Rs 0.732.011.933.6 February 28, 1972 Agreement Between The International Agency Of Atomic Energy, The Swiss Government And The Government Of The United States Of America For The Application Of Safeguards

Original Language Title: RS 0.732.011.933.6 Accord du 28 février 1972 entre l’Agence internationale de l’énergie atomique, le Gouvernement suisse et le Gouvernement des Etats-Unis d’Amérique pour l’application de garanties

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0.732.011.933.6 translation of the original English text, agreement between the International Atomic Energy, the Swiss Government Agency and the Government of the United States of America for the application of safeguards signed on February 28, 1972, entered into force on February 28, 1972, whereas the Government of the United States of America and the Government of Switzerland agreed to continue to cooperate in the use of atomic energy in the civilian sector under the agreement of cooperation signed on December 30, 1965 which States that the equipment, devices and materials put at the disposal of the Switzerland by the United States of America must be used exclusively for peaceful purposes and provides safeguards in this respect;
Whereas the cooperation agreement reveals that the two Governments recognize, one and the other, that the conclusion of arrangements would be desirable to have as soon as possible to the administration of guarantees such agency;
Whereas the Agency is now able, by status and by the decisions of the Board of Governors, to apply safeguards in accordance with the provisions of the Document on the guarantees and Document to inspectors;
Considering that the two Governments reaffirmed their desire that the equipment, devices and materials provided by the United States of America under the cooperation agreement, or obtained through these materials, devices and materials, or which guarantees are otherwise applicable in accordance with that agreement, are not used for military purposes and that they have asked the Agency to apply safeguards to the materials equipment and facilities covered by this agreement;
Whereas the Council of Governors of the Agency has approved this request on December 8, 1971;
Accordingly, the Agency, and the two Governments have agreed to the following: part I Definitions 1. For the purposes of this agreement: a) by 'Agency' means the international agency of Atomic Energy; b) for 'Council', means the Board of Governors of the Agency; c) by 'Cooperation agreement', means the cooperation agreement between the Government of the United States of America and the Government of the Switzerland on the use of atomic energy in the civil field, signed December 30, 1965 ((, which could be changed, or a new cooperation agreement to replace it, as it may be changed; d) by 'Document to inspectors', means the annex to document GC (V) / INF/39 Agency, entered in force by Council decision dated June 29, 1961; e) by 'inventory', we mean the lists of materials ((, material and facilities described in paragraph 10 of this agreement; f) by 'nuclear material' means any raw material, or all special fissionable material defined in Article XX of the Statute of the Agency; g) by 'Guarantees Document', means the document of agency INFCIRC/66/Rev. 2, setting out the provisions approved by the Council on 28 September 1965, on June 17, 1966 and June 13, 1968.

Part II commitments of Governments and the Agency 2. The Swiss Government is committed to not use so as to be used for military purposes of the materials, equipment, or facilities as long as they are on the inventory for the Swiss Government.
3. the Government of the United States of America is committed to not using to serve military purposes of special fissile products, equipment, or facilities as long as they are on the inventory for the Government of the United States of America.
4. the Agency agrees to apply safeguards, in accordance with the provisions of this agreement, to the materials, equipment and facilities as long as they are on the inventories to ensure insofar as possible that these materials, equipment and facilities will not be used so as to be used for military purposes.
5. the Swiss Government and the Government of the United States of America are committed to facilitate the application of safeguards and to work with the Agency and with each other to this end. 6. The Government of the United States of America accepts that right to apply safeguards to the material, devices and materials, covered by the cooperation agreement, he holds by virtue of this agreement, be suspended with respect to material, equipment and facilities on the inventory for the Swiss Government, subject, however this right ceases to be suspended with regard to this material equipment or facilities that are transferred in accordance with paragraph 15 of this agreement. It is understood that this agreement does not affect other mutual rights and obligations of the Government of the United States of America and the Government of Switzerland, resulting from the cooperation agreement.
7. If the Agency is released, pursuant to the provisions of paragraph (a) of paragraph 23, of the requirement under paragraph 4, or if for any other reason the Council establishes that the Agency is not able to ensure that materials, equipment or facilities on an inventory are not used for military purposes, materials, equipment, or facilities in question are thereby automatically striped said inventory until the Commission notes that the Agency is again be able to apply safeguards. When, in virtue of this paragraph, an article is removed from inventory for one or the other Government, the Agency may, at the request of the Government, provide the latter information available to it on this article (material, material or facilities) to him to exercise effectively its rights with respect.
8. the Government of Switzerland and the Government of the United States of America immediately notify the Agency of any change that would be given to the cooperation agreement, as well as of any notice of termination of this agreement.

