On the ratification of the Agreement between the Republic of Kazakhstan and the United States of America on Cooperation in the Field of Peaceful Uses of Nuclear Energy

Home / RLA / On the ratification of the Agreement between the Republic of Kazakhstan and the United States of America on Cooperation in the Field of Peaceful Uses of Nuclear Energy

Law of the Republic of Kazakhstan dated July 13, 1999 No. 420-1

To ratify the Agreement between the Republic of Kazakhstan and the United States of America on Cooperation in the Field of Peaceful Uses of Nuclear Energy, signed in Washington on November 18, 1997.

President

Republic of Kazakhstan

Agreement between the Republic of Kazakhstan and the United States The United States Agreement on Cooperation in the Peaceful Uses of Atomic Energy

(Official website of the Ministry of Foreign Affairs of the Republic of Kazakhstan - Entered into force on 18.11.1997)

The Republic of Kazakhstan and the United States of America; reaffirming their support for strengthening nuclear non-proliferation measures on a global scale; bearing in mind their respective obligations under the Treaty on the Non-Proliferation of Nuclear Weapons ("NPT"), to which both the Republic of Kazakhstan and the United States of America are parties; Reaffirming its intention to work closely between the two Sides and with other States to promote universal compliance with the provisions of the NPT and the full implementation of the objectives of the Preamble and all provisions of the Treaty; reiterating its determination to ensure that international development and peaceful uses of nuclear energy are conducted in accordance with agreements that will maximize the achievement of the objectives of the NPT; reaffirming its support for the objectives of the International Atomic Energy Agency ("IAEA"); Recognizing that the IAEA safeguards system plays an indispensable role in maintaining an effective non-proliferation regime; expressing its determination to strengthen IAEA safeguards, including its willingness to take the necessary steps to enable the Agency to effectively and efficiently apply safeguards and achieve objectives regarding inspections of facilities under the jurisdiction of each Party; recognizing the importance of ensuring effective accounting, control and physical protection of nuclear material in accordance with international standards; Desiring to cooperate in the development, use and control of the peaceful uses of nuclear energy; and bearing in mind that activities for the peaceful uses of nuclear energy should be undertaken in the interests of protecting the global environment from radioactive, chemical and thermal pollution; agreed as follows:

Article 1. Definitions For the purposes of this Agreement: (A) "By-product" means any radioactive material (other than special nuclear material) that has been produced or has become radioactive as a result of exposure to radiation associated with the production or use of special nuclear material; (C) "Component" means a component of equipment or other item that Such a definition was given by agreement of the Parties.; (C) "Conversion" means any of the normal operations in the nuclear fuel cycle prior to fuel production, with the exception of enrichment, by which uranium is converted from one chemical form to another, for example, from UF6 to UO2 or from uranium oxide to metal; (D) "Decommissioning" means measures taken at the end of the life of the facility and aimed at ending the use of the facility in such a way as to ensure adequate protection of the health and safety of decommissioning personnel and the general public, as well as the environment. These measures may include the closure of the facility and the minimal disposal of nuclear material, accompanied by continued maintenance and monitoring, up to the complete removal of residual radioactivity exceeding levels acceptable in the case of unrestricted use and the location where it is located; (E) "Equipment" means any reactor other than one that has been constructed or used, including mainly for the production of plutonium or uranium-233, or any other product so designated by agreement of the Parties.; (F) "Highly enriched uranium" means uranium enriched in isotope 235 of 20 percent or more; (G) "Low enriched uranium" means uranium enriched in isotope 235 of less than 20 percent; (H) "Critical component" means any component or group of components necessary for the operation of a sensitive nuclear facility; (I) "Material" means source material, special nuclear material, by-product, radioisotopes, with the exception of by-product, moderator material, or any other similar substance so defined by agreement of the Parties; (J) "Moderator material" means heavy water or graphite or beryllium having a purity that makes them suitable for use in a reactor to slow down fast neutrons and increase the likelihood of further fission, or any other similar material that has received such a definition by agreement of the Parties.; (K) "Parties" means the Republic of Kazakhstan and the United States of America; (L) "Peaceful purposes" includes the use of information, material, equipment, and components in fields such as scientific research, energy generation, medicine, agriculture, and industry, but does not include use in any nuclear explosive device, for research purposes, or development of any nuclear explosive device or for any military purposes; (M) "Person" means any natural or legal person subject to the jurisdiction of one of the Parties, but does not include the Parties to this Agreement; (N) "Reactor" means any device other than a nuclear weapon or other nuclear explosive device in which, through the use of uranium, plutonium, thorium or any combination thereof, self-sustaining chain reaction of fission; (O) "Classified information" means any information related to (1) The design, production or use of nuclear weapons; 2) the production of special nuclear material; or 3) the use of special nuclear material in energy generation, but does not include information held by one of the Parties that that Party has declassified or excluded from the category of "classified information"; P) "Sensitive nuclear facility" means any facility intended or used primarily for, for uranium enrichment, nuclear fuel reprocessing, heavy water production or nuclear fuel containing plutonium; Q) "Sensitive nuclear technology" means any information (including information that is an integral part of equipment or an important component) that is not publicly available and that is important for the design, manufacture, production, operation or maintenance of any sensitive nuclear facility, or other information that may be so defined by agreement of the Parties(R) "Source material" means: 1) uranium, thorium or any other material so designated by agreement of the Parties; or 2) ores containing one or more of the above-mentioned materials in such concentrations as the Parties may agree from time to time; S) "Special nuclear material" means: 1) plutonium, uranium-233 or uranium enriched with the isotope 235; or 2) any other material so designated by by agreement of the Parties.

