International Atomic Energy Agency
(Unofficial electronic edition)
Original: ARABIC, ENGLISH
Agreement of 30 March 1996 Between the People's Democratic Republic of Algeria and the International Atomic Energy Agency for the Application of Safeguards in Connection with the Treaty on the Non-Proliferation of Nuclear Weapons
INFCIRC/531 [533 kb]
- The text1/ of the Agreement between the People's Democratic Republic of Algeria and
the International Atomic Energy Agency for the application of safeguards in connection with
the Treaty on the Non-Proliferation of Nuclear Weapons is reproduced in this document for
the information of all Members. The Agreement was approved by the Agency's Board of
Governors on 19 March 1996 and signed in Algiers on 30 March 1996.
- The Agreement entered into force, pursuant to Article 26, on 7 January 1997.
Agreement of 30 March 1996 Between the People's Democratic Republic of Algeria and the International Atomic Energy Agency for the Application of Safeguards in Connection with the Treaty on the Non-Proliferation of Nuclear Weapons
WHEREAS the People's Democratic Republic of Algeria (hereinafter referred to as "Algeria") is a party to the Treaty on the Non-Proliferation of Nuclear Weapons2/ (hereinafter referred to as "the Treaty") opened for signature at London, Moscow and Washington on 1 July 1968 and which entered into force on 5 March 1970;
WHEREAS Article IV. 1 of the Treaty provides that nothing in the Treaty shall be interpreted as affecting the inalienable right of all the Parties to the Treaty to develop research, production and use of nuclear energy for peaceful purposes without discrimination and in conformity with Article I and II of the Treaty;
WHEREAS Article IV.2 of the Treaty provides that all the Parties to the Treaty undertake to facilitate, and have the right to participate in, the fullest possible exchange of equipment, materials and scientific and technological information for the peaceful uses of nuclear energy;
WHEREAS Article IV.2 of the Treaty also provides that the Parties to the Treaty in a position to do so shall also co-operate in contributing alone or together with other States or international organizations to the further development of the applications of nuclear energy for peaceful purposes, especially in the territories of non-nuclear-weapon States party to the Treaty;
WHEREAS paragraph 1 of Article III of the Treaty reads as follows:
"Each non-nuclear-weapon State Party to the Treaty undertakes to accept safeguards, as set forth in an agreement to be negotiated and concluded with the International Atomic Energy Agency in accordance with the Statute of the International Atomic Energy Agency and the Agency's safeguards system, for the exclusive purpose of verification of the fulfilment of its obligations assumed under this Treaty with a view to preventing diversion of nuclear energy from peaceful uses to nuclear weapons or other nuclear explosive devices. Procedures for the safeguards required by this Article shall be followed with respect to source or special fissionable material whether it is being produced, processed or used in any principal nuclear facility or is outside any such facility. The safeguards required by this Article shall be applied on all source or special fissionable material in all peaceful nuclear activities within the territory of such State, under its jurisdiction, or carried out under its control anywhere".
WHEREAS the International Atomic Energy Agency (hereinafter referred to as "the Agency") is authorized, pursuant to Article III of its Statute, to conclude such agreements;
NOW THEREFORE Algeria and the Agency have agreed as follows:
Algeria undertakes, pursuant to paragraph 1 of Article III of the Treaty, to accept safeguards, in accordance with the terms of this Agreement, on all source or special fissionable material in all peaceful nuclear activities within its territory, under its jurisdiction or carried out under its control anywhere, for the exclusive purpose of verifying that such material is not diverted to nuclear weapons or other nuclear explosive devices.
APPLICATION OF SAFEGUARDS
The Agency shall have the right and the obligation to ensure that safeguards will be applied, in accordance with the terms of this Agreement, on all source or special fissionable material in all peaceful nuclear activities within the territory of Algeria, under its jurisdiction or carried out under its control anywhere, for the exclusive purpose of verifying that such material is not diverted to nuclear weapons or other nuclear explosive devices.
CO-OPERATION BETWEEN ALGERIA AND THE AGENCY
Algeria and the Agency shall co-operate to facilitate the implementation of the safeguards provided for in this Agreement.
IMPLEMENTATION OF SAFEGUARDS
The safeguards provided for in this Agreement shall be implemented in a manner designed:
- to avoid hampering the economic and technological development of Algeria or international
co-operation with Algeria in the field of peaceful nuclear activities, including international
exchange of nuclear material;
- to avoid undue interference in Algeria's peaceful nuclear activities, and in particular in the
operation of facilities; and
- to be consistent with prudent management practices required for the economic and safe
conduct of nuclear activities.
- The Agency shall take every precaution to protect commercial and industrial secrets and other
confidential information coming to its knowledge in the implementation of this Agreement.
- The Agency shall not publish or communicate to any State, organization or person
any information obtained by it in connection with the implementation of this
Agreement, except that specific information relating to the implementation thereof
may be given to the Board of Governors of the Agency (hereinafter referred to as
"the Board") and to such Agency staff members as require such knowledge by reason
of their official duties in connection with safeguards, but only to the extent necessary
for the Agency to fulfil its responsibilities in implementing this Agreement.
- Summarized information on nuclear material subject to safeguards under this
Agreement may be published upon decision of the Board if the States directly
concerned agree thereto.
- The Agency shall, in implementing safeguards pursuant to this Agreement, take full account
of technological developments in the field of safeguards, and shall make every effort to ensure
optimum cost-effectiveness and the application of the principle of safeguarding effectively the
flow of nuclear material subject to safeguards under this Agreement by use of instruments and
other techniques at certain strategic points to the extent that present or future technology
- In order to ensure optimum cost-effectiveness, such means as those listed below, for example,
shall be used:
- containment as a means of defining material balance areas for accounting purposes;
- statistical techniques and random sampling in evaluating the flow of nuclear
- concentration of verification procedures on those stages in the nuclear fuel cycle
involving the production, processing, use or storage of nuclear material from which
nuclear weapons or other nuclear explosive devices could readily be made, and
minimization of verification procedures in respect of other nuclear material, on
condition that this does not hamper the Agency in applying safeguards under this
NATIONAL SYSTEM OF ACCOUNTING FOR AND CONTROL OF NUCLEAR MATERIAL
- Algeria shall establish and maintain a system of accounting for and control of all nuclear material subject to safeguards under this Agreement.