Part III inventory and notifications 9. (a) an initial list of all material, equipment and facilities under the jurisdiction of the Government of Switzerland and subject to the agreement of cooperation is established by both Governments and submitted jointly by them to the Agency as soon as possible after the entry into force of this agreement. (The Agency has accepted the, this list represents the inventory for the Swiss Government, and from that moment, the Agency is to apply the safeguards to the materials, equipment and facilities; b) later, the Swiss Government and the Government of the United States of America jointly notify the Agency: i) any transfer of the United States of America to Switzerland, in accordance with their agreement of cooperation, materials material or installations.ii) any transfer of the Switzerland in the United States of America of a fissionable material special that was listed on the inventory for the Swiss Government in accordance with paragraph 12;

c) in addition, the Government concerned shall notify thereafter the Agency all other equipment and facilities which an inventory is required pursuant to paragraph b) or e) of paragraph 10; d) within thirty days following the receipt of a notification under this subsection, the Agency indicated to the two Governments: i) that the items covered by the notification registered on inventory right from the date of communication of the Agency; (ii) or that the Agency is not able to apply safeguards to those articles, in which case it can, however, indicate at what time and under what conditions it will be possible to apply safeguards, if that is the desire of the Governments.

10. the Agency establishes and maintains, for every Government, an inventory that is divided into three categories.

((a) in category I of the inventory for the Swiss Government are registered: i) the equipment and facilities transferred to the Switzerland; ii) the material transferred to the Switzerland or the materials of which they are substituted, in accordance with paragraph 25 or paragraph d) of paragraph 26 of the Document on guarantees; iii) special fissile products obtained in Switzerland ((((((, as specified in paragraph 12, or all of the products that they are replaced in accordance with paragraph 25 or paragraph d) of paragraph 26 of the Document on guarantees; iv) nuclear materials other than those referred to in paragraphs ii) and iii) above, which are processed or used in materials, equipment, or facilities referred to in paragraphs i), ii) or (iii) above (, or all materials that they are replaced in accordance with paragraph 25 or paragraph d) of paragraph 26 of the Document on the guarantees.

((b) in category II of the inventory for the Swiss Government are registered: i) any installation so that it contains material part in category I of the inventory for the Swiss Government; ii) any installation as long as materials listed in category I of the inventory for the Swiss Government are contained, used, manufactured or processed;

(c) in category III of the inventory for the Swiss Government are on all nuclear material that normally would be listed in class I but are not for one of the following reasons:

((i) there are no guarantees in accordance with the provisions of paragraphs 21, 22 or 23 of the Document on guarantees; ii) the guarantees are suspended in accordance with the provisions of paragraphs 24 or 25 of the Document on the guarantees.

((d) in category I of the inventory for the Government of the United States of America are registered: i) special fissile products whose transfer out of the Switzerland has been notified to the Agency in accordance with paragraph b) (ii) of paragraph 9 or all materials that they are replaced in accordance with paragraph 25 or paragraph d) of paragraph 26 of the Document on guarantees; ii) special fissile products obtained in the United States of America as specified in paragraph 12, or all materials that they are replaced in accordance with paragraph 25 or paragraph d) of paragraph 26 of the Document on the guarantees.

((e) in the category it inventory for the Government of the United States of America have registered any material or installation as long as materials listed in category I of the inventory for the Government of the United States of America are contained, used, manufactured or processed; f) in category III of the inventory for the Government of the United States of America are listed all the materials that would be normally listed in category I, but are not for one of the following reasons ((: i) there are no guarantees in accordance with the provisions of paragraphs 21, 22 or 23 of the Document on guarantees; ii) the guarantees are suspended in accordance with the provisions of paragraphs 24 or 25 of the Document on the guarantees.

