or any patents relating thereto, arising from the project;
6.
Provide for appropriate dispute resolution measures;
7.
Understand any other provisions deemed appropriate.

G. The provisions of this Article shall also apply, where appropriate, to any request for products, services, installations or equipment relating to a project already in progress.

Art. XII Agency Safeguards

A. For any project of the Agency, or any other arrangement in which the Agency is invited by interested parties to apply guarantees, the Agency has the following responsibilities and rights, to the extent that they apply to this project or Arrangement:

1.
Review plans for specialized facilities and equipment, including nuclear reactors, and approve them only to ensure that they will not be used for military purposes, that they meet health standards and standards Security requirements, and that they will be effective in applying the safeguards provided for in this article;
2.
Require the application of all health measures and safety measures prescribed by the Agency;
3.
Require the maintenance and presentation of transaction records to facilitate the accounting of the raw materials and special fissile materials used or produced in the project or arrangement;
4.
Request and receive progress reports;
5.
Approve the procedures to be used for the chemical treatment of irradiated materials, solely to ensure that this chemical treatment is not suitable for the diversion of products that can be used for military purposes and conforms to standards Applicable health and safety standards; require that special fissile material recovered or obtained as a by-product be used for peaceful purposes, under the continuous guarantee of the Agency, for research work or Reactors, existing or under construction, that will be specified by the member or members Require that any surplus of special fissile material recovered or obtained as by-products in excess of the quantities necessary for the above uses be deposited with the Agency in order to avoid the storage of such products Provided that, thereafter, the special fissile material so deposited with the Agency is returned without delay to the member or interested members, on their application, to be used by them under the conditions specified above;
6.
Send to the territory of the State or the beneficiary States of the inspectors designated by the Agency after consultation with the State or the States concerned, which, at any time, will have access to any place, to any person who, by his or her occupation, takes care of Products, equipment or installations that are to be controlled under this status, and to all information, necessary for the accounting of the raw materials and special fissionable products supplied and of all products To ensure that there is no violation or commitment of non-use for purposes Referred to in para. F-4 of Art. XI, nor the health measures and safety measures mentioned in para. A-2 of this Article, or any other condition prescribed in the agreement between the Agency and the State or States concerned. If the State concerned so requests, the inspectors appointed by the Agency shall be accompanied by representatives of the authorities of that State, provided that the inspectors are not thereby delayed or otherwise impeded in the performance of their duties;
7.
If the State or the beneficiary States fail to take, within a reasonable period of time, the corrective measures requested, the Agency shall have the right to interrupt its aid or to terminate it, and to resume all products and Equipment provided by it or by a member in execution of the project.

B. The Agency is, as required, a body of inspectors. These inspectors are responsible for examining all the operations carried out by the Agency itself to ensure that the Agency complies with the health measures and safety measures it has prescribed for their application to projects submitted to its Approval, direction or control, and that the Agency takes all necessary measures to prevent the use of raw materials and special fissionable products from which it has custody, or that are used or produced in the course of its own Operations, are not used for military purposes. The Agency shall make arrangements to immediately terminate any breach or breach of the obligation to take appropriate action.

C. The body of inspectors is also responsible for the presentation and verification of the accounts referred to in para. A-6 of this article, and to decide whether the undertaking referred to in para. F-4 of Art. XI, the provisions referred to in para. A-2 of this Article and all other conditions of the project laid down in the agreement between the Agency and the State or States concerned shall be observed. Inspectors shall report any violation to the Director General, who shall transmit their report to the Board of Governors. The Council urges the State or the beneficiary states to put an immediate end to any violations found to exist. The Council shall bring this violation to the attention of all members and shall refer the matter to the Security Council and the General Assembly of the United Nations. If the State or the beneficiary States do not take reasonable measures to put an end to this violation within a reasonable period of time, the Council may take one of two measures or one of the following: Reduced or interrupted aid granted by the Agency or by a member, and request the return of the products and equipment made available to the member or group of beneficiary members. The Agency may also, under s. XIX, deprive an infringing member of the exercise of the privileges and rights inherent in the membership.