- The Agency shall apply safeguards in such a manner as to enable it to verify, in ascertaining
that there has been no diversion of nuclear material from peaceful uses to nuclear weapons
or other nuclear explosive devices, findings of Algeria's system. The Agency's verification
shall include, inter alia, independent measurements and observations conducted by the Agency
in accordance with the procedures specified in Part II of this Agreement. The Agency, in its
verification, shall take due account of the technical effectiveness of Algeria's system.
PROVISION OF INFORMATION TO THE AGENCY
- In order to ensure the effective implementation of safeguards under this Agreement, Algeria
shall, in accordance with the provisions set out in Part II of this Agreement, provide the
Agency with information concerning nuclear material subject to safeguards under this
Agreement and the features of facilities relevant to safeguarding such material.
- The Agency shall require only the minimum amount of information and data
consistent with carrying out its responsibilities under this Agreement.
- Information pertaining to facilities shall be the minimum necessary for safeguarding nuclear material subject to safeguards under this Agreement.
- If Algeria so requests, the Agency shall be prepared to examine on premixes of Algeria design
information which Algeria regards as being of particular sensitivity. Such information need
not be physically transmitted to the Agency provided that it remains readily available for
further examination by the Agency on premises of Algeria.
- The Agency shall secure the consent of Algeria to the designation of Agency
inspectors to Algeria.
- If Algeria, either upon proposal of a designation or at any other time after a
designation has been made, objects to the designation, the Agency shall propose to
Algeria an alternative designation or designations.
- If, as a result of the repeated refusal of Algeria to accept the designation of Agency
inspectors, inspections to be conducted under this Agreement would be impeded,
such refusal shall be considered by the Board, upon referral by the Director General
of the Agency (hereinafter referred to as "the Director General"), with a view to its
taking appropriate action.
- Algeria shall, in accordance with the provisions of this Agreement, take the necessary steps to ensure that Agency inspectors can effectively discharge their functions under this
- The visits and activities of Agency inspectors shall be so arranged as:
- to reduce to a minimum the possible inconvenience and disturbance to Algeria and
to the peaceful nuclear activities inspected; and
- to ensure protection of industrial secrets or any other confidential information coming
to the inspectors' knowledge.
PRIVILEGES AND IMMUNITIES
Algeria shall accord to the Agency (including its property, funds and assets) and to its inspectors and other officials, performing functions under this Agreement, the same privileges and immunities as those set forth in the relevant provisions of the Agreement on the Privileges and Immunities of the International Atomic Energy Agency.3/
TERMINATION OF SAFEGUARDS
Consumption or dilution of nuclear material
Safeguards shall terminate on nuclear material upon determination by the Agency that the material has been consumed, or has been diluted in such a way that it is no longer usable for any nuclear activity relevant from the point of view of safeguards, or has become practicably irrecoverable.
Transfer of nuclear material out of Algeria.
Algeria shall give the Agency advance notification of intended transfers of nuclear material subject to safeguards under this Agreement out of Algeria, in accordance with the provisions set out in Part II of this Agreement. The Agency shall terminate safeguards on nuclear material under this Agreement when the recipient State has assumed responsibility therefor, as provided for in Part II of this Agreement. The Agency shall maintain records indicating each transfer and, where applicable, the re-application of safeguards to the transferred nuclear material.
Provisions relating to nuclear material to be used in
Where nuclear material subject to safeguards under this Agreement is to be used in non-nuclear activities, such as the production of alloys or ceramics, Algeria shall agree with the Agency, before the material is so used, on the circumstances under which the safeguards on such material may be terminated.
NON-APPLICATION OF SAFEGUARDS TO NUCLEAR MATERIAL TO BE
USED IN NON-PEACEFUL ACTIVITIES
If Algeria intends to exercise its discretion to use nuclear material which is required to be safeguarded under this Agreement in a nuclear activity which does not require the application of safeguards under this Agreement, the following procedures shall apply:
- Algeria shall inform the Agency of the activity, making it clear:
- that the use of the nuclear material in a non-proscribed military activity will not be
in conflict with an undertaking Algeria may have given and in respect of which
Agency safeguards apply, that the material will be used only in a peaceful nuclear
- that during the period of non-application of safeguards the nuclear material will not
be used for the production of nuclear weapons or other nuclear explosive devices;
- Algeria and the Agency shall make an arrangement so that, only while the nuclear material is in such an activity, the safeguards provided for in this Agreement will not be applied. The
arrangement shall identify, to the extent possible, the period or circumstances during which
safeguards will not be applied. In any event, the safeguards provided for in this Agreement
shall apply again as soon as the nuclear material is reintroduced into a peaceful nuclear
activity. The Agency shall be kept informed of the total quantity and composition of such
unsafeguarded material in Algeria and of any export of such material; and
- each arrangement shall be made in agreement with the Agency. Such agreement shall be
given as promptly as possible and shall relate only to such matters as, inter alia, temporal and
procedural provisions and reporting arrangements, but shall not involve any approval or
classified knowledge of the military activity or relate to the use of the nuclear material therein.
Algeria and the Agency will bear the expenses incurred by them in implementing their respective responsibilities under this Agreement. However, if Algeria or persons under its jurisdiction incur extraordinary expenses as a result of a specific request by the Agency, the Agency shall reimburse such expenses provided that it has agreed in advance to do so. In any case the Agency shall bear the cost of any additional measuring or sampling which inspectors may request.
THIRD PARTY LIABILITY FOR NUCLEAR DAMAGE
Algeria shall ensure that any protection against third party liability in respect of nuclear damage, including any insurance or other financial security, which may be available under its laws or regulations shall apply to the Agency and its of officials for the purpose of the implementation of this Agreement, in the same way as that protection applies to nationals of Algeria.
Any claim by Algeria against the Agency or by the Agency against Algeria in respect of any damage resulting from the implementation of safeguards under this Agreement, other than damage arising out of a nuclear incident, shall be settled in accordance with international law.
MEASURES IN RELATION TO VERIFICATION OF NON-DIVERSION
If the Board, upon report of the Director General, decides that an action by Algeria is essential and urgent in order to ensure verification that nuclear material subject to safeguards under this Agreement is not diverted to nuclear weapons or other nuclear explosive devices, the Board may call upon Algeria to take the required action without delay, irrespective of whether procedures have been invoked pursuant to Article 22 of this Agreement for the settlement of a dispute.