The Agency sends copies of the two inventories to the two Governments every 12 months as well as all other times specified by one or the other Government in a request to the Agency at least two weeks in advance.
11. notification by the two Governments in paragraph b) i) of paragraph 9 and paragraph 14 is normally sent to the Agency two weeks later after the arrival in Switzerland or the United States of America, as appropriate, of materials, equipment or installation, except that shipments of raw materials in quantities exceeding a ton are not subject to notification within two weeks of , but shall be notified to the Agency at intervals not exceeding three months. All notifications provided for in paragraph 9 indicate, to the extent where these data are needed, the composition of nuclear and chemical, physical fitness and the amount of the material, the type and capacity of the equipment and facilities, the shipping date and the date of receipt, the identity of the sender and the recipient, and any other relevant information. The two Governments also engage to notify to the Agency immediately. as possible, their intention to transfer be large amounts of nuclear material or important facilities.
12. each Government shall notify the Agency, by reports in accordance with the Document on the guarantees, the quantity of any product fissile special achieved during the period considered in or with materials, equipment or facilities described in paragraphs a), b) (i) or d) of paragraph 10. Receipt by the Agency of the notification, those goods are enrolled in class I of the inventory, being understood that any product thus obtained is considered to be registered and, therefore, subject to the safeguards of the Agency from the time it is obtained. The Agency can verify the calculation of the quantities of these products; If necessary, the inventory is rectified by mutual agreement by the Parties. Meanwhile the final agreement of the Parties, the Agency calculations are applicable.
((13. the Swiss Government shall notify the Agency, by reports in accordance with the Document on the guarantees, the quantity of nuclear material which must be entered in category I of the inventory concerning him, in accordance with the provisions of the paragraph has) iv) of paragraph 10. Receipt by the Agency of the notification, the nuclear material are listed in category I of the inventory, it being understood that any material so processed or used is considered as registered and, therefore, subject to the safeguards of the Agency from the time it is processed or used.
14. the two Governments shall jointly notify the Agency of the transfer to the United States of America of any material, any material or all facilities registered in the inventory for the Swiss Government. After their reception in the United States of America: a) the material described in paragraph b) (ii) paragraph 9 is transferred from the inventory for the Swiss Government to category I of the inventory for the Government of the United States of America; b) other materials, equipment, or facilities are removed from inventory.

15. the two Governments shall jointly report to the Agency any transfer of materials, equipment or facilities listed in category I of the inventory to a recipient who is not within the jurisdiction of any of the two Governments. These materials, equipment, or facilities can be transferred, and are then removed from the inventory, if the Agency can ensure that these materials, equipment, or facilities have been transferred out of the jurisdiction of the Swiss Government or the Government of the United States of America, according to the case.
16. when one of the Governments intends to transfer material or equipment falls within the category I of the inventory in a facility under its jurisdiction which the Agency has not previously agreed the inscription on the inventory about it, any notification provided for under the terms of paragraph c) paragraph 9 is made to the Agency until this transfer. The Government can proceed with the transfer in this facility when the Agency has accepted this notification.
17. the notifications referred to in paragraphs 15 and 16 are sent to the Agency sufficiently in advance to allow him to take all measures required in these paragraphs before the transfer. The Agency shall take without delay all the necessary steps. The content of these notifications complies, where appropriate, the requirements of paragraph 11.
18. the Agency exempts nuclear guarantees to the conditions specified in paragraphs 21, 22 or 23 of the Document on the guarantees, and suspends the guarantees regarding nuclear materials to the conditions specified in paragraphs 24 or 25 of this document.
19. the agency ceases to apply safeguards in the framework of this agreement in striped articles of an inventory in accordance with paragraph b) of paragraph 14 and paragraph 15. Nuclear materials other than those referred to in the previous sentence are struck out of the inventory and the Agency's safeguards cease to apply pursuant to paragraph 26 of the Document on the guarantees.
20. the two Governments and the Agency stop by mutual agreement the conditions for exemption, suspension or termination of the guarantees for items that are not covered by paragraphs 18 and 19.

Part IV enforcement of rights 21. By applying the guarantees, the Agency conforms to the principles set out in paragraphs 9 to 14 of the Document on the guarantees.
22. the modalities of application of safeguards by the Agency to the items listed on the inventory are those which are set out in the Document on the guarantees. The Agency concludes with each Government, about their implementation, subsidiary arrangements involving all modalities of application of safeguards non-nuclear material and equipment. The Agency has the right to request the information set out in paragraph 41 of the Document on the guarantees and the inspections provided for in paragraphs 51 and 52 of this document.
23. If the Commission finds that there is a violation of this agreement, he enjoined upon the Government concerned to immediately end this violation and establishes the reports it considers useful. If the Government does not, within a reasonable time, all measures to put an end to this violation: a) the Agency is released from the commitment to apply safeguards, contracted under subsection 4, throughout the period for which the Commission notes that it is not able to apply effectively the guarantees provided for in this agreement; b) the Council may take any action provided for in paragraph C of the Article XII of the Statute.

The Agency will immediately notify the two Governments when the Board made a finding pursuant to this paragraph.

Part V inspectors of the Agency 24. The provisions of paragraphs 1 to 7, 9, 10, 12 and 14 of the Document to inspectors apply to the inspectors of the Agency performing functions under this agreement. However, paragraph 4 of this document does not apply to facilities or nuclear materials to which the Agency has access at any time. The practical arrangements for the application of paragraph 50 of Document in the United States of America and Switzerland guarantees shall be adopted between the Agency and the Government concerned until the installation or the material is listed on the inventory.