Art. XIII Member Reimbursement

Unless otherwise agreed between the Governing Council and the Member providing the Agency with products, services, equipment or installations, the Governing Council shall conclude an agreement with that Member providing for the Refund of items provided.

Art. XIV Financial provisions

A. The Governing Council shall submit to the General Conference every year a draft budget showing the expenditure of the Agency. In order to facilitate the work of the Council in this regard, the Director-General is preparing this draft budget. If the General Conference does not approve the draft, it shall refer it to the Council together with its recommendations. The Council then submits a new draft to the General Conference for approval.

B. Agency expenditures are classified in the following categories:

1.
Administrative Expenses. These expenditures include:
A.
The personnel expenses of the Agency, other than those relating to the officers employed to deal with the goods, services, equipment and facilities referred to in para. B-2 below; cost of meetings; expenditure resulting from the preparation of Agency projects and the dissemination of information;
B.
Expenses incurred as a result of the application of the guarantees provided for in s. XII, as regards the projects of the Agency, or para. A-5 of Art. III, with respect to bilateral or multilateral agreements, as well as the handling and storage of special fissile material for the Agency, other than the storage and handling costs referred to in s. E below.
2.
Expenses, other than those referred to in para. 1 of this paragraph, relating to products, installations, equipment and equipment acquired or implanted by the Agency in the exercise of its powers, as well as the cost of products, services, equipment and installations Provided by the Commission under agreements with one or more of its members.

C. To stop the amount of expenses referred to in para. B-1, b, above, the Governing Council deducts recoverable amounts under agreements relating to the application of guarantees between the Agency and the parties to bilateral or multilateral agreements.

D. The Governing Council shall allocate among the members of the Agency the expenditure referred to in para. B-1 above, following a schedule set by the General Conference. In setting the scale, the General Conference is guided by the principles adopted by the United Nations with regard to the contributions of Member States to the regular budget of the Organization.

E. The Board of Governors shall periodically establish a fee schedule, including reasonable and uniform storage and handling charges, applicable to the products, services, equipment and facilities provided by the Agency to its Members. This schedule is designed to provide the Agency with sufficient revenue to cover the costs and expenses referred to in para. B-2 above, net of any voluntary contributions that the Governing Council may make under subs. F, decide to use for this purpose. Amounts collected under this schedule are transferred to a special fund that is used to pay any goods, services, equipment or facilities provided by the members and to settle any other costs referred to in para. B-2 above could be incurred by the Agency itself.

F. Any surplus of income under subs. E on the costs and expenses referred to in that paragraph and any contribution made voluntarily to the Agency shall be transferred to a general fund which may be used at the discretion of the Governing Council, with the consent of the General Conference.

G. Subject to the rules and restrictions approved by the General Conference, the Governing Council shall have the power to borrow on behalf of the Agency, without however imposing any liability on the members of the Agency in respect of Concerns such borrowings, and to accept voluntary contributions made available to the Agency.

H. Decisions of the General Conference on financial matters and the decisions of the Board of Governors on the amount of the Agency's budget shall be taken by a two-thirds majority of the members present and voting.

Art. XV Privileges and immunities

A. The Agency shall enjoy in the territory of each of its members the legal capacity and privileges and immunities necessary for it to carry out its functions.

B. The delegates of the members of the Agency and their alternates and advisers, the governors appointed to the Council and their alternates and advisers, the Director-General and the staff of the Agency shall enjoy the privileges and immunities which Are required to carry out their duties independently within the framework of the Agency.

C. The legal capacity and privileges and immunities referred to in this Article shall be defined in a separate agreement or agreements to be concluded between the Agency, represented for that purpose by the Director General acting in accordance with the Instructions from the Board of Governors and its members.

