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Government of the Swiss Confederation and the Government of Australia
Reaffirming their commitment to ensure that the development and peaceful use of nuclear energy at the international level are governed by arrangements that promote the objective of the non-proliferation of nuclear weapons;
Recalling that Switzerland and Australia are non-nuclear-weapon States and are Parties to the Treaty on the Non-Proliferation of Nuclear Weapons in London, Moscow and Washington D.C. Er July 1968 2 (hereinafter referred to as "the Treaty");
Recognizing that Switzerland and Australia have undertaken, in accordance with the Treaty, not to manufacture or otherwise acquire nuclear weapons or other nuclear explosive devices, and that the two Governments have concluded agreements With the International Atomic Energy Agency (hereinafter referred to as "the Agency") For guarantees in relation to the Treaty in their respective countries;
Affirming their support for the objectives of the Treaty and their desire to encourage universal adherence to the Treaty;
Confirming the two countries' desire to cooperate in the development and implementation of nuclear energy for peaceful purposes;
Desiring to establish compatible conditions with their adherence to non-proliferation, which permit the key transfer of nuclear materials, materials, equipment and technology between Switzerland and Australia for peaceful uses not Explosives;
Agreed to the following:
For the purposes of this Agreement:
The Parties shall facilitate their cooperation in the development and use of nuclear energy for peaceful purposes, including:
2. The cooperation envisaged in this Article shall be carried out on the basis of terms and conditions agreed by the two Parties and in accordance with this Agreement, as well as the laws, regulations and conditions of authorization in force in Switzerland and Australia. The Parties may designate governmental authorities or natural or legal persons empowered to undertake such cooperation.
This Agreement shall apply to:
2. The elements referred to in paragraph 1 of this Article shall be transferred under this Agreement only to a natural or legal person designated by the competent authority of the receiving Party to the competent authority of the Party Provider as being duly authorized to receive these items.
1. Nuclear materials referred to in Art. III shall remain subject to the provisions of this Agreement until:
2. In order to determine when nuclear materials subject to this Agreement are no longer usable or are practically no longer recoverable in order to be put in a usable form for any relevant nuclear activity from the point of view The guarantees referred to in Art. VI, both Parties will accept the Agency's decision. For the purposes of this Agreement, this Decision shall be taken by the Agency in accordance with the provisions on the waiver of the guarantees contained in the corresponding Safeguards Agreement between the Party concerned and the Agency.
3. Materials and equipment referred to in Art. III shall remain subject to the provisions of this Agreement until:
4. The technology shall remain subject to this Agreement for a period of time fixed by mutual agreement between the Parties prior to its transfer.
Nuclear materials, materials, equipment and technology subject to this Agreement shall not be used or diverted for the manufacture of nuclear weapons and other nuclear explosive devices, for research and Development related to nuclear weapons and other nuclear explosive devices, or used for military purposes.
1. In the event that Australia is the receiving Party, respect for Art. V of this Agreement shall be ensured by a system of guarantees applied by the Agency in accordance with the Safeguards Agreement concluded on 10 July 1974 between Australia and the Agency in connection with the Treaty.
2. In the case where Switzerland is the receiving Party, respect for Art. V of this Agreement shall be ensured by a system of guarantees applied by the Agency in accordance with the Safeguards Agreement concluded on 6 September 1978 1 Between Switzerland and the Agency in connection with the Treaty.
In case, notwithstanding the provisions of Art. Vl of this Agreement, nuclear material, materials, equipment or technology under this Agreement shall be in the territory of a Party and where the Agency does not apply its guarantees in the territory of that Party in Under the applicable Agreement concluded in accordance with Art. III of the Treaty and referred to in Art. V of this Agreement, the said Party shall accept guarantees under an agreement or agreements to which it and the Agency are Parties, and which provide equivalent guarantees by their scope and effects to those provided for in the Agreement. Applicable guarantees concluded in accordance with Art. VI of this Agreement, or, if the Agency does not apply guarantees in the territory of that Party under one or more of the agreements mentioned above, the Parties shall conclude without delay an agreement for the application in the Territory Concerned, a system of safeguards which complies with the principles and procedures of the Agency's safeguards system and provides for the application of safeguards to nuclear materials, materials, equipment and technology submitted to the Agreement.
(1) Each Party shall, in accordance with its laws and regulations, take the necessary measures to ensure adequate physical protection of nuclear materials, materials, equipment and technology subject to their jurisdiction. With respect to nuclear material, the Parties shall, at a minimum, apply physical protection measures meeting the requirements set out in the Agency's recommendations.
