On the ratification of the Agreement between the Republic of Kazakhstan and the International Atomic Energy Agency on the Application of Safeguards in connection with the Treaty on the Non-Proliferation of Nuclear Weapons
Decree of the President of the Republic of Kazakhstan dated June 19, 1995 N 2344
In accordance with Article 2 of the Law of the Republic of Kazakhstan dated December 10, 1993 "On the temporary delegation of additional powers to the President of the Republic of Kazakhstan and heads of local administrations", I decree: 1. Agreement between the Republic of Kazakhstan and the International Atomic Energy Agency and the Application of Safeguards in connection with the Treaty on the Non-Proliferation of Nuclear Weapons, signed on July 26, 1994 in the city of Almaty, to ratify. 2. This Decree shall enter into force from the date of publication.
President of the Republic of Kazakhstan
Unofficial text
Agreement between the Republic of Kazakhstan and the International Atomic Energy Agency on the Application of Safeguards in Connection with the Treaty on the Proliferation of Nuclear Weapons (Almaty, July 26, 1994)
WHEREAS the Republic of Kazakhstan (hereinafter referred to as "Kazakhstan") is a party to the Treaty on the Non-Proliferation of Nuclear Weapons (hereinafter referred to as the "Treaty"), opened for signature in London, Moscow and Washington on July 1, 1968 and entered into force on March 5, 1970; WHEREAS paragraph 1 of article III of the said Treaty states: "Each of the non-nuclear-weapon States parties to the Treaty undertakes to accept guarantees as set out in the agreement to be negotiated and concluded with the International Atomic Energy Agency in accordance with the Statute of the International Atomic Energy Agency and the Agency's guarantee system, solely for the purpose of verifying the fulfillment of its obligations assumed in accordance with this Agreement., in order to prevent the diversion of nuclear energy from peaceful uses to nuclear weapons or other nuclear explosive devices. The safeguards procedures required by this Article are carried out with respect to source or special fissionable material, regardless of whether it is produced, processed, or used in any major nuclear installation or located outside any such installation. The safeguards required by this Article shall apply to all source or special fissionable material in all peaceful nuclear activities within the territory of such State, under its jurisdiction or carried out under its control anywhere.",
WHEREAS the International Atomic Energy Agency (hereinafter referred to as the "Agency") is authorized, in accordance with Article III of its Statute, to conclude such agreements;
HEREBY, Kazakhstan and the Agency have agreed on the following:
PART I
THE MAIN COMMITMENT
Article 1
Kazakhstan, in accordance with paragraph 1 of article III of the Treaty, undertakes to take guarantees in accordance with the provisions of this Agreement with respect to all source or special fissionable material in all peaceful nuclear activities within its territory, under its jurisdiction or carried out under its control anywhere, solely for the purpose of verifying that such material is not He switched to nuclear weapons or other nuclear explosive devices.
APPLICATION OF GUARANTEES
Article 2
The Agency has the right and obligation to ensure the application of safeguards in accordance with the provisions of this Agreement to all source or special fissionable material in all peaceful nuclear activities within the territory of Kazakhstan, under its jurisdiction or carried out under its control anywhere, solely for the purpose of verifying that such material is not diverted to nuclear weapons or other nuclear explosive devices.
COOPERATION BETWEEN KAZAKHSTAN AND THE AGENCY
Article 3
Kazakhstan and the Agency shall cooperate to facilitate the implementation of the guarantees provided for in this Agreement.
IMPLEMENTATION OF GUARANTEES
Article 4
The guarantees provided for in this Agreement are implemented as follows:
a) to avoid creating obstacles to the economic and technical development of Kazakhstan or international cooperation in the field of peaceful nuclear activities, including the international exchange of nuclear material;
(b) To avoid unjustified interference in Kazakhstan's peaceful nuclear activities and, in particular, in the operation of facilities; and
(c) To be consistent with sound management practices necessary for the economical and safe conduct of nuclear activities.
Article 5
a) The Agency shall take all precautionary measures to protect commercial and industrial secrets and other confidential information that become known to it as a result of the implementation of this Agreement.
(b) (i) The Agency shall not publish or transmit to any State, organization or individual any information it receives in connection with the implementation of this Agreement, except that certain information relating to the implementation of this Agreement may be submitted to the Agency's Board of Governors (hereinafter referred to as the "Council") and such Agency staff who need such information due to their official duties in connection with guarantees, but only to the extent, necessary for the Agency to fulfill its responsibilities in the implementation of this Agreement.
ii) Generalized information on nuclear material subject to safeguards under this Agreement may be published by decision of the Council, if the States directly concerned agree to this.
Article 6
(a) In implementing safeguards under this Agreement, the Agency shall take full account of technological advances in safeguards and shall make every effort to ensure optimal cost-effectiveness and the application of the principle of effective safeguards for the flow of nuclear material subject to safeguards under this Agreement through the use of instruments and other technical means in certain key locations to the extent that, to the extent that existing or future technology allows.
b) In order to ensure optimal cost efficiency, such tools are used, for example, as:
(i) Conservation as a means of defining material balance zones for accounting purposes;
(ii) Statistical methods and random sampling in estimating the flow of nuclear material; and
(iii) Focusing verification procedures on the stages of the nuclear fuel cycle related to the production, processing, use or storage of nuclear material from which nuclear weapons or other nuclear explosive devices can be easily produced, and minimizing verification procedures for other nuclear material, provided that this does not impede the Agency's application of safeguards in accordance with by this Agreement.
NATIONAL MATERIALS CONTROL SYSTEM
Article 7
a) Kazakhstan shall establish and maintain a system of accounting and control of all nuclear material subject to safeguards in accordance with this Agreement.
(b) The Agency applies safeguards in such a way as to be able to verify the data systems of Kazakhstan in order to ensure that there has been no diversion of nuclear material from peaceful uses to the production of nuclear weapons or other nuclear explosive devices. The Agency's verification includes, in particular, independent measurements and observations conducted by the Agency in accordance with the procedures set out in Part II of this Agreement. When conducting the audit, the Agency takes due account of the technical efficiency of Kazakhstan's system.
SUBMISSION OF INFORMATION TO THE AGENCY
Article 8
a) In order to ensure the effective implementation of safeguards in accordance with this Agreement, Kazakhstan, in accordance with the provisions set out in Part II of this Agreement, shall provide the Agency with information related to nuclear material subject to safeguards in accordance with this Agreement, as well as the characteristics of facilities relevant to the safeguards of such material.
(b) (i) The Agency requires only a minimum amount of information and data compatible with the performance of its duties under this Agreement.
ii) The information related to the facilities is the minimum information necessary to place under safeguards the nuclear material subject to safeguards in accordance with this Agreement.
c) At the request of Kazakhstan, the Agency is ready to study directly in the institutions of Kazakhstan information about the design, which Kazakhstan considers to be particularly important. Such information does not need to be physically transmitted to the Agency, provided that it remains easily accessible for further study by the Agency in institutions in Kazakhstan.
