For the purposes of this Agreement:

(a)

"Agency" means the International Atomic Energy Agency;

(b)

"Council" means the Board of Governors of the Agency;

(c)

"Cooperation Agreement" means the Agreement on Cooperation between the Government of the United States of America and the Government of Switzerland on the Use of Atomic Energy in the Civil Domain, signed on 30 December 1965. ⁴ , as it could be amended, or a new cooperation agreement to replace it, as it could be amended;

(d)

The "Inspectors Document" means the annex to the document of Agency GC (V) /INF/39, which entered into force by Council decision of 29 June 1961;

(e)

"Inventory" means the lists of materials, materials and facilities described in paragraph 10 of this Agreement;

(f)

"Nuclear material" means any raw material or any special fissile material defined in Article XX of the Statute of the Agency ⁵ ;

(g)

"Guarantees Document" means the document of the Agency INFCIRC/66/Rev. 2, stating the provisions approved by the Council on 28 September 1965, 17 June 1966 and 13 June 1968.

2. The Government of Switzerland undertakes not to use any material, material or facility for military purposes as long as it is entered on the inventory for the Government of Switzerland.

3. The Government of the United States of America undertakes not to use any special fissile material, material or facility for military purposes as long as it is entered on the inventory for the Government of the United States of America Of America.

4. The Agency shall undertake to apply guarantees, in accordance with the provisions of this Agreement, to materials, equipment and installations as long as they are recorded on the inventories, to ensure, to the extent possible, that these materials, Equipment and facilities will not be used for military purposes.

5. The Government of Switzerland and the Government of the United States of America are committed to facilitating the application of guarantees and to working with and among the Agency for this purpose.

6. The Government of the United States of America accepts that the right to apply guarantees to equipment, devices and materials covered by the Cooperation Agreement, which it holds under the Agreement, is suspended in respect of matters, Equipment and facilities listed on the inventory for the Government of Switzerland, provided that this right ceases to be suspended in respect of those materials, equipment or installations that are transferred in accordance with paragraph 15 of the Agreement. It is understood that this Agreement shall in no way affect the other mutual rights and obligations of the Government of the United States of America and the Government of Switzerland arising out of the Cooperation Agreement.

7. If the Agency is released, in accordance with the provisions of paragraph 23 (a), of the obligation under paragraph 4, or if for any other reason the Board determines that the Agency is not in a position to ensure that the material, material Or installations entered on an inventory shall not be used for military purposes, the materials, equipment or installations in question shall automatically be deleted from that inventory until the Council finds that the Agency is Able to apply guarantees to them. Where, under this paragraph, an article is deleted from the inventory for either Government, the Agency may, at the request of the other Government, provide the other Government with the information available to it on that article (material, Equipment or facilities) to enable it to effectively exercise its rights in relation to it.

8. The Government of Switzerland and the Government of the United States of America shall immediately notify the Agency of any changes to the Cooperation Agreement and any notification of denunciation of this Agreement.

9.

(a) An initial list of all matters, equipment and facilities under the jurisdiction of the Government of Switzerland and subject to the Cooperation Agreement shall be established by the two Governments and submitted jointly by them to the Agency as soon as possible. Possible after the entry into force of this Agreement. As the Agency has accepted, this list constitutes the inventory for the Government of Switzerland and, as of that moment, the Agency begins to apply the guarantees to these materials, equipment and installations;

(b)

Subsequently, the Government of Switzerland and the Government of the United States of America jointly notify the Agency:

(i)

Any transfer from the United States of America to Switzerland, in accordance with their Agreement on Cooperation, Materials, Material or Facilities.

(ii)

Any transfer from Switzerland to the United States of America of a special fissionable product that has been recorded on the inventory for the Swiss Government in accordance with paragraph 12;

(c)

In addition, the Government concerned shall subsequently notify the Agency of any other equipment and facilities that are required to be recorded in an inventory pursuant to subparagraph (b) or paragraph 10 (e);

(d)

Within 30 days after receipt of a notification provided for in this paragraph, the Agency shall inform the two Governments:

(i)

That the items covered by the notification are entered on the appropriate inventory as of the date of the Agency's communication;

(ii)

Or that the Agency is not in a position to apply guarantees to these articles, in which case it may, however, indicate when and under what conditions it will be possible for them to apply guarantees, if that is the wish of the Governments.