2. At the request of one of the Parties, the Parties shall consult on matters relating to physical protection, including the application, for the purposes of this Article, of recommendations that would be made from time to time by expert groups International.
Nuclear materials, materials, equipment and technology subject to this Agreement shall not be transferred outside the jurisdiction of a Party without the prior written consent of the other Party.
Nuclear materials subject to this Agreement shall be retreated only in accordance with the terms agreed in writing between the Parties, as set out in Annex B.
Nuclear materials subject to this Agreement shall not be enriched to 20 % or more in isotope U 235 without the prior written consent of the supplying Party.
1. In applying Art. IX, X and XI of this Agreement, the Supplier Party shall take into account the non-proliferation considerations and the nuclear energy requirements of the receiving Party. The Supplier Party will not refuse its agreement with a view to removing a commercial benefit.
(2) If a Party considers that it cannot agree on a matter referred to in Art. IX, X and XI of this Agreement, that Party shall provide the other Party with the immediate opportunity to hold full consultations on this matter.
1. The competent authorities of both Parties shall consult annually, or at any time at the request of one of the Parties, in order to ensure the effective implementation of this Agreement. The Parties may jointly invite the Agency to participate in these consultations.
2. If nuclear material subject to this Agreement is located in the territory of a Party, that Party shall communicate in writing to the other Party, at the request of that Party, the general conclusions of the most recent reports made by the Agency on Its verification activities in the territory of that Party for the installations concerned.
3. The competent authorities of both Parties shall conclude an administrative arrangement in order to ensure effective compliance with the obligations of this Agreement. An administrative arrangement concluded pursuant to the provisions of this paragraph may be amended with the agreement of the competent authorities of both Parties.
4. Expenses incurred in respect of reports and documents that either party is required to provide under the administrative arrangement referred to in subs. 3 of this Article shall be borne by the Party which is obliged to provide such reports or documents.
5. The Parties shall, in accordance with their laws and regulations, take all appropriate precautions to preserve the confidentiality of trade and industrial secrets and other confidential information received in application Of this Agreement and designated as such by the Supplier Party.
In the event that the receiving Party does not comply with any of the provisions of Art. V to XIII included, or Art. XV of this Agreement, or shall not comply with or denounce the arrangements relating to the guarantees of the Agency, the supplier Party shall have, subject to prior notification, the right to suspend or cancel any subsequent transfer of Nuclear materials, materials, equipment and technology and to require the receiving Party to take corrective action. If, after consultation between the Parties, such corrective measures are not taken within a reasonable period of time, the supplier Party shall then have the right to request the return of the nuclear material, materials and equipment submitted to the present Agreement, subject to payment at the prices in force on that date. The above provisions will also apply in the event that one of the Parties detonates an explosive nuclear device.
Any dispute arising out of the interpretation or application of this Agreement, which is not settled by the trade-off, shall, at the request of either Party, be submitted to an arbitration tribunal which shall be constituted by Three arbitrators designated in accordance with the provisions of this Article. Each Party shall designate an arbitrator who may be one of its nationals and the two arbitrators thus appointed shall elect a third, national of a third country, who shall preside over the court. If, within 30 days after the request for arbitration, one of the Parties has not appointed an arbitrator, each Party to the dispute may request the President of the International Court of Justice to appoint an arbitrator. The same procedure shall apply if, within 30 days after the appointment or appointment of the second arbitrator, the third arbitrator has not been elected. A majority of the members of the arbitral tribunal shall constitute a quorum. All decisions shall be taken by a majority of the votes of all members of the arbitral tribunal. The arbitration procedure shall be determined by the court. The decisions of the court, including all regulations relating to its constitution, procedures, jurisdiction and the apportionment of the costs of arbitration between the Parties, shall be binding on both Parties and shall be enforced by them.
This Agreement may be amended or revised by agreement between the Parties.
2. Any amendment or revision shall enter into force on the date that, by exchange of diplomatic notes, the Parties shall fix for its entry into force.
