AGREEMENT FOR COOPERATION BETWEEN THE GOVERNMENT OP JAPAN AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA CONCERNING PEACEFUL USES OF NUCLEAR ENERGY

8/3/2019 AGREEMENT FOR COOPERATION BETWEEN THE GOVERNMENT OP JAPAN AND THE GOVERNMENT OF THE UNITED ST

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AGREE MENT FOR COOPE RATIONBETWEE N THE GOVERNMEN T OP JAPANAND THE GOVERNME NT OF

THE UNITE D STATES OF AMERICACONCERNING PEACEFU L USES OF NUCLEAR ENE RGY

The Governm ent of Japa n

and th e Governm ent of the Un ited Stat es of

America,

Considering the close cooperation between the two countries in the peaceful uses of

nuclear energy pursuant to the Agreement for Cooperation Between the Government of

Japan and the Government of the United States of America concerning Civil Uses of

Atomic Energy, signed on February 26, 1968, as amended (hereinafter referred to as

"the previous Agreement");

Recognizing th e importa nce of resear ch on a nd development an d us e of nu clear energy

for peaceful purposes;

Desiring to continue and expand cooperation in this field with due respect for their

relevant nat ional programs;

Desiring to enter into arrangements in the peaceful uses of nuclear energy on a

predictable an d reliable basis which t ak e account of th e long-term r equiremen ts of th eir

nu clear energy programs;

Mindful that both Governments are parties to the Treaty on the Non-Proliferation of

Nu clear Weapons (hereina fter r eferred to as "th e Non-proliferat ion Treat y");

Reaffirming their commitment to ensuring that the international research on and

development and use of nuclear energy for peaceful uses are carried out in such a

manner as will to the maximum extent further the objectives of the Non-Proliferation

Treaty; and


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Affirm ing t heir support of th e objectives of the In ter na tional Atomic Ener gy Agency

(hereinafter referred to as "the Agency") and their desire to promote universal

adh erence to the Non-prolifera tion Trea ty;

Have agreed as follows:


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Art icle 1

For th e pur poses of th is Agreemen t:

(a) "Parties" means the Government of Japan and the Government of the United

Sta tes of America; "Pa rt y" means one of th e a bove "par ties";

(b) "Per son" mean s an y individua l or ent ity un der t he ter rit orial jurisdiction of either

par ty, but does not include the par ties;

(c) "Reactor" means any apparatus, other than a nuclear weapon or other nuclear

explosive device, in which a self-sustaining fission chain reaction is maintained by

utilizing uranium, plutonium or thorium, or any combination thereof;

(d) "Equipment" means any reactor as a complete unit, other than one designed or

used primarily for the formation of plutonium, or uranium-233, and any other items

specified in Pa rt A of Annex A of th is Agreem ent ;

(e) "Component" means a component part of equipment or other item, so designated

by agreement of th e part ies;

(f) "Material" means material for reactors which is specified in Part B of Annex A of

th is Agreemen t, but does not in clude "nu clear m at erial";

(g) "Nuclear material" means (i) "source material", namely, uranium containing the

mixture of isotopes occurring in nature; uranium depleted in the isotope 235;

thorium; any of the foregoing in the form of metal, alloy, chemical compound, or

concentrate; any other substance containing one or more of the foregoing in such

concent rat ion a s may be agreed to by the pa rt ies; and such other subst ances as may

be agreed t o by the p ar ties; an d (ii) "special fissiona ble mat erial", na mely, plut onium,

uranium-233, uranium enriched in the isotope 233 or 235; any substance containing

one or more of the foregoing; and such other substances as may be agreed to by the

par ties. The t erm "special fissiona ble mat erial" does not include "source mat erial";

(h) "High enriched uran ium" means ur anium enriched t o twenty percent or m ore in

th e isotope 235;


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(i) "Restricted da ta " mean s an y dat a concernin g (i) design, man ufactur e, or u tilization

of nu clear weapons ; (ii) th e produ ction of special fissiona ble ma ter ial; or (iii) th e use ofspecial fissiona ble mat erial in th e production of ener gy, but does n ot include dat a of a

par ty which it h as declassified or r emoved from t he category of rest ricted dat a;

(j) "Sensitive nuclear technology" means any data which are not available to the

public and which are important to the design, construction, fabrication, operation or

ma int enan ce of enr ichm ent , reprocessing or hea vy water production facilities, or su ch

oth er dat a a s ma y be so designat ed by agreement of the part ies.

Art icle 21.

(a) The parties shall cooperate under this Agreement in the peaceful uses of nuclear

energy in t he t wo count ries in t he following ways:

(i) The pa rt ies sha ll encoura ge coopera tion between t heir r espective organ izations,

public and private, by exchanges of experts. When execution of an agreement or

contract pursuant to this Agreement between Japanese and United States

organizations requites such exchanges of experts, the parties shall facilitate the

entr y of th e experts to their terr itories and th eir stay th erein.

(ii) The pa rt ies sha ll facilita te su pply and excha nge of inform at ion on su ch t erms as

may be agreed either between th emselves, between persons un der t heir terr itorial

jur isdiction or between either pa rt y and persons un der th e terr itorial jur isdiction of

the other party. Subjects that may be covered include health, safety and

environmental considerations,

(iii) Either party or its authorized persons may supply to or receive from the other

party or its authorized persons material, nuclear material, equipment and

components on such terms as may be agreed between the supplier and the

recipient.

(iv) Either party or its authorized persons may perform services for or receive

services from th e other part y or it s au thorized persons on m att ers within t he scope


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of this Agreement on such terms as may be agreed between the supplier and the

recipient.

(v) The par ties ma y coopera te in other ways a s deemed appropriat e by th em,

(b) Notwithstanding the provisions of sub-paragraph (a) above, restricted data and

sensitive nuclear technology shall not be transferred under this Agreement.

2. Coopera tion between t he pa rt ies as sp ecified above sha ll be subject t o the pr ovisions

of this Agreement, and the applicable treaties, laws, regulations and license

requir ement s in force in

their respective countries and shall require, in the case of cooperation envisaged in

sub-paragraph (a)(iii) of paragraph 1 above, the application of safeguards by the

Agency:

(a) with respect to all nuclear material in all nuclear activities within the territory of

Japan, under its jurisdiction or carried out under its control anywhere, when the

recipient is the Government of Japan or its authorized persons. Implementation of

th e agreement between t he Government of Ja pan and th e Agency in connection with

th e Non- Pr oliferat ion Treat y sha ll be considered as fulfilling th is requirem ent ; and

(b) with respect to all nuclear material in all civil nuclear activities within the

territory of the United States of America, under its jurisdiction or carried out under

its control anywhere, when the recipient is the Government of the United States of

America or its authorized persons. Implementation of the agreement between the

United States of America and the Agency for the application of safeguards in the

Unit ed Sta tes of America sh all be considered a s fulfilling th is requir ement .

3. Material, nuclear ma terial, equipment an d components t ran sferred between th e two

countries, whether directly or through a third country, shall become subject to this

Agreemen t u pon th eir ent ry int o th e terr itorial jurisdiction of th e receiving par ty, only if

th e supplying par ty h as n otified the r eceiving part y in writing of th e intended t ran sfer.

Prior to the notified transfer of such items, the supplying party shall obtain from the

receiving part y a writt en confirma tion th at th e tr ansferred item will be held subject to

th is Agreement an d th at th e proposed recipient, if other t ha n th e receiving part y, will be

its a ut horized person,


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4. Material, nuclear material, equipment and components subject to this Agreement

sha ll no longer be subject to th is Agreement if:

(a) such items have been transferred beyond the territorial jurisdiction of the

receiving par ty in accordance with th e relevant provisions of th is Agreement ;

(b) in t he case of nu clear m at erial, (i) th e Agency determines, in accordan ce with th e

provisions for the termination of safeguards in the relevant agreement referred to in

para graph 2 of this Art icle, tha t th e nuclear mat erial has been consum ed, or h as been

diluted in su ch a wa y tha t it is no longer u sable for any nu clear activity relevant from

the point of view of safeguards, or has become practicably irrecoverable. If either

part y disputes th e Agency determinat ion, th e nuclear mat erial will remain su bject t o

th is Agreement un til th e disput e is resolved; or (ii) in th e absence of a det ermin at ion

by the Agency, it is agr eed by th e part ies tha t su ch n uclear ma ter ial should no longer

be subject to th is Agreement ; or

(c) in th e case of ma ter ial, equipmen t a nd component s, it is agreed by the par ties.