The Agency shall establish and maintain, for each Government, an inventory divided into three categories.

(a)

In category I of the inventory for the Government of Switzerland are entered:

(i)

Material and facilities transferred to Switzerland;

(ii)

Materials transferred to Switzerland or the materials substituted for them, in accordance with paragraph 25 or paragraph 26 (d) of the Safeguards Document;

(iii)

The special fissile material obtained in Switzerland, as specified in paragraph 12, or any products substituted for them in accordance with paragraph 25 or paragraph 26 (d) of the Safeguards Document;

(iv)

Nuclear materials, other than those referred to in paragraphs (ii) and (iii), above, that are treated or used in any material, material or facility referred to in paragraphs (i), (ii) or (iii) above, or any material that is Substituted in accordance with paragraph 25 or paragraph 26 (d) of the Safeguards Document;

(b)

In category II of the inventory for the Government of Switzerland are entered:

(i)

Any installation as long as it contains equipment listed in category I of the inventory for the Government of Switzerland;

(ii)

Any installation as long as the materials listed in category I of the inventory for the Government of Switzerland are contained, used, manufactured or processed;

(c)

In category III of the inventory for the Government of Switzerland, all nuclear material that would normally be classified as Category I is recorded, but not for one of the following reasons:

(i)

They are exempt from guarantees in accordance with the provisions of paragraphs 21, 22 or 23 of the Safeguards Document;

(ii)

Guarantees concerning them shall be suspended in accordance with the provisions of paragraphs 24 or 25 of the Safeguards Document;

(d)

In category I of the inventory for the Government of the United States of America are listed:

(i)

Special fissionable products whose transfer outside Switzerland has been notified to the Agency in accordance with paragraph 9 (b) (ii) or any material substituted for them in accordance with paragraph 25 or paragraph 26 (d) of the Document on guarantees;

(ii)

The special fissile material obtained in the United States of America, as specified in paragraph 12, or any material substituted for them in accordance with paragraph 25 or paragraph 26 (d) of the Safeguards Document;

(e)

In the inventory category for the Government of the United States of America, any equipment or installation is recorded as long as the 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, all materials that would normally be classified as Category I are recorded, but not for one of the following reasons:

(i)

They are exempt from guarantees in accordance with the provisions of paragraphs 21, 22 or 23 of the Safeguards Document;

(ii)

Guarantees concerning them shall be suspended in accordance with the provisions of paragraphs 24 or 25 of the Safeguards Document.

The Agency shall send copies of the two inventories to the two Governments every twelve months and at any other time specified by either Government in a request to the Agency at least two weeks in advance.

The notification by the two Governments provided for in paragraph 9 (b) (i) and in paragraph 14 shall normally be sent to the Agency no later than two weeks after the arrival in Switzerland or the United States of America, as the case may be, of Equipment or installation, except that shipments of raw materials in quantities not exceeding one tonne are not subject to notification within the two-week period, but shall be notified to the Agency at intervals not exceeding three months. All the notifications provided for in paragraph 9 shall indicate, to the extent that such data are necessary, the nuclear and chemical composition, the physical form and the quantity of the materials, the type and capacity of the equipment and installations, the Date of mailing and the date of receipt, the identity of the sender and the recipient, and any other relevant information. The two Governments also undertake to notify the Agency immediately. Their intention to transfer either large quantities of nuclear material or significant equipment or facilities.

12. Each Government shall notify the Agency, through reports prepared in accordance with the Document on Guarantees, of the quantity of any special fissile material obtained during the period under consideration in or with the material, material or installations Described in paragraph 10 (a), (b) (i) or (d). Upon receipt by the Agency of the notification, the said products shall be entered in Category I of the inventory, on the understanding that any product thus obtained shall be regarded as registered and therefore subject to the guarantees of the Agency from the When it is obtained. The Agency may verify the calculation of the quantities of these products; where appropriate, the inventory shall be rectified by mutual agreement of the Parties. Pending the final agreement of the Parties, the Agency's calculations shall apply.

