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. |
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