Art icle 3Plutonium and uranium-233 (except as contained in irradiated fuel elements), and

high enriched ur anium , tran sferred pur suan t t o this Agreement or u sed in or pr oduced

th rough th e use of nuclear mat erial or equipment so tran sferred, shall only be stored in

a facility to which th e part ies agree.


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Art icle 4

Material, nuclear material, equipment and components transferred pursuant to thisAgreement and special fissionable material produced through the use of such material,

nuclear material or equipment may be transferred only to persons authorized by a

receiving party or, if the parties agree, beyond the territorial jurisdiction of the

receiving party.

Art icle 51. Nuclear material transferred pursuant to this Agreement and special fissionable

material used in or produced through the use of material, nuclear material or

equipment so transferred may be reprocessed if the parties agree.

2. Plutonium, uranium-233, high enriched uranium and irradiated nuclear material

transferred pursuant to this Agreement or used in or produced through the use of

material, nuclear material or equipment so transferred may be altered in form or

content by irradiation. Such special fissionable material may otherwise be altered in

form or cont ent if th e part ies agree.

Art icle 6Ura nium t ran sferred pursu ant to this Agreement or used in equipment so tran sferred

may be enriched to less than twenty percent in th e isotope 235. Such ura nium may also

be enriched to twent y percent or m ore in t he isotope 235 if th e par ties agree.

Art icle 7Adequate measures of physical protection shall be maintained with respect to nuclear

mat erial tra nsferred pu rsua nt to this Agreement a nd special fissionable mat erial used

in or produced through the use of material, nuclear material or equipment so

transferred, at levels, as a minimum, comparable to those set out in Annex B of this

Agreement.


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Art icle 8

1. Cooperation u nder th is Agreement sha ll be car ried out only for peaceful pu rposes,

2. Mat erial, nu clear mat erial, equipment an d components tr ansferred pursu ant to this

Agreement and nuclear material used in or produced through the use of such items

shall not be used for any nuclear explosive device, for research specifically on or

developmen t of any nu clear explosive device, or for an y militar y pur pose.

Art icle 91. In order to ensu re complian ce with th e provisions of par agra ph 2 of Art icle 8 of this

Agreement:

(a) Nuclear material transferred to the territorial jurisdiction of the Government of

J apan pursu ant to this Agreement a nd nu clear material used in or produced through

th e use of material, nuclear mat erial, equipment or components so tr ansferred sha ll

be subject t o th e agreement referred to in sub-para graph (a) of par agra ph 2 of Art icle

2 of th is Agreement .

(b) Nuclear material transferred to the territorial jurisdiction of the Government of

th e United Stat es of America pur suan t t o th is Agreement and n uclear ma terial used

in or produced through the use of material, nuclear material, equipment or

components so transferred shall be subject to (i) the agreement referred to in

sub-paragraph (b) of paragraph 2 of Article 2 of this Agreement and (ii)

supplementary measures for substitution, to the extent practicable, or for tracking

and accounting for such nuclear material.

2. If either party becomes aware that for any reason the Agency is not or will not be

applying safeguards as required by paragraph 1 of this Article, the parties shall

forthwith consult to take rectifying measures and, in the absence of such rectifying

measur es, shall immediately enter into arr angements which conform to

safeguards principles and procedures of the Agency and provide effectiveness and

coverage equivalent to that intended to be provided by the safeguards required

pursu ant to paragra ph 1 of this Article.


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Art icle 10If an agreement between either par ty an d an other nat ion or group or n ations provides

such oth er na tion or group of na tions right s equivalent to any or all of th ose set fort h in

Article 3, 4, 5, 6 or 12 of th is Agreement with r espect t o any mat erial, nu clear m at erial,

equipment or components subject to this Agreement, the parties nay, at the request of

either of them, agree that the implementation of such rights will be accomplished by

such other na tion or group of na tions.

Art icle 11In order to facilitate activities subject to Articles 3, 4 and 5 of this Agreement, the

par ties sha ll make, consistent with t he objective of prevent ing nuclear pr olifera tion and

with their respective national security interests, and perform in good faith separate

arrangements that will satisfy the requirements for mutual agreement set forth in

those Articles on a long-term, predictable and reliable basis, and in a manner that will

furt her facilita te pea ceful u ses of nu clear ener gy in t heir r espective count ries.

Art icle 121. If either par ty a t a ny t ime following ent ry int o force of th is Agreement :

(a) does not comply with the provisions of Article 3, 4, 5, 6, 7, 8, 9 or 11 of this

Agreement or the decisions of the arbitral tribunal referred to in Article 14 of this

Agreement; or

(b) terminates or materially violates a safeguards agreement with the Agency, the

oth er par ty sha ll have the r ight s to cease furt her cooperation un der th is Agreement ,

terminate this Agreement and require the return of any material, nuclear material,

equipment or components transferred pursuant to this Agreement or any special

fissionable mat erial produced thr ough th e use of such items.

2. If the United states of America detonates a nuclear explosive device using material,

nu clear mat erial, equipment or component s tr ansferred pursu ant to this Agreement or

nu clear ma terial used in or pr oduced th rough th e use of such items, the Government of


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J apan shall ha ve the sam e rights a s specified in pa ragra ph 1 of th is Article.

3. If J apa n det onat es a nu clear explosive device, the Govern ment of the Unit ed Sta tes ofAmerica sh all have th e same r ights a s specified in para graph 1 of th is Art icle.

4. Before either party takes steps to cease cooperation under this Agreement, to

terminate this Agreement, or to require such return, the parties shall consult for the

purpose of taking corrective steps and shall carefully consider the economic effects of

such actions, baking into account the need to make such other appropriate

arr angements as ma y be required.

5. If either party exercises its rights under this Article to require the return of any

material, nuclear material, equipment or components, it shall compensate the other

par ty or the persons concerned for the fair mar ket valu e ther eof,

Art icle 131. The previous Agreement shall t erminat e on th e dat e th is Agreement enters into force.

2. Cooperation initiated under the previous Agreement shall continue under this

Agreement. The provisions of this Agreement shall apply to nuclear material and

equipment su bject to th e previous Agreement. Should th e separat e ar ran gements called

for in Article 11 of this Agreement be suspended with respect to such nuclear material

or equipment, they shall be subject to the provisions of this Agreement during the

sus pension only to th e extent covered by th e previous Agreemen t.

Art icle 141. With a view to promoting cooperation under this Agreement, the parties may, at the

request of either of them, consult with each other through diplomatic channels or other

consu ltat ive fora .

2. If an y question ar ises concern ing th e inter pret at ion or application of th is Agreement ,

th e part ies shall, at t he r equest of either of th em, consu lt with each other.


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3. If an y dispute a rising out of th e inter pret at ion or application of th is Agreement is not

settled by negotiation, mediation, conciliation or other similar procedure, the partiesmay agree to submit such dispute to an arbitral tribunal which shall be composed of

th ree ar bitrators a ppointed in accordan ce with t he provisions of this para graph. E ach

part y shall designate one arbitra tor who may be a n ational of its count ry and th e two

arbitrators so designated shall elect a third, a national of a third country, who shall be

th e Chairman . If, with in th irty days of th e request for a rbitrat ion, either par ty ha s not

designated an arbitrator, either party may request the President of the international

Court of Justice to appoint an arbitrator. The same procedure shall apply if, within

thirty days of the designation or appointment of the second arbitrator, the third

arbitr ator ha s not been elected, provided tha t t he th ird arbitr ator so appointed sha ll not

be a national of the country of either party. A majority of the members of the arbitral

tribunal shall constitute a quorum, and all decisions shall require the concurrence of

two arbitrators. The arbitral procedure shall be fixed by the tribunal. The decisions of

th e tribuna l shall be binding on t he part ies.

Art icle 15The Annexes of th is Agreement form an int egral par t of th is Agreement . The Ann exes

ma y be modified by mu tu al consent in writ ing of th e part ies with out am endm ent of th is

Agreement.

Art icle 161. This Agreement shall enter into force on t he t hirtieth day after th e date on which the

parties exchange diplomatic notes informing each other that their respective internal

legal procedur es necessary for ent ry int o force of th is Agreemen t ha ve been completed

and shall remain in force for a period of thirty years, and shall continue in force

thereafter until terminated in accordance with the provisions of paragraph 2 of this

Article.

2. Either party may, by giving six months written notice to the other party, terminate

th is Agreement at th e end of the initial t hirt y-year period or at any t ime thereafter.

