The Department of Energy of the United States of America, and The FederalNuclear and Radiation Safety Authority of the Russian Federation hereinafterreferred to as the Parties;Expressing their support for efforts to enhance nonproliferation ofnuclear 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 ofprotection, control, and accounting of nuclear material including the exchangeof experience and views on nuclear material protection control, and accountingsystems and regulatory issues at the national and facility levels and,as a result of specific joint activities, undertaking to develop and implementmany aspects of rigorous national systems of nuclear material security;and
Considering this Agreement as a supplement to the existing Agreementbetween the U. S. and Russian authorities and organizations in areas related tonuclear material protection, control,and accounting;
Referencing the Agreement between the Russian Federation and the UnitedStates of America concerning the Safe and Secure Transportation, Storageand Destruction of Weapons and the Prevention of Weapons Proliferation;
Have agreed as follows:
ARTICLE I
1. In order to contribute to the nonproliferation of nuclear weaponsthrough improvement of the systems of control, accounting, and physicalprotection of nuclear material, to prevent its diversion to nonpeacefulpurposes, and to support monitoring of these activities the Departmentof Energy of the United S States of America shall provide to the FederalNuclear and Radiation Safety Authority of the Russian Federation technicalassistance ln the form of equipment, property, supplies, training, andservices, in accordance with the terms of this Agreement.
2. The Federal Nuclear and Radiation Safety Authority of the RussianFederation shall use all equipment, property, supplies, exclusively forthe purpose of providing effective measures of (:control, accounting, andphysical protection of nuclear material in use, transit, or storage, inorder to fulfill the objective of this Agreement as described in paragraph1 of this Article.
3. For the implementation of this Agreement, there shall be establisheda Department of EnergyFederal Nuclear and Radiation, Safety Authorityof the Russian Federation Joint Committee on Cooperation. Meetings willbe convened periodically upon agreement of the Parties but not less thanonce 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 asis necessary for effective implementation of this Agreement including, butlimited to, approval of specific projectsand programs of cooperation; designation of appropriate participating organizationsand institutions responsible for carrying out cooperative activities; determinationof priorities and specific schedules for carrying out projects; and matingrecommendations, as appropriate, to the Federal Nuclear and Radiation SafetyAuthority of the Russian Federation and the Department of Energy.
5. In implementing this Agreement, the Department of Energy of the UnitedStates of America and the Federal Nuclear and Radiation Safety Authorityof the Russian Federation shall hold technical discussions Both Partiesshall provide recommendations Upon agreement by the Parties, joint workinggroupsof technical experts may be established to exchange technical informationand to advise the Parties with respect to technical issues related to theeffective implementation of this Agreement.
6. The Department of Energy does not warrant the suitability of theequipment or associated information transmitted for any particular useor application by the Federal Nuclear and Radiation Safety Authority ofthe Russian Federation or by any third party. Following the provision ofassistance to the Federal Nuclear and Radiation Safety Authority of theRussian Federation, the Department of Energy of the United States of Americashall not be responsible for ensuring either the proper use or failureof the equipment, property, supplies, training, or services, the provisionofwhich has been agreed upon by the Parties, to achieve desired results.
7. This Agreement is without prejudice to other agreements which existor could be concluded between the United States and Russia, their agencies,or instrumentalities.
ARTICLE II
Each party to this Agreement shall have the right, following writtennotification to the other Party, to designate technical liaison representativesfor equipment, property, supplies, training, and services provided pursuantto this Agreement.
ARTICLE III
1. The equipment property, supplies, training, and services providedto the Federal Nuclear and Radiation Safety Authority of the Russian Federationpursuant to this Agreement mayinclude consultations and technical assistance in the following areas, subjectto agreement of the parties:
a. Assistance in development of regulatory programs for nuclearmaterial control,. accounting and physical protection:b. Assistance in development of procedures of: license review andinspection programs;
c. Improvement and implementation of a national information system,including a system for tracking and reporting nuclear material, at thenational, regional, and facility levels.
d. Procurement and installation of equipment and instrumentation forinspectors, operators, or others;
e. Provision of training to inspectors, operators, or others;
f. Additional areas mutually agreed and consistent with the terms ofthis Agreement. In the event such areas are of the type that may resultin intellectual property being created, for example, experimental research,or development projects, then this Agreement will be amended to addressthe protection and allocation between the parties of such intellectualproperty.
2. Only unclassified technical information shall be exchanged under thisAgreement.3. Unless otherwise agreed, all costs resulting from implementationof this Agreement shall be the responsibility of the Party that incursthem. The ability of the Parties to carry out their obligations is subjectto the availability of appropriated funds, resources, and personnel, andto applicable laws and regulations.
ARTICLE IV
1. The Federal Nuclear and Radiation Safety Authority of the RussianFederation shall examine all equipment, property, and supplies receivedpursuant to this Agreement, and provide written confirmation to the Departmentof Energy of the United States of America within ten days of receipt thatit has been successfully delivered to the agreed location and it conformswith the specifications developed jointly by the Department of Energy ofthe United States of America with the Federal nuclear and Radiation SafetyAuthority of the Russian Federation. Any equipment. property, or suppliesfailing to conform with these specifications shall be returned to the UnitedStates of America through the Embassy of the United States of America atMoscow 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 RussianFederation or any of its instrumentalities on activities in accordancewith this Agreement
3. It shall be the responsibility of the Federal Nuclear and RadiationSafety Authority of the Russian Federation to work with relevant entitiesin the Russian Federation to ensure that the Department of Energy, itspersonnel, contractors, and contractors' personnel may import into, andexport out of , the Russian Federation any equipment, supplies, materialor services required to implement this Agreement. Such importation andexportation of articles or services shall not be subject to any customs,duties, taxes or any other charges by the Russian Federation or any toits: instrumentalities.
ARTICLE V
1. As appropriate, the parties may enter into additional arrangementsto implement the provisions of this Agreement. In case of any inconsistencybetween this Agreement and. any such arrangements, the provisions of thisAgreement 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 thisagreement on matters within the scope ofthe Commission's responsibilities.
ARTICLE VI
This Agreement shall enter into force upon signature and shall remainin force for five ears. This Agreement may be amended or extended by thewritten agreement of the Parties and may be terminated by either Partyupon ninety days written notification to the other Party of its intentionto do so.
DONE at Moscow, this 9 thirtieth day of June, in two copies, each inthe 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 THERUSSIAN FEDERATION
Signed by Vishnevsky