Art. XVI Relations with other organizations

A. The Governing Council, with the consent of the General Conference, has the authority to enter into an agreement or agreements establishing appropriate relations between the Agency and the United Nations and any other organizations whose activities are Report to the Agency.

B. The agreement or agreements establishing the Agency's relations with the United Nations provide that:

1.
The Agency shall submit the reports referred to in paras. B-4 and B-5 of Art. III;
2.
The Agency shall examine the relevant resolutions adopted by the General Assembly or one of the Councils of the United Nations and, when invited to do so, shall submit to the appropriate body of the United Nations reports on the measures taken by it or By its members, in accordance with this Statute, as a result of such a review.
Art. XVII Dispute Settlement

A. Any question or dispute concerning the interpretation or application of this Statute, which has not been settled by negotiation, shall be submitted to the International Court of Justice in accordance with the Statute of that Court 1 , unless the interested parties agree to another method of settlement.

B. The General Conference and the Governing Council shall be empowered, subject to the authorization of the General Assembly of the United Nations, to request the International Court of Justice to give an advisory opinion on all Legal question about the activity of the Agency.


Art. XVIII Amendments and withdrawals

A. Amendments to this Statute may be proposed by any member of the Agency. Certified true copies of the text of any proposed amendment shall be prepared by the Director General and communicated by him to all members, at least ninety days before the date on which the amendment is to be considered by the General Conference.

B. At the fifth annual session of the General Conference following the entry into force of this Statute, the issue of the general revision of the provisions of this Statute shall be included in the agenda of the session. If the majority of the members present and voting decides in favour of the revision, the revision will take place at the next session of the General Conference. Thereafter, the proposals concerning the issue of a general revision of this Statute may be submitted to the General Conference, which will decide, in accordance with the same procedure.

C. The amendments take effect in respect of all members when they are:

(i)
Approved by the General Conference by a two-thirds majority of the members present and voting, after consideration of the observations submitted by the Governing Council on each proposed amendment;
(ii)
Accepted by two-thirds of the members in accordance with their respective constitutional requirements. Acceptance shall be made by the deposit of an instrument of acceptance with the depositary government referred to in para. C of art. XXI.

D. At any time after the expiration of five years from the date on which the Statute entered into force under s. E of art. XXI, and at any time in which it is not prepared to accept an amendment to this Statute, a member of the Agency may withdraw upon giving written notice to the depositary government referred to in paragraph C of Art. XXI, which shall inform the Governing Council and all other members without delay.

E. The withdrawal of a member does not in any way alter its obligations under s. XI or its budgetary obligations for the year in which it withdraws.

Art. XIX Suspending privileges

A. Any member who is late in payment of his financial contributions to the Agency shall not participate in the vote in the Agency if the amount of its arrears equals or exceeds the amount of the contributions payable by the Agency for the two preceding years. The General Conference may, however, allow the member to participate in the vote if it finds that the failure is due to circumstances beyond its control.

B. If a member of the Agency persistently contravens the provisions of this Statute or any agreement concluded by it in accordance with this Statute, it may be deprived of the exercise of its privileges and rights by a decision of the General Conference taken by a two-thirds majority of the members present and voting, on the recommendation of the Governing Council.

Art. XX Definitions

For the purposes of this Statute:

1.
"Special fissile material" means plutonium 239, uranium 233; uranium-enriched uranium 235 or 233; any product containing one or more of the above isotopes; and such other fissile material as the Board of Governors Name from time to time. However, the term "special fissionable product" does not apply to raw materials.
2.
"Uranium enriched in uranium 235 or 233" means uranium containing either uranium 235 or uranium 233, either of the two isotopes in such quantities as the ratio of the sum of the two isotopes and the isotope 238 to be greater than Ratio of isotope 235 to isotope 238 in natural uranium.
3.
"Raw material" means uranium containing the mixture of isotopes in nature; uranium with a U 235 content below normal; thorium; all the materials mentioned above in metal form; Of alloying, chemical compounds or concentrates; any other material containing one or more of the materials referred to above at concentrations which the Governing Council shall determine from time to time; and such other matters as the Council of Governors will designate from time to time.
Art. XXI Signature, acceptance and entry into force

A. This Statute shall be open for signature by all Member States of the United Nations or one of the specialized agencies on 26 October 1956, and shall remain so for a period of ninety days.

