AGREEMENT between the Government of the Russian Federation and the Government of the Argentine Republic on cooperation in the use of atomic energy for peaceful purposes
Source: https://www.mid.ru/foreign_policy/international_contracts/2_contract/-/s...
The Government of the Russian Federation and the Government of the Argentine Republic, hereinafter referred to as the Parties,
proceeding from the friendly relations that exist between both states,
Considering that both states are members of the International Atomic Energy Agency (IAEA) and parties to the Treaty on the Non-Proliferation of Nuclear Weapons of July 1, 1968, the Vienna Convention on Civil Liability for Nuclear Damage of May 21, 1963, the Convention on Physical Protection nuclear material of October 26, 1979, the Convention on Early Notification of a Nuclear Accident of September 26, 1986, the Convention on Nuclear Safety of June 17, 1994, the Convention on Assistance in the Event of a Nuclear Accident or Radiological Emergency of September 26, 1986 ., The Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management of September 5, 1997,
Bearing in mind the Agreement between the Union of Soviet Socialist Republics and the International Atomic Energy Agency on the Application of Safeguards in the Union of Soviet Socialist Republics dated February 21, 1985 and the Additional Protocol between the Russian Federation and the International Atomic Energy Agency to the Agreement between the Union of Soviet Socialist Republics and the International Agency for atomic energy on the application of guarantees in the Union of Soviet Socialist Republics of March 22, 2000,
Bearing in mind the Agreement between the Argentine Republic, the Federative Republic of Brazil, the Brazilian-Argentine Agency for Accounting and Control of Nuclear Materials and the International Atomic Energy Agency on the Application of Safeguards of 13 December 1991 and the Protocol thereto of 13 December 1991,
Realizing that the use of atomic energy for peaceful purposes, as well as ensuring nuclear and radiation safety are important factors in ensuring the social and economic development of both states,
striving to further contribute to friendly relations and mutual understanding between both states through the use of atomic energy for peaceful purposes,
Have agreed as follows:
Article 1
The Parties shall develop cooperation in the field of atomic energy for peaceful purposes in accordance with the needs and priorities of the respective national nuclear programs of the States of the Parties.
Cooperation is carried out in accordance with the provisions of this Agreement and the legislation of each of the states of the Parties.
Article 2
The parties cooperate in the following areas:
implementation of fundamental and applied research in the field of the use of atomic energy for peaceful purposes;
design, construction, operation and decommissioning of nuclear power plants and research nuclear reactors, including desalination plants;
nuclear fuel cycle for nuclear power plants and nuclear research reactors;
management of radioactive waste, with the exception of their import into the territory of any of the states of the Parties;
ensuring nuclear and radiation safety, emergency response;
regulation of nuclear and radiation safety, supervision of the physical protection of nuclear installations, radiation sources, storage facilities, nuclear materials and radioactive substances;
production of radioisotopes and their application in industry, medicine and agriculture;
education and training of specialists in the field of nuclear physics and atomic energy;
other areas of cooperation as agreed by the Parties in writing through diplomatic channels.
Article 3
Cooperation in the areas provided for in Article 2 of this Agreement is carried out in the following forms:
conclusion of agreements (contracts), which determine the scope of cooperation, rights and obligations of the parties to agreements (contracts), financial and other conditions of cooperation in accordance with the legislation of each of the states of the Parties, including on the transfer of nuclear material, material, equipment,
components and technologies in one or more areas specified in article 2 of this Agreement;
the formation of joint working groups for the implementation of specific projects and scientific research;
exchange of experts;
organization of scientific seminars and symposia;
assistance in training scientific and technical personnel;
exchange of scientific and technical information.
Cooperation can also be carried out in other forms, which are agreed by the Parties in writing through diplomatic channels.
Article 4
The Parties shall assist each other in the transfer of nuclear material, material, equipment, components and technology in order to carry out joint programs for the peaceful use of atomic energy. Such transfer is carried out in accordance with the legislation of each of the states of the Parties.