The Swiss Government shall notify the Agency, through reports prepared in accordance with the Document on Guarantees, of the quantity of any nuclear material that is to be included in category I of the inventory, in accordance with Provisions of paragraph 10 (a) (iv). Upon receipt by the Agency of the notification, the said nuclear material shall be entered in Category I of the inventory, on the understanding that any material treated or used shall be regarded as recorded and, therefore, submitted to the Agency safeguards 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, material or facilities listed in the inventory for the Government of Switzerland. After reception in the United States of America:

(a)

The materials described in paragraph 9 (b) (ii) are transferred from the inventory for the Government of Switzerland to the inventory for the Government of the United States of America;

(b)

Other materials, equipment or facilities are removed from the inventory.

15. The two Governments shall jointly notify the Agency of any transfer of materials, equipment or facilities listed in category I of the inventory to a consignee who is not under the jurisdiction of either of the two Governments. These materials, materials or installations may be transferred, and are then removed from the inventory, if the Agency can ensure that those materials, materials or installations have been transferred outside the jurisdiction of the Government of Switzerland or the Government of United States of America, as applicable.

Where one of the Governments intends to transfer material or material entered into category I of the inventory concerning it in an installation within its jurisdiction for which the Agency has not previously accepted Registration on the inventory, any notification provided for under paragraph 9 (c) shall be made to the Agency before such transfer is made. The Government may only transfer to this facility when the Agency has accepted this notification.

17. The notifications provided for in paragraphs 15 and 16 shall be sent to the Agency sufficiently in advance to allow it to take all the necessary provisions in those paragraphs before the transfer is carried out. The Agency shall take all necessary steps without delay. The content of such notifications shall, to the extent appropriate, conform to the requirements of paragraph 11.

The Agency shall exempt nuclear material from safeguards under the conditions specified in paragraphs 21, 22 or 23 of the Safeguards Document, and shall suspend the safeguards in respect of nuclear material subject to the conditions specified in the safeguards document. Paragraphs 24 or 25 of this document.

The Agency shall cease to apply guarantees under this Agreement to articles radiated from an inventory in accordance with paragraph 14 (b) and 15. Nuclear materials other than those referred to in the preceding sentence shall be deleted from the inventory and the Agency's safeguards shall cease to apply in accordance with paragraph 26 of the Safeguards Document.

The two Governments and the Agency shall adopt by common accord the conditions for exemption, suspension or termination of guarantees for items not covered by paragraphs 18 and 19.

In applying the safeguards, the Agency shall comply with the principles set out in paragraphs 9 to 14 of the Safeguards Document.

The arrangements for the application of the guarantees by the Agency to the articles on the inventories are those set out in the Document on Guarantees. The Agency shall conclude with each Government, with regard to their implementation, subsidiary arrangements which include all necessary arrangements for the application of safeguards to non-nuclear materials and equipment. The Agency shall have the right to request the information provided for in paragraph 41 of the Safeguards Document and to carry out the inspections provided for in paragraphs 51 and 52 of that document.

If the Council finds that there is a violation of this Agreement, it urges the Government concerned to put an immediate end to this violation and shall draw up the reports it deems appropriate. If the Government does not, within a reasonable period of time, take any measures to put an end to this violation:

(a)

The Agency shall be released from the undertaking to apply guarantees, contracted under paragraph 4, throughout the period for which the Council finds that it is not in a position to effectively apply the guarantees provided for in this Agreement;

(b)

The Council may take any measure provided for in paragraph C of Article XII of the Statute.

The Agency shall immediately notify both Governments when the Council makes a finding in accordance with this paragraph.

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

The Swiss Government shall apply the relevant provisions of the Agreement on the Privileges and Immunities of the Agency ⁶ To the inspectors of the Agency performing functions under this Agreement and to all the Agency's assets used by them.

26. The provisions of the International Organizations Immunities Act of the United States of America shall apply to inspectors of the Agency performing functions in the United States of America under this Agreement and to all the assets of the Agency used by They.