AGENCY INSPECTORS
Article 9
(a) (i) The Agency receives the consent of Kazakhstan to appoint Agency inspectors to Kazakhstan.
ii) If Kazakhstan objects to such an appointment either at the time of the appointment proposal or at any other time after the appointment, the Agency shall propose to Kazakhstan an alternative candidate or candidates for inspectors.
iii) Kazakhstan's repeated refusal to accept the appointment of Agency inspectors, which would have made it difficult to conduct inspections in accordance with this Agreement, is being considered by the Council upon presentation of the matter by the Director General of the Agency (hereinafter referred to as the "Director General") with a view to taking appropriate action by the Council.
(b) Kazakhstan shall take the necessary measures to ensure that the Agency's inspectors are able to effectively perform their duties in accordance with this Agreement.
(c) Visits and activities of Agency inspectors are organized in such a way that:
(i) To minimize possible inconvenience and interference to Kazakhstan and to the peaceful nuclear activities being inspected; and
ii) ensure the protection of industrial secrets or any other confidential information that becomes known to inspectors.
PRIVILEGES AND IMMUNITIES
Article 10
Kazakhstan grants the Agency (including its property, funds and assets) and its inspectors and other officials performing their functions in accordance with this Agreement privileges and immunities similar to those set out in the relevant provisions of the Agreement on Privileges and Immunities of the International Atomic Energy Agency.
TERMINATION OF THE GUARANTEES
Article 11
Consumption or dilution of nuclear material
Safeguards for nuclear material are terminated after the Agency determines that the material has been used up or diluted in such a way that it is no longer suitable for any nuclear activity of interest from the point of view of safeguards, or has become practically unregenerated.
Article 12
Transfer of nuclear material from Kazakhstan
Kazakhstan shall notify the Agency in advance of proposed transfers of nuclear material subject to safeguards under this Agreement from Kazakhstan in accordance with the provisions set out in Part II of this Agreement. The Agency shall terminate the application of safeguards to nuclear material in accordance with this Agreement upon acceptance by the recipient State of responsibility for it, as provided for in Part II of this Agreement. The Agency maintains accounting documents showing each transfer and, where applicable, the resumption of safeguards for transferred nuclear material.
Article 13
Provisions concerning nuclear material used in non-nuclear activities
When nuclear material subject to safeguards under this Agreement is intended to be used in non-nuclear activities such as the production of alloys or ceramics, Kazakhstan shall, prior to such use of the material, coordinate with the Agency the circumstances under which safeguards may be terminated with respect to such material.
NON-APPLICATION OF SAFEGUARDS TO NUCLEAR MATERIAL USED IN NON-PEACEFUL NUCLEAR ACTIVITIES
Article 14
If Kazakhstan intends to exercise its right to use nuclear material that must be placed under safeguards in accordance with this Agreement in nuclear activities that do not require safeguards in accordance with this Agreement, the following procedures shall apply:
a) Kazakhstan informs the Agency about such activities, explaining:
(i) That the use of nuclear material in non-prohibited military activities would not conflict with any commitment that nuclear material would be used only in peaceful nuclear activities that Kazakhstan may have made and in accordance with which Agency safeguards apply; and
ii) that during the period when safeguards will not be applied, nuclear material will not be used for the production of nuclear weapons or other nuclear explosive devices;
(b) Kazakhstan and the Agency reach an agreement that the safeguards provided for in this Agreement will not apply only as long as the nuclear material is used in such activities. This arrangement defines, as far as possible, the time period or conditions when the guarantees will not apply. In any case, the safeguards provided for in this Agreement shall be applied again as soon as the nuclear material is returned to peaceful nuclear activities. The Agency is informed of the total quantity and composition of such unsafeguarded nuclear material in Kazakhstan and of all cases of export of such material; and
(c) Each agreement is reached with the Agency's consent. Such consent is given as soon as possible and concerns, in particular, only issues such as interim and procedural provisions and reporting arrangements, but does not entail any approval of military activities and does not affect classified information in this area, or does not relate to the use of nuclear material in such activities.
FINANCIAL ISSUES
Article 15
Kazakhstan and the Agency shall bear the costs they incur in fulfilling their respective obligations under this Agreement. However, if Kazakhstan or persons under its jurisdiction incur additional costs in connection with fulfilling a special request from the Agency, the Agency will also reimburse the costs provided that it has previously agreed to this. In any case, the Agency pays the costs of any additional measurements or sampling that may be requested by the inspectors.
LIABILITY TO A THIRD PARTY FOR NUCLEAR DAMAGE
Article 16
Kazakhstan shall ensure that any protection against third-party liability for nuclear damage, including any insurance or other financial security that may be provided in accordance with its laws or regulations, is applied for the purpose of implementing this Agreement to the Agency and its officials in the same manner as this protection applies to citizens of Kazakhstan.
INTERNATIONAL RESPONSIBILITY
Article 17
Any claim by Kazakhstan against the Agency or the Agency against Kazakhstan regarding any damage resulting from the implementation and guarantees under this Agreement, other than damage caused by a nuclear accident, shall be settled in accordance with international law.
MEASURES RELATED TO CHECKING FOR NON-SWITCHING
Article 18
If, on the basis of the Director General's report, the Council decides that any action by Kazakhstan is necessary and urgent to ensure verification that nuclear material subject to safeguards under this Agreement is not being diverted to the production of nuclear weapons or other nuclear explosive devices, the Council may call on Kazakhstan to take the necessary measures without delay. regardless of the application of dispute settlement procedures in accordance with Article 22 of this Agreement.
Article 19
If, based on an examination of the relevant information provided to it by the Director General, the Council concludes that the Agency is unable to verify that there has been no diversion of nuclear material that should be placed under safeguards in accordance with this Agreement to the production of nuclear weapons or other nuclear explosive devices, it may make the communications provided for paragraph "C" of Article XII of the Statute of the Agency (hereinafter referred to as the "Statute"), as well as to take, where applicable, other measures provided for in this paragraph. In taking such actions, the Council takes into account the degree of confidence provided by the safeguards measures taken and gives Kazakhstan any reasonable opportunity to provide the Council with any necessary evidence.
INTERPRETATION AND APPLICATION OF THE AGREEMENT AND DISPUTE SETTLEMENT
Article 20
Kazakhstan and the Agency, at the request of one or the other of them, shall consult on any issue arising in connection with the interpretation or application of this Agreement.
Article 21
Kazakhstan has the right to request that any issue arising in connection with the interpretation or application of this Agreement be considered by the Council. The Council invites Kazakhstan to participate in the Council's discussion of any such issue.