Article 5 The Parties agree that the definitions used in this Agreement have the meanings established in the IAEA document “Communication Received from the Permanent Representative of the United States of America to the International Atomic Energy Agency Concerning Guidelines for the Export of Nuclear Material, Equipment and Technology of Certain States- members ”(INFCIRC / 254 / Rev. 11 / Parti) and its subsequent amendments. Any such change is effective under this Agreement only if both Parties inform each other in writing through diplomatic channels that they accept such change.
Article 6.
In order to implement this Agreement, the Parties shall designate the following competent authorities:
from the Russian Party - the State Atomic Energy Corporation "Rosatom" and the Federal Service for Environmental, Technological and Nuclear Supervision (with regard to issues related to the regulation of nuclear and radiation safety, supervision of the physical protection of nuclear installations, radiation sources, storage facilities, nuclear materials and radioactive substances);
from the Argentine Party - the National Atomic Energy Commission of the Argentine Republic "NCAE" (in terms of issues related to research and development in the fields of the nuclear fuel cycle, research reactors, field development, radioactive waste management, personnel training and decommissioning, as well as as Adviser to the Government of the Argentine Republic on Nuclear Energy Policy), Nuclear Regulatory Authority ARN and Nucleoelectrica Argentina SA - NASA (with regard to issues related to the design, construction and operation of nuclear power plants), in accordance with their competence.
The parties shall immediately notify each other in writing through diplomatic channels in the event of the appointment of another competent authority, a change in its name or functions.
Article 7
Cooperation in the areas specified in Article 2 of this Agreement is carried out by concluding agreements (contracts) between organizations authorized by the competent authorities, which determine the scope of cooperation, the rights and obligations of the parties under the agreements (contracts), as well as financial and other conditions of cooperation.
Article 8
Within the framework of this Agreement, the transfer of information constituting a state secret of the Russian Federation and a state secret of the Argentine Republic is not carried out.
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 should be clearly identified as such.
The party transmitting such information under this Agreement shall designate such information in Russian as “confidential”, in Spanish as “confidencial”.
The Party receiving information marked in Russian “confidentially” and in Spanish “confidencial” 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.
The Parties shall limit as much as possible the circle of persons having access to information in respect of which the transferring Party has made it necessary to maintain confidentiality.
In the Russian Federation, such information is treated as proprietary information of limited distribution. Such information is provided with protection in accordance with the legislative and other regulatory legal acts of the Russian Federation.
In the Argentine Republic, such information is treated as confidential information of restricted distribution. Such information is protected in accordance with the legislative and other regulatory legal acts of the Argentine Republic.
The information transmitted in accordance with this Agreement is used exclusively for the purposes provided for in this Agreement.
Article 9.
The export of nuclear materials, equipment, special non-nuclear materials and related technologies, as well as dual-use goods under this Agreement is carried out by the Parties in accordance with the obligations of the States of the Parties arising from the Treaty on the Non-Proliferation of Nuclear Weapons of July 1, 1968, as well as from other international contracts and agreements within the framework of multilateral export control mechanisms to which the Russian Federation and (or) the Argentine Republic are parties.
Nuclear materials, equipment, special non-nuclear materials and related technologies transferred 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:
will not be used for the production of nuclear weapons and other nuclear explosive devices or for the achievement of any military purpose;
will be in the Russian Federation under IAEA safeguards, where applicable, in accordance with the Agreement between the Union of Soviet Socialist Republics and the International Atomic Energy Agency on the Application of Safeguards in the Union of Soviet Socialist Republics of February 21, 1985 and the Additional Protocol between the Russian Federation and The International Atomic Energy Agency to the Agreement between the Union of Soviet Socialist Republics and the International Atomic Energy Agency on the application of guarantees in the Union of Soviet Socialist Republics of March 22, 2000;
will stay in the Argentine Republic under IAEA safeguards in accordance with the Agreement between the Argentine Republic, the Federative Republic of Brazil, the Brazilian-Argentine Agency for Accounting and Control of Nuclear Materials and the International Atomic Energy Agency on the Application of Safeguards dated December 13, 1991 and the Protocol thereto dated December 13, 1991;
be provided with physical protection measures at levels not lower than those recommended by the IAEA Nuclear Security Recommendations Concerning Physical Protection of Nuclear Materials and Nuclear Installations (INFCIRC / 225 / Rev.5), including its subsequent amendments;
will be re-exported or transferred from the jurisdiction of the states of the Parties to any other state only under the conditions provided for in this Article.