B. The signatory States shall become party to this Statute by the deposit of an instrument of ratification.

C. Instruments of ratification of signatory States and instruments of acceptance of States whose admission has been approved under s. B of the art. IV of this Statute shall be deposited with the Government of the United States of America, which shall be the depositary government.

D. This status will be ratified or accepted by States in accordance with their respective constitutional requirements.

E. This Statute, independently of the Annex, will enter into force when eighteen States have deposited their instruments of ratification in accordance with paragraph 1. B of this Article, provided that among those eighteen States are at least three of the following States: Canada, France, the United Kingdom of Great Britain and Northern Ireland and the Union of Soviet Socialist Republics. The instruments of ratification and the instruments of acceptance deposited at a later date shall take effect on the date of their receipt.

F. The depositary government shall without delay inform all the signatory States of the present status of the date of the deposit of each instrument of ratification and of the date of entry into force of the Statute. The depositary government shall promptly inform all signatories and members of the dates upon which other States have become party to the Statute.

G. The Annex to this Statute shall enter into force on the first day on which the Staff Regulations are open for signature.

Art. XXII Registration with the United Nations

A. This status will be registered by the depositary government under Art. 102 of the United Nations Charter 1 .

B. Agreements concluded between the Agency and one or more of its members, agreements between the Agency and one or more other organisations and agreements concluded between the members subject to the approval of the Agency shall be registered with the The Agency. These agreements will be registered by the Agency with the United Nations if their registration is prescribed by Art. 102 of the United Nations Charter.


Art. XXIII Authentic texts and certified copies

The present status, in English, Chinese, French, Russian and Spanish, each text being equally authentic, shall be deposited in the archives of the depositary government. Duly certified copies shall be sent by it to the governments of the other signatory States and to the governments of the States admitted as members under s. B of the art. IV.

In witness whereof, The undersigned, duly authorized, have signed this Statute.

Done at United Nations Headquarters, twenty-six thousand nine thousand nine hundred and fifty-six.

Annex

Preparatory Commission

A. A Preparatory Commission will be created on the first day on which this status will be open for signature. It will be composed of one representative from each of Australia, Belgium, Brazil, Canada, France, India, Portugal, United Kingdom of Great Britain and Northern Ireland, Czechoslovakia, Union of Socialist Republics, United States of America. The International Conference on the Status of the International Atomic Energy Agency will appoint a representative of each of the six other states to be designated by the International Conference on the Status of Atomic Energy. The Preparatory Commission shall remain in office until the entry into force of this Statute and thereafter until the General Conference has met and a Board of Governors has been established in accordance with Art. Vl.

B. To meet its expenditure, the Preparatory Commission may request a loan from the United Nations and shall, with the relevant authorities of the United Nations, make all relevant provisions, including Provisions concerning repayment of the loan. If the loan is insufficient, the Preparatory Commission will be able to accept advances from Governments. These advances may be deducted from the contributions of governments interested in the Agency's budget.

