| 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. |