Article 2. Scope of cooperation 1. The Parties shall cooperate in the field of peaceful uses of nuclear energy in accordance with the provisions of this Agreement and the treaties to which they are parties applicable to such a situation, as well as national laws, regulations and licensing requirements. 2. The transfer of information, material, equipment and components in accordance with this Agreement may be carried out directly between the Parties or through authorized persons. Such transfer is carried out in accordance with the provisions of this Agreement, as well as additional conditions that may be agreed upon by the Parties.

Article 3. Transfer of information 1. Information related to the peaceful uses of nuclear energy may be the subject of transfer. Information can be transmitted by various methods, including the preparation of reports, the creation of databases and computer programs, the organization of conferences and visits, as well as the secondment of personnel to facilities. Areas of cooperation include, but are not limited to: (A) The development, construction, construction, operation, maintenance and use of reactors, as well as reactor experiments and decommissioning; (C) The use of the material in physical and biological research, medicine, agriculture and industry; (C) The study of fuel cycles to find ways to meet future global needs in the field of providing nuclear energy to civilians, including multilateral approaches to ensuring a sustainable supply of nuclear fuel and appropriate methods for managing nuclear waste; (D) Safeguards and physical protection of materials, equipment and components; (E) Aspects of health, safety and environmental protection environments related to the above; and F) Assessment of the role that nuclear energy can play in national energy plans. 2. This Agreement does not require the Parties to share any information, the transfer of which is not permitted under the terms of the relevant agreements to which they are parties, as well as their national laws and regulations. 3. This Agreement does not allow the transfer of classified information. 4. This Agreement does not allow the transfer of sensitive nuclear technology, unless this is stipulated by amendment of this Agreement.

Article 4. Transfer of materials, equipment and components 1. Materials, equipment and components may be transferred for use for purposes that do not contradict this Agreement. Any special nuclear material transferred to the Republic of Kazakhstan under this Agreement will be low-enriched uranium, except as provided in paragraph 4. This Agreement does not allow the transfer of sensitive nuclear facilities and critical components of such facilities, unless this is stipulated by amendment to this Agreement. 2. Low-enriched uranium may be transferred for use as fuel in reactor experiments and reactors for conversion or production, or for other purposes that may be agreed between the Parties. 3. The amount of special nuclear material transferred under this Agreement should never exceed the amount that the Parties, by agreement between them, consider necessary to perform any of the following tasks: use in reactor experiments or reactor loading; the effective and continuous conduct of such reactor experiments or the operation of reactors; and the performance of other tasks agreed upon between the Parties. 4. Small amounts of special nuclear material may be transferred for use as samples, standards, detectors, targets and for other tasks agreed upon between the Parties. Transfers under this paragraph are not subject to the quantitative restrictions provided for in paragraph 3.

