Agreement GOI and IAEA application safeguard civil Nuke deal

7 July 2008
AGREEMENT BETWEEN THE GOVERNMENT OF INDIA
AND THE INTERNATIONAL ATOMIC ENERGY AGENCY
FOR THE APPLICATION OF SAFEGUARDS TO
CIVILIAN NUCLEAR FACILITIES
RECOGNIZING the significance India attaches to civilian nuclear energy
as an
efficient, clean and sustainable energy source for meeting global
energy demand, in particular for
meeting India's growing energy needs;
WHEREAS India is committed to the full development of its national
three-stage
nuclear programme to meet the twin challenges of energy security and
protection of the
environment;
WHEREAS India has a sovereign and inalienable right to carry out
nuclear research
and development activities for the welfare of its people and other
peaceful purposes;
WHEREAS India, a State with advanced nuclear technology, wishes to
expand civil
nuclear cooperation for its national development;
WHEREAS India is desirous of further expanding cooperation with the
International
Atomic Energy Agency (hereinafter referred to as "the Agency") and its
Member States with the
objective of the full development and use of nuclear energy for
peaceful purposes, on a stable,
reliable and predictable basis;
WHEREAS India supports the role of the Agency in the promotion of the
safe and
peaceful uses of nuclear energy as set forth in the Statute of the
Agency (hereinafter referred to as
the "Statute");
WHEREAS India and the Agency have long standing cooperation in various
aspects
of the Agency's activities;
RECOGNIZING that such cooperation between India and the Agency must be
carried out with full respect for the objectives of the Statute and
with due observance of the
sovereign rights of India;
WHEREAS the Statute authorizes the Agency to apply safeguards, at the
request of
the parties, to any bilateral or multilateral arrangement, or at the
request of a State to any of the
State's activities in the field of atomic energy and, in this context:
Noting the relevance for this Agreement of the understandings between
India and
the United States of America expressed in the India-U.S. Joint
Statement of 18
July 2005, in which India, inter alia, has stated its willingness:
• to identify and separate its civilian and military nuclear
facilities and
programmes in a phased manner;
• to file with the Agency a declaration regarding its civilian nuclear
facilities
(hereinafter referred to as "the Declaration");
• to take a decision to place voluntarily its civilian nuclear
facilities under
Agency safeguards;
Noting also for the purposes of this Agreement that:
• India will place its civilian nuclear facilities under Agency
safeguards so as
to facilitate full civil nuclear cooperation between India and Member
States
of the Agency and to provide assurance against withdrawal of
safeguarded
nuclear material from civilian use at any time;
• An essential basis of India's concurrence to accept Agency
safeguards under
an India-specific safeguards agreement (hereinafter referred to as
"this
Agreement") is the conclusion of international cooperation
arrangements
creating the necessary conditions for India to obtain access to the
international fuel market, including reliable, uninterrupted and
continuous
access to fuel supplies from companies in several nations, as well as
support
for an Indian effort to develop a strategic reserve of nuclear fuel to
guard
against any disruption of supply over the lifetime of India's
reactors; and
• India may take corrective measures to ensure uninterrupted operation
of its
civilian nuclear reactors in the event of disruption of foreign fuel
supplies;
WHEREAS India is desirous of expanding civil nuclear cooperation with
other Member
States of the Agency;
WHEREAS the conclusion of this Agreement is intended to facilitate the
broadest
possible cooperation between India and Member States of the Agency in
the peaceful uses of
nuclear energy and ensure international participation in the further
development of India's civilian
nuclear programme on a sustained and long-term basis;
RECALLING that the Agency in accordance with its Statute and
safeguards system must
take into account, in the implementation of safeguards in India, the
need to avoid hampering the
peaceful uses of nuclear energy, economic and technological
development or international
cooperation in the field of peaceful uses of nuclear energy; respect
health, safety and physical
protection and related security provisions in force in India; and take
every precaution to protect
commercial, technological and industrial secrets as well as other
confidential information coming
to its knowledge;
WHEREAS the frequency and intensity of activities described in this
Agreement shall be
kept to the minimum consistent with the objective of effective and
efficient Agency safeguards;
WHEREAS India has requested the Agency to apply safeguards with
respect to items
subject to this Agreement;
WHEREAS the Board of Governors of the Agency (hereinafter referred to
as the "Board")
acceded to that request on …………;
NOW THEREFORE, taking into account the above, India and the Agency
have agreed as
follows:
I.GENERAL CONSIDERATIONS
A. BASIC UNDERTAKINGS
1. India undertakes that none of the items subject to this Agreement,
as defined in paragraph 11,
shall be used for the manufacture of any nuclear weapon or to further
any other military
purpose and that such items shall be used exclusively for peaceful
purposes and shall not be
used for the manufacture of any nuclear explosive device.
2. The Agency undertakes to apply safeguards, in accordance with the
terms of this Agreement,
to the items subject to this Agreement, as defined in paragraph 11, so
as to ensure, as far as it
is able, that no such item is used for the manufacture of any nuclear
weapon or to further any
other military purpose and that such items are used exclusively for
peaceful purposes and not
for the manufacture of any nuclear explosive device.
B. GENERAL PRINCIPLES
3. The purpose of safeguards under this Agreement is to guard against
withdrawal of
safeguarded nuclear material from civilian use at any time.
4. The application of safeguards under this Agreement is intended to
facilitate implementation
of relevant bilateral or multilateral arrangements to which India is a
party, which are essential
to the accomplishment of the objective of this Agreement.
5. Bearing in mind Article II of the Statute, the Agency shall
implement safeguards in a manner
designed to avoid hampering India's economic or technological
development, and not to
hinder or otherwise interfere with any activities involving the use by
India of nuclear material,
non-nuclear material, equipment, components, information or technology
produced, acquired
or developed by India independent of this Agreement for its own
purposes.
6. The safeguards procedures set forth in this document shall be
implemented in a manner
designed to be consistent with prudent management practices required
for the economic and
safe conduct of nuclear activities.
7. In implementing safeguards, the Agency shall take every precaution
to protect commercial
and industrial secrets. No member of the Agency's staff shall
disclose, except to the Director
General and to such other members of the staff as the Director General
may authorize to have
such information by reason of their official duties in connection with
safeguards, any
commercial or industrial secret or any other confidential information
coming to his
knowledge by reason of the implementation of safeguards by the Agency.
8. The Agency shall not publish or communicate to any State,
organization or person any
information obtained by it in connection with the implementation of
safeguards in India,
except that:
(a) Specific information relating to such implementation in India may
be given to the Board
and to such Agency staff members as require such knowledge by reason
of their official
duties in connection with safeguards, but only to the extent necessary
for the Agency to
fulfil its safeguards responsibilities;
(b) Summarized lists of items being safeguarded by the Agency may be
published upon
decision of the Board; and
(c) Additional information may be published upon decision of the Board
and if all States
directly concerned agree.
