AGREEMENT between the Government of the Russian Federation and the Government of the Republic of South Africa about strategic partnership and cooperation in the field of nuclear energy and industry
Source: https://www.mid.ru/foreign_policy/international_contracts/2_contract/-/s...
The Government of the Russian Federation and the Government of the Republic of South Africa, hereinafter jointly referred to as the Parties and separately the Party,
Recognizing that both states are members of the International Atomic Energy Agency (hereinafter - IAEA), members of the Nuclear Suppliers Group and the Treaty on the Non-Proliferation of Nuclear Weapons of July 1, 1968,
guided by the Agreement between the Government of the Russian Federation and the Government of the Republic of South Africa on cooperation in the field of peaceful uses of atomic energy dated November 20, 2004,
Taking into account the intentions of the South African Party to implement a large-scale plan for the development of national energy, which provides for the construction of new power units of nuclear power plants (hereinafter referred to as NPP) in the Republic of South Africa by 2030,
Noting the rights and obligations of the Parties under the Agreement between the Government of the Russian Federation and the Government of the Republic of South Africa on the Encouragement and Reciprocal Protection of Investments of November 28, 1998,
Recalling the Joint Declaration on the Establishment of a Comprehensive Strategic Partnership between the Russian Federation and the Republic of South Africa of March 26, 2013,
striving to further expand and deepen the mutually beneficial economic, scientific and technical
cooperation between the Russian Federation and the Republic of South Africa in the field of atomic energy and industry for peaceful purposes on the basis of equality, non-interference in internal affairs and respect for the sovereignty of both states,
proceeding from the conviction that the contractual and legal consolidation of the strategic partnership in the field of nuclear energy and industry will contribute to the development of cooperation in other areas between the Russian Federation and the Republic of South Africa,
Have agreed as follows:
Article 1
This Agreement creates the basis for strategic partnership and cooperation between the Parties in the field of peaceful use of nuclear energy and industry in order to implement the national program for the development of the nuclear energy of the Republic of South Africa on the basis of the principles of mutual benefit and equality.
Article 2
Cooperation under this Agreement is carried out in strict accordance with the legislation of each of the states of the Parties, as well as international treaties to which the states of the Parties are parties.
Article 3
The parties create conditions for the development of strategic cooperation in the following areas:
(i) preparation of a comprehensive program for the peaceful use of nuclear energy in the Republic of South Africa, including the development of key elements of the nuclear energy infrastructure in accordance with IAEA recommendations;
(ii) design, construction, operation and decommissioning of NPP power units based on pressurized water reactors (hereinafter - VVER) in South Africa with a total installed capacity of up to 9.6 GW;
(iii) design, construction, operation and decommissioning of a multipurpose research reactor in South Africa;
(iv) development of a joint business in the field of production and further sale on the international market of radioisotope products, including using the capacities of a multipurpose research reactor planned for construction in the Republic of South Africa;
(v) improvement and implementation of the training program for South African personnel to work at nuclear power facilities, including nuclear power plants, in South Africa;
(vi) assistance in the development of a regulatory system for nuclear and radiation safety in the Republic of South Africa, including the development of an appropriate regulatory framework, licensing and supervision system;
(vii) strengthening the system for ensuring nuclear and radiation safety in the use of atomic energy for peaceful purposes on the territory of the Republic of South Africa;
(viii) improvement of the program for the development of the industrial base necessary for the development of nuclear energy in the Republic of South Africa;
(ix) localization of the production of components for NPP equipment in the Republic of South Africa;
(x) assistance in the integration of established industrial production into the supply chain, as well as joint marketing and promotion of manufactured products to the markets of third countries;
(xi) improving safety systems and ensuring physical protection of nuclear facilities in the Republic of South Africa;
(xii) development and implementation of a nuclear and radiological emergency response system in the Republic of South Africa;
(xiii) radioactive waste management in the Republic of South Africa;
(xiv) provision of services for the initial stage of the nuclear fuel cycle to ensure that the needs of new NPP power units planned for construction in the Republic of South Africa are met, including the accession of an interested organization of the Republic of South Africa to the International Uranium Enrichment Center;
(xv) support in conducting exploration work to find sites for the construction of a nuclear power plant in the Republic of South Africa;
(xvi) other areas of cooperation that may be agreed by the Parties in writing through diplomatic channels.
Article 4
1. The Parties shall cooperate in the areas stipulated by Article 3 of this Agreement, which are necessary for the implementation of priority joint projects for the construction of two new NPP power units with VVER reactors with a total capacity of up to 2.4 GW at a site selected by the South African Party (either the Kuberg NPP site or Tispunt or Bantamsklip site) and nuclear power units with a total capacity of up to 7.2 GW at other designated sites in South Africa, as well as the construction of a multipurpose research reactor at the site at the research center in Pelindaba, South Africa. The mechanism for the practical implementation of these priority projects will be fixed by separate intergovernmental agreements, in which the Parties agree on the sites,the configuration and installed capacity of the NPP power units of the Republic of South Africa planned for construction.