Article 22
Any dispute arising in connection with the interpretation or application of this Agreement, with the exception of a dispute concerning the withdrawal of the Council in accordance with Article 19 or actions taken by the Council in connection with such withdrawal, which is not settled through negotiations or in any other way agreed between Kazakhstan and the Agency, shall be referred to an arbitration tribunal at the request of either party. Composed as follows: Kazakhstan and the Agency appoint one arbitrator each, and the two arbitrators appointed in this way elect the third, who is the chairman. If, within thirty days of the request for arbitration, either Kazakhstan or the Agency does not appoint an arbitrator, Kazakhstan or the Agency may request the President of the International Court of Justice to appoint an arbitrator. The same procedure applies if no third arbitrator has been elected within thirty days of the appointment of the second arbitrator. The majority of the members of the arbitration tribunal shall constitute a quorum, and the consent of two arbitrators is required for making a decision. The arbitration procedure is established by the tribunal. The Tribunal's decision is binding on Kazakhstan and the Agency.
CHANGING THE AGREEMENT
Article 23
a) Kazakhstan and the Agency, at the request of one or the other, consult with each other on amendments to this Agreement.
b) All amendments require the consent of Kazakhstan and the Agency.
(c) Amendments to this Agreement shall enter into force on the same terms as the Agreement itself.
d) The Director General shall immediately inform all Member States of the Agency of any amendment to this Agreement.
ENTRY INTO FORCE AND TERM OF VALIDITY
Article 24
This Agreement shall enter into force on the day when the Agency receives a written notification from Kazakhstan that all the requirements established by law and the Constitution of Kazakhstan necessary for the entry into force of this Agreement have been fulfilled.
The Director General shall immediately inform all Member States of the Agency of the entry into force of this Agreement.
Article 25
This Agreement remains in force as long as Kazakhstan is a party to the Agreement.
PART II.
introduction
Article 26
The purpose of this part of this Agreement is to define the procedures to be applied in the implementation of the safeguards provisions of Part 1.
THE PURPOSE OF GUARANTEES
Article 27
The purpose of the safeguards procedures set out in this part of this Agreement is to detect in a timely manner the diversion of significant amounts of nuclear material from peaceful nuclear activities to the production of nuclear weapons or other nuclear explosive devices, or to unknown purposes, as well as to deter such diversion due to the risk of early detection.
Article 28
In order to achieve the objective set out in Article 27, material accounting is used as a safeguard measure of primary importance, combined with conservation and surveillance measures as important complementary measures.
Article 29
The technical report on the Agency's verification activities is a statement indicating, for each material balance zone, the amount of unaccounted-for material for a certain period and giving limits on the accuracy of the specified amounts.
NATIONAL SYSTEM OF ACCOUNTING AND CONTROL OF NUCLEAR MATERIAL
Article 30
In accordance with Article 7, the Agency, in carrying out its verification activities, makes full use of Kazakhstan's accounting and control system for all nuclear material subject to safeguards under this Agreement, and avoids unnecessary duplication of Kazakhstan's accounting and control activities.
Article 31
The system of accounting and control of all nuclear material of Kazakhstan subject to safeguards in accordance with this Agreement is based on the structure of the material balance zones and provides, if necessary, as indicated in the Additional Provisions, the adoption of such measures as:
a) the use of a measurement system to determine the quantities of nuclear material that has been obtained, produced, shipped, lost or otherwise removed from the inventory of material, as well as to determine the inventory quantities of material;
b) estimation of precision and accuracy of measurements and estimation of measurement error;
(c) Develop procedures for identifying, reviewing and evaluating discrepancies in the measurements of the sender and recipient;
(d) Developing procedures for determining the actual amount of material available;
f) development of procedures for assessing the accumulation of an immeasurable inventory quantity of material and immeasurable losses;
(f) The establishment of a system of accounting and accounting documents showing, for each material balance zone, the inventory of nuclear material and changes in that inventory, including arrivals to and transfers from the material balance zone;
(g) The development of provisions to ensure the correct application of accounting procedures and measures; and
(h) Develop procedures for submitting reports to the Agency in accordance with Articles 58-68.
THE STARTING POINT OF THE GUARANTEES APPLICATION
Article 32
The guarantees under this Agreement do not apply to the material during mining or processing of ore.
Article 33
(a) If any material containing uranium or thorium that has not reached the stage of the nuclear fuel cycle specified in paragraph (c) below is exported directly or indirectly to a non-nuclear-weapon State, Kazakhstan shall inform the Agency of the amount of such material, its composition and purpose, if this the material is not exported specifically for non-nuclear purposes;
(b) If any material containing uranium or thorium that has not reached the stage of the nuclear fuel cycle specified in paragraph (c) below is imported, Kazakhstan shall inform the Agency of the amount of such material and its composition, unless that material is imported specifically for non-nuclear purposes; and
(c) If any nuclear material whose composition and purity make it suitable for the manufacture of fuel or isotope enrichment leaves the plant or processing stage where it was produced, or if such nuclear material or any other nuclear material produced at a later stage of the nuclear fuel cycle is imported into Kazakhstan, then this nuclear material becomes subject to other safeguards procedures specified in this Agreement.
TERMINATION OF THE GUARANTEES
Article 34
(a) The application of safeguards to nuclear material subject to safeguards and in accordance with this Agreement shall be terminated under the conditions set out in Article 11. If the conditions of this article are not fulfilled, but Kazakhstan considers that the extraction of nuclear material under safeguards from waste is currently impractical or undesirable, Kazakhstan and the Agency consult on the application of appropriate safeguards measures.
(b) The application of safeguards to nuclear material subject to safeguards under this Agreement shall be terminated under the conditions set out in Article 13 if Kazakhstan and the Agency agree that such nuclear material is practically non-renewable.
EXEMPTION FROM GUARANTEES
Article 35
At the request of Kazakhstan, the Agency exempts the following nuclear material from safeguards:
a) special fissile material when it is used in quantities measured in grams or less as a sensitive element in instrumentation;
(b) Nuclear material when it is used in non-nuclear activities in accordance with Article 13, if such nuclear material is recoverable; and
c) plutonium with an isotope concentration of plutonium-238 exceeding 80%.
Article 36
At the request of Kazakhstan, the Agency shall exempt from safeguards nuclear material that would otherwise be subject to safeguards, provided that the total amount of nuclear material exempt from safeguards in Kazakhstan in accordance with this Article cannot at any time exceed:
a) a total of one kilogram of special fissile material, which may consist of one or more of the following materials:
(i) Plutonium;
(ii) Uranium with an enrichment of 0.2 (20%) or higher, calculated by multiplying its mass by its enrichment value; and
(iii) Uranium with an enrichment below 0.2 (20%) and above the enrichment of natural uranium, calculated by multiplying its mass five times by the square of its enrichment;
(b) A total of ten metric tons of natural uranium and depleted uranium enriched above 0.005 (0.5%);
(c) Twenty metric tons of depleted uranium with an enrichment of 0.005 (0.5%) or lower: and
(d) Twenty metric tons of thorium;
or such large quantities as may be established by the Council for uniform application.