3. Notwith sta ndin g the sus pension or t ermin at ion of th is Agreement or an y coopera tion


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her eun der for a ny r eason, Article 1, para graph 4 of Article 2 an d Articles 3, 4, 5, 6, 7, 8,

9, 11, 12 and 14 sha ll continu e in effect to th e extent applicable.

4. At the request of either party, the parties shall consult with each other whether to

amend th is Agreement or t o replace it with a new agreement.

IN WITNESS WHEREOF the undersigned, being duly authorized, have signed this

Agreement.

DONE a t Tokyo, this four th day of November, 1987, in du plicat e, in t he J apa nese an d

En glish lan guages, both texts being equally auth entic.

FOR THE GOVERNME NT OF J APAN

Tadashi Kurana ri

FOR THE GOVERNMEN T OF TH E U NITED STATES OF AMERICA:

Micha el J . Mans field


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Annex A

Part A1. Reactor pressu re vessels:

Metal vessels, as complete unit s or as ma jor sh op-fabr icat ed par ts t her efore, which are

especially designed or prepared to contain the core of a reactor and are capable of

withsta nding th e operating pr essure of the primary coolant.

2. Reactor fuel cha rging an d discha rging ma chines as complete u nits :

Manipu lative equipmen t especially designed or prepar ed for insert ing or r emoving fuel

in a rea ctor capa ble of on-load operation.

3. Reactor cont rol rods as complete u nit s:

Complete cont rol rod assem blies, including th e cont rol rod drive mechan ism, especially

designed or prepar ed for th e contr ol of th e reaction ra te in a rea ctor.

4. Reactor prima ry coolan t pu mps a s complete unit s:

Pumps, including the motor, especially designed or prepared for circulating the

prima ry coolan t for a reactor.

Part B1. Deuterium a nd h eavy water:

Deuterium a nd any deut erium compound in which the rat io of deut erium t o hydrogen

exceeds 1:5000 for use in a rea ctor.

2. Nuclear grade graph ite:

Graphite h aving a pur ity level better t han 5 part s per million boron equivalent and with

a density greater t han 1.50 grams per cubic centimeter.


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Annex B

Levels of physical pr otect ionCATEGORY III

Use an d stora ge with in an ar ea to which a ccess is cont rolled,

Tran sport ation un der special precaut ions including prior arr angements among sender,

recipient and carrier, and prior agreement between entities subject to the jurisdiction

and regulation of supplier and recipient states, respectively, in case of international

transport specifying time, place and procedures for transferring transport

responsibility.

CATEGORY IIUse and storage within a protected area to which access is controlled, i.e., an area

under constant surveillance by guards or electronic devices, surrounded by a physical

barr ier with a limited nu mber of points of ent ry un der appr opriate cont rol, or a ny ar ea

with an equivalent level of physical pr otection.

Tran sport ation un der special precaut ions including prior arr angements among sender,

recipient and carrier, and prior agreement between entities subject to the jurisdiction

and regulation of supplier and recipient states, respectively, in case of International

transport, specifying time, place and procedures for transferring transport

responsibility.

CATEGORY INuclear material in this Category shall be protected with highly reliable systems

against unauthorized use as follows.

Use and storage within a highly protected area, i.e., a protected area as defined for

Category II above, to which, in addition, access is restricted to persons whose

tr ustworthiness h as been determined, and wh ich is un der sur veillance by guards who

are in close communication with appropriate response authorities. Specific measures


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ta ken in t his cont ext should ha ve as th eir objective th e detection an d prevent ion of an y

assault, unauthorized access or unauthorized removal of the nuclear material

concerned.

Transportation under special precautions as identified above for transportation of

Category II and III nuclear material and, in addition, under constant surveillance by

escorts and under conditions which assure close communication with appropriate

response a uth orities.


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TABLE: CATEGORIZATION OF NUCLEAR MATERIAL

NuclearMaterial Form Category I Category II Category III

c

1. Plutonium a Unirradiated b 2kg or more Less th an 2kg butmore than 500g

500g or less but

more than 15g

5kg or more Less th an 5kg but

more than 1kg

1kg or less but

more than 15g

10kg or more Less tha n 10kg

but more than

1k g

2. Ura nium -235 Unirradiated b:-uran ium enriched

to 20% 235U or

more

-uran ium enriched

to 10% 235U but

less tha n 20%

-uran ium enriched

above natural, but

less than 10%

235U

10kg or more

3. Ura nium -233 Unirradiated b 2kg or more Less th an 2kg butmore than 500g

500g or less but

more than 15g4. Irradiat ed fuel Depleted or naturaluranium, thorium or

low-enriched fuel

(less than 10% fissile

content) d,e


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a. All plutonium except that with isotopic concentration exceeding 80% in

plutonium-238.

b. Nuclear material not irradiated in a reactor or nuclear material irradiated in a

reactor but with a radiation level equal to or less than 100 rads/hour at one meter

unshielded.

c. Quantities not falling in Category III and natural uranium should be protected in

accordan ce with pr udent man agement pr actice.

d. Alth ough t his level of protection is r ecommended, it would be open t o a pa rt y, upon

evaluation of the specific circumstances, to assign a different category of physical

protection.

e. Other fuel which by virtu e of its original fissile nu clear mat erial cont ent is classified

as Category I and II before irradiation may be reduced one category level while the

ra diat ion level from t he fuel exceeds 100 tads/hour a t one meter un shielded'.


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AGREED MINUTES

In connection with the Agreement for Cooperation Between the Government of Japanand the Government of the United States of America Concerning Peaceful uses of

Nu clear En ergy, signed at Tokyo today (hereinafter referred t o as "the Agreement "), th e

undersigned hereby record the following understandings:

1. With reference to sub-paragraph (a)(iii) and (iv) of paragraph 1 of Article 2 of the

Agreement, it is confirmed that the Government of the United States of America will

take such actions as may be necessary and feasible to ensure a reliable supply of

nuclear fuel to Japan, including the export of nuclear material and in particular the

furnishing of enrichment services on a timely basis and the maintenance of the

availability of the capacity to carry out this undertaking during the period of the

Agreement.

2. With reference to sub-paragr aph (c) of para graph 4 of Article 2 of th e Agreement , it is

confirmed that the parties will consult with each other for the purpose of developing

practical means for determining when material, equipment and components are no

longer u sable for n uclear pu rposes.

3. With reference to Article 3 and paragraph 2 of Article 5 of the Agreement, it is

confirmed th at when a ltera tion in form or content or st orage of nu clear m at erial subject

to the Agreement is authorized within the terms of an export license of the supplying

part y no furt her a greement between t he par ties is required for- such a lterat ion in form

or content or storage.

4. With referen ce to th e provisions of Articles 3,4 and 5 of the Agreem ent , it is confirm ed

that with respect to special fissionable material produced through the use of nuclear

material transferred pursuant to the Agreement and not used in or produced through

the use of equipment so transferred, such provisions shall in practice be applied to that

proportion of special fissionable material produced which represents the ratio of

transferred nuclear material used in the production of the special fissionable material

to the total amount of nuclear material so used and similarly for subsequent

generations. It is further confirmed that the parties will enter into discussions with

each other and with other governments with a view to developing formulations which

will reflect the relative contributions of special fissionable material and other nuclear


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ma ter ial to th e production of special fissiona ble mat erial.

5. With reference to the provisions of Articles 3, 4, 5, 6, 7 and 9 of the Agreement, it isconfirmed that the said provisions of the Agreement shall be implemented in such a

man ner as t o avoid ham pering, delay or u ndue int erference in t he n uclear a ctivities in

the two countries and so as to be consistent with prudent management practices

required for the economic and safe conduct of their nuclear programs. It is further

confirmed that the provisions of the Agreement shall not be utilized for the purpose of

seeking commercial or industrial advantages, for the purpose of interfering with the

nu clear policy of either par ty or th e comm ercial or indus tr ial int erest s of either par ty or

its a ut horized persons or for t he pu rpose of hin dering t he pr omotion of th e peaceful us es

of nu clear ener gy.

6. With reference to Article 7 of the Agreement, it is confirmed that the physical

protection m easu res a s applied in th e two countr ies are at or beyond levels required by

th e said Art icle with due regar d for the r ecommen dat ions cont ained in t he docum ent of

the International Atomic Energy Agency (hereinafter referred to as "the Agency")

INF ClRC/225/Rev. 1 an d ar e th erefore a dequat e.