This Agreement shall enter into force on the date that the Parties, by exchange of diplomatic notes, shall establish for its entry into force and shall remain in force for an initial period of 30 years. If no notice of termination has been served by any of the Parties at least 180 days before the expiration of this period, this Agreement shall remain in effect until 180 days after notice of termination has elapsed Was served by one Party to the other. However, unless the Parties otherwise agree, the denunciation of this Agreement shall not relieve the Parties of the obligations entered into under this Agreement for matters referred to in Art. III of this Agreement, which shall remain usable or practically recoverable in order to be put in a usable form for any relevant nuclear activity from the point of view of guarantees in accordance with Art. IV of this Agreement.
In witness whereof The undersigned, duly authorized to that effect by their respective Governments, have signed this Agreement.
Done at Berne, on January 28, 1986, in duplicate, in the English and French languages, both texts being equally authentic.
| 1. |
Deuterium and Heavy Water: |
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| Deuterium and any compound of deuterium in which the deuterium/hydrogen ratio exceeds 1:5000, for use in a nuclear reactor, in the sense given to that word under heading 1 of Part B of this Annex, and supplied in quantities Exceeding 200 kg of deuterium atoms for a period of 12 months. |
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| 2. |
Purity Graphite n U Key: |
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| Graphite of a purity greater than 5 parts per million of boron equivalent and a density of more than 1.50 grams per cubic centimetre, supplied in quantities exceeding 30 metric tonnes for a period of 12 months. |
| 1. |
Nuclear reactors. |
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| Nuclear reactors capable of functioning in such a way as to maintain a controlled self-sustained fission chain reaction with the exception of zero-power reactors defined as reactors with maximum expected production Of plutonium does not exceed 100 grams per year. A "nuclear reactor" consists essentially of the parts inside the reactor vessel or attached directly to the reactor, the equipment for adjusting the power in the heart, and the components that normally contain the material. Primary caloportor fluid of the reactor core, come into direct contact with this fluid or allow its adjustment. It is not envisaged to exclude reactors which could reasonably be expected to be modified to produce a quantity of plutonium significantly greater than 100 grams per year. Reactors designed for operation at high power levels, regardless of their plutonium production capacity, are not considered to be "zero power reactors". |
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| 2. |
Reactor pressure vessels: |
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| Metal vessels, in the form of complete units or important prefabricated components, which are specially designed or prepared to contain the core of a nuclear reactor, as defined in this word under heading 1 of Part B of this Annex, and which are capable of withstanding the pressure of the primary coolant fluid. The cover plate of a reactor pressure vessel is an important prefabricated component of such a tank. |
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| 3. |
Internal design of a reactor: |
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| As columns and support plates of the heart and other parts contained in the tank, guide tubes for control rods, thermal shields, deflectors, grating plates of the heart, diffuser plates, etc. |
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| 4. |
Machines for loading and unloading fuel n U Key: |
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| Handling equipment specially designed or prepared for the introduction or extraction of the fuel of a nuclear reactor, as defined in item 1 of Part B of this Annex, and which may be used in the course of operation Or is equipped with advanced installation or alignment technical devices to allow for complex loading operations at the stop, such as those during which it is normally impossible to observe the Fuel directly or to access it. |
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| 5. |
Reactor Control Bars: |
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| Bars specially designed or prepared for the adjustment of the reaction rate in a nuclear reactor, as defined in item 1 of Part B of this Annex. These parts shall include, in addition to the neutron absorber, the support or suspension devices of that absorber, if provided separately. |
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| 6. |
Force tubes for rea C Tors: |
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| Tubes specially designed or prepared to contain the fuel elements and the primary caloportor fluid of a reactor, as defined in this word under heading 1 of Part B of this Annex, at regime pressures greater than 50 Atmospheres. |
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| 7. |
Zirconium tubes: |
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| Zirconium metal and zirconium alloys, in the form of tubes or assemblies of tubes in quantities greater than 500 kg per year specially designed or prepared for use in a reactor, in the sense given to that word under heading 1 of Part B of this Annex, in which the hafnium/zirconium ratio is less than 1:500 parts by weight. |
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| 8. |
Pumps of the r circuit E Primary cooling. |
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| Pumps specially designed or prepared to circulate the liquid metal used as the primary coolant for nuclear reactors, as defined in item 1 of Part B of this Annex. |
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| 9. |
Reprocessing plants for irradiated fuel elements, and sp. Material é Designed or prepared for this purpose: |