Article 37
If nuclear material exempt from safeguards is to be processed or stored in a warehouse together with nuclear material subject to safeguards in accordance with this Agreement, provision should be made for the resumption of safeguards application to it.
ADDITIONAL PROVISIONS
Article 38
Kazakhstan and the Agency are developing Additional Provisions specifying in detail, to the extent necessary to enable the Agency to effectively and efficiently perform its duties under this Agreement, how the procedures set out in this Agreement should be applied. Additional provisions may be expanded or amended by agreement between Kazakhstan and the Agency without modification of this Agreement.
Article 39
The additional provisions shall enter into force simultaneously or as soon as possible after the entry into force of this Agreement. Kazakhstan and the Agency shall make every effort to put them into effect within ninety days from the date of entry into force of this Agreement; the extension of this period requires agreement between Kazakhstan and the Agency. Kazakhstan immediately submits to the Agency the information necessary to finalize the development of Additional Regulations. As soon as this Agreement enters into force, the Agency has the right to apply the procedures set out in the Agreement to nuclear material listed in the inventory list provided for in Article 40, even if Additional Provisions have not yet entered into force.
INVENTORY LIST
Article 40
Based on the initial report referred to in Article 61, the Agency shall compile a single inventory of all nuclear material in Kazakhstan that is subject to safeguards under this Agreement, regardless of its origin, and maintain this inventory based on subsequent reports and the results of its verification activities. Copies of the inventory list are provided to Kazakhstan at agreed time intervals.
INFORMATION ABOUT THE CONSTRUCTION
General provisions
Article 41
In accordance with Article 8, information on the design of existing installations is provided to the Agency when discussing Additional Provisions. Additional Provisions set deadlines for the submission of information on the construction of new facilities, and such information is provided as early as possible before the introduction of nuclear material into a new facility.
Article 42
The design information provided to the Agency includes, for each installation, where applicable:
a) identification of the installation, indicating its general characteristics, purpose, rated capacity and geographical location, as well as the name and address used for normal business purposes;
(b) A description of the overall location of the facility, indicating, where possible, the shape, location and flow of the nuclear material and the general layout of the important main parts of the equipment where the nuclear material is used, produced or processed;
(c) A description of the characteristics of the facility relevant to material accounting, conservation and surveillance; and
(d) A description of the procedures used at the facility and intended for accounting and control of nuclear material, with particular attention to the material balance zones established by the operator, material flow measurements and procedures for determining the actual amount of material available.
Article 43
The Agency is also provided with other information regarding each facility relevant to the application of safeguards, in particular information regarding organizational responsibility for accounting and material control. Kazakhstan provides the Agency with additional information on the health and safety regulations that the Agency must adhere to and which inspectors must follow at the installation.
Article 44
Information on design changes relevant to the purposes of safeguards is submitted to the Agency for consideration, and it is notified of any changes in the information provided to it in accordance with Article 43 sufficiently in advance so that appropriate clarifications can be made to the procedures for the application of safeguards, if necessary.
Article 45
The purpose of reviewing information about the DESIGN
The design information provided to the Agency is used for the following purposes:
(a) To identify the characteristics of facilities and nuclear material relevant to the application of safeguards to nuclear material in sufficient detail to facilitate verification;
(b) To determine the balance zones of materials used for the Agency's accounting purposes and to select such key locations as are key measurement points to be used to determine the flow and inventory of nuclear material; in determining such balance zones, the Agency applies, inter alia, the following criteria:
i) The size of the material balance zone depends on the accuracy with which the material balance can be established;
(ii) When determining the material balance zone, every opportunity is taken to apply conservation and surveillance measures to help ensure the completeness of material flow measurements, thereby simplifying the application of safeguards and focusing measurement efforts on key measurement points;
(iii) Several material balance zones used at the facility or at individual sites may be combined into a single material balance zone used for Agency accounting purposes when the Agency determines that this meets its verification requirements; and
iv) At the request of Kazakhstan, a special material balance zone may be established as part of any stage of the process involving commercially important information.;
(c) To establish a nominal schedule and procedures for determining the actual amount of nuclear material available for the Agency's accounting purposes;
d) to establish requirements for accounting documents and reports and procedures for evaluating accounting documents;
(e) To establish requirements and procedures for verifying the quantity and disposition of nuclear material; and
(f) To select appropriate combinations of conservation and surveillance methods and techniques, as well as the key locations where they will be applied.
The results of the review of the design information are included in Additional Provisions.
Article 46
Re-examination of design information
Design information is reviewed in the light of changes in operating conditions, the development of safeguards technology, or experience with verification procedures in order to modify the Agency's measures in accordance with Article 45.
Article 47
Checking the design information
The Agency, in cooperation with Kazakhstan, may send inspectors to installations to verify the design information provided to the Agency in accordance with Articles 41-44 for the purposes set out in Article 45.
INFORMATION ABOUT NUCLEAR MATERIAL OUTSIDE THE FACILITY
Article 48
The following information is provided to the Agency regarding nuclear material commonly used outside installations, where applicable:
(a) A general description of the use of nuclear material, its geographical location, the last name (or title) of the consumer and the address used for routine business correspondence; and
(b) A general description of existing and proposed procedures for accounting and control of nuclear material, including organizational responsibility for accounting and control of the material.
The Agency is promptly notified of any change in the information provided to it in accordance with this article.
Article 49
The information provided to the Agency in accordance with Article 48 may be used to the extent necessary for the purposes set out in subparagraphs (b) to (f) of Article 45.
THE SYSTEM OF ACCOUNTING DOCUMENTS
General provisions
Article 50
When creating the national material control system referred to in Article 7, Kazakhstan ensures that accounting records are maintained for each material balance zone. The Additional Provisions describe the accounting documents that must be maintained.
Article 51
Kazakhstan is taking measures to facilitate the review of accounting documents by inspectors, especially if they are not kept in English, Spanish, Russian or French.
Article 52
Accounting documents are kept for at least five years.
Article 53
Accounting documents, if necessary, include:
(a) The material and balance sheet records of all nuclear material subject to safeguards under this Agreement; and
(b) Operational records for installations containing such nuclear material.
Article 54
The measurement system on which accounting documents used for preparing reports are based either complies with the latest international standards or is equivalent in quality to such standards.
