The Department of Energy of the United States of America, and The Federal Nuclear and Radiation Safety Authority of the Russian Federation hereinafter referred to as the Parties;

Expressing their support for efforts to enhance nonproliferation of nuclear weapons through strong national systems of nuclear material protection, control, and accounting with the objective of preventing the theft, diversion, or unauthorized use of nuclear materials; .

Undertaking to cooperate in the area of improved national systems of protection, control, and accounting of nuclear material including the exchange of experience and views on nuclear material protection control, and accounting systems and regulatory issues at the national and facility levels and, as a result of specific joint activities, undertaking to develop and implement many aspects of rigorous national systems of nuclear material security; and

Considering this Agreement as a supplement to the existing Agreement between the U. S. and Russian authorities and organizations in areas related to nuclear material protection, control, and accounting;

Referencing the Agreement between the Russian Federation and the United States of America concerning the Safe and Secure Transportation, Storage and Destruction of Weapons and the Prevention of Weapons Proliferation;

Have agreed as follows:

1. In order to contribute to the nonproliferation of nuclear weapons through improvement of the systems of control, accounting, and physical protection of nuclear material, to prevent its diversion to non­peaceful purposes, and to support monitoring of these activities the Department of Energy of the United S States of America shall provide to the Federal Nuclear and Radiation Safety Authority of the Russian Federation technical assistance ln the form of equipment, property, supplies, training, and services, in accordance with the terms of this Agreement.

2. The Federal Nuclear and Radiation Safety Authority of the Russian Federation shall use all equipment, property, supplies, exclusively for the purpose of providing effective measures of (:control, accounting, and physical protection of nuclear material in use, transit, or storage, in order to fulfill the objective of this Agreement as described in paragraph 1 of this Article.

3. For the implementation of this Agreement, there shall be established a Department of Energy­Federal Nuclear and Radiation, Safety Authority of the Russian Federation Joint Committee on Cooperation. Meetings will be convened periodically upon agreement of the Parties but not less than once a year in the United States and the Russian Federation alternately, unless otherwise mutually agreed.

4. The Joint Committee on Cooperation (JCC) shall take such action as is necessary for effective implementation of this Agreement including, but limited to, approval of specific projects and programs of cooperation; designation of appropriate participating organizations and institutions responsible for carrying out cooperative activities; determination of priorities and specific schedules for carrying out projects; and mating recommendations, as appropriate, to the Federal Nuclear and Radiation Safety Authority of the Russian Federation and the Department of Energy.

5. In implementing this Agreement, the Department of Energy of the United States of America and the Federal Nuclear and Radiation Safety Authority of the Russian Federation shall hold technical discussions Both Parties shall provide recommendations Upon agreement by the Parties, joint working groups of technical experts may be established to exchange technical information and to advise the Parties with respect to technical issues related to the effective implementation of this Agreement.

6. The Department of Energy does not warrant the suitability of the equipment or associated information transmitted for any particular use or application by the Federal Nuclear and Radiation Safety Authority of the Russian Federation or by any third party. Following the provision of assistance to the Federal Nuclear and Radiation Safety Authority of the Russian Federation, the Department of Energy of the United States of America shall not be responsible for ensuring either the proper use or failure of the equipment, property, supplies, training, or services, the provision­of which has been agreed upon by the Parties, to achieve desired results.

7. This Agreement is without prejudice to other agreements which exist or could be concluded between the United States and Russia, their agencies, or instrumentalities.

Each party to this Agreement shall have the right, following written notification to the other Party, to designate technical liaison representatives for equipment, property, supplies, training, and services provided pursuant to this Agreement.
 

1. The equipment property, supplies, training, and services to :~e provided to the Federal Nuclear and Radiation Safety Authority of the Russian Federation pursuant to this Agreement may include consultations and technical assistance in the following areas, subject to agreement of the parties:

a. Assistance in development of regulatory programs for nuclear material control,. accounting and physical protection:

b. Assistance in development of procedures of:­ license review and inspection programs;

c. Improvement and implementation of a national information system, including a system for tracking and reporting nuclear material, at the national, regional, and facility levels.

d. Procurement and installation of equipment and instrumentation for inspectors, operators, or others;

e. Provision of training to inspectors, operators, or others;

f. Additional areas mutually agreed and consistent with the terms of this Agreement. In the event such areas are of the type that may result in intellectual property being created, for example, experimental research, or development projects, then this Agreement will be amended to address the protection and allocation between the parties of such intellectual property.

2. Only unclassified technical information shall be exchanged under this Agreement.

3. Unless otherwise agreed, all costs resulting from implementation of this Agreement shall be the responsibility of the Party that incurs them. The ability of the Parties to carry out their obligations is subject to the availability of appropriated funds, resources, and personnel, and to applicable laws and regulations.

ARTICLE IV

1. The Federal Nuclear and Radiation Safety Authority of the Russian Federation shall examine all equipment, property, and supplies received pursuant to this Agreement, and provide written confirmation to the Department of Energy of the United States of America within ten days of receipt that it has been successfully delivered to the agreed location and it conforms with the specifications developed jointly by the Department of Energy of the United States of America with the Federal nuclear and Radiation Safety Authority of the Russian Federation. Any equipment. property, or supplies failing to conform with these specifications shall be returned to the United States of America through the Embassy of the United States of America at Moscow within thirty days of receipt for replacement.

2. The Department of Energy, its personnel, contractors and contractors' personnel shall not be liable to pay any tax or similar charge by the Russian Federation or any of its instrumentalities on activities in accordance with this Agreement

3. It shall be the responsibility of the Federal Nuclear and Radiation Safety Authority of the Russian Federation to work with relevant entities in the Russian Federation to ensure that the Department of Energy, its personnel, contractors, and contractors' personnel may import into, and export out of , the Russian Federation any equipment, supplies, material or services required to implement this Agreement. Such importation and exportation of articles or services shall not be subject to any customs, duties, taxes or any other charges by the Russian Federation or any to its: instrumentalities.

ARTICLE v

1. As appropriate, the parties may enter into additional arrangements to implement the provisions of this Agreement. In case of any inconsistency between this Agreement and. any such arrangements, the provisions of this Agreement shall prevail.

2. In carrying out this work, the parties will coordinate with the U.S. Nuclear Regulatory Commission, as appropriate, to achieve the goals of this agreement on matters within the scope of the Commission's responsibilities.

ARTICLE VI

This Agreement shall enter into force upon signature and shall remain in force for five ears. This Agreement may be amended or extended by the written agreement of the Parties and may be terminated by either Party upon ninety days written notification to the other Party of its intention to do so.

DONE at Moscow, this 9 thirtieth day of June, in two copies, each in the Russian and English languages, both texts being equally authentic.

FOR THE DEPARTMENT OF ENERGY OF THE UNITED STATES

OF AMERICA

Signed by Hazel R. O'Leary

FOR THE FEDERAL NUCLEAR AND ENERGY

RADIATION SAFETY AUTHORITY

OF THE RUSSIAN FEDERATION
 

Signed by Vishnevsky
Source: URL: http://www.eia.doe.gov/gorec/gcc16.html

Comments or questions? Contact Cristina Chuen at MIIS CNS: Cristina.ChuenATmiis.edu

This material is produced independently for NTI by the Center for Nonproliferation Studies at the Monterey Institute of International Studies and does not necessarily reflect the opinions of and has not been independently verified by NTI or its directors, officers, employees, agents. Copyright © 2002 by MIIS.

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