9. In the light of Article XII.A.5 of the Statute, safeguards shall
continue with respect to
produced special fissionable material and to any materials substituted
therefor.
10. Nothing in this Agreement shall affect other rights and
obligations of India under
international law.
II. CIRCUMSTANCES REQUIRING SAFEGUARDS
A. ITEMS SUBJECT TO THIS AGREEMENT
11. The items subject to this Agreement shall be:
(a) Any facility listed in the Annex to this Agreement, as notified by
India pursuant to
paragraph 14(a) of this Agreement;
(b) Any nuclear material, non-nuclear material, equipment and
components supplied to India
which are required to be safeguarded pursuant to a bilateral or
multilateral arrangement to
which India is a party;
(c) Any nuclear material, including subsequent generations of special
fissionable material,
produced, processed or used in or by the use of a facility listed in
the Annex or in or by
the use of any nuclear material, non-nuclear material, equipment and
components
referred to in paragraph 11(b);
(d) Any nuclear material substituted in accordance with paragraph 27
or 30(d) of this
Agreement for nuclear material referred to in paragraph 11(b) or 11(c)
of this Agreement;
(e) Any heavy water substituted in accordance with paragraph 32 of
this Agreement for
heavy water subject to this Agreement;
(f) Any facility other than a facility identified in paragraph 11(a)
above, or any other
location in India, while producing, processing, using, fabricating or
storing any nuclear
material, non-nuclear material, equipment or components referred to in
paragraph 11(b),
(c), (d) or (e) of this Agreement, as notified by India pursuant to
paragraph 14(b) of this
Agreement.
12. The scope of this Agreement is limited to the items subject to
this Agreement as defined in
paragraph 11 above.
Declaration
13. Upon entry into force of this Agreement, and a determination by
India that all conditions
conducive to the accomplishment of the objective of this Agreement are
in place, India shall
file with the Agency a Declaration, based on its sovereign decision to
place voluntarily its
civilian nuclear facilities under Agency safeguards in a phased
manner.
Notifications
14.
(a) India, on the basis of its sole determination, shall notify the
Agency in writing of its
decision to offer for Agency safeguards a facility identified by India
in the Declaration
referred to in paragraph 13, or any other facility to be determined by
India. Any facility
so notified by India to the Agency will be included in the Annex, and
become subject to
this Agreement, as of the date of receipt by the Agency of such
written notification from
India.
(b) Should India, on the basis of its sole determination, decide to
import or transfer any
nuclear material, non-nuclear material, equipment or components
subject to this
Agreement to any facility or other location in India provided for in
paragraph 11(f) of this
Agreement, it shall so notify the Agency. Any such facility or
location so notified by
India pursuant to this sub-paragraph shall become subject to this
Agreement as of the date
of receipt by the Agency of such written notification from India.
15. India shall notify the Agency of the receipt of any nuclear
material, non-nuclear material,
equipment and components referred to in paragraph 11(b) of this
Agreement within four
weeks of the arrival in India of such nuclear material, non-nuclear
material, equipment and
components.
Provision of Information to the Agency
16. In the event that India's notification pursuant to paragraph 14(a)
of this Agreement relates to a
facility subject to Agency safeguards under another Safeguards
Agreement or Agreements in
India at the time of entry into force of this Agreement, India shall
provide the Agency, along
with the relevant notification, such information as is required
pursuant to the other
Safeguards Agreement or Agreements as relates to any nuclear material,
non-nuclear material,
equipment and components subject to safeguards thereunder.
17. With respect to any other facility listed in the Annex pursuant to
paragraph 14(a) of this
Agreement, India shall provide the Agency, within four weeks of the
relevant notification,
with:
(a) a list of all nuclear material at each such facility; and
(b) where relevant, and if required pursuant to a bilateral or
multilateral arrangement to
which India is party, information relating to:
(i) Any nuclear material, non-nuclear material, equipment and
components supplied to
India for production , processing, storage or use in such facility;
(ii) Any nuclear material, including subsequent generations of special
fissionable
material, produced, processed or used in or by the use of such
facility or in or by the
use of any nuclear material, non-nuclear material, equipment and
components
supplied to India for production, processing or use in such facility.
18. Each notification pursuant to paragraph 15 of the Agreement shall
include all information
relevant to the nuclear material, non-nuclear material, equipment and
components so notified,
including the facility or location where the nuclear material, non-
nuclear material, equipment
and components so notified will be received.
19. The information provided by India pursuant to paragraphs 16, 17
and 18 of this Agreement
shall specify, inter alia, to the extent relevant, the nuclear and
chemical composition, physical
form and quantity of the nuclear material; the date of shipment; the
date of receipt; the
identity of the consigner and the consignee; and any other relevant
information, such as the
type and capacity of any facility (or parts thereof), components or
equipment; and the type
and quantity of non-nuclear material. In the case of a facility or
other location subject to this
Agreement, the information to be provided shall include the type and
capacity of that facility
or location, and any other relevant information.
20. India shall thereafter notify the Agency by means of reports, in
accordance with this
Agreement, of any nuclear material, non-nuclear material, equipment
and components
referred to in paragraph 11(b), (c), (d) or (e) of this Agreement. The
Agency may verify the
calculations of the amounts and/or quantities of such nuclear
material, non-nuclear material,
equipment and components, and appropriate adjustments shall be made by
agreement
between India and the Agency.
21. The Agency shall maintain an inventory of items subject to this
Agreement. The Agency shall
send a copy of the inventory it maintains with respect to such
information to India every
twelve months and also at any other times specified by India in a
request communicated to
the Agency at least two weeks in advance.
B. SAFEGUARDS UNDER OTHER AGREEMENTS
22. The application of Agency safeguards under other Safeguards
Agreements concluded by
India with the Agency and in force at the time of entry into force of
this Agreement may,
subject to agreement by the Parties to such other Safeguards
Agreements and following
notification by India of the relevant facilities pursuant to paragraph
14(a), be suspended while
this Agreement is in force. The application of safeguards under this
Agreement to nuclear
material, non-nuclear material, equipment or components subject to
safeguards under such
other Agreements shall commence as of the date of receipt by the
Agency of India's
notification. India's undertaking not to use items subject thereto in
such a way as to further
any military purpose, and its undertaking that such items shall be
used exclusively for
peaceful purposes and shall not be used for the manufacture of any
nuclear explosive device,
shall continue to apply.