C. The Preparatory Commission:

1.
Shall elect its Bureau, establish its rules of procedure, shall meet as often as necessary, select the place of its meetings and establish the committees it deems necessary;
2.
Appoint an Executive Secretary and recruit the necessary staff, whose powers and duties will be established;
3.
Take all relevant provisions for the first session of the General Conference, including a draft provisional agenda and draft rules of procedure, on the understanding that this session shall be held as soon as possible after The entry into force of this Statute;
4.
Appoint the members of the first Board of Governors in accordance with paras. A-1 and A-2 and paras. B of the art. Vl;
5.
Prepare, for the first session of the General Conference and the first meeting of the Board of Governors, studies, reports and recommendations on issues of concern to the Agency requesting a review Immediate, including:
A.
Agency funding,
B.
The programs and budget for the first year of operation of the Agency;
C.
Technical problems relating to the future operations of the Agency,
D.
The creation of a permanent secretariat for the Agency,
E.
The location of the Agency's permanent headquarters;
6.
Prepare, for the first meeting of the Governing Council, recommendations on the provisions of an agreement on the headquarters of the Agency, this agreement to define the legal position of the Agency and the reciprocal rights and obligations of the Agency. The Agency and the host State;
7. A. Initiate negotiations with the United Nations to prepare, in accordance with art. XVI of this Statute, a draft agreement to be submitted to the General Conference at its first session and to the Governing Council at its first meeting;
B.
Make recommendations to the General Conference, at its first session, and to the Board of Governors at its first meeting, on relations, which are discussed in art. XVI of this Statute, between the Agency and other international organizations.

Status January 21, 2016

Scope of application January 21, 2016 2

States Parties

Ratification

Accession (A)

Declaration of sucession (S)

Entry into force

Afghanistan

May 31

1957

July 29

1957

South Africa

6 June

1957

July 29

1957

Albania

August 23

1957

August 23

1957

Algeria

24 December

1963 A

24 December

1963

Germany

1 Er October

1957

1 Er October

1957

Angola

9 November

1999 A

9 November

1999

Antigua and Barbuda

14 October

2015 A

14 October

2015

Saudi Arabia

13 December

1962 A

13 December

1962

Argentina *

3 October

1957

3 October

1957

Armenia

27 September

1993 A

27 September

1993

Australia

July 29

1957

July 29

1957

Austria

10 May

1957

July 29

1957

Azerbaijan

30 May

2001 A

30 May

2001

Bahamas

7 January

2014 A

7 January

2014

Bahrain

23 June

2009 A

23 June

2009

Bangladesh

27 September

1972 A

27 September

1972

Barbados

20 November

2015 A

20 November

2015

Belarus

April 8

1957

July 29

1957

Belgium

29 April

1958

29 April

1958

Belize

March 31

2006 A

March 31

2006

Benin

26 May

1999 A

26 May

1999

Bolivia

15 March

1963

15 March

1963

Bosnia and Herzegovina

18 October

1995 A

18 October

1995

Botswana

20 March

2002 A

20 March

2002

Brazil

July 29

1957

July 29

1957

Brunei

18 February

2014 A

18 February

2014

Bulgaria

August 17

1957

August 17

1957

Burkina Faso

September 14

1998 A

September 14

1998

Burundi

24 June

2009 A

24 June

2009

Cambodia

23 November

2009 A

23 November

2009

Cameroon

July 13

1964 A

July 13

1964

Canada

July 29

1957

July 29

1957

Chile

19 September

1960

19 September

1960

China

1 Er January

1984

1 Er January

1984

Cyprus

7 June

1965 A

7 June

1965

Colombia

September 30

1960

September 30

1960

Congo (Brazzaville)

July 15

2009 A

July 15

2009

Congo, Kinshasa

10 October

1961 A

10 October

1961

Korea (South)