Article 5. Storage and retransmission 1. If plutonium, uranium-233 and highly enriched uranium transferred under this Agreement or used in material or equipment transferred in this way, or produced using them, are not contained in irradiated nuclear fuel, they should be transferred for storage only to a facility agreed upon by the Parties. 2. The material, equipment and components transferred in accordance with this Agreement, and any special nuclear material produced using any such material or equipment, shall not be transferred to persons who do not have the authority to receive them, or outside the territorial jurisdiction of the Recipient Party, except in cases where the Parties agree to this.

Article 6. Processing and enrichment 1. The material transferred in accordance with this Agreement and the material used in the material or equipment transferred in this way, or produced using such material or equipment, is not subject to processing without the consent of the Parties. 2. Plutonium, uranium-233, highly enriched uranium and irradiated source or special nuclear material transferred in accordance with this Agreement or used in material or equipment transferred in this way, or produced using such material or equipment, are not subject to modification affecting their form or content, except for irradiation or further irradiation, except cases where there is a consent of the Parties. 3. Uranium transferred in accordance with this Agreement or used in any equipment transferred in this way is not subject to enrichment after the transfer, except in cases where the Parties agree to this.

Article 7. Physical protection 1. Adequate physical protection shall be provided for the source or special nuclear material and equipment transferred in accordance with this Agreement, and for special nuclear material used in the material or equipment transferred in this way or produced using such material or equipment. 2. The Parties agree on the levels of application of physical protection set out in the Annex to this Agreement, which may be changed by mutual agreement of the Parties without amendments to this Agreement. The Parties shall take appropriate physical protection measures in accordance with these levels. These measures, at a minimum, provide protection comparable to that recommended by the current version of the IAEA Document INFIRC/225.3 agreed between the Parties. The adequacy of physical protection measures taken in accordance with this article shall be the subject of consideration and consultation by the Parties, and such consideration and consultation shall be conducted from time to time and in cases where either Party considers that it may be necessary to review the measures taken to ensure adequate physical protection. 4. The Parties will inform each other through diplomatic channels about those agencies or departments that are responsible for ensuring proper compliance with the levels of physical protection of nuclear material on their territory or within their jurisdiction or control, as well as responsible for coordinating mitigation and recovery operations in the event of unauthorized use or handling of material that This Article is being distributed. The Parties will also inform each other through diplomatic channels about the staff of their national agencies designated as responsible for contacts in order to cooperate on the movement of nuclear material beyond territorial borders and on other issues of mutual interest. 5. The provisions of this Article are implemented in such a way as to avoid unlawful interference in the activities of the Parties in the nuclear field and ensure compliance with rational administrative and economic management methods necessary for the economical and safe implementation of their nuclear programs.

Article 8. Non-use in explosive devices or for military purposes The material, equipment and components transferred in accordance with this Agreement, and the material used in any material, equipment or components transferred in this way, or produced using such materials, equipment or components, shall not be used in any nuclear explosive device, for the purpose of research or development of any nuclear explosive device, or in for any military purposes.