If the Board, upon examination of relevant information reported to it by the Director General, finds that the Agency is not able to verify that there has been no diversion of nuclear material required to be safeguarded under this Agreement to nuclear weapons or other nuclear explosive devices, it may make the reports provided for in paragraph C of Article XII of the Statute of the Agency (hereinafter referred to as "the Statute") and may also take, where applicable, the other measures provided for in that paragraph. In taking such action the Board shall take account of the degree of assurance provided by the safeguards measures that have been applied and shall afford Algeria every reasonable opportunity to furnish the Board with any necessary reassurance.
INTERPRETATION AND APPLICATION OF THE AGREEMENT
AND SETTLEMENT OF DISPUTES
Algeria and the Agency shall, at the request of either, consult about any question arising out of the interpretation or application of this Agreement.
Algeria shall have the right to request that any question arising out of the interpretation or application of this Agreement be considered by the Board. The Board shall invite Algeria to participate in the discussion of any such question by the Board.
Any dispute arising out of the interpretation or application of this Agreement, except a dispute with regard to a finding by the Board under Article 19 or an action taken by the Board pursuant to such a finding, which is not settled by negotiation or another procedure agreed to by Algeria and the Agency shall, at the request of either, be submitted to an arbitral tribunal composed as follows: Algeria and the Agency shall each designate one arbitrator, and the two arbitrators so designated shall elect a third, who shall be the Chairman. If, within thirty days of the request for arbitration, either Algeria or the Agency has not designated an arbitrator, either Algeria or the Agency 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 arbitrator has not been elected. 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 the tribunal shall be binding on Algeria and the Agency.
REVIEW OF THE IMPLEMENTATION OF THE AGREEMENT
Algeria and the Agency, at the request of either, shall jointly review the implementation of the Agreement every five years after the entry into force of the Agreement.
SUSPENSION OF APPLICATION OF AGENCY SAFEGUARDS
UNDER OTHER AGREEMENTS
The application of Agency safeguards in Algeria under other safeguards agreements with the Agency shall be suspended while this Agreement is in force. Algeria's undertaking in those agreements not to use items which are subject thereto in such a way as to further any military purpose shall continue to apply.
AMENDMENT OF THE AGREEMENT
- Algeria and the Agency shall, at the request of either, consult each other on amendment to this Agreement.
- All amendments shall require the agreement of Algeria and the Agency.
- Amendments to this Agreement shall enter into force in the same conditions as entry into force of the Agreement itself.
- The Director General shall promptly inform all Member States of the Agency of any
amendment to this Agreement.
ENTRY INTO FORCE AND DURATION
This Agreement shall enter into force on the date upon which the Agency receives from Algeria written notification that the Agreement has been approved in accordance with its internal procedures. The Director General shall promptly inform all Member States of the Agency of the entry into force of this Agreement.
This Agreement shall remain in force as long as Algeria is party to the Treaty.
The purpose of this part of the Agreement is to specify the procedures to be applied in the implementation of the safeguards provisions of Part I.
OBJECTIVE OF SAFEGUARDS
The objective of the safeguards procedures set forth in this part of the Agreement is the timely detection of diversion of significant quantities of nuclear material from peaceful nuclear activities to the manufacture of nuclear weapons or of other nuclear explosive devices or for purposes unknown, and deterrence of such diversion by the risk of early detection.
For the purpose of achieving the objective set forth in Article 29, material accountancy shall be used as a safeguards measure of fundamental importance, with containment and surveillance as important complementary measures.
The technical conclusion of the Agency's verification activities shall be a statement, in respect of each material balance area, of the amount of material unaccounted for over a specific period, and giving the limits of accuracy of the amounts stated.
NATIONAL SYSTEM OF ACCOUNTING FOR AND CONTROL OF NUCLEAR MATERIAL
Pursuant to Article 7 the Agency, in carrying out its verification activities, shall make full use of Algeria's system of accounting for and control of all nuclear material subject to safeguards under this Agreement and shall avoid unnecessary duplication of Algeria's. accounting and control activities.
Algeria's system of accounting for and control of all nuclear material subject to safeguards under this Agreement shall be based on a structure of material balance areas, and shall make provision, as appropriate and specified in the Subsidiary Arrangements, for the establishment of such measures as:
- a measurement system for the determination of the quantities of nuclear material received, produced, shipped, lost or otherwise removed from inventory, and the quantities on inventory;
- the evaluation of precision and accuracy of measurements and the estimation of measurement uncertainty;
- procedures for identifying, reviewing and evaluating differences in shipper/receiver
- procedures for taking a physical inventory;
- procedures for the evaluation of accumulations of unmeasured inventory and unmeasured
- a system of records and reports showing, for each material balance area, the inventory of
nuclear material and the changes in that inventory including receipts into and transfers out of
the material balance area;
- provisions to ensure that the accounting procedures and arrangements are being operated
- procedures for the provision of reports to the Agency in accordance with Articles 60-70.
STARTING POINT OF SAFEGUARDS
Safeguards under this Agreement shall not apply to material in mining or ore processing activities.
- When any material containing uranium or thorium which has not reached the stage of the
nuclear fuel cycle described in paragraph (c) is directly or indirectly exported to a
non-nuclear-weapon State, Algeria shall inform the Agency of its quantity, composition and
destination, unless the material is exported for specifically non-nuclear purposes;
- When any material containing uranium or thorium which has not reached the stage of the
nuclear fuel cycle described in paragraph (c) is imported, Algeria shall inform the Agency of
its quantity and composition, unless the material is imported for specifically non-nuclear
- When any nuclear material of a composition and purity suitable for fuel fabrication or for
isotopic enrichment leaves the plant or the process stage in which it has been produced, or
when such nuclear material, or any other nuclear material produced at a later stage in the
nuclear fuel cycle, is imported into Algeria, the nuclear material shall become subject to the
other safeguards procedures specified in this Agreement.
TERMINATION OF SAFEGUARDS
- Safeguards shall terminate on nuclear material subject to safeguards under this Agreement, under the conditions set forth in Article 11. Where the conditions of that Article are not met,
but Algeria considers that the recovery of safeguarded nuclear material from residues is not
for the time being practicable or desirable, Algeria and the Agency shall consult on the
appropriate safeguards measures to be applied.