C. EXEMPTIONS FROM SAFEGUARDS
General Exemptions
23. Nuclear material that would otherwise be subject to safeguards
shall be exempted from
safeguards at the request of India, provided that the material so
exempted in India may not at
any time exceed:
(a) 1 kilogram in total of special fissionable material, which may
consist of one or more of
the following:
(i) Plutonium;
(ii) Uranium with an enrichment of 0.2 (20 %) and above, taken account
of by
multiplying its weight by its enrichment;
(iii) Uranium with an enrichment below 0.2 (20 %) and above that of
natural uranium,
taken account of by multiplying its weight by five times the square of
its enrichment;
(b) 10 metric tons in total of natural uranium and depleted uranium
with an enrichment above
0.005 (0.5 %);
(c) 20 metric tons of depleted uranium with an enrichment of 0.005
(0.5 %) or below; and
(d) 20 metric tons of thorium.
Exemptions Related to Reactors
24. Produced or used nuclear material that would otherwise be subject
to safeguards because it is
being or has been produced, processed or used in a reactor which has
been supplied wholly or
substantially under a project agreement, submitted to safeguards under
a safeguards
agreement by the parties to a bilateral or multilateral arrangement or
unilaterally submitted to
safeguards under a safeguards agreement; or because it is being or has
been produced in or by
the use of safeguarded nuclear material, shall be exempted from
safeguards if:
(a) It is plutonium produced in the fuel of a reactor whose rate of
production does not exceed
100 grams of plutonium per year; or
(b) It is produced in a reactor determined by the Agency to have a
maximum calculated
power for continuous operation of less than 3 thermal megawatts, or is
used in such a
reactor and would not be subject to safeguards except for such use,
provided that the total
power of the reactors with respect to which these exemptions apply in
any State may not
exceed 6 thermal megawatts.
25. Produced special fissionable material that would otherwise be
subject to safeguards only
because it has been produced in or by the use of safeguarded nuclear
material shall in part be
exempted from safeguards if it is produced in a reactor in which the
ratio of fissionable
isotopes within safeguarded nuclear material to all fissionable
isotopes is less than 0.3
(calculated each time any change is made in the loading of the reactor
and assumed to be
maintained until the next such change). Such fraction of the produced
material as corresponds
to the calculated ratio shall be subject to safeguards.
D. SUSPENSION OF SAFEGUARDS
26. Safeguards with respect to nuclear material may be suspended while
the material is
transferred, under an arrangement or agreement approved by the Agency,
for the purpose of
processing, reprocessing, testing, research or development, within
India or to any other
Member State or to an international organization, provided that the
quantities of nuclear
material with respect to which safeguards are thus suspended in India
may not at any time
exceed:
(a) 1 effective kilogram of special fissionable material;
(b) 10 metric tons in total of natural uranium and depleted uranium
with an enrichment 0.005
(0.5 %);
(c) 20 metric tons of depleted uranium with an enrichment of 0.005
(0.5 %) or below; and
(d) 20 metric tons of thorium.
27. Safeguards with respect to nuclear material in irradiated fuel
which is transferred for the
purpose of reprocessing may also be suspended if the State or States
concerned have, with the
agreement of the Agency, placed under safeguards substitute nuclear
material in accordance
with paragraph 30(d) of this Agreement for the period of suspension.
In addition, safeguards
with respect to plutonium contained in irradiated fuel which is
transferred for the purpose of
reprocessing may be suspended for a period not to exceed six months if
the State or States
concerned have, with the agreement of the Agency, placed under
safeguards a quantity of
uranium whose enrichment in the isotope uranium-235 is not less than
0.9 (90%) and the
uranium-235 content of which is equal in weight to such plutonium.
Upon expiration of the
said six months or the completion of reprocessing, whichever is
earlier, safeguards shall, with
the agreement of the Agency, be applied to such plutonium and shall
cease to apply to the
uranium substituted therefor.
28. Under conditions specified in the Subsidiary Arrangements, the
Agency shall suspend
safeguards with respect to any parts of the facilities listed in the
Annex which are removed
for maintenance or repair.
E. TERMINATION OF SAFEGUARDS
29. The termination of safeguards on items subject to this Agreement
shall be implemented
taking into account the provisions of GOV/1621 (20 August 1973).
30. Nuclear material shall no longer be subject to safeguards under
this Agreement after:
(a) It has been returned to the State that originally supplied it
(whether directly or through the
Agency), if it was subject to safeguards only by reason of such supply
and if:
(i) It was not improved while under safeguards; or
(ii) Any special fissionable material that was produced in it under
safeguards has been
separated out, or safeguards with respect to such produced material
have been
terminated ; or
(b) The Agency has determined that:
(i) It was subject to safeguards only by reason of its use in a
principal nuclear facility
which has been supplied wholly or substantially under a project
agreement, submitted
to safeguards under a safeguards agreement by the parties to a
bilateral or multilateral
arrangement or unilaterally submitted to safeguards under a safeguards
agreement;
(ii) It has been removed from such a facility; and
(iii) Any special fissionable material that was produced in it under
safeguards has been
separated out, or safeguards with respect to such produced material
have been
terminated; or
(c) The Agency has determined that it has been consumed, or has been
diluted in such a way
that it is no longer usable for any nuclear activity relevant from the
point of view of
safeguards, or has become practicably irrecoverable; or
(d) India has, with the agreement of the Agency, placed under
safeguards, as a substitute,
such amount of the same element, not otherwise subject to safeguards,
as the Agency has
determined contains fissionable isotopes:
(i) Whose weight (with due allowance for processing losses) is equal
to or greater than
the weight of the fissionable isotopes of the material with respect to
which safeguards
are to terminate; and
(ii) Whose ratio by weight to the total substituted element is similar
to or greater than the
ratio by weight of the fissionable isotopes of the material with
respect to which
safeguards are to terminate to the total weight of such material;
provided that the Agency may agree to the substitution of plutonium
for uranium-235
contained in uranium whose enrichment is not greater than 0.05 (5.0
%); or
(e) It has been transferred out of India under paragraph 33(d) of this
Agreement, provided
that such material shall again be subject to safeguards if it is
returned to India; or
(f) The terms of this Agreement, pursuant to which it was subject to
safeguards under this
Agreement, no longer apply, by expiration of this Agreement or
otherwise.
31. If India wishes to use safeguarded source material for non-nuclear
purposes, such as the
production of alloys or ceramics, it shall agree with the Agency on
the circumstances under
which the safeguards on such material may be terminated.