Material and balance accounting documents
Article 55
The material balance accounting documents include the following for each material balance zone:
a) all changes in the inventory quantities of the material so that the registered quantity of the material can be determined at any time;
b) all measurement results that are used to determine the actual amount of material available; and
(c) All clarifications and corrections that have been made with respect to changes in inventory quantities of material, registered inventory quantities of material and actual quantities of material.
Article 56
All changes in inventory quantities of material and actual quantities of material are reflected in the accounting documents for each batch of nuclear material: identification of the material, batch data and initial data. Accounting records are kept separately for the uranium, thorium and plutonium contained in each batch of nuclear material. For each change in the inventory quantity of the material, the date of the change in the inventory quantity of the material and, if necessary, the sending zone of the balance of materials and the receiving zone of the balance of materials or the recipient are indicated.
Article 57
Operational accounting documents
Operational accounting documents for each material balance zone, if necessary, include:
(a) The operational data used to determine changes in the quantities and composition of nuclear material;
(b) Data obtained as a result of calibration of tanks and instrumentation, sampling and analysis, measurement quality control procedures, and estimates of accidental and systematic errors;
(c) A description of the sequence of actions taken in the preparation and determination of the actual quantity of material in order to ensure the correctness and completeness of such determination; and
d) a description of the actions taken to establish the cause and extent of any accidental or immeasurable loss that may have occurred.
THE REPORTING SYSTEM
General provisions
Article 58
Kazakhstan submits reports to the Agency, as detailed in Articles 59-68, on nuclear material subject to safeguards under this Agreement.
Article 59
Reports are prepared in English, Spanish, Russian or French, unless otherwise specified in the Additional Provisions.
Article 60
The reports are based on accounting documents drawn up in accordance with Articles 50-57, and consist, if necessary, of accounting reports and special reports.
Accounting reports
Article 61
The Agency is provided with an initial report on all nuclear material subject to safeguards in accordance with this Agreement. Kazakhstan shall send the initial report to the Agency within 30 days, calculated from the last day of the calendar month in which this Agreement enters into force, and it reflects the situation as of the last day of that month.
Article 62
Kazakhstan submits to the Agency the following accounting reports for each material balance zone:
a) reports on changes in inventory quantities of material, showing all changes in inventory quantities of material. These reports are sent as soon as possible and, in any case, within 30 days of the end of the month in which inventory changes have occurred or have been identified; and
(b) Material balance sheets showing the material balance based on the actual amount of nuclear material actually available in the material balance area. These reports are sent as soon as possible and in any case within thirty days after the completion of determining the actual amount of material available.
These reports are based on the data available at the time of writing the report and can be corrected later if required.
Article 63
The material inventory change reports provide the identification of the material and the batch data for each batch of nuclear material, the date of the material inventory change, and, if necessary, the sending material balance zone and the receiving material balance zone or recipient. These reports are accompanied by brief notes.:
(a) Explaining the changes in inventory quantities of the material based on the operational data contained in the operational accounting documents submitted in accordance with paragraph (a) of Article 57; and
(b) Describing, as defined in the Supplementary Provisions, the intended operational program, in particular, the determination of the actual amount of material available.
Article 64
Kazakhstan reports on each change in the inventory quantity of material, clarification and correction either periodically in the form of a consolidated list, or on a case-by-case basis. Data on changes in the inventory quantity of the material is given by batch. As defined in the Additional Provisions, small changes in the inventory of nuclear material, such as transfers of analytical samples, can be combined into one batch, and reports on them can be presented as a single change in the inventory of material.
Article 65
Every six months, the Agency submits to Kazakhstan reports on the registered inventory of nuclear material subject to safeguards in accordance with this Agreement for each material balance zone based on reports on changes in inventory amounts of material for the period covered by each such report.
Article 66
Unless otherwise agreed between Kazakhstan and the Agency, the balance sheets include the following data:
a) the initial actual amount of material available;
b) change in inventory quantity of material (first increase, then decrease);
c) the final registered inventory quantity of the material;
d) discrepancy in the sender's and recipient's data;
e) adjusted final registered inventory quantity of the material;
(f) The final quantity of material actually available; and
g) the amount of unaccounted-for material.
A report on the actual amount of material available, listing all batches separately and indicating the identification of the material and batch data for each batch, is attached to each material balance sheet.
Article 67
Special reports
Kazakhstan submits special reports without delay:
(a) In the event of any unusual incident or circumstances leading Kazakhstan to believe that there has been or could have been a loss of nuclear material in quantities exceeding the limits established for this purpose in the Supplementary Provisions; or
(b) If the CONDITIONS of conservation have unexpectedly changed from those specified in the Supplementary Provisions to such an extent that unauthorized removal of nuclear material becomes possible.
Article 68
Additions and explanations to the reports
At the request of the Agency, Kazakhstan provides the Agency with additions and clarifications to any report to the extent it relates to the purpose of safeguards.
Inspections
Article 69
General provisions
The Agency has the right to conduct inspections, as provided for in Articles 70-81.
Objectives of inspections
Article 70
The Agency may conduct inspections for special purposes in order to:
a) verify the information contained in the initial report on nuclear material subject to safeguards in accordance with this Agreement;
(b) Identify and verify changes in the environment that have occurred since the date of the initial report; and
c) identify and, if possible. To verify the quantity and composition of nuclear material in accordance with Articles 92 and 95 before its transfer from Kazakhstan or after its transfer to Kazakhstan.
Article 71
The Agency may conduct routine inspections in order to:
a) check the compliance of reports with accounting documents;
(b) Verify the location, identity, quantity and composition of all nuclear material subject to safeguards under this Agreement; and
c) verify information about possible reasons for the presence of unaccounted-for material, discrepancies in the sender's and recipient's data, and uncertainty in the registered inventory of the material.
Article 72
Subject to the procedures set out in Article 76, the Agency may conduct special inspections.:
(a) For the purpose of verifying the information contained in the special reports; or
b) if the Agency considers that the information provided by Kazakhstan, including Kazakhstan's clarifications and information obtained as a result of routine inspections, is insufficient for the Agency to fulfill its responsibilities under this Agreement.
An inspection is considered special when it is either complementary to the routine inspection efforts provided for in Articles 77-81, or provides access to information or places other than the access specified in Article 75 for special purpose inspections and routine inspections, or includes both cases.
Scope of inspections
Article 73
For the purposes specified in Articles 70-72, the Agency may:
a) to study the accounting documents maintained in accordance with Articles 50-57:
(b) To carry out independent measurements of all nuclear material subject to safeguards in accordance with this Agreement;
(c) To verify the functioning and calibration of instruments and other control and measuring equipment:
(d) Apply and use surveillance and conservation measures; and
f) use other objective methods, the technical applicability of which has been demonstrated.