- Safeguards shall terminate on nuclear material subject to safeguards under this Agreement, under the conditions set forth in Article 13, provided that Algeria and the Agency agree that
such nuclear material is practicably irrecoverable.
EXEMPTIONS FROM SAFEGUARDS
At the request of Algeria, the Agency shall exempt nuclear material from safeguards, as follows:
- special fissionable material, when it is used in gram quantities or less as a sensing component in instruments;
- nuclear material, when it is used in non-nuclear activities in accordance with Article 13, if such nuclear material is recoverable; and
- plutonium with an isotopic concentration of plutonium-238 exceeding 80%.
At the request of Algeria the Agency shall exempt from safeguards nuclear material that would otherwise be subject to safeguards, provided that the total quantity of nuclear material which has been exempted in Algeria in accordance with this Article may not at any time exceed:
- one kilogram in total of special fissionable material, which may consist of one or more of the following:
- uranium with an enrichment of 0.2 (20 %) and above, taken account of by multiplying
its weight by its enrichment; and
- uranium with an enrichment below 0.2 (20%) and above that of natural uranium,
taken account of by multiplying its weight by five times the square of its enrichment;
- metric tons in total of natural uranium and depleted uranium with an enrichment above
- twenty metric tons of depleted uranium with an enrichment of 0.005 (0.5%) or below; and
- twenty metric tons of thorium;
or such greater amounts as may be specified by the Board for uniform application.
If exempted nuclear material is to be processed or stored together with nuclear material subject to safeguards under this Agreement, provision shall be made for the re-application of safeguards thereto.
Algeria and the Agency shall make Subsidiary Arrangements which shall specify in detail, to the extent necessary to permit the Agency to fulfil its responsibilities under this Agreement in an effective and efficient manner, how the procedures laid down in this Agreement are to be applied. The Subsidiary Arrangements may be extended or changed by agreement between Algeria and the Agency without amendment of this Agreement.
The Subsidiary Arrangements shall enter into force at the same time as, or as soon as possible after, the entry into force of this Agreement. Algeria and the Agency shall make every effort to achieve their entry into force within ninety days of the entry into force of this Agreement; an extension of that period shall require agreement between Algeria and the Agency. Algeria shall provide the Agency promptly with the information required for completing the Subsidiary Arrangements. Upon the entry into force of this Agreement, the Agency shall have the right to apply the procedures laid down therein in respect of the nuclear material listed in the inventory provided for in Article 42, even if the Subsidiary Arrangements have not yet entered into force.
On the basis of the initial report referred to in Article 63, the Agency shall establish a unified inventory of all nuclear material in Algeria subject to safeguards under this Agreement, irrespective of its origin, and shall maintain this inventory on the basis of subsequent reports and of the results of its verification activities. Copies of the inventory shall be made available to Algeria at intervals to be agreed.
Pursuant to Article 8, design information in respect of existing facilities shall be provided to the Agency during the discussion of the Subsidiary Arrangements. The time limits for the provision of design information in respect of the new facilities shall be specified in the Subsidiary Arrangements and such information shall be provided as early as possible before nuclear material is introduced into a new facility.
The design information to be provided to the Agency shall include, in respect of each facility, when applicable:
- the identification of the facility, stating its general character, purpose, nominal capacity and geographic location, and the name and address to be used for routine business purposes;
- a description of the general arrangement of the facility with reference, to the extent feasible, to the form, location and flow of nuclear material and to the general layout of important items
of equipment which use, produce or process nuclear material;
- a description of features of the facility relating to material accountancy, containment and
- a description of the existing and proposed procedures at the facility for nuclear material
accountancy and control, with special reference to material balance areas established by the
operator, measurements of flow and procedures for physical inventory taking.
Other information relevant to the application of safeguards shall also be provided to the Agency in respect of each facility, in particular on organizational responsibility for material accountancy and control. Algeria shall provide the Agency with supplementary information on the health and safety procedures which the Agency shall observe and with which the inspectors shall comply at the facility.
The Agency shall be provided with design information in respect of a modification relevant for safeguards purposes, for examination, and shall be informed of any change in the information provided to it under Article 45, sufficiently in advance for the safeguards procedures to be adjusted when necessary.
Purposes of examination of design information
The design information provided to the Agency shall be used for the following purposes:
- to identify the features of facilities and nuclear material relevant to the application of
safeguards to nuclear material in sufficient detail to facilitate verification;
- to determine material balance areas to be used for Agency accounting purposes and to select those strategic points which are key measurement points and which will be used to determine
flow and inventory of nuclear material; in determining such material balance areas the Agency
shall, inter alia, use the following criteria:
- the size of the material balance area shall be related to the accuracy with which the
material balance can be established;
- in determining the material balance area advantage shall be taken of any opportunity
to use containment and surveillance to help ensure the completeness of nuclear
material flow measurements and thereby to simplify the application of safeguards and
to concentrate measurement efforts at key measurement points;
- a number of material balance areas in use at a facility or at distinct sites may be
combined in one material balance area to be used for Agency accounting purposes
when the Agency determines that this is consistent with its verification requirements;
- a special material balance area may be established at the request of Algeria around
a process step involving commercially sensitive information;
- to establish the nominal timing and procedures for taking of physical inventory of nuclear material for Agency accounting purposes;
- to establish the records and reports requirements and records evaluation procedures;
- to establish requirements and procedures for verification of the quantity and location of
nuclear material; and
- to select appropriate combinations of containment and surveillance methods and techniques and
the strategic points at which they are to be applied.
The results of the examination of the design information shall be included in the Subsidiary Arrangements.
Re-examination of design information
Design information shall be re-examined in the light of changes in operating conditions, of developments in safeguards technology or of experience in the application of verification procedures, with a view to modifying the action the Agency has taken pursuant to Article 47.
Verification of design information
The Agency, in co-operation with Algeria, may send inspectors to facilities to verify the design information provided to the Agency pursuant to Articles 43-46, for the purposes stated in Article 47.
INFORMATION IN RESPECT OF NUCLEAR MATERIAL OUTSIDE FACILITIES
The Agency shall be provided with the following information when nuclear material is to be customarily used outside facilities, as applicable:
- a general description of the use of the nuclear material, its geographic location, and the user's name and address for routine business purposes; and
- a general description of the existing end proposed procedures for nuclear material accountancy and control, including organizational responsibility for material accountancy and control.
