GUIDELINES FOR
NUCLEAR TRANSFERS
1.
The following fundamental principles for safeguards and export controls
should apply to nuclear
transfers for peaceful purposes to any non-nuclear-weapon State and, in
the case of controls on
retransfer, to transfers to any State. In this connection, suppliers have
de£med an export trigger list.
Prohibition
on nuclear explosives
2.
Suppliers should authorize transfer of items or related technology
identified in the trigger list only upon
formal governmental assurances from recipients explicitly excluding uses
which would result in any
nuclear explosive device.
Physical protection
3.
(a) All
nuclear materials and facilities identified by the agreed trigger list should be
placed under
effective
physical protection to prevent unauthorized use and handling. The levels of
physical
protection to
be ensured in relation to the type of materials, equipment and facilities, have
been
agreed by the
suppliers, taking account of intemational recommendations.
(b)
The implementation of measures of physical protection in the recipient
country is the
responsibility of the
Government of that country. However, in order to implement the terms
agreed upon amongst
suppliers, the levels of physical protection on which these measures have
to be based should be the subject of an agreement between supplier and
recipient.
(c)
In each case special arrangements should be made for a clear definition
of responsibilities for
the transport of trigger list items.
Safeguards
4.
(a)
Suppliers should transfer trigger list items or related technology to a
non-nuclear-weapon State
only
when the receiving State has brought into force an agreement with the IAEA
requiting the
application
of safeguards on all source and special fissionable material in its current and
future
peaceful
activities.
(b)
Transfers covered by paragraph 4 (a) to a non-nuclear-weapon State
without such a safeguards
agreement
should be authorized only in exceptional cases when they are deemed essential
for
the safe operation of existing facilities and if safeguards are applied
to those facilities.
Suppliers
should inform and, if appropriate, consult in the event that they intend to
authorize or
to deny such
transfers.
(c)
The policy referred to in paragraph 4 (a) and 4 (b) does not apply to
agreements or contracts
drawn
up on or prior to April 3, 1992. In case of countries that have adhered or will
adhere to
INFCIRC/254/Rev.
1/Part 1 later than April 3, 1992, the policy only applies to agreements (to
be) drawn up after their date of adherence.
(d)
Under agreements to which the policy referred to in paragraph 4 (a) does
not apply (see
paragraphs
4 (b) and (c)) suppliers should transfer trigger list items or related
technology only
when
covered by IAEA safeguards with duration and coverage provisions in conformity
with
IAEA
doc. GOV/1621. However, suppliers undertake to strive for the earliest possible
implementation
of the policy referred to in paragraph 4 (a) under such agreements.
(e)
Suppliers reserve the fight to apply additional conditions of supply as a
matter of national
policy.
5. Suppliers
will jointly reconsider their common safeguards requirements, whenever
appropriate.
Safeguards triggered by
the transfer of certain technology
6.
(a)
The requirements of paragraphs 2, 3 and 4 above should also apply to
facilities for
reprocessing,
enrichment, or heavy-water production, utilizing technology directly transferred
by the supplier or derived from transferred facilities, or major critical
components thereof.
(b)
The transfer of such facilities, or major critical components thereof, or
related technology,
should
require an undertaking (1) that IAEA safeguards apply to any facilities of the
same type
(i.e. if the design, construction or operating processes are based on the
same or similar physical
or chemical processes, as defined in the trigger list) constructed during
an agreed period in the
recipient
country and (2) that there should at all times be in effect a safeguards
agreement
permitting
the IAEA to apply Agency safeguards with respect to such facilities identified
by the
recipient,
or by the supplier in consultation with the recipient, as using transferred
technology.
Special controls on
sensitive exports
7.
Suppliers should exercise restraint in the transfer of sensitive
facilities, technology and weapons-usable
materials. If enrichment or repmcessing facilities, equipment or
technology are to be transferred,
suppliers should encourage recipients to accept, as an altemative to
national plants, supplier
involvement and/or other appropriate multinational participation in
resulting facilities. Suppliers
should also promote international (including IAEA) activities concemed
with multinational regional
fuel cycle centres.
Special controls on
export of enrichment facilities, equipment and technology
8.
For a transfer of an enrichment facility, or technology therefor, the
recipient nation should agree that
neither the transferred facility, nor any facility based on such
technology, will be designed or operated
for the production of greater than 20% enriched uranium without the
consent of the supplier nation, of
which the IAEA should be advised.
Controls on supplied
or derived weapons-usable material
9.
Suppliers recognize the importance, in order to advance the objectives of
these guidelines and to
provide opportunities further to reduce the risks of proliferation, of
including in agreements on supply
of nuclear materials or of facilities which produce weapons-usable
material, provisions calling for
mutual agreement between the supplier and the recipient on arrangements
for reprocessing, storage,
alteration, use, transfer or retransfer of any weapons-usable material
involved. Suppliers should
endeavor to include such provisions whenever appropriate and practicable.
Controls on retransfer
10.
(a) Suppliers should transfer
trigger list items or related technology, including technology defined
under paragraph 6, only upon file recipient's assurance that in the case
of:
(1) transfer of such items or related technology, or
(2) transfer of trigger list items
derived from facilities originally transferred by the supplier,
or with the help of equipment or
technology originally transferred by the supplier.
(3) the recipient of the retransfer or transfer will
have provided the same assurances as those
required
by the supplier for the original transfer.