7. With reference to Art icle 8 of th e Agreement , it is confirmed th at peaceful pu rposes do

not include use for any nuclear explosive device, or for research specifically on or

development of any nuclear explosive device, inasmuch as it is not possible to

differen tiat e between th e technology for nuclear weapons a nd t ha t for n uclear explosive

devices for peaceful pur poses,

8.

(a) With reference to the provisions of Article 9 of the Agreement, it is confirmed that

for the effective implementation of the said Article the parties shall exchange

annually the then current inventories of material, nuclear material, equipment and

components subject to the Agreement and, in case of the Government of the United

Stat es of America, nu clear m aterial su bstitut ed for such n uclear mat erial.

(b) With reference to para graph 1 of Art icle 9 of th e Agreemen t, it is confirmed t ha t

each party has established and will maintain in accordance with relevant laws and

regulat ions in force in each coun tr y a n at iona l system of account ing for a nd contr ol of

nu clear m at erial covering all nuclear ma ter ial subject t o th e Agreement .


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9. It is confirmed t ha t t he following measu res fulfill th e requirem ent s of sub-para grap h

(b) (ii) of par agr aph 1 of Article 9 of th e Agreem ent :

(a) Pursuant to the agreement referred to in sub-paragraph (b) of paragraph 2 of

Article 2 of the Agreement, the Government of the United States of America has

undertaken to permit the Agency to apply safeguards on all nuclear material in all

facilities within its territorial jurisdiction, excluding only those associated with

activities with dir ect n at iona l secur ity significan ce.

(b) The Governm ent of th e Unit ed Sta tes of America sh all provide to the Governm ent

of Japan annually the list of facilities which are eligible for the application of

safeguard s by th e Agency an d th e list of facilities selected by th e Agency purs ua nt to

the agreement referred to in sub-paragraph (b) of paragraph 2 of Article 2 of the

Agreement an d its P rotocol.

(c) When n uclear ma ter ial is to be made su bject to th e Agreement an d is to be located

at facilities not selected by t he Agency for th e application of safeguar ds, th e par ties,

at th e request of either, shall mak e, through consulta tions a nd without delaying the

tra nsfer of such nuclear mat erial, mutu ally satisfactory ar ran gement s including, to

th e extent practicable, the su bstitut ion of nuclear mat erial of the same qua nt ity and

equivalent or higher isotopic content in t he fissiona ble isotopes at facilities which th e

Agency has selected for th e app licat ion of safeguar ds.

(d) When n uclear ma ter ial is to be made subject t o the Agreement an d is to be locat ed

at facilities not on th e list of facilities eligible for th e ap plicat ion of safegua rds by th e

Agency an d su bstit ut ion in accordan ce with sub-para graph (c) above is not pra cticable,

the parties, at the request of either, shall make, through consultations and without

delaying the transfer of such nuclear material, mutually satisfactory arrangements

including, to the extent practicable, the substitution of nuclear material of the same

quantity and equivalent or higher isotopic content in the fissionable isotopes at

facilities eligible, but n ot selected by th e Agency, for th e app licat ion of sa fegua rds.

(e) The Govern ment of th e Unit ed Sta tes of America sh all provide to th e Governm ent

of Japan and the Agency, as mutually arranged, a report by facility on an annual

basis of invent ories, shipm ent s an d receipts of nu clear m at erial su bject t o Art icle 9 of


21/48

th e Agreement th at is locat ed at facilities eligible for t he a pplicat ion of safeguar ds by

the Agency.

(f) The parties shall consult, at the request of either, concerning any of the reports

provided under sub-paragraph (e) above, and shall take appropriate measures for

resolving an y questions concernin g such reports .

10 .

(a) With reference to paragraph 2 of Article 9 of the Agreement, it is confirmed that

the safeguards arrangements referred to therein shall include the following

characteristics in accordance with the safeguards principles and procedures of the

Agency:

(i) the review in a timely fashion of the design of any equipment transferred

pursuant to the Agreement, or of any facility which is to use, fabricate, process or

store any nuclear ma terial subject t o th e said paragraph ;

(ii) th e main ten an ce an d production of operat ing records a nd of relevant reports for

the purpose of assisting in ensuring accountability for nuclear material subject to

the said paragraph; and

(iii) the designat ion of personnel accepta ble to th e sa feguar ded pa rt y, accompanied

if either party so requests by personnel designated by the safeguarded party. These

personnel shall have access to all places and data, and any equipment or facility

referred to in sub-paragraph (a) (i) necessary to account for the nuclear material

referred to in sub-paragraph (a) (i) and shall be permitted to use devices in

connection with the performance of inspections and to make such independent

measurements as may be deemed necessary by the safeguarded party and the

Agency (or, where applicable, the safeguarding party) to account for such nuclear

material. The safeguarded party shall not unreasonably withhold acceptance of

such personnel designated by the Agency or the safeguarding party. The personnel

designated by the Agency (or, where applicable, the safeguarding party) shall not,

except pursuant to their responsibilities to the Agency (or, where applicable, the

safeguarding party), disclose any industrial or other confidential information

coming to their knowledge by reason of their official duties.


22/48

(b) With reference to para graph 2 of Art icle 9 of th e Agreement , it is furt her confirmed

th at th e simultan eous a pplication of safeguards by t he Agency and by t he other par tyis not intended; the parties shall as necessary consult with a view to avoiding the

simultaneous application of safeguards, and if such an exceptional situation should

occur, the parties shall consult with the Agency with a view to removing the

simult an eous ap plicat ion of safeguards .

11. With reference t o sub-para graph (b) of para graph 1 of Art icle 12 of th e Agreement , it

is confirmed that while a party's safeguards agreement with the Agency referred to in

par agra ph 2 of Article 2 of the Agreemen t r emain s in force the r eference to termin at ion

of "a sa feguar ds agreemen t with th e Agency" sha ll not a pply to th at par ty.

12. With reference to para graph 2 of Art icle 13 of th e Agreement , it is confirmed t ha t:

(a) in order to facilita te t he a pplicat ion of the pr ovisions of th e Agreemen t to nu clear

material and equipment subject to the previous Agreement, the parties shall

esta blish a list of such item s;

(b) items transferred pursuant to the previous Agreement not included on the list

established pursuant to sub-paragraph (a) above will not be used for any nuclear

explosive device, for research specifically on or development of any nuclear explosive

device or for any military purpose, and will not be transferred beyond the territorial

jurisdiction of either party without the agreement of the other party. Special

fissionable material used in or produced through the use of such items will not be

used for any nuclear explosive device, for research specifically on or development of

any nuclear explosive device or for any military purpose, and will be subject to

safeguard s in accordance with t he relevant agreemen ts with th e Agency referred to in

Pa ra graph 2 of Art icle 2 of the Agreement ; and

(c) the parties are satisfied with the manner in which the guarantees specified in

sub-para graph (b) above ha ve been implement ed und er th e previous Agreement .

13. With r eference to Art icle 14 of th e Agreement , it is confirmed t ha t t he pa rt ies shall

consult, at the request of either, on matters related to the application of physical

protection mea sur es and s afegua rds a s referred to in Art icles 7 and 9 of th e Agreement


23/48

respectively.

FOR THE GOVERNME NT OF FOR THE GOVERNME NT OF

J APAN: THE UNITE D STATES

OF AMERI CA:

Tadash i Kur an ar i Micha el J , Mans field


24/48

Implementing Agreement

Between t he Governm ent of Japa nand th e Governm ent of

th e Unit ed Sta tes of America

Pur suan t to Art icle 11

of Their Agreem ent for

Cooperation Concernin g

Peaceful Uses of Nuclear E ner gy

WHEREAS the Government of Japan and the Government of the United States of

America (hereina fter referred t o as "th e par ties") signed th e Agreement for Cooperat ion

Concerning P eaceful U ses of Nuclear E ner gy on N ovember 4, 1987 (herein after r eferr ed

to as "th e Agreem ent for Cooper at ion");

WHEREAS Article 3 of the Agreement for Cooperation provides requirements for the

stora ge of cert ain special fissiona ble mat erial;


tr ansfer of certain nuclear mat erial;


reprocessing of certain nuclear material and for the alteration in form or content of

cert ain s pecial fissiona ble mat erial;

WHERE AS Art icle 11 of th e Agreemen t for Coopera tion pr ovides th at to facilita te t he

peaceful u ses of nu clear en ergy, the pa rt ies sha ll make, consist ent with th e objective of

preventing nu clear pr oliferation an d with their respective nat ional security interests,

and perform in good faith separat e arra ngements whereby the requirements for m utu al

agreement set forth in Articles 3, 4 and 5 will be satisfied on a long-term, predictable

and reliable basis;

The p ar ties, in fulfillment of Article 11 of the Agreement for Coopera tion, ha ve agreed

as follows:


25/48

Art icle 1

1.(a) The parties hereby agree pursuant to Articles 3, 4 and5 of the Agreement for

Cooperation to the following activities:

(i) reprocessing or alteration in form or content in the facilities within the

ter ritorial jurisdiction of either par ty which are listed in Ann ex 1;

(ii) storage in the facilities within the territorial jurisdiction of either party which

ar e listed in Ann ex 1 or 2; and

(iii) tran sfer beyond t he t err itorial jurisdiction of either par ty of irra diat ed nu clear

mat erial, except irr adiated high enr iched u ran ium a nd ura nium-233, from facilities

listed in Annex 1, 2 or 3 t o facilities listed in Annex 1.