32. Safeguards shall be terminated on a facility listed in the Annex
after India and the Agency
have jointly determined that the facility is no longer usable for any
nuclear activity relevant
from the point of view of safeguards. Safeguards on non-nuclear
material, equipment and
components subject to this Agreement may be terminated as and when the
non-nuclear
material, equipment or components have been returned to the supplier
or arrangements have
been made by the Agency to safeguard the non-nuclear material,
equipment or components in
the State to which it is being transferred, or when India and the
Agency have jointly
determined that the non-nuclear material, equipment or component in
question has been
consumed, is no longer usable for any nuclear activity relevant from
the point of view of
safeguards or has become practicably irrecoverable. Safeguards may be
terminated on heavy
water upon India's placing under safeguards as substitute the same
amount of heavy water of
equivalent or better heavy water concentration.
F. TRANSFERS
33. No safeguarded nuclear material shall be transferred outside the
jurisdiction of India until the
Agency has satisfied itself that one or more of the following
conditions apply:
(a) The material is being returned, under the conditions specified in
paragraph 30(a) of this
Agreement, to the State that originally supplied it; or
(b) The material is being transferred subject to the provisions of
paragraph 26 or 27 of this
Agreement; or
(c) Arrangements have been made by the Agency to safeguard the
material in the State to
which it is being transferred; or
(d) The material was not subject to safeguards pursuant to a project
agreement and will be
subject, in the State to which it is being transferred, to safeguards
other than those of the
Agency but generally consistent with such safeguards and accepted by
the Agency.
34. India shall notify the Agency of its intention to transfer within
its jurisdiction any nuclear
material, non-nuclear material, equipment or component subject to this
Agreement to any
facility or location in India to which paragraph 11(f) applies and
shall provide to the Agency,
before such transfer is effected, the necessary information to enable
the Agency to make
arrangements for the application of safeguards to such nuclear
material, non-nuclear material,
equipment or component after its transfer. The Agency shall also be
given the opportunity as
early as possible in advance of such a transfer to review the design
of the facility for the sole
purpose of determining that the arrangements provided for in this
Agreement can be
effectively applied. India may transfer the nuclear material, non-
nuclear material, equipment
or component only after the Agency has confirmed that it has made such
arrangements.
35. India shall notify the Agency of its intention to transfer any
nuclear material, non-nuclear
material, equipment or component subject to this Agreement to a
recipient which is not under
the jurisdiction of India. Except as provided for in paragraph 30(a)
of this Agreement, such
nuclear material, non-nuclear material, equipment or component shall
be so transferred only
after the Agency has informed India that it has satisfied itself that
Agency safeguards will
apply with respect to the nuclear material, non-nuclear material,
equipment or component in
the recipient country. Upon receipt by the Agency of the notification
of transfer from India
and the confirmation of receipt by the recipient country, safeguards
on such nuclear material,
non-nuclear material, equipment or component shall be terminated under
this Agreement.
36. The notifications referred to in paragraphs 34 and 35 of this
Agreement shall be made to the
Agency sufficiently in advance to enable it to make the arrangements
required before the
transfer is effected. The Agency shall promptly take any necessary
action. The time limits for
and the contents of these notifications shall be set out in the
Subsidiary Arrangements.
III. SAFEGUARDS PROCEDURES
A. GENERAL PROCEDURES
Introduction
37. The safeguards procedures to be applied by the Agency are those
specified in this Agreement,
as well as such additional procedures as result from technological
developments, and other
procedures as may be agreed to between the Agency and India. The
safeguards procedures set
forth below shall be followed, as far as relevant, with respect to any
item subject to this
Agreement.
38. The Agency shall conclude with India Subsidiary Arrangements
concerning the
implementation of the safeguards procedures referred to above. The
Subsidiary Arrangements
shall also include any necessary arrangements for the application of
safeguards to any item
subject to this Agreement, including such containment and surveillance
measures as are
required for the effective implementation of safeguards. The
Subsidiary Arrangements shall
enter into force no later than six months after entry into force of
this Agreement.
Design Review
39. The Agency shall review the design of principal nuclear
facilities, for the sole purpose of
satisfying itself that a facility will permit the effective
application of safeguards.
40. The design review of a principal nuclear facility shall take place
at as early a stage as possible.
In particular, such review shall be carried out in the case of:
(a) An Agency project, before the project is approved;
(b) A bilateral or multilateral arrangement under which the
responsibility for administering
safeguards is to be transferred to the Agency, or an activity or
facility unilaterally
submitted by India, before the Agency assumes safeguards
responsibilities with respect to
the facility;
(c) A transfer of safeguarded nuclear material to a principal nuclear
facility whose design has
not previously been reviewed, before such transfer takes place; and
(d) A significant modification of a principal nuclear facility whose
design has previously
been reviewed, before such modification is undertaken.
41. To enable the Agency to perform the required design review, India
shall submit to it relevant
design information sufficient for the purpose, including information
on such basic
characteristics of the principal nuclear facility as may bear on the
Agency's safeguards
procedures. The Agency shall require only the minimum amount of
information and data
consistent with carrying out its responsibility under this section. It
shall complete the review
promptly after the submission of this information by India and shall
notify the latter of its
conclusions without delay.
42. If the Agency wishes to examine design information which India
regards as sensitive, the
Agency shall, if India so requests, conduct the examination on
premises in India. Such
information should not be physically transmitted to the Agency
provided that it remains
readily available for examination by the Agency in India.
Records
43. India shall arrange for the keeping of records with respect to
principal nuclear facilities and
also with respect to all safeguarded nuclear material outside such
facilities. For this purpose
India and the Agency shall agree on a system of records with respect
to each facility and also
with respect to such material, on the basis of proposals to be
submitted by India in sufficient
time to allow the Agency to review them before the records need to be
kept.
44. All records shall be kept in English.
45. The records shall consist, as appropriate, of:
(a) Accounting records of all safeguarded nuclear material; and
(b) Operating records for principal nuclear facilities.
46. All records shall be retained for at least two years.
Reports
General Requirements
47. India shall submit to the Agency reports with respect to the
production, processing and use of
safeguarded nuclear material in or outside principal nuclear
facilities. For this purpose, India
and the Agency shall agree on a system of reports with respect to each
facility and also with
respect to safeguarded nuclear material outside such facilities, on
the basis of proposals to be
submitted by India in sufficient time to allow the Agency to review
them before the reports
need to be submitted. The reports need include only such information
as is relevant for the
purpose of safeguards.
48. All reports shall be submitted in English.
Routine Reports
49. Routine reports shall be based on the records compiled in
accordance with paragraphs 43 to
46 of this Agreement and shall consist, as appropriate, of:
(a) Accounting reports showing the receipt, transfer out, inventory
and use of all safeguarded
nuclear material. The inventory shall indicate the nuclear and
chemical composition and
physical form of all material and its location on the date of the
report; and
(b) Operating reports showing the use that has been made of each
principal nuclear facility
since the last report and, as far as possible, the programme of future
work in the period
until the next routine report is expected to reach the Agency.