The Agency shall be informed, on a timely basis, of any change in the information provided to it under this Article.
The information provided to the Agency pursuant to Article 50 may be used, to the extent relevant, for the purposes set out in Article 47(b)-(f).
In establishing its system of materials control as referred to in Article 7, Algeria shall arrange that records are kept in respect of each material balance area. The records to be kept shall be described in the Subsidiary Arrangements.
Algeria shall make arrangements to facilitate the examination of records by inspectors, particularly if the records are not kept in English, French, Russian or Spanish.
Records shall be retained for at least five years.
Records shall consist, as appropriate, of:
- accounting records of all nuclear material subject to safeguards under this Agreement; and
- operating records for facilities containing such nuclear material.
The system of measurements on which the records used for the preparation of reports are based shall either conform to the latest international standards or be equivalent in quality to such standards.
The accounting records shall set forth the following in respect of each material balance area:
- all inventory changes, so as to permit a determination of the book inventory at any time;
- all measurement results that are used for determination of the physical inventory; and
- all adjustments and corrections that have been made in respect of inventory changes, book inventories and physical inventories.
For all inventory changes and physical inventories the records shall show, in respect of each batch of nuclear material: material identification, batch data and source data. The records shall account for uranium, thorium and plutonium separately in each batch of nuclear material. For each inventory change, the date of the inventory change and, when appropriate, the originating material balance area, the shipper and the receiving material balance area or the recipient, shall be indicated.
The operating records shall set forth, as appropriate, in respect of each material balance area:
- those operating data which are used to establish changes in the quantities and isotopic
composition of nuclear material;
- the data obtained from the calibration of tanks and instruments and from sampling and
analyses, the procedures to control the quality of measurements and the derived estimates of
random and systematic error;
- a description of the sequence of the actions taken in preparing for, and in taking, a physical inventory, in order to ensure that it is correct and complete; and
- a description of the actions taken in order to ascertain the cause and magnitude of any
accidental or unmeasured loss that might occur.
Algeria shall provide the Agency with reports as detailed in Articles 61-70 in respect of nuclear material subject to safeguards under this Agreement.
Reports shall be made in English, French, Russian or Spanish, except as otherwise specified in the Subsidiary Arrangements.
Reports shall be based on the records kept in accordance with Articles 52-59 and shall consist, as appropriate, of accounting reports and special reports.
The Agency shall be provided with an initial report on all nuclear material subject to safeguards under this Agreement. The initial report shall be dispatched by Algeria to the Agency within thirty days of the last day of the calendar month in which this Agreement enters into force, and shall reflect the situation as of the last day of that month.
Algeria shall provide the Agency with the following accounting reports for each material balance area:
- inventory change reports showing all changes in the inventory of nuclear material. The
reports shall be dispatched as soon as possible and in any event within thirty days after the
end of the month in which the inventory changes occurred or were established; and
- material balance reports showing the material balance based on a physical inventory of nuclear material actually present in the material balance area. The reports shall be dispatched as soon
as possible and in any event within thirty days after the physical inventory has been taken.
The reports shall be based on data available as of the date of reporting and may be corrected at a later date, as required.
Inventory change reports shall specify identification and batch data for each batch of nuclear material, the date of the inventory change and, as appropriate, the originating material balance area, the shipper and the receiving material balance area or the recipient. These reports shall be accompanied by concise notes:
- explaining the inventory changes, on the basis of the operating data contained in the operating records provided for under Article 59(a); and
- describing, as specified in the Subsidiary Arrangements, the anticipated operational
programme, particularly the taking of a physical inventory.
Algeria shall report each inventory change, adjustment and correction, either periodically in a consolidated list or individually. Inventory changes shall be reported in terms of batches. As specified in the Subsidiary Arrangements, small changes in inventory of nuclear material, such as transfers of analytical samples, may be combined in one batch and reported as one inventory change.
The Agency shall provide Algeria with semi-annual statements of book inventory of nuclear material subject to safeguards under this Agreement, for each material balance area, as based on the inventory change reports for the period covered by each such statement.
Material balance reports shall include the following entries, unless otherwise agreed by Algeria and the Agency:
- beginning physical inventory;
- inventory changes (first increases, then decreases);
- ending book inventory;
- shipper/receiver differences;
- adjusted ending book inventory;
- ending physical inventory; and
- material unaccounted for.
A statement of the physical inventory, listing all batches separately and specifying material identification and batch data for each batch, shall be attached to each material balance report.
Algeria shall make special reports without delay:
- if any unusual incident or circumstances lead Algeria to believe that there is or may have been loss of nuclear material that exceeds the limits specified for this purpose in the Subsidiary
- if the containment has unexpectedly changed from that specified in the Subsidiary
Arrangements to the extent that unauthorized removal of nuclear material has become
Amplification and clarification of reports
If the Agency so requests, Algeria shall provide it with amplifications or clarifications of any report, in so far as relevant for the purpose of safeguards.
The Agency shall have the right to make inspections as provided for in Articles 72-83.
Purposes of inspections
The Agency may make ad hoc inspections in order to:
- verify the information contained in the initial report on the nuclear material subject to
safeguards under this Agreement;
- identify and verify changes in the situation which have occurred since the date of the initial report; and
- identify, and if possible verify the quantity and composition of, nuclear material in accordance with Articles 94 and 97, before its transfer out of or upon its transfer into Algeria.
The Agency may make routine inspections in order to:
- verify that are consistent with records;
- verify the location, identity, quantity and composition of all nuclear material subject to
safeguards under this Agreement; and
- verify information on the possible causes of material unaccounted for, shipper/receiver
differences and uncertainties in the book inventory.
Subject to the procedures laid down in Article 78, the Agency may make special inspections:
- in order to verify the information contained in special reports; or
- if the Agency considers that information made available by Algeria, including explanations from Algeria and information obtained from routine inspections, is not adequate for the Agency to fulfill its responsibilities under this Agreement.
An inspection shall be deemed to be special when it is either additional to the routine inspection effort provided for in Articles 79-83 or involves access to information or locations in addition to the access specified in Article 77 for ad hoc and routine inspections, or both.