(b) The pa rt ies hereby agree pu rsu an t t o Art icle 4 of the Agreement for Coopera tion to

the transfer beyond the territorial jurisdiction of either party of unirradiated source

material and low enriched uranium to third countries designated in writing by the

part ies but n ot for the production of high enriched u ran ium.

2.

(a) The parties hereby agree pursuant to Articles 3 and 5 of the Agreement for

Cooperation to the following activities within each calendar year in each of the

facilities within the territorial jurisdiction of either party designated in accordance

with pr ocedures a greed to by the par ties:

(i) alteration in form or content of plutonium, uranium-233 and high enriched

uranium in an aggregate quantity not to exceed 1 effective kilogram of these

nuclear materials and of irradiated nuclear material containing plutonium,

uranium-233 or high enriched uranium in an aggregate quantity not to exceed 1

effective kilogra m of these n uclear m at erials;

(ii) storage of plutonium and uranium-233 (except as contained in irradiated fuel

elements) and high enriched uranium in an aggregate quantity not to exceed 5

effective kilogram s of th ese nu clear ma ter ials; and


26/48

(iii) reprocessing of irradiated nuclear material containing plutonium or

uranium-233 in an aggregate quantity not to exceed 500 grams of these nuclearmaterials.

(b) The pa rt ies hereby agree pu rsu an t t o Art icle 4 of the Agreement for Coopera tion to

the transfer within each calendar year of unirradiated nuclear material containing

plut onium in qua nt ities not to exceed 500 gram s to each facility designat ed in writing

by the pa rt ies with in th e terr itorial jurisdiction of a t hird count ry for irradiation an d

for its subsequent return to the territorial jurisdiction of the transferring party for

testing an d an alysis. The tran sfer of unirr adiated nu clear mat erial shall take place in

qua nt ities not to exceed 500 grams of conta ined plutonium per sh ipment .

3.

(a) Each pa rt y sha ll keep the govern men t of a t hird count ry inform ed of th e facilities

within the territorial jurisdiction of that government which are listed in Annex 1 or

which are designated pursuant to sub-paragraph (b) of paragraph 2 of this Article.

Each party shall give the government of the third country its consent if required

under its agreement with th at government t o:

(i) reprocessing, alteration in form or content and storage (in the case of facilities

listed in Annex 1) and irradiation (in the case of facilities designated pursuant to

sub-para graph (b) of. para graph 2);

(ii) return of the nuclear material concerned (except recovered plutonium) to the

ter ritorial jurisdiction of th e oth er par ty; and

(iii) retu rn of th e recovered plut onium concerned in qua nt ities of two kilogram s or

more per shipment to the territorial jurisdiction of the other party in accordance

with the following procedure: prior to each shipment the receiving party will

provide the other party a written notification which shall include a statement

advising that the measures arranged for the international transport are in

accordance with the guidelines set forth in Annex 5 and a description of such

measures.

(b) When th e procedur e set fort h in sub- pa ra gra ph (a) (iii) above is not to be followed,


27/48

the return of the recovered plutonium may only take place upon consent of the

non-receiving party under the applicable agreement.

4. Sub-paragraph (a) of paragraph 1 and paragraphs 2 and 3 above shall apply only

where the recovered plutonium concerned is or will be located in a facility listed in

Annex 1 or 2 or designated pursuant to paragraph 2 of this Article, unless otherwise

accepted in writ ing by th e part ies.

5. The additional procedural conditions for this Implementing Agreement are set forth

in t he Agreed Minut es to t his Implementing Agreement.

Art icle 21. Ann exes 1, 2, 3 and 4 of th is Implemen tin g Agreement ma y be modified in a ccordan ce

with the procedures set forth in this Article and Annex 5 of this Implementing

Agreement may be modified by agreement of the parties, without amendment of this

Implementing Agreement .

2. Unless oth erwise agreed by the par ties, either pa rt y may add t o or delete from Ann ex

1, 2, 3 or 4 a facility within its t errit orial jur isdiction only after n otifying the other par ty

in writing in accordance with the provisions of this Article and receiving a written

acknowledgment which sha ll be limited to a st at ement t hat such notification ha s been

received. Such acknowledgment sha ll be given no lat er th an t hirt y days after th e receipt

of the notification.

(a) For an addition to Annex 1 or 2 of a facility listed-in Annex 3 or 4, the notification

shall cont ain;

(i) the name of the owner or operator of the facility, the facility name and the

existin g or plan ned capacity:

(ii) th e facility locat ion, t he t ype of nuclear m at erial involved, th e appr oximat e dat e

of' introduction of such nuclear material into the facility and the type of activity;

and

(iii) a statement that a relevant safeguards arrangement (namely, a facility


28/48

at ta chment or, in the case of ad h oc inspection, an a rr an gement t her efore) has been

agreed upon with the International Atomic Energy Agency (hereinafter referred to

as "the Agency") and that physical protection measures as required by Article 7 ofth e Agreement for Coopera tion will be main ta ined;

(b) In addition to the information specified in sub-paragraph (a) above, the

notification sh all cont ain th e following inform at ion:

(i) For an addition to Annex 1 of a facility listed in Annex 4, except where

sub-paragraph (b) (ii) is applicable, a statement affirming that the safeguards

arr angement is in accordan ce with t he relevant safeguards concept t hat has been

agreed upon between t he par ties an d a description of th e key element s conta ined in

the safeguards arrangement.

(ii) For an addition to Annex 1 of a facility listed in Annex 4, when safeguards

applicable to that facility are already being applied at an Annex 1 facility within

the territorial jurisdiction of the notifying party, a statement affirming that the

safeguards arrangement will be in all significant respects the same as that being

applied at th e corresponding facility listed in Ann ex 1 and a description of th e key

elements cont ained in the sa feguards ar ran gement.

(c) To delete a facility from Annex 1, 2, 3 or 4 or to add a facility to Annex 3 or 4 the

notificat ion sh all cont ain t he facility na me an d oth er relevant inform at ion ava ilable.

3. A facility within th e terr itorial jurisdiction of th e governm ent of a t hird count ry ma y

be added t o or deleted from Annex 1 by agreement of the par ties.

4.

(a) When circumstances so require, the parties shall seek to develop as soon as

possible a safeguards concept for a facility which is or will be listed in Annex 4 to

avoid delaying its opera tion.

(b) When t he Agency can not adm inister safeguar ds in accorda nce with th e safegua rds

concept t hat has been a greed upon between th e part ies with respect t o a facility th en

listed in Annex 4, the parties shall make every effort to ensure that this does not

delay the operation of the facility For this purpose consultations shall take place


29/48

between the parties or between either party and the Agency. The facility shall be

added to Annex 1 pursuant to sub-paragraph (a) of paragraph 2 above on a

provisional basis provided tha t t he par ties are sat isfied that adequat e safeguards ofthe Agency will be applied in the interim. The parties shall make every effort to

modify, as m ay be n ecessar y, th e relevant safeguard s concept t o enable th e Agency to

administer safeguards in a ccordan ce th erewith .

Art icle 31. This Implementing Agreement shall enter into force at the same time as the

Agreement for Cooperation and shall remain in force in accordance with Article 11 of

th e Agreement for Cooperation for t he sa me dur ation. The part ies shall, at t he r equest

of either of them, consult with each other whether to amend this Implementing

Agreement or to replace it with a new agreement.