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| The term "irradiated fuel reprocessing plant" includes materials and components that normally come into direct contact with the irradiated fuel and are used to control it directly, as well as the main flows of Nuclear materials and fission products during processing. In the current state of technology, the phrase "and equipment specially designed or prepared for this purpose" is considered to apply to the following equipment. These elements are:
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| 10. |
Fuel element manufacturing plants. |
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| The term "combustible material manufacturing plant" includes the following equipment:
The complete set of items intended for the above operations, as well as various items for any of the above operations and other fuel-making operations, including the verification of integrity Of the sheathing or sealing, and the finishing of the sealed fuel. |
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| 11. |
Materials, other than analytical instruments, specially designed or prep A For the separation of uranium isotopes: |
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| The term "material, other than analytical instruments, specially designed or prepared for the separation of uranium isotopes," includes each of the principal components of the material specially designed or prepared for the separation operations. These elements include:
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| 12. |
Heavy water production plants: |
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| The term "heavy water production plant" means an installation of heavy water, deuterium and deuterium compounds, and equipment specially designed or prepared for that purpose. |
Whereas Art. X of the Agreement provides that the nuclear material subject to the Agreement (hereinafter referred to as MNSA) shall be retreated only on agreed terms between the Parties:
The Parties to the Agreement
Recognizing that the separation, storage, transport and use of plutonium requires special measures to reduce the risk of nuclear proliferation;
Recognising the role of reprocessing in the efficient use of energy resources, in the management of materials contained in irradiated fuels or in other peaceful non-explosive applications including research;
Wishing a practical and unanticipated application of the agreed terms and conditions set out in this Annex, which would take into account the shared non-proliferation objectives of the Parties and the long-term needs of the programmes of the Round The fuel of the receiving Party;
Determinable to continue to support the development of international institutional arrangements for reprocessing and plutonium, including an effective and generally accepted international plutonium storage system,
Agreed to the following:
The MNSA can be reprocessed subject to the following conditions:
Consultations shall take place within 30 days of receipt of the request of either Party:
This Annex may be amended in accordance with Art. XVI of the Agreement.
| Bern, 28 January 1986 |
Ambassador,
I have the honour to acknowledge receipt of your letter of 28 January 1986, the contents of which are as follows:
| A. |
(i) |
Transfers of MNSA for conversion, enrichment to 20 per cent or less in isotope U 235, fuel fabrication, reprocessing and storage, may be carried out in accordance with the nuclear fuel cycle programme of which Reference is made to Annex B of the Agreement between Switzerland and third countries which have an agreement in force with Australia on nuclear transfers, on which the Government of Australia has not notified Switzerland that it had judged Necessary to suspend, cancel or refrain from undertaking nuclear transfers. |
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| (ii) |
Switzerland shall promptly notify Australia of such transfers, in accordance with the procedures set out in the Administrative Arrangement. |
| B. |
(i) |
Transfers of MNSA for conversion, enrichment to 20 per cent or less in isotope U 235 and fuel fabrication, may be carried out in accordance with the nuclear fuel cycle programme referred to in the Annex B of the Agreement between Switzerland and third countries which do not have an agreement in force with Australia. |
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| (ii) |
In such cases, it will be necessary to ensure the return of quantities of nuclear material equivalent to those supplied, either to Switzerland or to another country with an agreement in force with Australia on nuclear transfers, to That the Government of Australia did not warn Switzerland that it had considered it necessary to suspend, cancel or refrain from undertaking nuclear transfers. |
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| (iii) |
Switzerland shall promptly notify Australia of such transfers, in accordance with the procedures set out in the Administrative Arrangement. |
In reply, I have the honour to inform you that the foregoing is acceptable to the Government of Switzerland and to confirm that your letter of 28 January 1986 and this reply will constitute an Agreement between our two Governments, which will enter into force Effective on the date on which the Agreement between the Government of the Swiss Confederation and the Government of Australia concerning the peaceful use of nuclear energy enters into force and will remain in force for as long as this Agreement remains in force Vigor.
I take this opportunity to renew, Sir, the assurance of my high regard.
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Bern, 28 January 1986
Ambassador,
I have the honour to acknowledge receipt of your letter of 28 January 1986, the contents of which are as follows:
In reply, I have the honour to inform you that the foregoing is acceptable to the Government of Switzerland and to confirm that your letter of 28 January 1986 and this reply will constitute an Agreement between our two Governments, which will enter into force Effective on the date on which the Agreement between the Government of the Swiss Confederation and the Government of Australia concerning the peaceful use of nuclear energy will enter into force and shall remain in force for as long as this Agreement remains in force Vigor.
I take this opportunity to renew, Sir, the assurance of my high regard.
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