50. The first routine report shall be submitted as soon as:
(a) There is any safeguarded nuclear material to be accounted for; or
(b) The principal nuclear facility to which it relates is in a
condition to operate.
Progress in Construction
51. The Agency may request information as to when particular stages in
the construction of a
principal nuclear facility have been or are to be reached.
Special Reports
52. India shall report to the Agency without delay:
(a) If any unusual incident occurs involving actual or potential loss
or destruction of, or
damage to, any safeguarded nuclear material or principal nuclear
facility;
(b) If there is good reason to believe that safeguarded nuclear
material is lost or unaccounted
for in quantities that exceed the normal operating and handling losses
that have been
accepted by the Agency as characteristic of the facility; or
(c) Disruption of operation of facilities listed in the Annex on
account of material violation
or breach of bilateral or multilateral arrangements to which India is
a party.
53. India shall report to the Agency, as soon as possible, and in any
case within two weeks, any
transfer not requiring advance notification that will result in a
significant change (to be
defined by the Agency in agreement with India) in the quantity of
safeguarded nuclear
material in a principal nuclear facility. Such report shall indicate
the amount and nature of the
material and its intended use.
Amplification of Reports
54. At the Agency's request, India shall submit amplifications or
clarifications of any report, in so
far as relevant for the purpose of safeguards.
Inspections
General Procedures
55. The Agency may inspect any items subject to this Agreement.
56. The purpose of safeguards inspections under this Agreement shall
be to verify compliance by
India with this Agreement and to assist India in complying with this
Agreement and in
resolving any questions arising out of the implementation of
safeguards.
57. The number, duration and intensity of inspections actually carried
out shall be kept to the
minimum consistent with the effective implementation of safeguards,
and if the Agency
considers that the authorized inspections are not all required, fewer
shall be carried out.
58. Inspectors shall neither operate any facility themselves nor
direct the staff of a facility to
carry out any particular operation.
Routine Inspections
59. Routine inspections may include, as appropriate:
(a) Audit of records and reports;
(b) Verification of the amount of safeguarded nuclear material by
physical inspection,
measurement and sampling;
(c) Examination of principal nuclear facilities, including a check of
their measuring
instruments and operating characteristics; and
(d) Check of the operations carried out at principal nuclear
facilities.
60. Whenever the Agency has the right of access to a principal nuclear
facility at all times, it may
perform inspections of which notice as required by paragraph 4 of the
Inspectors Document
need not be given, in so far as this is necessary for the effective
application of safeguards.
The actual procedures to implement these provisions shall be agreed
upon between India and
the Agency.
Initial Inspections of a Principal Nuclear Facility
61. To verify that the construction of a principal nuclear facility is
in accordance with the design
reviewed by the Agency, an initial inspection or inspections of the
facility may be carried out:
(a) As soon as possible after the facility has come under Agency
safeguards, in the case of a
facility already in operation; and
(b) Before the facility starts to operate, in other cases.
62. The measuring instruments and operating characteristics of the
facility shall be reviewed to
the extent necessary for the purpose of implementing safeguards.
Instruments that will be
used to obtain data on the nuclear materials in the facility may be
tested to determine their
satisfactory functioning. Such testing may include the observation by
inspectors of
commissioning or routine tests by the staff of the facility, but shall
not hamper or delay the
construction, commissioning or normal operation of the facility.
Special Inspections
63. The Agency may carry out special inspections if:
(a) The study of a report indicates that such inspection is desirable;
or
(b) Any unforeseen circumstance requires immediate action.
The Board shall subsequently be informed of the reasons for and the
results of each such
inspection.
64. The Agency may also carry out special inspections of substantial
amounts of safeguarded
nuclear material that are to be transferred outside the jurisdiction
of India, for which purpose
India shall give the Agency sufficient advance notice of any such
proposed transfer.
B. SPECIAL PROCEDURES FOR REACTORS
Reports
65. The frequency of submission of routine reports shall be agreed
between the Agency and India,
taking into account the frequency established for routine inspections.
However, at least two
such reports shall be submitted each year and in no case shall more
than 12 such reports be
required in any year.
Inspections
66. One of the initial inspections of a reactor shall if possible be
made just before the reactor first
reaches criticality.
67. The maximum frequency of routine inspections of a reactor and of
the safeguarded nuclear
material in it shall be determined from the following table:
Whichever is the largest of: (a) Facility inventory (including
loading);
(b) Annual throughput; (c) Maximum potential annual production of
special fissionable material (Effective kilograms of nuclear material)
Maximum number of routine
inspections annually
Up to 1 More than 1 and up to 5 More than 5 and up to 10 More than
10 and up to 15 More than 15 and up to 20 More than 20 and up to 25
More than 25 and up to 30 More than 30 and up to 35 More than 35 and
up to 40 More than 40 and up to 45 More than 45 and up to 50 More
than 50 and up to 55 More than 55 and up to 60 More than 60
0 1 2 3 4 5 6 7 8 9 10 11 12
Right of access at all times
68. The actual frequency of inspection of a reactor shall take account
of:
(a) The fact that India possesses irradiated fuel reprocessing
facilities:
(b) The nature of the reactor; and
(c) The nature and amount of the nuclear material produced or used in
the reactor.
C. SPECIAL PROCEDURES RELATING TO SAFEGUARDED NUCLEAR
MATERIAL OUTSIDE PRINCIPAL NUCLEAR FACILITIES
Nuclear Material in Research and Development Facilities
Routine Reports
69. Only accounting reports need be submitted in respect of nuclear
material in research and
development facilities. The frequency of submission of such routine
reports shall be agreed
between the Agency and India, taking into account the frequency
established for routine
inspections; however, at least one such report shall be submitted each
year and in no case
shall more than 12 such reports be required in any year.
Routine Inspections
70. The maximum frequency of routine inspections of safeguarded
nuclear material in a research
and development facility shall be that specified in the table in
paragraph 67 of this Agreement
for the total amount of material in the facility.
Source Material in Sealed Storage
71. The following simplified procedures for safeguarding stockpiled
source material shall be
applied if India undertakes to store such material in a sealed storage
facility and not to
remove it therefrom without previously informing the Agency.
Design of Storage Facilities
72. India shall submit to the Agency information on the design of each
sealed storage facility and
agree with the Agency on the method and procedure for sealing it.
Routine Reports
73. Two routine accounting reports in respect of source material in
sealed storage shall be
submitted each year.