2. Either party may suspend the agreement it has given in Article 1 of this

Implementing Agreement in whole or in part to prevent a significant increase in the

risk of nuclear proliferation or in the threat to its national security caused by

exceptional cases such as a material breach by the other party of the Treaty on the

Non-Proliferation of Nuclear Weapons or withdrawal there from, or a material breach

by the other party of its safeguards agreement with the Agency, of this Implementing

Agreemen t or of the Agreemen t for Coopera tion. Any d ecision on su ch suspen sion would

only be taken in the most extreme circumstances of exceptional concern from a

non-proliferat ion or n at iona l secur ity point of view, would be t ak en a t t he h ighest levels

of government, and would be applied only to the minimum extent and for the minimum

period of time necessary to deal in a manner acceptable to the parties with the

exceptional case.

3. During t he period of suspension th e par ties ma y agree on a case-by-case basis to th e

activities specified in Art icle 1 of th is Implemen ting Agreemen t. P rior to an y susp ension

the parties shall consult with each other to determine the facts of the matter and to

discuss to what extent, if at all, a suspension is necessary. The suspending party shall

carefully consider the economic effects of such suspension and shall seek to the

maximum extent possible to avoid the disru ption of inter nat ional n uclear t rade a nd t he

fuel cycle operations under this Implementing Agreement. The parties may agree in


30/48

accordance with Article 14 of the Agreement for Cooperation to refer any of these

questions to a third party for resolution.

4. The suspending party shall keep under constant review the development of the

situation which caused the suspension and shall withdraw the suspension as soon as

warra nted Th e part ies shall, at th e request of either of th em, consult with each other

immediately to determine whether there is a basis for the withdrawal of such

suspension.

DONE at Tokyo, this fourth day of November, 1987, in duplicate in the English

language.

FOR THE GOVERNMENT OF J APAN:

Tadashi Kuranar i

FOR TKE GOVERNMEN T OF TH E U NITED STATES OF AMERICA:

Micha el J . Mansfield


31/48

Annex 1. Fa cilities for repr ocessing, alt erat ion in form or

conten t an d storage

1. Reprocessing Facilities

Na me of owner

or opera torFa cility na me Capacity Location

Power Reactor an d

Nuclear F uel

Developmen t Corporat ion

Power Reactor an d

Nuclear F uel


British Nu clear Fuels Pu blic

Limited Company

Compa gne Gnrale des

Matires Nuclaires

Tokai Repr ocessin g

Plant

Chemical Pr ocessing

Facility

Sellafield Plan t

La Hague Plant

210 t/year

7.2 kgs of FBR

spent fuel/year

1,200 t/year

1,600 t/year

Ibaraki

Ibaraki

U.K.

France

2. Plut onium Conversion F acilities

Na me of owner


Power Reactor an d

Nuclear F uel


Tokai Plut onium

Conversion

Development Fa cility

10 kgs MOX/day Ibar aki

3. Plutonium Fuel Fabrication Facilities

Na me of owner


Power Reactor and Nuclear

Fu el Developmen t Corporat ion

Tokai Plut onium

Fuel Fabrication

Facility (PFFF)

11 t MOX/ year Ibar aki


32/48

4. Independent Plutonium Storage Facilities

NIL

5. Other F acilities

NIL

Annex 2. Additional F acilities wher e plut onium is locat ed

1. ATR/Heavy Water-Moder at ed, Light Wat er-Cooled

Na me of owner




Fu gen 165 MWe Fu ku i

2. FBR/Sodium-Cooled

Na me of owner




J oyo 100 MWt Ibar ak i

3. LWRs

Na me of owner


Kansai Electric Power Co., Inc.

J apa n Atomic Power Compa ny

Miham a Stat ion(1)

Tsuru ga Stat ion(1)

340 MWe

357 MWe

Fukui

Fukui


33/48

4. Other Fa cilities

Critical Assemblies

Na me of owneror opera tor

Fa cility na me Capacity Location

Japan Atomic Energy

Research Institute

Japan Atomic Energy

Research Institute



Tan k Type

Critical

Assembly (TCA)

Fast

Critical

Assembly (FCA)

Deuterium

Critical

Assembly (DCA)

200 Wt

2,000 Wt

1,000 Wt

Ibaraki

Ibaraki

Ibaraki

Annex 3. Additional Fa cilities relevant to Art icle 1

of th is Implement ing Agreement

1. LWRs an d GCR

Na me of owner

or opera tor

Facility name

(Unit nu mber)

Reactor

typeCapacity Location




Tohoku E lectric Power Co., In c.

Tokyo Electric Power Co., Inc.


Tokai St at ion

Tokai No.2 Sta tion

Tsuru ga Sta tion (2)

Onaga wa Stat ion (1)

Fuk ushima No.1 Stat ion (1)


GCR

BWR

PWR

BWR

BWR

BWR

166 MWe

1,100 MWe

1,160 MWe

524 MWe

460 MWe

784 MWe

Ibaraki

Ibaraki

Fukui

Miyagi

Fukushima

Fukushima


34/48










Chu bu E lectric Power Co., Inc.



Kan sai E lectric Power Co., Inc.














Kashiwazaki-Kariwa Station (1)

Hamaoka Station (1)

Hamaoka Station (2)

Hamaoka Station (3)

Mihama St ation (2)

Mihama St ation (3)

Takaha ma Station (1)




BWR

BWR

BWR

BWR

BWR

BWR

BWR

BWR

BWR

BWR

BWR

BWR

PWR

PWR

PWR

PWR

PWR

PWR

784 MWe

784 MWe

784 MWe

1,100 MWe

1,100 MWe

1,100 MWe

1,100 MWe

1,100 MWe

1,100 MWe

540 MWe

840 MWe

1,100 MWe

500 MWe

826 MWe

826 MWe

826 MWe

870 MWe

870 MWe

Fukushima

Fukushima

Fukushima

Fukushima

Fukushima

Fukushima

Fukushima

Fukushima

Niigata

Shizuoka

Shizuoka

Shizuoka

Fukui

Fukui

Fukui

Fukui

Fukui

Fukui


35/48



Chu goku Electric Power Co., Inc.

Shik oku Electr ic Power Co., Inc.


Kyush u E lectric Power Co., Inc.




Japan Atomic Energy Research

Institute

Ohi Sta tion (1)

Ohi Sta tion (2)

Shima ne Stat ion (1)

Ikata Station (1)

Ikata Station (2)

Genka i Station (1)

Genka i Station (2)

Sendai Sta tion (1)

Sendai Sta tion (2)

Mutsu*

PWR

PWR

BWR

PWR

PWR

PWR

PWR

PWR

PWR

PWR

1,175 MWe

1,175 MWe

460 MWe

566 MWe

566 MWe

559 MWe

559 MWe

890 MWe

890 MWe

36 MWt

Fukui

Fukui

Shimane

Ehime

Ehime

Saga

Saga

Kagoshima

Kagoshima


NIL

* Mutsu will not be a dded t o Ann ex 2


36/48

Annex 4. Facilities which are planned or under construction within the territorial

jurisdiction of either party and which are intended to be added to Annex 1,2

or 3 when so needed

1. Reprocessing Facilities

Na me of owner


Japan Nuclear Fuel Service

Co., Ltd .

Rokkasho Commercial

Reprocessing Facility

800 t/year Aomori

2. Plut onium Conversion F acilities

NIL

3. Plutonium Fuel Fabrication Facilities

Na me of owner




Tokai Plutonium Fuel

Production Facility

(PFPF)

45t MOX/year Ibar aki

4. Independent Plutonium Storage Facilities

NIL

5. Reactors

(a) ATR/Heavy Wat er-Moder at ed, Ligh t Wat er-Cooled

Na me of owner


Electric Power Development

Co., Ltd .

Ohm a 606 MWe Aomori


37/48

(b) FBR/Sodium-Cooled

Na me of owneror opera tor

Fa cility na me Capacity Location



Monju 280 MWe Fu ku i

(c) LWRs

Na me of owner

or opera tor

Facility na me

(Unit nu mber)

Reactor

typeCapacity Location

Hokka ido Electric Power Co., Inc.

Hokka ido Electric Power Co., Inc.








Hokuriku Electric Power Co., Inc.