2. The Parties create conditions for the timely issuance of permits (licenses) for the design, construction, commissioning, operation and decommissioning of nuclear power and industrial facilities, as well as the related export and import of installations, equipment, technologies, nuclear materials, radioactive substances, special non-nuclear materials and services in the field of atomic energy use for peaceful purposes in accordance with the legislation of each of the states of the Parties.
Article 5.
1. In order to implement this Agreement, the Parties shall designate the following competent authorities:
(i) the Russian Party appoints the State Atomic Energy Corporation Rosatom (in all areas of cooperation) and the Federal Service for Environmental, Technological and Nuclear Supervision (for assistance in the development of a nuclear and radiation safety regulation system in the Republic of South Africa , including the development of an appropriate regulatory framework, licensing and supervision system);
(ii) from the South African Party the Ministry of Energy of the Republic of South Africa is designated as the competent authority.
2. The parties shall immediately notify each other in writing through diplomatic channels in the event of a change of competent authorities, their names or functions, or the appointment of new competent authorities.
Article 6.
1. The Parties shall establish a joint coordinating committee to provide guidance, coordination and control over the implementation of this Agreement.
2. Each of the Parties shall appoint to the joint coordinating committee representatives of the concerned executive bodies 5.
3. Representatives of the competent authorities of the Parties shall be appointed as co-chairs of the joint coordinating committee. the co-chairs develop and agree on the Regulation on the joint coordinating committee.
4. After three years from the date of entry into force of this Agreement, the Co-Chairs of the Joint Coordinating Committee shall conduct a comprehensive review of the implementation of this Agreement and provide appropriate recommendations to the competent authorities of the Parties regarding the further implementation of this Agreement.
Article 7
Cooperation in the areas provided for in Article 3 of this Agreement shall be carried out on the terms determined by separate agreements between the Parties, competent authorities, as well as agreements (contracts) between Russian and (or) South African authorized organizations involved by the competent authorities of the Parties for cooperation under this Agreement ... The competent authorities of the Parties shall have the right, by mutual agreement, to involve organizations from third countries for the implementation of certain areas of cooperation within the framework of this Agreement.
Article 8
The sources and procedure for financing activities within the framework of the implementation of the areas of cooperation provided for in Article 3 of this Agreement will be determined based on the results of consultations and enshrined in separate agreements between the Parties.
Article 9.
In order to implement this Agreement, the South African Party, in accordance with its national legislation, will facilitate the provision of special favorable treatment in determining the amount of tax and non-tax payments, fees and compensations applicable to projects implemented in the Republic of South Africa in the areas of cooperation provided for in Article 3 of this Agreement ...
Article 10.
The implementation of the areas of cooperation provided for in Article 3 of this Agreement is carried out on the principles of gradual increase and is agreed by the competent authorities of the Parties. The terms of supply of equipment, materials and services required for projects developed and implemented under this Agreement are provided by South African companies, as well as joint ventures that are created for this purpose.
Article 11.
The issues of protection, use and transfer of intellectual property rights under this Agreement shall be specified in agreements between the Parties and agreements (contracts) between authorized organizations of the Parties, concluded in accordance with Article 7 of this Agreement.
Article 12.
1. Within the framework of this Agreement, the transfer of information constituting a state secret of the Russian Federation and classified information of the Republic of South Africa is not carried out.
2. Information that is transmitted under this Agreement or created as part of its implementation and in respect of which the transferring Party has made it necessary to maintain confidentiality, must be clearly identified as such.
3. The party transmitting such information under this Agreement shall designate such information in Russian "For official use", in English - "Confidential".
4. The Party that has received information marked in Russian "For official use" and in English "Confidential" shall protect it at a level equivalent to the level of protection applied by the transmitting Party to such information. Such information is not subject to disclosure or transfer to a third party without the written consent of the Party that transferred the information.
5. The Parties shall restrict the circle of persons having access to information in respect of which the transferring Party has made it necessary to maintain confidentiality.
6. In the Russian Federation, such information is treated as official information of limited distribution, which is provided with protection in accordance with the legislation of the Russian Federation.
7. In South Africa, such information is treated as "Restricted information", which is protected under the laws of the Republic of South Africa.
8. The information transmitted in accordance with this Agreement is used exclusively for the purposes provided for in this Agreement.
Article 13.
1. The export of nuclear materials, equipment, special non-nuclear materials and related technologies, as well as materials (goods) of dual use under this Agreement shall be carried out in accordance with the obligations of the Parties arising from the Treaty on the Non-Proliferation of Nuclear Weapons of July 1, 1968, as well as other international treaties within the framework of multilateral export control mechanisms to which the Russian Federation and / or the Republic of South Africa are parties.