Article 9. Safeguards 1. Cooperation under this Agreement requires the application of IAEA safeguards to all nuclear activities carried out anywhere on the territory of the Republic of Kazakhstan, under its jurisdiction or under its control. The implementation of the Safeguards Agreement in accordance with Article III (4) of the NPT is considered to meet this requirement. 2. Source or special nuclear material transferred to the Republic of Kazakhstan in accordance with this Agreement, and any source or special nuclear material used in the material, equipment or components transferred in this way, or produced using such materials, equipment or components, is subject to safeguards requirements in accordance with the Agreement signed on July 26, 1994. and the Agreement between the Republic of Kazakhstan and the IAEA on the application of Safeguards in connection with the NPT, which entered into force on June 19, 1995. 3. The source or special nuclear material transferred to the United States of America in accordance with this Agreement, and any source or special nuclear material used in the material, equipment or components transferred in this way, or produced using such materials and equipment or components, is subject to the Agreement between the United States of America and the IAEA regarding the Application of Safeguards. in the United States of America, done in Vienna on November 18, 1977 and entered into force on December 9, 1980. 4. If one of the Parties becomes aware of circumstances indicating that the IAEA, for any reason, does not apply or will not apply safeguards in accordance with the Agreement, as provided for in paragraph 2 or paragraph 3, then in order to ensure the effectiveness and consistency of the application of safeguards, the Parties shall consult and immediately conclude with the IAEA or between these are agreements that: comply with the principles and procedures for the provision of IAEA safeguards; provide an assurance equivalent to that which the system they replace should provide; and comply with the scope required by paragraph 2 or 3. 5. Each Party shall take the necessary measures to support and facilitate the application of the guarantees provided for in this Article. 6. Each of the Parties shall establish and maintain a system for accounting and control of source and special nuclear material transferred in accordance with this Agreement, and source and special nuclear material used in any material, equipment or components transferred in this way, or produced using any material, equipment or components transferred in this way. The procedures used in this system should be comparable to those set out in the IAEA document INFIRC/153 (revised version) or in any revised version of this document agreed by the Parties. 7. At the request of one of the Parties, the other Party shall inform or authorize the IAEA to inform the requesting Party of the status of all materials held by the requested Party that fall within the scope of this Agreement. 8. The provisions of this Article shall be implemented in such a way as to avoid creating obstacles, delays or unlawful interference in the activities of the Parties in the nuclear field and to ensure compliance with rational administrative and economic management methods necessary for the economical and safe implementation of their nuclear programs.

Article 10. Control over nuclear materials in the case of multiple suppliers In the event that any Agreement between one of the Parties and another State or group of States grants such other State or group of States rights equivalent to all or any of the rights provided for in Article 5 or 6 with respect to material, equipment or components covered by this Agreement, the Parties may, at the request of one of the Parties, agree, that any such rights will be exercised by such other State or group of States.

Article 11. Termination of cooperation 1. If, at any time after the entry into force of this Agreement, one of the Parties: A) fails to comply with the provisions of Articles 5, 6, 7, 8 or 9; or C) terminates, cancels or significantly violates the Safeguards Agreement with the IAEA; the other Party has the right to terminate further cooperation under this Agreement and demand the return of any material, equipment and components transferred in accordance with this Agreement, and any special nuclear material produced u11. Termination of cooperation 1. Ittime after the entry into force of this Agreement, one of the Parties: A) fails to comply with the provisions of Articles 5, 6, 7, 8 or 9; or C) terminates, cancels or significantly violates the Safeguards Agreement with the IAEA; the other Party has the right to terminate further cooperation under this Agreement and demand the return of any material, equipment and components transferred in accordance with this Agreement, and any special nuclear material produced using them. 2. If, at any time after the entry into force of this Agreement, the Republic of Kazakhstan detonates a nuclear explosive device, the United States of America shall receive rights similar to those provided for in paragraph 1. If, at any time after the entry into force of this Agreement, the United States of America detonates a nuclear explosive devicIf, at any time after the entry into force of this Agreement, the United States of America detonates a nuclear explosive device using nuclear materials transferred in accordance with this Agreement, or produced using nuclear material or equipment transferred in this way, the Republic of Kazakhstan shall receive rights similar to those provided for in paragraph 1.3. If one of the Parties exercises the right provided for in this Article to demand the return of any material, equipment or components, then after removing such material, equipment or components from the territory of the other Party's State, it will compensate their cost to the other Party at the current market value.

Article 12. Consultations and environmental protection 1. The Parties undertake, at the request of one of the Parties, to hold consultations on the implementation of this Agreement and the development of further cooperation in the field of peaceful uses of nuclear energy. 2. The Parties shall consult on activities under this Agreement aimed at identifying the international environmental consequences of sucThe Parties shall consult on activities under this Agreement aimed at identifying the international environmental consequences of such activities and cooperate in the field of environmental protection on an international scale from radioactive, chemical or thermal pollution resulting from peaceful nuclear activities under this Agreement, as well as cooperate in related areas of health and safety. the environment.

Article 13. Dispute settlement Any dispute concerning the interpretation or implementation of the provisions of this Agreement becomes the subject of immediate negotiations between the Parties in order to resolve this dispute.