8 August

1957

8 August

1957

Costa Rica

25 March

1965

25 March

1965

Côte d' Ivoire

19 November

1963 A

19 November

1963

Croatia

12 February

1993 A

12 February

1993

Cuba

1 Er October

1957

1 Er October

1957

Denmark

July 16

1957

July 29

1957

Djibouti

6 March

2015 A

6 March

2015

Dominica

17 February

2012 A

17 February

2012

Egypt

4 September

1957

4 September

1957

El Salvador

22 November

1957

22 November

1957

United Arab Emirates

15 January

1976 A

15 January

1976

Ecuador

3 March

1958

3 March

1958

Eritrea

20 December

2002 A

20 December

2002

Spain

26 August

1957

26 August

1957

Estonia

31 January

1992 A

31 January

1992

United States *

July 29

1957

July 29

1957

Ethiopia

September 30

1957

September 30

1957

Fiji

2 November

2012 A

2 November

2012

Finland

7 January

1958 A

7 January

1958

France

July 29

1957

July 29

1957

Gabon

21 January

1964 A

21 January

1964

Georgia

23 February

1996 A

23 February

1996

Ghana

28 September

1960 A

28 September

1960

Greece

September 30

1957

September 30

1957

Guatemala

March 29

1957

July 29

1957

Guyana

27 January

2015 A

27 January

2015

Haiti

7 October

1957

7 October

1957

Honduras

24 February

2003 A

24 February

2003

Hungary

8 August

1957

8 August

1957

Marshall Islands

26 January

1994 A

26 January

1994

India *

July 16

1957

July 29

1957

Indonesia

7 August

1957

7 August

1957

Iran

16 September

1958

16 September

1958

Iraq

March 4

1959

March 4

1959

Ireland

6 January

1970 A

6 January

1970

Iceland

August 6

1957

August 6

1957

Israel

July 12

1957

July 29

1957

Italy

September 30

1957

September 30

1957

Jamaica

29 December

1965 A

29 December

1965

Japan

July 16

1957

July 29

1957

Jordan

18 April

1966 A

18 April

1966

Kazakhstan

February 14

1994 A

February 14

1994

Kenya

July 12

1965 A

July 12

1965

Kyrgyzstan

10 September

2003 A

10 September

2003

Kuwait

1 Er December

1964 A

1 Er December

1964

Laos

4 November

2011

4 November

2011

Lesotho

July 13

2009 A

July 13

2009

Latvia

10 April

1997 A

10 April

1997

Lebanon

29 June

1961

29 June

1961

Liberia

5 October

1962

5 October

1962

Libya

9 September

1963

9 September

1963

Liechtenstein

13 December

1968 A

13 December

1968

Lithuania

18 November

1993 A

18 November

1993

Luxembourg

29 January

1958

29 January

1958

Macedonia

24 February

1994 A

24 February

1994

Madagascar

22 March

1965 A

22 March

1965

Malaysia

15 January

1969 A

15 January

1969

Malawi

2 October

2006 A

2 October

2006

Mali

10 August

1961 A

10 August

1961

Malta

29 September

1997 A

29 September

1997

Morocco

September 17

1957

September 17

1957

Mauritius

31 December

1974 A

31 December

1974

Mauritania

23 November

2004 A

23 November

2004

Mexico

7 April

1958

7 April

1958

Moldova

24 September

1997 A

24 September

1997

Monaco

19 September

1957

19 September

1957

Mongolia

September 20

1973 A

September 20

1973

Montenegro

30 October

2006 A

30 October

2006

Mozambique

18 September

2006 A

18 September

2006

Myanmar

18 October

1957

18 October

1957

Namibia

17 February

1983 A

17 February

1983

Nepal

July 8

2008 A

July 8

2008

Nicaragua

25 March

1977 A

25 March

1977

Niger

March 27

1969 A

March 27

1969

Nigeria

25 March

1964 A

25 March

1964

Norway

10 June

1957

July 29

1957

New Zealand

13 September

1957

13 September

1957

Oman

5 February

2009 A

5 February

2009

Uganda

August 30

1967 A

August 30

1967

Uzbekistan

26 January

1994 A

26 January

1994

Pakistan

2 May

1957

July 29

1957

Palau

2 March

2007 A

2 March

2007

Panama

2 March

1966

2 March

1966

Papua New Guinea

April 4

2012 A

April 4

2012

Paraguay

September 30

1957

September 30

1957

Netherlands

July 30

1957

July 30

1957

Aruba

July 30

1957

July 30

1957

Curaçao

July 30

1957

July 30

1957

Caribbean (Bonaire, Sint Eustatius and Saba)