Scope of inspections
For the purposes specified in Articles 72-74, the Agency may:
- examine the records kept pursuant to Articles 52-59;
- make independent measurements of all nuclear material subject to safeguards under this
- verify the functioning and calibration of instruments and other measuring and control
- apply and make use of surveillance and containment measures; and
- use other objective methods which have been demonstrated to be technically feasible.
Within the scope of Article 75, the Agency shall be enabled:
- to observe that samples at key measurement points for material balance accountancy are taken in accordance with procedures which produce representative samples, to observe the treatment and analysis of the samples and to obtain duplicates of such samples;
- to observe that the measurements of nuclear material at key measurement points for material balance accountancy are representative, and to observe the calibration of the instruments and
- to make arrangements with Algeria that, if necessary:
- additional measurements are made and additional samples taken for the Agency's use;
- the Agency's standard analytical samples are analysed;
- appropriate absolute standards are used in calibrating instruments and other
- other calibrations are carried out;
- to arrange to use its own equipment for independent measurement and surveillance, and if so agreed and specified in the Subsidiary Arrangements to arrange to install such equipment;
- to apply its seals and other identifying and tamper-indicating devices to containments, if so agreed and specified in the Subsidiary Arrangements; and
- to make arrangements with Algeria for the shipping of samples taken for the Agency's use.
Access for inspections
- For the purposes specified in Article 72(a) and (b) and until such time as the strategic points have been specified in the Subsidiary Arrangements, the Agency inspectors shall have access
to any location where the initial report or any inspections carried out in comlection with it
indicate that nuclear material is present;
- For the purposes specified in Article 72(c) the inspectors shall have access to any location of which the Agency has been notified in accordance with Articles 93(d)(iii) or 96(d)(iii);
- For the purposes specified in Article 73 the inspectors shall have access only to the strategic points specified in the Subsidiary Arrangements and to the records maintained pursuant to
Articles 52-59; and
- In the event of Algeria concluding that any unusual circumstances require extended limitations on access by the Agency, Algeria and the Agency shall promptly make arrangements with a
view to enabling the Agency to discharge its safeguards responsibilities in the light of these
limitations. The Director General shall report each such arrangement to the Board.
In circumstances which may lead to special inspections for the purposes specified in Article 74 Algeria and the Agency shall consult forthwith. As a result of such consultations the Agency may:
- make inspections in addition to the routine inspection effort provided for in Articles 79-83; and
- obtain access, in agreement with Algeria, to information or locations in addition to those
specified in Article 77. Any disagreement concerning the need for additional access shall be
resolved in accordance with Articles 21 and 22; in case action by Algeria is essential and
urgent, Article 18 shall apply.
Frequency and intensity of routine inspections
The Agency shall keep the number, intensity and duration of routine inspections, applying optimum timing, to the minimum consistent with the effective implementation of the safeguards procedures set forth in this Agreement, and shall make the optimum and most economical use of inspection resources available to it.
The Agency may carry out one routine inspection per year in respect of facilities and material balance areas outside facilities with a content or annual throughput, whichever is greater, of nuclear material not exceeding five effective kilograms.
The number, intensity, duration, timing and mode of routine inspections in respect of facilities with a content or annual throughput of nuclear material exceeding five effective kilograms shall be determined on the basis that in the maximum or limiting case the inspection regime shall be no more intensive than is necessary and sufficient to maintain continuity of knowledge of the flow and inventory of nuclear material, and the maximum routine inspection effort in respect of such facilities shall be determined as follows:
- for reactors and sealed storage installations the maximum total of routine inspection per year shall be determined by allowing one sixth of a man-year of inspection for each such facility;
- for facilities, other than reactors or sealed storage installations, involving plutonium or
uranium enriched to more than 5 %, the maximum total of routine inspection per year shall
be determined by allowing for each such facility 30 Axe man-days of inspection per year,
where E is the inventory or annual throughput of nuclear material, whichever is greater,
expressed in effective kilograms. The maximum established for any such facility shall not,
however, be less than 1.5 man-years of inspection; and
- for facilities not covered by paragraphs (a) or (b), the maximum total of routine inspection
per year shall be determined by allowing for each such facility one third of a man-year of
inspection plus 0.4 x E man-days of inspection per year, where E is the inventory or annual
throughput of nuclear material, whichever is greater, expressed in effective kilograms.
Algeria and the Agency may agree to amend the figures for the maximum inspection effort specified in this Article, upon determination by the Board that such amendment is reasonable.
Subject to Articles 79-81 the criteria to be used for determining the actual number, intensity, duration, timing and mode of routine inspections in respect of any facility shall include:
- the form of the nuclear material, in particular, whether the nuclear material is in bulk form or contained in a number of separate items; its chemical composition and, in the case of
uranium, whether it is of low or high enrichment; and its accessibility;
- the effectiveness of Algeria's accounting and control system, including the extent to which the operators of facilities are functionally independent of Algeria's accounting and control
system; the extent to which the measures specified in Article 33 have been implemented by
Algeria; the promptness of reports provided to the Agency; their consistency with the
Agency's independent verification; and the amount and accuracy of the material unaccounted
for, as verified by the Agency;
- characteristics of Algeria's nuclear fuel cycle, in particular, the number and types of facilities containing nuclear material subject to safeguards, the characteristics of such facilities relevant to safeguards, notably the degree of containment; the extent to which the design of such
facilities facilitates verification of the flow and inventory of nuclear material; and the extent
to which information from different material balance areas can be correlated;
- international interdependence, in particular, the extent to which nuclear material is received from or sent to other States for use or processing; any verification activities by the Agency
in connection therewith; and the extent to which Algeria's nuclear activities are interrelated
with those of other States; and
- technical developments in the field of safeguards, including the use of statistical techniques and random sampling in evaluating the flow of nuclear material.
Algeria and the Agency shall consult if Algeria considers that the inspection effort is being deployed with undue concentration on particular facilities.
Notice of inspections
The Agency shall give advance notice to Algeria before arrival of inspectors at facilities or material balance areas outside facilities, as follows:
- for ad hoc inspections pursuant to Article 72(c), at least 24 hours; for those pursuant to
Article 72(a) and (b)as well as the activities provided for in Article 49, at least one week;
- for special inspections pursuant to Article 74, as promptly as possible after Algeria and the Agency have consulted as provided for in Article 78, it being understood that notification of
arrival normally will constitute part of the consultations; and
- for routine inspections pursuant to Article 73, at least 24 hours in respect of the facilities
referred to in Article 8 l(b) and sealed storage installations containing plutonium or uranium
emiched to more than 5 %, and one week in all other cases.