Routine Inspections
74. The Agency may perform one routine inspection of each sealed
storage facility annually.
Removal of Material
75. India may remove safeguarded source material from a sealed storage
facility after informing
the Agency of the amount, type and intended use of the material to be
removed, and
providing sufficient other data in time to enable the Agency to
continue safeguarding the
material after it has been removed.
Nuclear Material in Other Locations
76. Except to the extent that safeguarded nuclear material outside of
principal nuclear facilities is
covered by any of the provisions set forth in paragraphs 69 to 75 of
this Agreement, the
following procedures shall be applied with respect to such material
(for example, source
material stored elsewhere than in a sealed storage facility, or
special fissionable material used
in a sealed neutron source in the field).
Routine Reports
77. Routine accounting reports in respect of all safeguarded nuclear
material in this category shall
be submitted periodically. The frequency of submission of such reports
shall be agreed
between the Agency and India, taking into account the frequency
established for routine
inspections; however, at least one such report shall be submitted each
year and in no case
shall more than 12 such reports be required in any year.
Routine Inspections
78. The maximum frequency of routine inspections of safeguarded
nuclear material in this
category shall be one inspection annually if the total amount of such
material does not exceed
five effective kilograms, and shall be determined from the table in
paragraph 67 of this
Agreement if the amount is greater.
D. PROVISIONS FOR REPROCESSING PLANTS
Introduction
79. Additional procedures applicable to the safeguarding of
reprocessing plants are set out below.
Special Procedures
Reports
80. The frequency of submission of routine reports shall be once each
calendar month.
Inspections
81. A reprocessing plant having an annual throughput not exceeding 5
effective kilograms of
nuclear material, and the safeguarded nuclear material in it, may be
routinely inspected twice
a year. The reprocessing plant, having an annual throughput exceeding
5 effective kilograms
of nuclear material, and the safeguarded nuclear material in it, may
be inspected at all times.
The arrangements for inspections set forth in paragraph 60 of this
Agreement shall apply to
all inspections to be made under this paragraph. It is understood that
for plants having an
annual throughput of more than 60 effective kilograms, the right of
access at all times would
be normally be implemented by means of continuous inspection.
82. When a reprocessing plant is under Agency safeguards only because
it contains safeguarded
nuclear material, the inspection frequency shall be based on the rate
of delivery of
safeguarded nuclear material.
83. India and the Agency shall cooperate in making all the necessary
arrangements to facilitate
the taking, shipping or analysis of samples, due account being taken
of the limitations
imposed by the characteristics of a plant already in operation when
placed under Agency
safeguards.
Mixtures of Safeguarded and Unsafeguarded Nuclear Material
84. India and the Agency may agree on the following special
arrangements in the case of a
reprocessing plant which has not been supplied wholly or substantially
under a project
agreement, submitted to safeguards under a safeguards agreement by the
parties to a bilateral
or multilateral arrangement or unilaterally submitted to safeguards
under a safeguards
agreement, and in which safeguarded and unsafeguarded nuclear
materials are present:
(a) Subject to the provisions of sub-paragraph (b) below, the Agency
shall restrict its
safeguards procedures to the area in which irradiated fuel is stored,
until such time as all
or any part of such fuel is transferred out of the storage area into
other parts of the plant.
Safeguards procedures shall cease to apply to the storage area or
plant when either
contains no safeguarded nuclear material; and
(b) Where possible, safeguarded nuclear material shall be measured and
sampled separately
from unsafeguarded material, and at as early a stage as possible.
Where separate
measurement, sampling or processing are not possible, the whole of the
material being
processed in that campaign shall be subject to the safeguards
procedures set out in Part
III.D of this Agreement. At the conclusion of the processing the
nuclear material that is
thereafter to be safeguarded shall be selected by agreement between
India and the Agency
from the whole output of the plant resulting from that campaign, due
account being taken
of any processing losses accepted by the Agency.
E. PROVISIONS FOR CONVERSION PLANTS, ENRICHMENT PLANTS
AND FABRICATION PLANTS
Introduction
85. Additional procedures applicable to conversion plants and
fabrication plants are set out below.
This terminology is synonymous with the term "a plant for processing
or fabricating nuclear
material (excepting a mine or ore-processing plant)" which is used in
paragraph 117 of this
Agreement.
86. In the event that India decides to offer an enrichment plant in
the future as a facility subject to
this Agreement, the Agency and India shall consult and agree on the
application of the
Agency's safeguards procedures for enrichment plants before any such
facility is added to the
Annex.
Special Procedures
Reports
87. The frequency of submission of routine reports shall be once each
calendar month.
Inspections
88. A conversion plant or a fabrication plant which has been supplied
wholly or substantially
under a project agreement, submitted to safeguards under a safeguards
agreement by the
parties to a bilateral or multilateral arrangement, or unilaterally
submitted to safeguards under
a safeguards agreement, and the nuclear material in it, may be
inspected at all times if the
plant inventory at any time, or the annual input, of nuclear material
exceeds five effective
kilograms. Where neither the inventory at any time, nor the annual
input, exceeds five
effective kilograms of nuclear material, the routine inspections shall
not exceed two a year.
The arrangements for inspections set forth in paragraph 57 of this
Agreement shall apply to
all inspections to be made under this paragraph. It is understood
that, for plants having an
inventory at any time, or an annual input, of more than 60 effective
kilograms, the right of
access at all times would normally be implemented by means of
continuous inspection.
Where neither the inventory at any time nor the annual input exceeds
one effective kilogram
of nuclear material, the plant would not normally be subject to
routine inspection.
89. When a conversion plant or a fabrication plant which has not been
supplied wholly or
substantially under a project agreement, submitted to safeguards under
a safeguards
agreement by the parties to a bilateral or multilateral arrangement or
unilaterally submitted to
safeguards under a safeguards agreement contains safeguarded nuclear
material, the
frequency of routine inspections shall be based on the inventory at
any time and the annual
input of safeguarded nuclear material. Where the inventory at any
time, or the annual input,
of safeguarded nuclear material exceeds five effective kilograms the
plant may be inspected
at all times. Where neither the inventory at any time, nor the annual
input, exceeds five
effective kilograms of safeguarded nuclear material, the routine
inspections shall not exceed
two a year. The arrangements for inspection set forth in paragraph 60
shall apply to all
inspections to be made under this paragraph. It is understood that,
for plants having an
inventory at any time, or an annual input, of more than 60 effective
kilograms, the right of
access at all times would normally be implemented by means of
continuous inspection.
Where neither the inventory at any time nor the annual input exceeds
one effective kilogram
of nuclear material, the plant would not normally be subject to
routine inspection.