27. Each Party shall rule on the expenses incurred by it in fulfilling its obligations under this Agreement. The Agency shall reimburse to each Government the specific expenditure, including those referred to in paragraph 6 of the Document on Inspectors, incurred at the written request of the Agency by that Government or persons under its control Authority, if the Government makes known to the Agency, before incurring this expense, that the refund will be claimed. These provisions do not prejudge the allocation of financial liability for expenses that may be considered as arising from the failure of any Party 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, shall be entitled to the same extent as nationals of the United States of America Liability under the Price-Anderson Act, including insurance or other financial coverage that may be required under the Price-Anderson Act in respect of nuclear accidents occurring in the territory of the United States of America;

(b)

The Government of Switzerland shall take all steps to ensure that the Agency and its inspectors, in the performance of their duties under this Agreement, enjoy the same protection as its own nationals in matters of civil liability, including Including any insurance or other financial guarantee, in the event of a nuclear accident occurring in a nuclear facility under its jurisdiction.

(c)

Any request for compensation by a Government to the Agency for any damage resulting from the implementation of the guarantees applicable under this Agreement, other than the damage caused by a nuclear accident, shall be settled in accordance with the rules of the International law.

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 Parties concerned, shall be submitted, at the request of one of the Parties, to a court Arbitration composed as follows:

(a)

If the dispute precludes only two of the Parties to this Agreement and the three Parties acknowledge that the third party is not involved, each of the first two shall designate an arbitrator and the two arbitrators so designated shall elect a third arbitrator who shall Presides over the tribunal. If one of the Parties has not appointed an arbitrator within 30 days of the request for arbitration, one of the Parties to the dispute may request the President of the International Court of Justice to appoint an arbitrator. The same procedure shall apply if the third arbitrator is not elected within 30 days after the appointment or appointment of the second arbitrator;

(b)

If the dispute involves the three Parties to this Agreement, each Party shall appoint an arbitrator and the three arbitrators so appointed shall unanimously elect a fourth arbitrator, presiding over the Tribunal, and a fifth arbitrator. If, within 30 days after the request for arbitration, not all Parties have appointed an arbitrator, either Party may request the President of the International Court of Justice to appoint the number of arbitrators. The same procedure shall be applied if the President or the fifth arbitrator is not elected within 30 days after the appointment or appointment of the third of the first three arbitrators.

A majority of the members of the arbitral tribunal shall constitute a quorum; all decisions shall be taken by a majority. The arbitration procedure shall be determined by the court. All Parties shall comply with the Court's decisions, including any decisions relating to its constitution, procedure, jurisdiction and the apportionment of the costs of arbitration between the Parties. The remuneration of the arbitrators shall be determined on the same basis as that of the judges of the International Court of Justice appointed under special conditions.

30. The decisions of the Council concerning the implementation of this Agreement, with the exception of those relating solely to the provisions of Article VI, shall, if they so dispose, be immediately applied by the Parties pending the Final settlement of the dispute.

31. On the request of any Party, the Parties shall consult each other on any amendment to this Agreement. If the Council amends the Document on Guarantees or the scope of the safeguards system, the present Agreement shall be amended, at the request of the Governments, to take account of that amendment. If the Council amends the Document on Inspectors, this Agreement shall be amended, at the request of Governments, to take account of that amendment.

32. This Agreement shall enter into force after it has been signed by or on behalf of the Director General of the Agency, and by the duly authorized representatives of both Governments.

33. This Agreement shall remain in force for as long as the Cooperation Agreement as it may be extended or amended, unless a Party denounces it by giving six months' notice to the other Parties or otherwise agreed upon. Its duration may be extended by agreement between the Parties, and any Party may denounce it by giving six months' notice to the other Parties or otherwise agreed upon. However, in respect of any nuclear material referred to in paragraph (a) (iii) or (d) of paragraph 10, it shall remain in force until the Agency has notified the two Governments that it has lifted the safeguards in respect of nuclear material referred to in paragraph 10 (a) or (d). Paragraph 19.

Done at Vienna on 28 February 1972, in triplicate in English.