July 30

1957

July 30

1957

Sint Maarten

July 30

1957

July 30

1957

Peru

September 30

1957

September 30

1957

Philippines

2 September

1958

2 September

1958

Poland

July 31

1957

July 31

1957

Portugal

July 12

1957

July 29

1957

Qatar

February 27

1976 A

February 27

1976

Central African Republic

5 January

2001 A

5 January

2001

Dominican Republic

July 11

1957

July 29

1957

Czech Republic

27 September

1993 A

27 September

1993

Romania

12 April

1957

July 29

1957

United Kingdom *

July 29

1957

July 29

1957

Rwanda

4 September

2012 A

4 September

2012

Russia

April 8

1957

July 29

1957

San Marino

25 November

2013 A

25 November

2013

Holy See

August 20

1957

August 20

1957

Senegal

1 Er November

1960 A

1 Er November

1960

Serbia

October 31

2001 A

October 31

2001

Seychelles

22 April

2003 A

22 April

2003

Sierra Leone

4 June

1967 A

4 June

1967

Singapore

5 January

1967 A

5 January

1967

Slovakia

27 September

1993 A

27 September

1993

Slovenia

21 September

1992 A

21 September

1992

Sudan

17 July

1958

17 July

1958

Sri Lanka

22 August

1957

22 August

1957

Sweden

19 June

1957

July 29

1957

Switzerland *

5 April

1957

July 29

1957

Swaziland

February 15

2013 A

February 15

2013

Syria

6 June

1963

6 June

1963

Tajikistan

10 September

2001 A

10 September

2001

Tanzania

6 January

1976 A

6 January

1976

Chad

2 November

2005 A

2 November

2005

Thailand

15 October

1957

15 October

1957

Togo

1 Er November

2012 A

1 Er November

2012

Trinidad and Tobago

9 November

2012 A

9 November

2012

Tunisia

14 October

1957

14 October

1957

Turkey

19 July

1957

July 29

1957

Ukraine *

July 31

1957

July 31

1957

Uruguay

22 January

1963

22 January

1963

Vanuatu

9 September

2015 A

9 September

2015

Venezuela *

19 August

1957

19 August

1957

Vietnam

July 20

1976 S

July 2

1976

Yemen

14 October

1994 A

14 October

1994

Zambia

8 January

1969 A

8 January

1969

Zimbabwe

1 Er August

1986

1 Er August

1986

*
Reservations and declarations.

Reservations and declarations, with the exception of those of Switzerland, are not published in the RO. The texts in English and French can be found at the United Nations Internet site: http://untreaty.un.org or obtained from the Directorate of Public International Law (DDIP), International Treaty Section, 3003 Berne.

Reservations and declarations

Switzerland 3

On the occasion of the deposit of its instrument of ratification concerning the status of the International Atomic Energy Agency, Switzerland makes the general reservation that its cooperation with the International Atomic Energy Agency, in particular in This organization's relations with the United Nations cannot exceed the framework it assigns to its perpetually neutral state position. It is in the sense of this general reservation that it formulates a particular reservation in respect of the text of the art. 111, let. B, c. 4, of the Staff Regulations, that in respect of any similar clause which could replace or supplement these provisions in that Statute or in another arrangement.


RO 1958 527; FF 1957 I 853


1 RO 1958 525
2 RO 1970 112, 1972 2404, 1977 2138, 1978 36, 1984 268, 1987 1141, 1991 2217, 2005 1579, 2010 55, 2014 2005, 2016 501. A version of the updated scope of application is published on the DFAE website (www.dfae.admin.ch/traites).
3 AF of 18 March 1957 (RO 1958 525)


Status January 21, 2016