90. The intensity of inspection of safeguarded nuclear material at
various steps in a conversion
plant or a fabrication plant shall take account of the nature,
isotopic composition and amount
of safeguarded nuclear material in the plant. Safeguards shall be
applied in accordance with
the general principles set forth in paragraphs 4 to 8 of this
Agreement. Emphasis shall be
placed on inspection to control uranium of high enrichments and
plutonium.
91. Where a plant may handle safeguarded and unsafeguarded nuclear
material, India shall notify
the Agency in advance of the programme for handling safeguarded
batches to enable the
Agency to make inspections during these periods, due account being
also taken of the
arrangements under paragraph 92 of this Agreement.
92. India and the Agency shall cooperate in making all the necessary
arrangements to facilitate
the preparation of inventories of safeguarded nuclear material and the
taking, shipping and/or
analysis of samples, due account being taken of the limitations
imposed by the characteristics
of a plant already in operation when placed under Agency safeguards.
Residues, Scrap and Waste
93. India shall ensure that safeguarded nuclear material contained in
residues, scrap or waste
created during conversion or fabrication is recovered, as far as is
practicable, in its facilities
and within a reasonable period of time. If such recovery is not
considered practicable by India,
India and the Agency shall cooperate in making arrangements to account
for and dispose of
the material.
Safeguarded and Unsafeguarded Nuclear Material
94. India and the Agency may agree on the following special
arrangements in the case of a
conversion plant or a fabrication plant which has not been supplied
wholly or substantially
under a project agreement, submitted to safeguards under a safeguards
agreement by the
parties to a bilateral or multilateral arrangement or unilaterally
submitted to safeguards under
a safeguards agreement, and in which safeguarded and unsafeguarded
nuclear material are
both present:
(a) Subject to the provisions of sub-paragraph (b) below, the Agency
shall restrict its
safeguards procedures to the area in which safeguarded nuclear
material is stored, until
such time as all or any part of such nuclear material is transferred
out of the storage area
into other parts of the plant. Safeguards procedures shall cease to be
applied to the
storage area or plant when it contains no safeguarded nuclear
material; and
(b) Where possible, safeguarded nuclear material shall be measured and
sampled separately
from unsafeguarded nuclear material, and at as early a stage as
possible. Where separate
measurement, sampling or processing is not possible, any nuclear
material containing
safeguarded nuclear material shall be subject to the safeguards
procedures set out in Part
III.E of this Agreement. At the conclusion of processing, the nuclear
material that is
thereafter to be safeguarded shall be selected, in accordance with
paragraph 96 of this
Agreement when applicable, by agreement between India and the Agency,
due account
being taken of any processing losses accepted by the Agency.
Blending of Nuclear Material
95. When safeguarded nuclear material is to be blended with either
safeguarded or unsafeguarded
nuclear material, the State shall notify the Agency sufficiently in
advance of the programme
of blending to enable the Agency to exercise its right to obtain
evidence, through inspection
of the blending operation or otherwise, that the blending is performed
according to the
programme.
96. When safeguarded and unsafeguarded nuclear material are blended,
if the ratio of fissionable
isotopes in the safeguarded component going into the blend to all the
fissionable isotopes in
the blend is 0.3 or greater, and if the concentration of fissionable
isotopes in the
unsafeguarded nuclear material is increased by such blending, then the
whole blend shall
remain subject to safeguards. In other cases, the following procedures
shall apply:
(a) Plutonium/plutonium blending: The quantity of the blend that shall
continue to be
safeguarded shall be such that its weight, when multiplied by the
square of the weight
fraction of contained fissionable isotopes, is not less than the
weight of originally
safeguarded plutonium multiplied by the square of the weight fraction
of fissionable
isotopes therein, provided however that:
(i) In cases where the weight of the whole blend, when multiplied by
the square of the
weight fraction of contained fissionable isotopes, is less than the
weight of originally
safeguarded plutonium multiplied by the square of the weight fraction
of fissionable
isotopes therein, the whole of the blend shall be safeguarded; and
(ii) The number of fissionable atoms in the portion of the blend that
shall continue to be
under safeguards shall in no case be less than the number of
fissionable atoms in the
originally safeguarded plutonium;
(b) Uranium/uranium blending: The quantity of the blend that shall
continue to be
safeguarded shall be such that the number of effective kilograms is
not less than the
number of effective kilograms in the originally safeguarded uranium,
provided however
that:
(i) In cases where the number of effective kilograms in the whole
blend is less than in
the safeguarded uranium, the whole of the blend shall be safeguarded;
and
(ii) The number of fissionable atoms in the portion of the blend that
shall continue to be
under safeguards shall in no case be less than the number of
fissionable atoms in the
originally safeguarded uranium;
(c) Uranium/plutonium blending: The whole of the resultant blend shall
be safeguarded until
the uranium and the plutonium constituents are separated. After
separation of the uranium
and plutonium, safeguards shall apply to the originally safeguarded
component; and
(d) Due account shall be taken of any processing losses agreed upon
between the State and
the Agency.
IV. AGENCY INSPECTORS
97. The provisions of paragraphs 1 to 10 and 12 to 14, inclusive, of
the Inspectors Document
shall apply to Agency inspectors performing functions pursuant to this
Agreement. However,
paragraph 4 of the Inspectors Document shall not apply with regard to
any facility or to
nuclear material to which the Agency has access at all times. The
actual procedures to
implement paragraph 60 of this Agreement shall be agreed to between
the Agency and India.
98. The relevant provisions of the Agreement on the Privileges and
Immunities of the Agency
(INFCIRC/9/Rev.2) shall apply to the Agency, its inspectors performing
functions under this
Agreement and to any property of the Agency used by them in the
performance of their
functions under this Agreement.
V. PHYSICAL PROTECTION
99. India shall take all suitable measures necessary for the physical
protection of the facilities and
nuclear material subject to this Agreement, taking into account the
recommendations made in
Agency's document INFCIRC/225/Rev.4, as may be amended from time to
time.
VI. SYSTEM OF ACCOUNTING AND CONTROL
100. India shall establish and maintain a system of accounting for and
control of all items
subject to safeguards under this Agreement, in accordance with
provisions to be set out in the
Subsidiary Arrangements.
VII. FINANCE
101. India and the Agency shall each bear any expense incurred in the
implementation of their
responsibilities under this Agreement. The Agency shall reimburse
India for any special
expenses, including those referred to in paragraph 6 of the Inspectors
Document, incurred by
India or persons under its jurisdiction at the written request of the
Agency, if India notified
the Agency before the expense was incurred that reimbursement would be
required. These
provisions shall not prejudice the allocation of expenses attributable
to a failure by either
India or the Agency to comply with this Agreement.