Article 74
Within the framework of Article 73, the Agency has the opportunity to:
a) to ensure that samples at key measurement points for material accounting are taken in accordance with procedures that provide representative samples, to monitor the processing and analysis of samples and to obtain duplicates of such samples;
(b) Ensure that measurements of nuclear material at key measurement points for material accounting are representative, and monitor the calibration of relevant instruments and equipment;
(c) Negotiate with Kazakhstan to, if necessary,:
(i) Additional measurements were carried out and additional samples were taken for use by the Agency;
(ii) The Agency's standard analytical samples were analyzed;
(III) Appropriate absolute standards have been used in the calibration of instruments and other equipment; and
(iv) Other calibrations were performed;
(d) Arrange for the use of its own equipment for independent measurements and monitoring and, if agreed and defined in Additional Provisions, arrange for the installation of such equipment;
(e) Use their seals and other identifying and interference-indicating devices to ensure the preservation of the material, if agreed upon and specified in Additional Provisions; and
(f) Negotiate with Kazakhstan regarding the shipment of samples selected for use by the Agency.
Access to inspection sites
Article 75
a) For the purposes specified in paragraphs (a) and (b) of Article 70, and until key locations are identified in the Additional Provisions, Agency inspectors have access to any location where, according to the initial report or any related inspections, nuclear material is located.
b) For the purposes specified in paragraph (c) of Article 70, inspectors have access to any location that the Agency has been notified of in accordance with paragraph (d) (iii) Article 91 or paragraph (d) (iii) Articles 94.
c) For the purposes specified in Article 71, inspectors have access only to the key locations specified in the Supplementary Provisions and to accounting records maintained in accordance with Articles 50-57.
(d) If Kazakhstan concludes that any unusual circumstances require an extension of the Agency's access restrictions, Kazakhstan and the Agency shall immediately reach an agreement to enable the Agency to implement its safeguards obligations in the light of these restrictions. The Director General shall inform the Council of each such arrangement.
Article 76
In circumstances that may require special inspections for the purposes specified in Article 72, Kazakhstan and the Agency shall immediately consult with each other. As a result of such consultations, the Agency may:
(a) To carry out inspections in addition to the regular inspections provided for in Articles 77-81; and
(b) To obtain access to information or places in addition to what is specified in Article 75, in agreement with Kazakhstan. Any disagreement regarding the need for additional access is resolved in accordance with Articles 21 and 22; if any action on the part of Kazakhstan is necessary and urgent, Article 18 applies.
Frequency and intensity of routine inspections
Article 77
The Agency, using an optimal schedule, shall reduce the number, intensity and duration of routine inspections to a minimum compatible with the effective implementation of the safeguards procedures set out in this Agreement, and make the best and most economical use of the inspection resources at its disposal.
Article 78
The Agency may conduct one routine inspection per year for installations and material balance zones outside installations with a maximum of five effective kilograms of nuclear material or an annual production capacity, whichever is greater.
Article 79
The number, intensity, duration, schedule and type of routine inspections for installations with a content or annual capacity of more than five effective kilograms of nuclear material are determined based on the fact that, in the maximum or maximum case, the inspection regime is no more intensive than necessary and sufficient to have continuous information about the flow and inventory quantity. nuclear material, and the maximum amount of routine inspections for such installations is determined as follows:
(a) For reactors and sealed warehouses, the total maximum volume of routine inspections per year is set at one sixth of the man-year of inspection for each such facility;
(b) For installations, excluding reactors or sealed warehouses, associated with plutonium or uranium enriched above 5%, the total maximum volume of routine inspections per year is set for each such installation within 30 root E man-days of inspection per year, where E is the inventory quantity of nuclear material or the annual capacity of the installation - in whichever is greater is in effective kilograms. The maximum established for each such installation, however, should not be less than 1.5 man-years of inspection; and
(c) For installations not covered by paragraphs (a) or (b) of this Article, the total maximum amount of routine inspections per year shall be set for each such installation within one third of the man-year of inspection plus 0.4 x root of E man-days of inspection per year, where E is the inventory quantity of nuclear material or annual capacity installations - whichever is greater - in effective kilograms.
Kazakhstan and the Agency may agree to change the figures relating to the maximum volume of inspections specified in this Article if the Council determines that such a change is justified.
Article 80
Subject to Articles 77-79, the criteria used to determine the actual number, intensity, duration, schedule and type of routine inspections at any installation include:
a) the form of the nuclear material, in particular, whether the nuclear material is in bulk form or contained in a number of separate items; its chemical composition, and in the case of uranium, whether it is low or high enriched; and accessibility to it;
(b) The effectiveness of Kazakhstan's accounting and control system, including the extent to which facility operators are functionally independent of Kazakhstan's accounting and control system, as well as the extent to which the measures referred to in Article 31 have been implemented by Kazakhstan; the rapidity with which reports are submitted to the Agency; their compliance with independent verification conducted by the Agency; and the number and the accuracy of determining the amount of unaccounted-for material checked by the Agency;
(c) The characteristics of Kazakhstan's nuclear fuel cycle, in particular the number and types of facilities containing nuclear material subject to safeguards, the characteristics of such facilities relevant to safeguards, especially the degree of conservation; to what extent the design of such facilities facilitates verification of the flow and inventory of nuclear material; and to what extent information coming from various material balance zones, can be correlated;
(d) The international relationship, in particular the extent to which nuclear material is obtained from or sent to other States for use or processing; any related Verification Agency activities; and the extent to which Kazakhstan's nuclear activities are interlinked with those of other States; and
(e) Technical developments in the field of safeguards, including the use of statistical methods and random sampling in estimating the flow of nuclear material.
Article 81
Kazakhstan and the Agency consult if Kazakhstan considers that inspection efforts are overly focused on certain installations.
Notification of inspections
Article 82
Prior to the arrival of inspectors at the installations or in the material balance zones outside the installations, the Agency shall notify Kazakhstan in advance regarding:
(a) Inspections for special purposes carried out in accordance with paragraph (c) of Article 70, at least 24 hours in advance; inspections carried out in accordance with paragraphs (a) and (b) of Article 70, as well as activities provided for in Article 47, at least one week in advance;
(b) Special inspections conducted in accordance with Article 72 as soon as possible after Kazakhstan and the Agency have conducted the consultations provided for in Article 76, with the issue of notification of arrival usually forming part of the consultations; and
(c) Routine inspections carried out in accordance with Article 71, at least 24 hours in advance for installations referred to in paragraph (b) of Article 79 and for sealed warehouses containing plutonium or uranium enriched above 5%, and one week in all other cases.
Such an inspection notice includes the names of the inspectors, and it indicates the installations and material balance areas outside the installations that are planned to be visited, as well as the time during which they will be visited. If inspectors are to arrive in Kazakhstan from another country, the Agency will also notify them in advance of the place and time of their arrival in Kazakhstan.
