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 |
|
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