Nuclear material transferred under this Agreement shall not be enriched to a value of 20 percent or more in terms of the uranium-235 isotope and shall not be subject to chemical processing without the prior written consent of the Parties drawn up in accordance with the legislation of each of the states of the Parties.
Dual-use goods and related technologies used for nuclear purposes received from the states of the Parties in accordance with this Agreement, and any reproduced copies thereof:
will be used only for declared purposes, not related to the activity of creating nuclear explosive devices;
will not be used in the conduct of nuclear fuel cycle activities not subject to IAEA safeguards under the relevant safeguards agreements;
will not be copied, modified, re-exported or transferred to a third party without a written permission from the competent authorities of the transferring Parties executed in accordance with the laws of each of the states of the Parties.
The parties agreed to cooperate on issues of control over the export of nuclear materials, equipment, special non-nuclear materials and related technologies, as well as dual-use goods. Control over the use of delivered nuclear materials, equipment, special non-nuclear materials and related technologies, as well as nuclear and non-nuclear materials, installations and equipment produced on their basis or as a result of their use, shall be carried out in a manner agreed upon through consultations between the Parties.
Article 10.
In accordance with the terms of this Agreement, the Parties do not transfer facilities and technologies for the chemical processing of irradiated nuclear fuel, uranium with an enrichment of 20 percent or more, 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 and more for the isotope uranium-235, plutonium and heavy water.
Article 11.
The Parties shall establish a joint coordinating committee consisting of representatives appointed by the competent authorities of the Parties to monitor the implementation of this Agreement.
Meetings of the joint coordinating committee are held, as necessary, alternately in the Russian Federation and in the Argentine Republic in accordance with the agreement of the competent authorities of the Parties.
Article 12.
Civil liability for nuclear damage that may arise in connection with the implementation of cooperation under this Agreement shall be regulated by the Parties in accordance with the Vienna Convention on Civil Liability for Nuclear Damage of May 21, 1963.
Article 13.
The issues of protection, distribution and transfer of intellectual property rights under this Agreement are subject to concretization in agreements (contracts) concluded in accordance with article 7 of this Agreement. The Parties shall ensure, in accordance with the legislation of each of the states of the Parties and applicable international treaties to which the Russian Federation and the Argentine Republic are parties, effective protection and distribution of intellectual property rights transferred under this Agreement or created as a result of its implementation.
Article 14.
This Agreement does not affect the rights and obligations of each of the Parties under other international treaties to which its state is a party.
Article 15.
Any disagreements between the Parties related to the application and (or) interpretation of the provisions of this Agreement shall be resolved through consultations or negotiations between the competent authorities of the Parties, unless the Parties agree otherwise.
In the event of any discrepancy between the provisions of this Agreement and agreements (contracts) entered into under this Agreement, the provisions of this Agreement shall prevail.
Article 16
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 domestic procedures in accordance with the requirements of national legislation.
This Agreement is concluded for a period of 10 years. Its validity is automatically extended for subsequent 2-year periods, if none of the Parties notifies the other Party in writing through diplomatic channels at least 6 months before the expiration of the next period of its intention to terminate this Agreement.
Termination of this Agreement does not affect the execution of programs or projects started during the period of its validity and not completed at the time of its termination, unless the Parties agree otherwise. In the event of termination of this Agreement, the obligations of the Parties in accordance with Articles 8 - 10 and 13 of this Agreement remain in force, unless the Parties agree otherwise.
This Agreement may be amended by mutual consent of the Parties, executed in writing.
Done in Buenos Aires on July 12, 2014, in duplicate, each in the Russian, Spanish and English languages, all texts being equally authentic. In the event of a discrepancy in the interpretation of the provisions of this Agreement, the text in English is used.
For the Government
Russian Federation
For the Government of the Argentine Republic