Article 14. 1. This Agreement shall enter into force on the day when the Parties exchange diplomatic notes notifying them of the fulfillment of all national requirements necessary for the entry into force of this AgreArticle 14. 1. This Agreement shall enter into force on the day when the Parties exchange diplomatic notes notifying them of the fulfillment of all national requirements necessary for the entry into force of this Agreement. 2. This Agreement remains in force for 30 years. This period may be extended for additional periods of time, the duration of which is determined by agreement of the Parties and in accordance with their respective requirements. The Agreement may be terminated by one of the Parties at any time upon giving written notice to the other Party one year before the planned termination of the Agreement. 3. Regardless of the termination or expiration of this Agreement or any termination of cooperation under this Agreement for any reason whatsoever, Articles 5, 6, 7, 8, 9 and 11 shall remain in force as long as any material, equipment or components covered by these Articles remain in frdless of the termination or expiration of this Agreement or any termination of cooperation under this Agreement for any reason whatsoever, Articles 5, 6, 7, 8, 9 and 11 shall remain in force as long as any material, equipment or components covered by these Articles remain in force. on the territory of the State of the relevant Party or under its jurisdiction or control at any point, or until an agreement is reached between the Parties that such material, The equipment or components have lost their suitability for any nuclear safeguards activities.

In confirmation of this, the undersigned, being duly authorized, have signed this Agreement. Done in Washington on 11/18/1997 in two copies, each in the Kazakh and English languages, all texts being equally authentic.

In cases of disagreement in the interpretation of the provisions of this Agreement, the parties will be guided by the English text.

Application According to paragraph 2 of Article 7, the agreed levels of physical protection, which are provided by the competent national authorities with respect to the use, storage and transportation of materials listed in the attached table, include the following minimum protection parameters: Category III Use and storage in a controlled location. Transportation is subject to special precautions, including the conclusion of a preliminary agreement between the sending Party, the receiving Party and the carrier, as well as a preliminary agreement between entities subject to the jurisdiction and regulatory regulations of the supplier State and the recipient State, respectively, and if the transportation is of an international nature, the agreement specifies the time, the location and procedures for transferring responsibility for transportation.

Category II Use and storage in a secure location, access to which is controlled, i.e. in a location under constant surveillance by security personnel or electronic devices, surrounded by a physical barrier with a limited number of entry/entry points under proper control, or in a location where an equivalent level of physical protection is provided. Transportation is subject to special precautions, including the conclusion of a preliminary agreement between the sending Party, the receiving Party and the carrier, as well as a preliminary agreement between entities subject to the jurisdiction and regulatory regulations of the supplier State and the recipient State, respectively, and if the transportation is of an international nature, the agreement specifies the time, the location and procedures for transferring responsibility for transportation.

Category I The protection of material belonging to this category is carried out using high-reliability systems designed to prevent unauthorized use, and this task will be solved as follows: Use and storage in a place with a high degree of security, i.e. in a protected place according to the definition of Category II mentioned above.; In addition, access to this place is subject to additional restrictions and is provided only to persons deemed trustworthy, and this place is under the supervision of security personnel who maintain direct contact with the relevant response forces. The purpose of the specific measures taken in this context should be to detect and prevent any attack, unauthorized access or unauthorized deletion of the material. Transportation is carried out using special precautions similar to those mentioned above for the transportation of materials belonging to Categories II and III; in addition, transportation is carried out under constant supervision by accompanying persons and in conditions that ensure direct communication with the relevant response forces. A consistent record During the negotiations on the conclusion of the Agreement signed today between the Republic of Kazakhstan and the United States of America on Cooperation in the Field of Peaceful Uses of Nuclear Energy (the "Agreement"), the following agreements were reached, which are an integral part of the Agreement. Scope of the Agreement Material, equipment and components transported both directly and through a third country from the territory of the State of one Party to the territory of the State of the other Party will be considered moved in accordance with the Agreement only if the relevant State authority of the recipient party confirms to the relevant state authority of the supplier party that such material, equipment and components will be subject to the Agreement. For the purposes of exercising the rights provided for in Articles 5 and 6 with respect to special nuclear material produced using nuclear material transferred under the Agreement and not used in equipment transferred under the Agreement or produced using it, such rights shall apply in practice to the proportion of special nuclear material produced that is the ratio of the transferred material used in the production of special nuclear material to the total amount of material, used in this way, this applies to the next generations.