Such notice of inspections shall include the names of the inspectors and shall indicate the facilities and the material balance areas outside facilities to be visited and the periods during which they will be visited. If the inspectors are to arrive from outside Algeria the Agency shall also give advance notice of the place and time of their arrival in Algeria.
Notwithstanding the provisions of Article 84, the Agency may, as a supplementary measure, carry out without advance notification a portion of the routine inspections pursuant to Article 81 in accordance with the principle of random sampling. In performing any unannounced inspections, the Agency shall fully take into account any operational programme provided by Algeria pursuant to Article 65(b). Moreover, whenever practicable, and on the basis of the operational programme, it shall advise Algeria periodically of its general programme of announced and unannounced inspections, specifying the general periods when inspections are foreseen. In carrying out any unannounced inspections, the Agency shall make every effort to minimize any practical difficulties for Algeria and for facility operators, bearing in mind the relevant provisions of Articles 45 and 90. Similarly Algeria shall make every effort to facilitate the task of the inspectors.
Designation of inspectors
The following procedures in accordance with the relevant provisions of Article apply to the designation of inspectors:
- the Director General shall inform Algeria in writing of the name, qualifications, nationality, grade and such other particulars as may be relevant, of each Agency official he proposes for
designation as an inspector for Algeria;
- Algeria shall inform the Director General within thirty days of the receipt of such a proposal whether it accepts the proposal;
- the Director General may designate each of ficial who has been accepted by Algeria as one of the inspectors for Algeria, and shall inform Algeria of such designations; and
- the Director General, acting in response to a request by Algeria or on his own initiative, shall immediately inform Algeria of the withdrawal of the designation of any official as an inspector
However, in respect of inspectors needed for the activities provided for in Article 49 and to carry out ad hoc inspections pursuant to Article 72(a) and (b) the designation procedures shall be completed if possible within thirty days after the entry into force of this Agreement. If such designation appears impossible within this time limit, inspectors for such purposes shall be designated on a temporary basis.
Algeria shall grant or renew as quickly as possible appropriate visas, where required, for each inspector designated for Algeria.
Conduct and visits of inspectors
Inspectors, in exercising their functions under Articles 49 and 72-76, shall carry out their activities in a manner designed to avoid hampering or delaying the construction, commissioning or operation of facilities, or affecting their safety. In particular inspectors shall not operate any facility themselves or direct the staff of a facility to carry out any operation. If inspectors consider that in pursuance of Articles 75 and 76, particular operations in a facility should be carried out by the operator, they shall make a request therefor.
When inspectors require services available in Algeria, including the use of equipment, in connection with the performance of inspections, Algeria shall facilitate the procurement of such services and the use of such equipment by inspectors.
Algeria shall have the right to have inspectors accompanied during their inspections by representatives of Algeria, provided that inspectors shall not thereby be delayed or otherwise impeded in the exercise of their functions.
STATEMENTS ON THE AGENCY'S VERIFICATION ACTIVITIES
The Agency shall inform Algeria of:
- the results of inspections, at intervals to be specified in the Subsidiary Arrangements; and
- the conclusions it has drawn from its verification activities in Algeria, in particular by means of statements in respect of each material balance area, which shall be made as soon as possible
after a physical inventory has been taken and verified by the Agency and a material balance
has been struck.
Nuclear material subject or required to be subject to safeguards under this Agreement which is transferred internationally shall, for purposes of this Agreement, be regarded as being the responsibility of Algeria:
- in the case of import into Algeria, from the time that such responsibility ceases to lie with the exporting State, and no later than the time at which the material reaches its destination; and
- in the case of export out of Algeria, up to the time at which the recipient State assumes such responsibility, and no later than the time at which the nuclear material reaches its destination.
The point at which the transfer of responsibility will take place shall be determined in accordance with suitable arrangements to be made by the States concerned. Neither Algeria nor any other State shall be deemed to have such responsibility for nuclear material merely by reason of the fact that the nuclear material is in transit on or over its territory, or that it is being transported on a ship under its flag or in its aircraft.
Transfers out of Algeria
- Algeria shall notify the Agency of any intended transfer out of Algeria of nuclear material subject to safeguards under this Agreement if the shipment exceeds one effective kilogram,
or if, within a period of three months, several separate shipments are to be made to the same
State, each of less than one effective kilogram but the total of which exceeds one effective
- Such notification shall be given to the Agency after the conclusion of the contractual
arrangements leading to the transfer and normally at least two weeks before the nuclear
material is to be prepared for shipping.
- Algeria and the Agency may agree on different procedures for advance notification.
- The notification shall specify:
- the identification and, if possible, the expected quantity and composition of the
nuclear material to be transferred, and the material balance area from which it will
- the State for which the nuclear material is destined;
- the dates on and locations at which the nuclear material is to be prepared for
- the approximate dates of dispatch and arrival of the nuclear material; and
- at what point of the transfer the recipient State will assume responsibility for the nuclear material for the purpose of this Agreement, and the probable date on which that point will be reached.
The notification referred to in Article 93 shall be such as to enable the Agency to make, if necessary, an ad hoc inspection to identify, and if possible verify the quantity and composition of, the nuclear material before it is transferred out of Algeria and, if the Agency so wishes or Algeria so requests, to affix seals to the nuclear material when it has been prepared for shipping. However, the transfer of the nuclear material shall not be delayed in any way by any action taken or contemplated by the Agency pursuant to such a notification.
If the nuclear material will not be subject to Agency safeguards in the recipient State, Algeria shall make arrangements for the Agency to receive, within three months of the time when the recipient State accepts responsibility for the nuclear material from Algeria, confirmation by the recipient State of the transfer.
Transfers into Algeria
- Algeria shall notify the Agency of any expected transfer into Algeria of nuclear material
required to- be subject to safeguards under this Agreement if the shipment exceeds one
effective kilogram, or if, within a period of three months, several separate shipments are to
be received from the same State, each of less than one effective kilogram but the total of
which exceeds one effective kilogram.
- The Agency shall be notified as much in advance as possible of the expected arrival of the nuclear material, and in any case not later than the date on which Algeria assumes
responsibility for the nuclear material.