25. the Government of Switzerland applied the relevant provisions of the agreement on the privileges and immunities of the Agency the Agency inspectors performing functions under this agreement and all of the property of the agency used by them.
26. the provisions of the International organizations Immunities Act of the United States of America apply to the inspectors of the Agency performing functions in the United States of America under this agreement and all of the property of the agency used by them.

Part VI financial provisions 27. Each party sets the expenses that it incurs in fulfilling its obligations under this agreement. The Agency reimburses each government expenditures, including those referred to in paragraph 6 of Document to inspectors, incurred at the written request of the Agency by this Government or the people under its authority, if the Government can tell the Agency, before incurring the expense, that the refund will be requested. These provisions do not prejudge the assignment of financial responsibility for expenses that may be considered as resulting from the omission of one of the Parties to comply with the provisions of this agreement.
28. a) the Agency and its inspectors, in the exercise of their functions under this agreement in the territory of the United States of America, benefit to the same extent as nationals of the United States of America of the liability protection under the Price-Anderson, including the Insurance Act or another financial coverage, which may be required under the terms of the Price-Anderson in which law is about nuclear accidents occurring on the territory of the United States of America; b) the Government Swiss takes all provisions for the Agency and its inspectors, in the exercise of their functions under this agreement, benefit from the same protection as its own nationals on civil liability, including any insurance or other financial security in case of nuclear accident occurring in a nuclear facility under his juridiction.c) any claim for compensation by a Government to the Agency for any damage resulting from the implementation of the safeguards under the This agreement, other than the damage caused by a nuclear accident, is set in accordance with the rules of international law.

Part VII settlement of disputes 29. Any dispute concerning the interpretation or application of this agreement which is not settled by negotiation or by any other means approved by the interested Parties, is subject, at the request of one of the Parties to a Court of arbitration made up as follows: has) if the dispute between two of the Parties to this agreement and that the three Parties acknowledge that the third is not an issue each of the first two shall designate one arbitrator and the two arbitrators so designated shall elect a third arbitrator presiding. If one of the Parties has not designated an arbitrator within thirty days following the request for arbitration, one of the Parties to the dispute may ask the President of the International Court of Justice to appoint an arbitrator. The same procedure applies if the third arbitrator is not elected in the thirty days following the designation or appointment of the second; b) if the dispute involves three Parties to this agreement, each Party shall designate one arbitrator and the three arbitrators so designated shall elect a fourth referee, who presides over the Court, unanimously and a fifth arbitrator. If, within thirty days following the request for arbitration, all Parties have not designated each arbitrator, one of the Parties can ask the President of the International Court of Justice to appoint the number of arbitrators. The same procedure is applied if the President or the fifth arbitrator is not elected in the thirty days following the designation or appointment of the third of the first three arbitrators.

The quorum shall consist of a majority of the members of the arbitral tribunal; all decisions are taken by the majority. The arbitration procedure is fixed by the Court. All Parties must comply with the decisions of the tribunal, including all decisions related to its constitution, procedure, jurisdiction and the distribution of the expenses of arbitration between the Parties. The remuneration of the arbitrators is determined on the same basis as that of the judges of the International Court of Justice appointed in special conditions.
30. the decisions of the Council on the application of this agreement, except those which relate only to the provisions of Article VI, are, if they so provide, immediately applied by the Parties pending the final settlement of the dispute.

Part VIII amendment, change, entry into force and duration 31. On the request of one of them, the Parties shall consult on any amendment to this agreement. If the Council modifies the Document guarantees or the scope of the safeguards system, this agreement is changed, at the request of Governments, to take account of this change. If the Council modifies the Document inspectors, this agreement is changed, at the request of Governments, to take account of this change.
32. the present agreement comes into force after being signed by the Director general of the agency or on its behalf, and by representatives duly abilities of the two Governments.
33. this agreement remains in effect as long as the cooperation agreement which could be extended or modified, unless a party turn him by giving six months notice to the other Parties or in any other manner agreed. Its duration can be extended by agreement between the Parties, and any party may denounce it by giving six months notice to the other Parties or in any other manner agreed. However, it remains in force, concerning nuclear material referred to in clause has) iii) or d) paragraph 10, to ensure that the Agency has notified the two Governments that she lifted the guarantees for these materials in accordance with the provisions of paragraph 19.
Done at Vienna, on February 28, 1972, in triplicate in the English language.

For the International Atomic Energy Agency: Sigvard Eklund for the Government of the Switzerland: C. Zangger for the Government of United States of America: T. Keith Glennan RO 1973 303 official translation established by the International Atomic Energy Agency.
RS RS RS RS RS 11 State 0.192.110.127.32 0.732.011 0.732.933.6 0.732.011 0.732.933.6. July 2006

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