Article 83
Notwithstanding the provisions contained in Article 82, the Agency may, as an additional measure, conduct, without prior notice, part of the routine inspections in accordance with Article 79, according to the principle of random sampling. In carrying out any unannounced inspections, the Agency fully takes into account any operational program submitted to it by Kazakhstan in accordance with paragraph (b) of Article 63. In addition, whenever practicable, on the basis of the operational program, it periodically informs Kazakhstan of its overall program of announced and unannounced inspections, indicating the general time frame within which inspections are envisaged. In carrying out any unannounced inspections, the Agency shall take all measures to minimize any practical difficulties for Kazakhstan and for the operators of the facility, taking into account the relevant provisions of Articles 43 and 88. Similarly, Kazakhstan is taking all measures to facilitate the performance of inspectors' functions.
Appointment of inspectors
Article 84
The following procedures apply to the appointment of inspectors:
a) The Director General shall inform Kazakhstan in writing of the name, qualifications, nationality, position and all other information that may be necessary in respect of each Agency official whom he proposes to appoint as an inspector for Kazakhstan;
b) Kazakhstan shall inform the Director General, within thirty days of receiving such an offer, whether Kazakhstan accepts the offer.;
(c) The Director General may appoint any official accepted by Kazakhstan as one of the inspectors for Kazakhstan and shall inform Kazakhstan of such appointments; and
d) The Director General, acting at the request of Kazakhstan or on his own initiative, shall immediately inform Kazakhstan of the cancellation of the appointment of any official as an inspector for Kazakhstan.
However, with respect to inspectors required for the activities provided for in Article 47 and for carrying out inspections for special purposes in accordance with paragraphs (a) and (b) of Article 70, the appointment procedures shall be completed, if possible, within thirty days after the entry into force of this Agreement. If such an appointment proves impossible within this period, inspectors for such purposes are appointed on a temporary basis.
Article 85
Kazakhstan, when required, issues or renews appropriate visas to each inspector assigned to Kazakhstan as soon as possible.
Conduct of inspectors and their visits to installations
Article 86
Inspectors, in carrying out their functions provided for in Articles 47 and 70-74, shall carry out their activities in such a way as not to interfere with or delay the construction, commissioning or operation of installations or to affect their safety. In particular, inspectors do not manage any installation themselves and do not direct installation personnel during any operation. If the inspectors consider that, in accordance with Articles 73 and 74, certain operations on the installation must be performed by the operator, they request this.
Article 87
If inspectors require services available in Kazakhstan in connection with inspections, including the use of equipment, Kazakhstan provides assistance in obtaining such services and in the use of such equipment by inspectors.
Article 88
Kazakhstan has the right to send its representatives to accompany inspectors during their inspections, provided that this does not lead to delays or interfere in any other way with the performance of their functions by inspectors.
STATEMENTS ABOUT THE AGENCY'S VERIFICATION ACTIVITIES
Article 89
The Agency informs Kazakhstan about:
(a) The results of inspections within the time limits to be specified in the Supplementary Regulations; and
(b) The conclusions it has reached as a result of its verification activities in Kazakhstan, in particular through statements regarding each material balance zone, which should be made as soon as possible after the Agency has determined and verified the actual amount of material available and the material balance has been adjusted.
INTERNATIONAL BROADCASTS
Article 90
General provisions
Nuclear material that is subject to safeguards or that should be subject to safeguards in accordance with this Agreement, transferred internationally, is considered to be under the responsibility of Kazakhstan for the purposes of this Agreement.:
a) in the case of import to Kazakhstan, from the moment when such responsibility is lifted from the sending State, but not later than the moment of arrival of the material at the destination; and
(b) In the case of exports from Kazakhstan, up to the time when the recipient State assumes such responsibility, but not later than the time of arrival of the nuclear material at the destination.
The moment of transfer of responsibility is determined in the relevant agreements to be reached between the States concerned. Neither Kazakhstan nor any other State is considered to have such responsibility for nuclear material on the sole ground that this nuclear material is being transported in transit through or over its territory, or is being transported on ships flying its flag or on its aircraft.
Transfers from Kazakhstan
Article 91
(a) Kazakhstan shall notify the Agency of any proposed transfer from Kazakhstan of nuclear material subject to safeguards in accordance with this Agreement if the quantity being shipped exceeds one effective kilogram or if several shipments of nuclear material are made to the same State within three months, each of which is less than one effective kilogram, but the total amount of material in which it exceeds one effective kilogram.
(b) Such notification is sent to the Agency after the conclusion of the transfer contract and usually at least two weeks before the nuclear material is ready for shipment.
(c) Kazakhstan and the Agency may agree on various pre-notification procedures.
d) The notification specifies:
(i) The identification and, if possible, the estimated quantity and composition of the transferred nuclear material, as well as the material balance zone from which it originates;
(ii) The State to which the nuclear material is being sent;
(iii) Dates and locations of preparation of nuclear material for shipment;
(iv) Approximate dates of dispatch and arrival of nuclear material; and
(v) The time during the transfer process at which the recipient State assumes responsibility for the nuclear material for the purposes of this Agreement, and the probable date of that time.
Article 92
The notification referred to in Article 91 should enable the Agency, if necessary, to conduct an inspection for special purposes in order to identify and, if possible, verify the quantity and composition of nuclear material prior to its transfer from Kazakhstan and, if the Agency so desires or Kazakhstan so requests, to seal the nuclear material when it is ready for shipment.. However, the transfer of nuclear material should in no way be delayed by any action taken or planned by the Agency in accordance with such notification.
Article 93
If the nuclear material is not subject to Agency safeguards in the recipient State, Kazakhstan shall take measures to obtain confirmation of transfer by the Agency from the recipient State within three months from the moment when the recipient State accepts responsibility from Kazakhstan for : nuclear material.
Transfers to Kazakhstan
Article 94
(a) Kazakhstan shall notify the Agency of each proposed transfer to Kazakhstan of nuclear material that should be subject to safeguards in accordance with this Agreement if the quantity supplied exceeds one effective kilogram or if several separate shipments of material are to be received from the same State within three months, the quantity of which in each case is less than one an effective kilogram, but the total amount of which exceeds one effective kilogram.
(b) The Agency shall be notified as far in advance as possible of the expected arrival of nuclear material and in any case no later than the date on which Kazakhstan assumes responsibility for the nuclear material.
(c) Kazakhstan and the Agency may agree on various pre-notification procedures.
d) The notification specifies:
(i) Identification and, if possible, estimated quantity and composition of nuclear material;
(ii) The time during the transfer process at which Kazakhstan assumes responsibility for the nuclear material for the purposes of this Agreement, and the probable date of that time; and
(iii) The estimated date of arrival, the location where the nuclear material is to be delivered, and the estimated date of unpacking of the nuclear material.