2. Nuclear materials, equipment, special non-nuclear materials and related technologies obtained by the Republic of South Africa in accordance with this Agreement, as well as nuclear and special non-nuclear materials, installations and equipment produced on their basis or as a result of their use:
(i) will not be used to produce nuclear weapons or other nuclear explosive devices or to achieve any military purpose;
(ii) will be under IAEA safeguards in accordance with the Agreement between the Republic of South Africa and the International Atomic Energy Agency on the Application of Safeguards in Connection with the Treaty on the Non-Proliferation of Nuclear Weapons of September 16, 1991. (INFCIRC / 394) during the entire period of their stay in the territory or under the jurisdiction of the Republic of South Africa;
(iii) be provided with physical protection measures at a level not lower than the levels recommended by the IAEA document "Physical Protection of Nuclear Material and Nuclear Installations" (INFCIRC / 225 / Rev.5);
(iv) will be re-exported or transferred from the jurisdiction of the Republic of South Africa to any other state only with the prior written permission of the Russian Federation on the specified conditions.
3. The nuclear material transferred to the Republic of South Africa under this Agreement shall not be enriched to a value of 20 percent or more in the isotope of uranium-235.
4. Nuclear material transferred to the Republic of South Africa under this Agreement shall not be enriched or processed without the prior written consent of the Russian Federation.
5. Equipment and materials (goods) dual-use and related technologies received from the Russian Federation in accordance with this Agreement, and any reproduced copies thereof:
(i) will only be used for declared purposes unrelated to nuclear explosive device activities;
(ii) will not be used in the conduct of nuclear fuel cycle activities not subject to IAEA safeguards;
(iii) will not be copied, modified, re-exported or transferred to a third party without the written permission of the competent authority of the Russian Party issued in accordance with the legislation of the Russian Federation.
6. The Parties shall cooperate in matters of control over the export of nuclear materials (goods), equipment and related technologies. Control over the use of supplied nuclear materials, equipment, special non-nuclear materials and related technologies is carried out in a manner agreed upon through consultations between the Parties.
Article 14.
Within the framework of this Agreement, the transfer of facilities and technologies for the chemical processing of irradiated nuclear fuel, isotopic enrichment of uranium and the production of heavy water, their main components or any items produced on their basis, as well as uranium with an enrichment of 20 percent or more in the uranium isotope is not carried out. 235, plutonium and heavy water.
Article 15.
1. The authorized organization of the South African Party at any time and at all stages of the construction and operation of NPP power units and the multipurpose research reactor is the operator of the NPP power units and the multipurpose research reactor on the territory of the Republic of South Africa and is fully responsible for any damage caused both in the territory of South Africa. The Republic of Africa and outside it to any person and property as a result of any nuclear incident occurring at a nuclear power plant or multipurpose research reactor, as well as in connection with a nuclear incident during transportation, handling or storage outside a nuclear power plant or multipurpose research reactor of nuclear fuel, and any irradiated materials or parts of equipment of a nuclear power plant or multipurpose research reactor as in the territory of the Republic of South Africa,and outside of it. The South African Party guarantees that, under no circumstances, neither the Russian Party, nor its competent authorities, nor the Russian authorized organizations and the suppliers involved by them shall be liable for such damage both to the South African Party and its competent authority, and to its authorized organizations and third parties. ...
2. Responsibility for nuclear damage caused by a nuclear incident occurring during the handling and transportation of nuclear fuel shall pass from the authorized Russian organization to the authorized South African organization after the physical transfer of nuclear fuel at the place specified in the agreement (contract) concluded in accordance with Article 7 of this Agreement.
3. If the Vienna Convention on Civil Liability for Nuclear Damage enters into force for the Republic of South Africa, the issues of civil liability for nuclear damage under this Agreement for the South African Party shall be governed by this Vienna Convention.
Article 16
Any disagreement between the Parties related to the application or interpretation of the provisions of this Agreement shall be resolved through consultations or negotiations through diplomatic channels between the competent authorities of the Parties. In the event of any discrepancy between the provisions of the Agreement and agreements (contracts) entered into under this Agreement, the provisions of this Agreement shall prevail.
Article 17
1. This Agreement shall enter into force from the date of receipt through diplomatic channels of the last written notification of the implementation by the Parties of the domestic procedures necessary for its entry into force.
2. This Agreement is concluded for a period of 20 years and then is automatically extended for subsequent 10-year periods until one of the Parties notifies the other Party in writing through diplomatic channels of its intention to terminate it no later than 1 year in advance.
3. After one of the Parties receives a written notification from the other Party about the termination of this Agreement, the Parties shall immediately consult on the possibility of fulfilling all the obligations of the Parties under this Agreement in accordance with the national legislation of the Parties.
4. Termination of this Agreement does not affect the rights and obligations of the Parties arising from the implementation of this Agreement prior to its termination, unless the Parties agree otherwise.
5. This Agreement may be amended by mutual agreement of the Parties by exchanging notes between the Parties through diplomatic channels. Such changes will form an integral part of this Agreement.
6. Termination of this Agreement does not affect the fulfillment of any obligations under agreements (contracts), the implementation of which was initiated during the course of this Agreement and was not completed at the time of its termination, until the Parties agree otherwise.
IN WITNESS WHEREOF the undersigned, being duly authorized by their respective Governments, have signed this Agreement in duplicate in the Russian and English languages, both texts being equally authentic. In the event of a conflict of interpretation, the English text will be used.
Done at Vienna on 21 September 2014.
For Government For Government
Russian Federation South African Republic