Tomari Station (1)

Tomari Station (2)

Maki Sta tion (1)

Onagawa St ation (2)

Kashiwazaki-Kariwa

Stat ion (2)

Kashiwazaki-Kariwa

Stat ion (3)

Kashiwazaki-Kariwa

Stat ion (4)

Kashiwazaki-Kariwa

Stat ion (5)

Hama oka Station (4)

Noto Station (1)

Ohi Sta tion (3)

Ohi Sta tion (4)

PWR

PWR

BWR

BWR

BWR

BWR

BWR

BWR

BWR

BWR

PWR

PWR

579

579

825

825

1,100

1,100

1,100

1,100

1,137

540

1,180

1180

Hokkaido

Hokkaido

Niigata

Miyagi

Niigata

Niigata

Niigata

Niigata

Shizuoka

Ishikawa

Fukui

Fukui


38/48

Chugoku Electric Power Co., Inc.




Shiman e Station (2)

Ikata Station (3)

Genkai Sta tion (3)

Genkai Sta tion (4)

BWR

PWR

PWR

PWR

820

890

1,180

1,180

Shimane

Ehime

Saga

Saga


Na me of owner


Japan Atomic Energy

Research Institute

Power Reactor and

Nuclear Fuel

Development

Corporation

Nuclear Fuel Cycle Safety

Engineering Research Facility

(NUCEF)

FBR F uel Recycling Pilot P lant

Ibaraki

Ibaraki


39/48

Annex 5.Guidelines for t he In ter na tional Tra nsport at ion of Recovered Plut onium

1. Transportation will be carried out by dedicated cargo aircraft from an airport in the

United Kingdom or France to an airport in Japan via the polar route or another route

selected t o avoid ar eas of nat ur al disa ster or civil disorder.

2. Prior to each shipment a transportation plan will be prepared to document the

specific: arrangements to be implemented for a particular shipment. The plan will be

established thr ough coordinat ion among th e sender, recipient and carr ier, and with t he

cooperation and assistance of the parties, the transferring government and the

countries enroute, which will be secured in advance through appropriate liaison and

consultation with relevant authorities. The transportation plan will include the

following measures.

(a) The shipment will be accompanied by armed escorts, independent of the aircrew,

responsible for maintaining constant surveillance of the cargo and for its protection,

acting in a ccordan ce with t he laws a nd r egulations of each coun tr y concerned.

(b) Determinations of trustworthiness will be made for individuals having key

responsibilities for the shipment, such as the aircrew, the escorts and the ground

personn el in t he operations cent er.

(c) At all airports isolation of the aircraft will be ensured to the maximum extent

feasible by controlling access to the aircraft, with the cooperation of relevant

au th orities including police or by use of other a rm ed personnel t o protect again st t heft

or sabotage.

(d) Shipment cask s will be designed a nd certified to main ta in th eir integrit y even in a

crash of the aircraft, and these casks will be stowed in locked or sealed containers

which impede access to the nuclear material by unauthorized persons. Individual

tra nsport conta iners will be equipped with tr ansponders or tr ansm itters t o facilitat e

locat ion in t he event of a cras h.

(e) The aircraft will be equipped with a reliable communications system, utilizing

advanced technology as practical, independent of standard civil aviation


40/48

commun icat ions equ ipment , which will include th e capa bility

(i) to transmit location and identification information automatically from theaircraft to the operations center, and (ii) for communications between the

escorts a nd t he operat ions center, independent of th e aircrew.

(f) An operations center will be established with responsibility for continuous

monitoring, consistent with the advanced technology available, of the location and

status of the aircraft from departure to arrival. Channels of communication will be

established between the operations center and points of contact within response

aut horities of the pa rties, the tr ansferring governm ent a nd t he count ries enroute.

(g) Detailed contingency plans will be established in advance. These plans will

identify possible emergency situations and the actions to be taken in such situations

by the aircrew, the escorts and the operations center personnel. The plans will

identify the points of contact within and the demarcation of responsibilities among

th e response au th orities of the part ies, th e tra nsferring governm ent a nd t he coun tries

enroute.

(h) Confirmation will be obtained from each response authority that necessary

specific plans have been prepared, through consultation as appropriate with other

response au th orities and close contact with t he sender, recipient a nd carrier t o ensu re

effective implement at ion of th e security m easu res described a bove.


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AGREED MINUTES

In connection with t he Implementing Agreement Between t he Government of Ja panand the Government of the United States of America Pursuant to Article 11 of Their

Agreement for Cooperation Concerning Peaceful Uses of Nuclear Energy, signed at

Tokyo today (hereinafter referred to as "the Implementing Agreement"), the

undersigned hereby record the following understandings:

1.

(a) it is confirmed that each party will provide the other party with information

regar ding activities specified in Art icle 1 of th e Implemen tin g Agreement , includin g

notification of each international transfer prior to shipment or as soon thereafter as

possible.

(b) It is confirmed that prior to the shipment of nuclear material referred to in

sub-paragraph (a)(iii) and sub-paragraph (b) of paragraph 1 and sub-paragraph (b) of

paragraph 2 of Article 1 of the Implementing Agreement, the transferring party will

provide a written notification to the government of the third country concerned that

th e nuclear ma terial is being tran sferred pursu ant to the Implementing Agreement.

(c) With reference to sub-paragraph (a) (iii) of paragraph 3 of Article 1 of the

Implementing Agreement, it is confirmed that, following a written notification as

provided for in t he sa id par agra ph, th e notifying part y will, prior to shipmen t, provide

a written notification to the government of the third country concerned that such a

notificat ion ha s been completed.

2. It is confirmed t ha t t he a greement in su b-par agra ph (a)(iii) of paragr aph 1 of Art icle 1

of the Implementing Agreement is given on the condition that the nuclear material

concerned upon transfer will be subject to an agreement for cooperation between the

non-transferring party and the government of the third country. It is further confirmed

by the tr ansferring party t hat procedures will be in effect t o ensur e tha t while in tha t

th ird coun tr y the plu tonium recovered th rough r eprocessing will be locat ed at a facility

listed in Annex 1 unless otherwise agreed by the parties. It is also confirmed that

uranium recovered through reprocessing as envisaged in sub-paragraph (a) (iii) of

paragraph 1 of Article 1 of the Implementing Agreement may thereafter be enriched to

less than twenty percent in th e th ird count ry. It is also confirmed t hat , with respect t o


42/48

paragraph 3 of Article 1 of the Implementing Agreement, upon its return to the

territorial jurisdiction of the transferring party the nuclear material concerned will be

subject to the Agreement for Cooperation Between the Government of Japan and theGovernment of the United States of America Concerning Peaceful Uses of Nuclear

Energy, signed at Tokyo today (hereinafter referred to as "the Agreement for

Cooperation").

3. It is confirmed that the agreement in sub- paragraph (b) of paragraph 1 and

sub-paragraph (b) of paragraph 2 of Article 1 of the Implementing Agreement is given

on the condit ion t ha t t he nu clear ma ter ial concern ed upon tr an sfer will be subject t o an

agreement for cooperation between th e non-transferring part y and th e government of

the third country. It is further confirmed that the nuclear material concerned will be

subject t o th e Agreement for Coopera tion upon its r etu rn to th e terr itorial jurisdiction of

th e tran sferring party.

4. With reference to Art icle 2 of the Im plement ing Agreement , it is confirmed:

(a) th at a chan ge in corpora te n am es an d other form s of identificat ion of a facility in

Annex 1, 2, 3 or 4, or a change in capacity of a facility in Annex 1 which does not call

for essential changes in the safeguards arrangements, may be reflected by

modificat ion of th e relevant Ann exes th rough an excha nge of Notes Verbale;

(b) that the parties shall endeavor, as necessary, to enable the Agency to adopt the

safeguards concepts that have been agreed upon between the parties and apply

safeguards in accordance therewith; and

(c) that, when the need arises for modifying such safeguards concepts, the parties

shall promptly consult to modify them by mutual agreement.

5. With reference to sub-par agra ph (a) of para graph 2 of Art icle 2 of the Imp lement ing

Agreement, it is confirmed that, although the Agreement for Cooperation does not

require mutual agreement of the parties for irradiation of nuclear material, the

following arrangements will apply in order to facilitate the application of the

Implemen ting Agreement : For a n a ddition to Annex 2 of

(a) a facility for t he ir ra diat ion of plu toniu m list ed in section 5 (b) of Annex 4, or


43/48

(b) a r eactor wh ich is n ot of th e design of an LWR or ATR listed in Ann ex 2 and whose

design features require a safeguards approach different from that of any of thereactors listed in Ann ex 2,

the notification shall contain the following information in addition to the information

specified in sub-paragraph (a) of paragraph 2 of Article 2 of the Implementing

Agreement:

(i) a st at ement a ffirming tha t t he safeguar ds arr angement is in a ccordan ce with th e

relevant safegua rds concept accepted in writin g by th e part ies; an d

(ii) a description of th e key elements cont ained in t he safeguar ds ar ra ngement .