Article 95
The notification referred to in Article 94 should enable the Agency, if necessary, to conduct an inspection for special purposes in order to identify and, if possible, verify the quantity and composition of nuclear material during unpacking. However, unpacking should not be delayed by any actions taken or planned by the Agency in accordance with such notification.
Article 96
Special reports
Kazakhstan shall prepare a special report, as provided for in Article 67, if any unusual incident or circumstances, including the occurrence of a significant delay in international transfer, lead Kazakhstan to believe that there has been or could have been a loss of nuclear material.
DEFINITIONS
Article 97
For the purposes of this Agreement:
But. Clarification means an entry in an accounting document or report showing a discrepancy in the sender's and recipient's data or the amount of unaccounted-for material.
B. Annual capacity means, for the purposes of Articles 78 and 79, the amount of nuclear material released annually from a facility operating at rated capacity.
C. Batch means a part of nuclear material used as a unit of measurement for accounting purposes at a key measurement point, the composition and quantity of which are determined by a single set of specifications or measurements. Nuclear material can be in bulk form or contained in a number of separate items.
D. These batches indicate the total mass of each element of the nuclear material, and for plutonium and uranium, the isotopic composition, when necessary. The units for accounting purposes will be:
a) grams of plutonium contained;
(b) Grams of total uranium and grams of contained uranium-235 plus uranium-233 for uranium enriched in these isotopes; and
(c) Kilograms of contained thorium, natural uranium or depleted uranium.
For reporting purposes, the mass of individual items in a batch is summed up before rounding to the nearest unit.
E. The registered inventory quantity of the material balance zone means the algebraic sum of the actual available quantity of material in this material balance zone according to the most recent definition and all changes in inventory quantities of material that have occurred since this determination of the actual quantity of material.
F. Correction means an entry in an accounting document or report in order to correct a discovered error or reflect an improved measurement of the amount of nuclear material previously included in this accounting document or report. Each correction must indicate the record to which it relates.
G. The effective kilogram means a special unit used in the implementation of safeguards for nuclear material. The amount of nuclear material in effective kilograms is determined by:
a) for plutonium, its mass in kilograms;
b) for uranium with an enrichment of 0.01 (1%) and above, its mass in kilograms multiplied by the square of its enrichment;
(c) For uranium enriched below 0.01 (1%) and above 0.005 (0.5%) by its mass in kilograms multiplied by 0.0001; and
d) for depleted uranium with an enrichment of 0.005 (0.5%) or lower and for thorium - by their masses in kilograms multiplied by 0.00005.
N. Enrichment means the ratio of the combined mass of the isotopes uranium-233 and uranium-235 to the mass of the total uranium in question.
I. Installation means:
(a) A reactor, a critical facility, a processing plant, a manufacturing plant, a reprocessing plant, an isotope separation plant, or a separate warehouse; or
(b) Any other place where more than one effective kilogram of nuclear material is commonly used.
J. A change in the inventory quantity of material means an increase or decrease in the amount of nuclear material in the material balance zone, expressed in batches; such a change will include one of the following points:
a) increase in:
i) import;
(ii) Domestic receipts: receipts from other material balance zones, receipts from non-guaranteed (non-peaceful) activities, or receipts at the initial point of application of guarantees;
(iii) Nuclear production: the production of special fissile material in a reactor; and
(iv) Resumption: the resumption of safeguards in respect of nuclear material previously exempt from safeguards due to its use or quantity;
b) reduction:
i) export;
(ii) Domestic shipments: shipments to other material balance zones or shipments for non-guaranteed (non-peaceful) activities;
(iii) Nuclear loss: reduction of the amount of nuclear material due to its transformation into another element(s) or isotope(s) as a result of nuclear reactions;
(iv) Measured irretrievable losses: nuclear material that has been measured or determined based on measurements and disposed of in such a way that its further nuclear use becomes impossible;
v) Stored waste: nuclear material obtained during processing or as a result of an accident during operation, which is currently considered non-regenerative, but is stored;
(vi) Exemption: exemption of nuclear material from safeguards due to its use or quantity; and
(vii) Other losses: for example, accidental losses (i.e., irreparable and unintended losses of nuclear material as a result of an accident during operation) or theft.
To. A key measurement point means a place where nuclear material is in such a form that it can be measured to determine the flow of material or inventory quantity of material. Key measurement points thus include (but are not limited to) material inputs and outputs (including measured irretrievable losses) and storage areas in the material balance zones.
L. A man-year of inspections for the purposes of Article 79 means 300 man-days of inspection, with a man-day of inspection meaning a day during which one inspector has access to the installation at any time with a total stay of no more than eight hours.
M. Material balance zone means an area in or outside the installation where:
(a) The amount of nuclear material can be determined each time it is moved into or out of the material balance zone; and
(b) The actual amount of material available in each material balance zone may, if necessary, be determined in accordance with established procedures so that a material balance can be established for Agency safeguards purposes.
N. The amount of unaccounted-for material means the difference between the registered inventory amount of material and the actual amount of material available.
About. Nuclear material means any source or any special fissionable material as defined in Article XX of the Charter. The term "source material" is not interpreted to include ore or ore waste. Any determination by the Board of Governors in accordance with Article XX of the Charter after the entry into force of this Agreement, which will contain an addition to the list of materials considered as source or special fissionable materials, shall enter into force in accordance with this Agreement only after its acceptance by Kazakhstan.
R. The actual quantity of material available means the SUM OF ALL measured or estimated quantities of nuclear material in batches actually available at a given time in the material balance zone, obtained in accordance with established procedures.
Q. A discrepancy in sender and recipient data means a discrepancy between the amount of nuclear material in a shipment reported by the sending material balance zone and measured by the receiving material balance zone.
R. Baseline data means data recorded during measurement or calibration or used to derive empirical ratios that identify nuclear material and show batch data. The initial data may include, for example, the mass of the compounds, the conversion coefficient for determining the mass of the element, the specific gravity, the concentration of the element, isotopic ratios, the ratio between volume and pressure gauge readings, and the ratio between plutonium produced and energy generated.
S. A key location means a location selected during the study of design information, where, under normal conditions, and in combination with information obtained from all key locations combined, information necessary and sufficient for the implementation of safeguards measures is obtained and verified; a key location may include any location where key measurements related to financial accounting, and where conservation and surveillance measures are implemented.
DONE in Almaty, July 26, 1994, in two copies in English and Russian, both texts being equally authentic.
FOR THE REPUBLIC FOR THE INTERNATIONAL ATOMIC ENERGY AGENCY OF KAZAKHSTAN
President
Republic of Kazakhstan
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