Guarantees In the event that one of the Parties becomes aware of the circumstances referred to in paragraph 4 of Article 9, it is granted the following rights, which are suspended if both Parties agree that the need to exercise such rights is satisfied through the application of IAEA safeguards within the framework of the agreements reached under paragraph 4 of Article 9: 1) The right to timely review of the design of any equipment transferred in accordance with the Agreement, or any facility, where it is intended to use, manufacture, process or store any material transferred in this way, or any special nuclear material used in or produced with such materials or equipment; 2) The right to require the maintenance and presentation of documents and related reports in order to facilitate the accounting of the material transferred in accordance with the Agreement, and any source material or special nuclear material used in any material, equipment or components transferred in this way, or produced with their use; and 3) The right to appoint, in consultation with the other Party, personnel with access to all locations and data necessary for reporting on the material referred to in paragraph 2, to inspect any equipment or facility referred to in paragraph 1, and to install any devices and carry out any independent measurements that may be they are considered necessary for reporting on such material. At the appropriate request of one of the Parties, such personnel shall be accompanied by personnel appointed by the other Party.

Table: categories of nuclear material

________________________________________________________________________

The material ! The form !Category I! Category II !Category III c!

------------------------------------------------------------------------!

Plutonium ah!Unirradiated b! 2 kg or !Less than 2 kg, !500 g or less,

! !More !but more than 500 g!but more than 15 g

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Uranium-235!Unirradiated b! ! !

!- uranium from the cloud! ! !

!with a reduction of up to 20% ! ! !

!or higher in ! 5 kg or !Less than 5 kg, !1 kg or less,

!Uranium-235 ! more !but more than 1 kg !but more than 15 g

! ! ! !

!-uranium with enrichment-! !10 kg or !less than 10 kg,

!with a reduction of up to 10%,! !more !but more than 1 kg

!but less than 20%! ! !

!for uranium-235 ! ! !

! ! ! !

!uranium with enrichment! ! !10 kg or more

!with a bang-! ! !

!well-235 higher! ! !

!of course, but! ! !

!less than 10 % ! ! !

-------------------------------------------------------------------------

Uranium-233!Unirradiated b!2 kg or !Less than 2 kg, !500 g or less,

! !More !but more than 500 g!but more than 15 g

------------------------------------------------------------------------

Irradiated ! ! !Depleted or!

fuel (Privo! ! !natural !

Dima in the table-! ! !Uranium, thorium!

tse classification-! ! !Or a low god!

radiation exposure-! ! !frozen fuel!

go fuel by ! ! !(with the line - up !

os categories-! ! !fissionable iso-!

novana at the university-! ! !There are fewer tops !

Those are the requirements ! ! ! 10%) d/e !

International ! ! ! !

transportation. ! ! ! !

The state, with! ! ! !

considering everyone ! ! ! !

I match- ! ! ! !

other factors, ! ! ! !

it can be installed- ! ! ! !

to change the other ka! ! ! !

a category for ! ! ! !

usage,! ! ! !

storage and re-! ! ! !

The truck is inside! ! ! !

countries) ! ! ! !

________________________________________________________________________

a - All plutonium, with the exception of plutonium, the isotopic concentration of which exceeds 80% by plutonium-238 b - Material not irradiated in the reactor, or material irradiated in the reactor, but with a radiation level equal to or less than 1 Gy/hour (100 rad/hour) at a distance of one meter without protection (biological). c - Quantities that do not fall under category III, as well as natural uranium, depleted uranium and thorium, should be protected at least in accordance with sound management practices for such materials. d - States, although they are encouraged to apply this level of protection, may, at their discretion, after assessing the specific circumstances, establish another form of physical protection. e - Other fuel, which was classified as category 1 or II before irradiation due to the initial composition of fissile isotopes, may be reduced by one category if the radiation level of the fuel exceeds 1 Gy/hour (100 rad/hour) at a distance of one meter without protection (biological).

President

Republic of Kazakhstan

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