6. With reference to paragraph 2 of Article 2 of the Implementing Agreement, it is

confirmed that the procedures for an acknowledgment of notification referred to in the

said par agra ph will not be modified unless by agreemen t of th e part ies.

7. With reference to paragraph 2 of Article 3 of the Implementing Agreement, it is

confirmed th at should a significan t increase in t he risk of nu clear pr olifera tion or in t he

threat to the national security of the suspending party pertain solely to a particular

facility or a ctivity, th e agreem ent given in Art icle 1 of th e Implemen ting Agreemen t ma y

only be suspended for that facility or activity. It is further confirmed that actions of

governments of third countries or events beyond the territorial jurisdiction of a party

ma y not be invoked as grounds for suspen sion of th e agreemen t given in Article 1 of th e

Implementing Agreement to activities or facility operations within that party's

territorial jurisdiction unless due to such actions or events those activities or facility

operations would clearly result in a significant increase in the risk of nuclear

proliferat ion or in th e th reat to th e nat ional security of the suspending par ty.

8. It is confirmed t ha t sh ould eith er par ty need to conclude a long-term a rr an gement for

other transfers of nuclear material beyond its territorial jurisdiction to a facility in a

th ird coun tr y for th e perform an ce of fuel cycle services an d for su bsequent ret ur n t o the

territorial jurisdiction of the transferring party for use in its nuclear energy program,

the parties will consult for the purpose of arriving at a mutually satisfactory

arrangement consistent with the provisions of Article 11 of the Agreement for


44/48

Cooperation.

9. For the purposes of the Implementing Agreement the terms "the government of athird country" and "third country" may include the European Atomic Energy

Community, it being understood that the term "the European Atomic Energy

Commu nity" means th e legal person created by the Treaty establishing th e Eu ropean

Atomic Energy Community or the territories to which the said Treaty applies, where

applicable.

FOR THE GOVERNMEN T FOR THE GOVERNMEN T

OF J APAN: THE UNITE D STATES

OF AMERICA:

Tadash i Kuran ari Michael J .Mansfield


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(J apan ese Note)Washington, October 18, 1988

Excellency,

I have the honor to refer to paragraph 1 of Article 2 of the Implementing Agreement

Between th e Government of Ja pan and the Governm ent of the Un ited Stat es of America

Pu rsu an t t o Art icle 11 of Their Agreement for Coopera tion Concern ing Pea ceful Us es of

Nuclear Energy (hereinafter referred to as "the Implementing Agreement1"), and to

Annex 5 of the Implementing Agreement, entitled "Guidelines for the International

Trans porta tion of Recovered P lut onium . "

Pur suan t to paragra ph 1 of Article 2 of th e Implement ing Agreement , I have furth er

the honor to propose, on behalf of the Government of Japan, that Annex 5 of the

Implemen tin g Agreement be m odified a s follows:

"Before paragraph 1 of Annex 5 of the Implementing Agreement, "A. Air Shipment"

shall be inserted.

After sub-paragraph (h) of paragraph 2 of Annex 5 of the Implementing Agreement,

th e following sha ll be inserted.

"B. Sea Shipm ent

1. Transportation will be carried out by dedicated transport ship from a port in the

United Kingdom or France to a port in Japan via a route selected to avoid areas of

natural disaster or civil disorder and to ensure the security of the cargo and the

transport ship. The transport ship will not make scheduled port calls enroute.

Em ergency port calls will only be mad e in conform an ce with p rocedur es set fort h in th e

tr an sporta tion plan pr ovided for in para graph 2 below.

2. Prior t o each shipment a t ran sport ation plan document ing the specific arr angements

to be implemented for the shipment will be prepared to assure, inter alia, adequate

physical protection of the nuclear material to be transported. The plan will be

established through coordination among the sender, recipient, and carrier, and with the

coopera tion an d assist an ce of th e part ies, th e tra nsferrin g govern ment an d, if necessary,

any other government, which will be secured in advance through appropriate liaison


46/48

and consultation with relevant authorities. The transportation plan will include the

following measures.

(a)

(i) Escort s, arm ed an d equipped, and in dependen t of th e tra nsport ship crew, will be

aboard t he tr an sport sh ip. The on-boar d escorts will be responsible for maint ainin g

consta nt sur veillance of th e cargo and for its pr otection, acting in accordan ce with

th e laws an d regula tions of each coun tr y concerned.

(ii) The tr an sport sh ip will be escort ed from depar tu re t o ar rival by an ar med escort

vessel unless alterna tive security measu res, document ed in the t ran sporta tion plan ,

effectively compensate for any absence of an armed escort vessel.

(b) Determinations of trustworthiness will be made for individuals having key

responsibilities for the shipm ent , such as t he tr an sport sh ip crew, the escorts on boar d

th e tra nsport ship an d the personnel in t he operat ions center.

(c) At all ports access t o the t ra nsport ship will be cont rolled with th e coopera tion of

relevant authorities including police or by use of other armed personnel to protect

against th eft or sa botage.

(d) Measu res will be taken to impede removal of the cargo at sea , including r enderin g

inoperable the hatch removal mechanisms and the on-board derricks or cranes.

Shipment casks or transport containers will be locked and sealed in order to impede

access to the nuclear material by unauthorized persons. Individual shipment casks or

tra nsport conta iners will be equipped with tr ansponders or tr ansm itters t o facilitat e

locat ion in th e event of an accident .

(e) The transport ship will be equipped with a reliable communications system,

utilizing advanced technology as practical, independent of standard navigation

communications equipment, which will include the capability (i) for secure

transmission of transport ship location and cargo status information automatically

from the transport ship to the operations center, and (ii) for separate and secure

commun icat ions bet ween the on-boar d escorts an d th e opera tions cent er, independen t

of th e tr an sport sh ip crew.


47/48

(f) An operations center will be established with responsibility for continuous

monitoring, consistent with the advanced technology available, of the transport ship

location and cargo status from departure to arrival. Channels of communication willbe established between the operations center and points of contact within the

response aut horities designat ed in the tr ansporta tion plan.

(g) Detailed contingency plans will be established in advance. These plans will

identify possible emergency situations and the actions to be taken in such situations

by the tr an sport sh ip crew, the on-boar d escorts, an y escort vessel, an d th e opera tions

center personnel. The plans will identify the points of contact within and the

demarcation of responsibilities among the response authorities designated in the

tran sportat ion plan.

(h) Confirmation will be obtained from each designated response authority that

necessary specific plans have been prepared, through consultation as appropriate

with other response authorities, and close contact with the sender, recipient and

car rier t o ensu re effective implement at ion of th e secur ity meas ur es described above.

I ha ve fur th er th e honor t o propose th at t he presen t Note an d Your Excellency's Note

in reply confirming acceptance of the foregoing proposal on behalf of the Government of

th e United Stat es of America shall be regarded a s constitu ting a n Agreement between

th e two Govern men ts , which will enter int o force on th e dat e of Your E xcellency's rep ly.

I a vail myself of this opportu nity t o renew t o Your E xcellency the assu ra nces of my

highest consideration.

(Signed) Nobuo Mat sun aga

Ambassador Extra ordinar y and

Plenipotent iary of J apan

His Excellency

George p. Shult z

The Secret ar y of Sta te


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(U.S. Note)Washington, October 18, 1988

Excellency,

I have the honor to acknowledge the receipt of Your Excellency's Note of today's date,

which reads as follows:

"(J apa nese N ote)"I h ave furt her th e honor to confirm t he a ccepta nce of the foregoing proposal on beh alf

of th e Governm ent of th e Unit ed Sta tes of America an d to agree t ha t Your E xcellency's

Note and this Note shall be regarded as constituting an Agreement between the two

Governm ent s, which will ent er int o force on t he da te of this reply.

Accept, Excellency, t he renewed assu ra nces of my highest considerat ion.

For th e Secreta ry of State

(Signed) Richa rd T. Kenn edy

His Excellency

Nobuo Matsun aga

Ambassador of Japa n

Documents

AGREEMENT FOR COOPERATION BETWEEN THE GOVERNMENT OP JAPAN AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA CONCERNING PEACEFUL USES OF NUCLEAR ENERGY