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The Swiss Federal Council and the Government of the Union of Soviet Socialist Republics,
Wishing to promote and expand their cooperation in the peaceful use of nuclear energy;
Whereas the Swiss Confederation and the Union of Soviet Socialist Republics are parties to the Treaty on the Non-Proliferation of Nuclear Weapons of 1 Er July 1968 2 , hereinafter referred to as "the Treaty";
Whereas the Swiss Confederation, a non-nuclear-armed state, signed on 6 September 1978 3 With the International Atomic Energy Agency, hereinafter referred to as "the Agency", the agreement entitled " Agreement between the Swiss Confederation and the International Atomic Energy Agency on the application of guarantees under the Treaty on Non-proliferation of nuclear weapons " (Agency document INFCIRC/264);
Whereas the Union of Soviet Socialist Republics, a State with nuclear weapons according to the definition of the Treaty, signed on 21 February 1985 with the Agency the agreement entitled " Agreement between the Union of Soviet Socialist Republics and The International Atomic Energy Agency concerning the application of guarantees in the Union of Soviet Socialist Republics " (Agency document INFCIRC/327);
Recognising that the Swiss Confederation and the Union of Soviet Socialist Republics have decided that, in relation to exports of materials, equipment and nuclear technology, they would act in accordance with the principles defined in the The "Guidelines for the Transfer of Nuclear Material", as published in the appendix to document INFCIRC/254;
Agreed on the following:
For the purposes of this Agreement:
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 as being duly authorized to receive those Elements.
3. The competent authorities of both Parties shall conclude notification arrangements and other administrative arrangements in order to apply the provisions of this Article.
Nuclear materials and non-nuclear materials subject to this Agreement shall not be used for the development and manufacture of nuclear weapons or other nuclear explosive devices, nor for military purposes.
Each Party shall take the necessary measures to ensure adequate security of nuclear material subject to its jurisdiction and shall, as a minimum, apply physical protection measures meeting the requirements set out in the recommendations Of the Agency.
With regard to nuclear material, compliance with the commitments set out in Article III of this Agreement shall be verified, in accordance with the safeguards agreement between each Party and the Agency.
2. In the Swiss Confederation, the requirement referred to in paragraph 1 of this Article is satisfied by the Agreement concluded on 6 September 1978 1 Between the Swiss Confederation and the International Atomic Energy Agency on the application of safeguards under the Treaty on the Non-Proliferation of Nuclear Weapons. In the Union of Soviet Socialist Republics, the requirement referred to in paragraph 1 of this Article is satisfied if the nuclear material subject to this Agreement is subject to the Agreement concluded on 21 February 1985 between the Union of Republics Soviet Socialist and the International Atomic Energy Agency concerning the application of guarantees in Union of Soviet Socialist Republics.
3. If, for any reason or at any given time, nuclear materials subject to this Agreement are not, or will not be subject to Agency safeguards, mutually acceptable on the territory of a Party, that Party shall conclude Immediately an agreement with the other Party for the establishment of an arrangement of safeguards applicable to these nuclear materials, offering guarantees equivalent to those provided for in the safeguards agreement applicable between that Party and the Agency On the date of signature of this Agreement.
1. Nuclear materials and non-nuclear materials subject to this Agreement shall not be transferred outside the jurisdiction of a Party without the prior consent of the other Party.
2. The Parties may agree on an arrangement in order to facilitate the application of paragraph 1 of this Article.
The nuclear material referred to in Article II of this Agreement shall remain subject to the provisions of this Agreement until:
2. Non-nuclear materials referred to in Article II of this Agreement shall remain subject to the provisions of this Agreement until:
3. 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 Of the guarantees referred to in Article V of this Agreement, both Parties shall 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.
1. Any dispute arising in the interpretation or application of this Agreement shall be settled by negotiation which the Parties undertake to conduct in good faith.
2. If, in spite of all their efforts, the two Parties fail to settle such a dispute through negotiation, the latter 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 60 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 60 days after the appointment or appointment of the second arbitrator, the third arbitrator has not been elected.
4. A majority of the members of the arbitration 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 arbitral tribunal.
Tribunal decisions will be binding on both Parties and will be enforced by them.
1. This Agreement may be amended at any time with the written agreement of the Parties.
2. Any such amendment shall enter into force in accordance with the procedures set out in Article X of this Agreement.
1. This Agreement shall enter into force on the day following the receipt of the last notification confirming the completion of the internal legal procedures necessary for its entry into force.
2. This Agreement shall have an initial validity period of thirty years and shall be extended automatically, each time for periods of five years, unless one Party informs the other, by written notification, of its intention to terminate it six months before The next deadline.
Notwithstanding the termination of this Agreement, obligations accepted by the Parties in accordance with Articles II, III, IV, V, VI, VII and VIII shall remain in force until such time as the Parties otherwise decide.
Done at Moscow, on 6 April 1990, in duplicate, each in the French and Russian languages, both versions being equally authentic.
For the Government |
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Swiss Federal Council: from the Union of Republics |
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Soviet Socialist: |
Ogi Konowalow |