102. India shall ensure that any protection against third party
liability, including any insurance
or other financial security, in respect of a nuclear incident
occurring in a facility under its
jurisdiction shall apply to the Agency and its inspectors when
carrying out their functions
under this Agreement as that protection applies to nationals of India.
VIII. NON-COMPLIANCE
103. If the Board determines in accordance with Article XII.C of the
Statute of the Agency
that there has been any non-compliance by India with this Agreement,
the Board shall call
upon India to remedy such non-compliance forthwith, and shall make
such reports as it deems
appropriate. In the event of failure by India to take full remedial
action within a reasonable
time, the Board may take any other measures provided for in Article
XII.C of the Statute. The
Agency shall promptly notify India in the event of any determination
by the Board pursuant
in this regard.
IX. COOPERATION, INTERPRETATION AND
APPLICATION OF THE AGREEMENT AND SETTLEMENT
OF DISPUTES
104. The Agency and India shall cooperate to facilitate the
implementation of this Agreement.
105. At the request of either India or the Agency, there shall be
consultations about any
question arising out of the interpretation or application of this
Agreement. India and the
Agency shall endeavour to settle by negotiation any dispute arising
from the interpretation or
application of this Agreement. India shall have the right to request
that any question arising
out of the interpretation or application of the Agreement be
considered by the Board. The
Board shall invite India to participate in the discussion of any such
question by the Board.
106. In the event of any question or questions arising from the
implementation of this
Agreement, the Agency shall provide India with an opportunity to
clarify and facilitate the
resolution of such questions. The Agency shall not draw any
conclusions in connection with
the question or questions until India has had an opportunity to
provide clarifications.
X. FINAL CLAUSES
107. India and the Agency shall, at the request of either of them,
consult about amending this
Agreement.
108. This Agreement shall enter into force on the date on which the
Agency receives from
India written notification that India's statutory and/or
constitutional requirements for entry
into force have been met.
109. This Agreement shall remain in force until, in accordance with
its provisions, safeguards
have been terminated on all items subject to this Agreement, or until
terminated by mutual
agreement of the parties to this Agreement.
XI. DEFINITIONS
110. "Agency" means the International Atomic Energy Agency.
111. "Board" means the Board of Governors of the Agency.
112. "Campaign" means the period during which the chemical processing
equipment in a
reprocessing plant is operated between two successive wash-outs of the
nuclear material
present in the equipment.
113. "Conversion plant" means a facility (excepting a mine or ore-
processing plant) to
improve unirradiated nuclear material, or irradiated nuclear material
that has been separated
from fission products, by changing its chemical or physical form so as
to facilitate further use
or processing. The term conversion plant includes the facility's
storage and analytical sections.
The term does not include a plant intended for separating the isotopes
of nuclear material.
114. "Director General" means the Director General of the Agency.
115. "Effective kilograms" means:
(i) In the case of plutonium, its weight in kilograms;
(ii) In the case of uranium with an enrichment of 0.01 (1 %) and
above, its weight in
kilograms multiplied by the square of its enrichment;
(iii)In the case of uranium with an enrichment below 0.01 (1 %) and
above 0.005 (0.5 %),
its weight in kilograms multiplied by 0.0001; and
(iv) In the case of depleted uranium with an enrichment of 0.005 (0.5
%) or below, and in
the case of thorium, its weight in kilograms multiplied by 0.00005.
116. "Enrichment plant" means a plant for separating the isotopes of
nuclear material.
117. "Facility" means, for the purposes of this Agreement:
(i) A "principal nuclear facility", which means a reactor, a plant for
processing nuclear
material irradiated in a reactor, a plant for separating the isotopes
of a nuclear
material, a plant for processing or fabricating nuclear material
(excepting a mine or
ore-processing plant) or a facility or plant of such other type as may
be designated by
the Board from time to time, including associated storage facilities,
as well as a
critical facility or a separate storage installation;
(ii) A research and development facility as defined in paragraph 127
of this Agreement;
(iii) Any location where nuclear material in amounts greater than one
effective kilogram
is customarily used;
(iv) A plant for the upgrading of heavy water or a separate storage
installation for heavy
water.
118. "Fuel fabrication plant" means a plant to manufacture fuel
elements or other components
containing nuclear material and includes the plant's storage and
analytical sections.
119. "Improved" means, with respect to nuclear material, that either:
(i) The concentration of fissionable isotopes in it has been
increased; or
(ii) The amount of chemically separable fissionable isotopes in it has
been increased; or
(iii) Its chemical or physical form has been changed so as to
facilitate further use or
processing.
120. "Inspector" means an Agency official designated in accordance
with the Inspectors
Document.
121. "Inspectors Document" means the Annex to the Agency's document
GC(V)/INF/39.
122. "Nuclear material" means any source or special fissionable
material as defined in Article
XX of the Statute.
123. "Produced, processed or used" means any utilization or any
alteration of the physical or
chemical form or composition, including any change of the isotopic
composition, of nuclear
material;
124. "Project agreement" means a safeguards agreement relating to an
Agency project and
containing provisions as foreseen in Article XI.F.4.(b) of the
Statute.
125. "Reactor" means any device in which a controlled, self-sustaining
fission chain-reaction
can be maintained.
126. "Reprocessing plant" means a facility to separate irradiated
nuclear materials and fission
products, and includes the facility's head-end treatment section and
its associated storage and
analytical sections. This term is synonymous with the term "a plant
for processing nuclear
material irradiated in a reactor" which is used in paragraph 117 of
this Agreement.
127. "Research and development facility" means a facility, other than
a principal nuclear
facility, used for research or development in the field of nuclear
energy.
128. "Statute" means the Statute of the Agency.
129. "Throughput" means the rate at which nuclear material is
introduced into a facility
operating at full capacity.
130. "Unilaterally submitted" means submitted by India to Agency
safeguards.
DONE at Vienna, on the day of 2008, in duplicate, in the English
language.
For the GOVERNMENT OF INDIA: For the INTERNATIONAL
ATOMIC
ENERGY AGENCY:
ANNEX
LIST OF FACILITIES SUBJECT TO SAFEGUARDS UNDER THE
AGREEMENT BETWEEN THE GOVERNMENT OF INDIA AND
THE INTERNATIONAL ATOMIC ENERGY AGENCY FOR THE
APPLICATION OF SAFEGUARDS TO CIVILIAN NUCLEAR
FACILITIES
FACILITY OFFERED FOR
SAFEGUARDS BY INDIA
DATE OF RECEIPT OF
NOTIFICATION
.