- Algeria and the Agency may agree on different procedures for advance notification.
- The notification shall specify:
- the identification and, if possible, the expected quantity and composition of the
- at what point of the transfer Algeria will assume responsibility for the nuclear
material for the purpose of this Agreement, and the probable date on which that point
will be reached; and
- the expected date of arrival, the location where, and the date on which, the nuclear
material is intended to be unpacked.
The notification referred to in Article 96 shall be such as to enable the Agency to make, if necessary, an ad hoc inspection to identify, and if possible verify the quantity and composition of, the nuclear material at the time the consignment is unpacked. However, unpacking shall not be delayed by any action taken or contemplated by the Agency pursuant to such a notification.
Algeria shall make a special report as envisaged in Article 69 if any unusual incident or circumstances lead Algeria to believe that there is or may have been loss of nuclear material, including the occurrence of significant delay, during an international transfer.
For the purposes of this Agreement:
- adjustment means an entry into an accounting record or a report showing a shipper/receiver difference
or material unaccounted for.
- annual throughput means, for the purposes of Articles 80 and 81, the amount of nuclear material transferred annually out of a facility working at nominal capacity.
- batch means a portion of nuclear material handled as a unit for accounting purposes at a key measurement point and for which the composition and quantity are defined by a single set of specifications or measurements. The nuclear material may be in bulk form or contained in a number of separate items.
- batch data means the total weight of each element of nuclear material and, in the case of plutonium and uranium, the isotopic composition when appropriate. The units of account shall be as follows:
- grams of contained plutonium;
- grams of total uranium and grams of contained uranium-235 plus uranium-233 for uranium enriched in these isotopes; and
- kilograms of contained thorium, natural uranium or depleted uranium.
For reporting purposes the weights of individual items in the batch shall be added together before rounding to the nearest unit.
- book inventory of a material balance area means the algebraic sum of the most recent physical inventory of that material balance area and of all inventory changes that have occurred since that physical inventory was taken.
- correction means an entry into an accounting record or a report to rectify an identified mistake or to reflect an improved measurement of a quantity previously entered into the record or report. Each correction must identify the entry to which it pertains.
- effective kilogram means a special unit used in safeguarding nuclear material. The quantity in effective kilograms is obtained by taking:
- for plutonium, its weight in kilograms;
- for uranium with an enrichment of 0.01 (1 %) and above, its weight in kilograms multiplied by the square of its enrichment;
- for uranium with an enrichment below 0.01 (1%) and above 0.005 (0.5%), its weight in
kilograms multiplied by 0.0001; and
- for depleted uranium with an enrichment of 0.005 (0.5%) or below, and for thorium, its
weight in kilograms multiplied by 0.00005.
- enrichment means the ratio of the combined weight of the isotopes uranium-233 and uranium-235 to that of the total uranium in question.
- facility means:
- a reactor, a critical facility, a conversion plant, a fabrication plant, a reprocessing plant, an isotope separation plant or a separate storage installation; or
- any location where nuclear material in amounts greater than one effective kilogram is customarily used.
- inventory change means an increase or decrease, in terms of batches, of nuclear material in a material
balance area; such a change shall involve one of the following:
- domestic receipt: receipts from other material balance areas, receipts from a
non-safeguarded (non-peaceful) activity or receipts at the starting point of safeguards;
- nuclear production: production of special fissionable material in a reactor; and
- de-exemption: re-application of safeguards on nuclear material previously exempted therefrom on account of its use or quantity.
- domestic shipment: shipments to other material balance areas or shipments for a
non-safeguarded (non-peaceful) activity;
- nuclear loss: loss of nuclear material due to its transformation into other element(s)
or isotope(s) as a result of nuclear reactions;
- measured discard: nuclear material which has been measured, or estimated on the basis of measurements, and disposed of in such a way that it is not suitable for further nuclear use;
- retained waste: nuclear material generated from processing or from an operational
accident, which is deemed to be unrecoverable for the time being but which is stored;
- exemption: exemption of nuclear material from safeguards on account of its use or quantity; and
- other loss: for example, accidental loss (that is, irretrievable and inadvertent loss of
nuclear material as the result of an operational accident) or theft.
- key measurement point means a location where nuclear material appears in such a form that it may be measured to determine material flow or inventory. Key measurement points thus include, but are not limited to, the inputs and outputs (including measured discards) and storages in material balance areas.
- man-year of inspection means, for the purposes of Article 81, 300 man-days of inspection, a mayday being a day during which a single inspector has access to a facility at any time for a total of not more than eight hours.
- material balance area means an area in or outside of a facility such that:
- the quantity of nuclear material in each transfer into or out of each material balance area can be determined; and
- the physical inventory of nuclear material in each material balance area can be determined when necessary, in accordance with specified procedures, in order that the material balance for Agency safeguards purposes can be established.
- material unaccounted for means the difference between book inventory and physical inventory.
- nuclear material means any source or any special fissionable material as defined in Article XX of the Statute. The term source material shall not be interpreted as applying to ore or ore residue. Any determination by the Board under Article XX of the Statute after the entry into force of this Agreement which adds to the materials considered to be source material or special fissionable material shall have effect under this Agreement only upon acceptance by Algeria.
- physical inventory means the sum of all the measured or derived estimates of batch quantities of nuclear material on hand at a given time within a material balance area, obtained in accordance with specified procedures.
- shipper/receiver difference means the difference between the quantity of nuclear material in a batch as stated by the shipping material balance area and as measured at the receiving material balance area.
- source data means those data, recorded during measurement or calibration or used to derive empirical relationships, which identify nuclear material and provide batch data. Source data may include, for example, weight of compounds, conversion factors to determine weight of element, specific gravity, element concentration, isotopic ratios, relationship between volume and manometer readings and relationship between plutonium produced and power generated.
- strategic point means a location selected during examination of design information where, under normal conditions and when combined with the information from all strategic points taken together, the information necessary and sufficient for the implementation of safeguards measures is obtained and verified; a strategic point may include any location where key measurements related to material balance accountancy are made and where containment and surveillance measures are executed.
DONE at Algiers, on the 30th day of March 1996, in duplicate, in the Arabic, French and English languages.
|For the PEOPLE'S DEMOCRATIC REPUBLIC OF ALGERIA:
||For the INTERNATIONAL ATOMIC ENERGY AGENCY:
1/ The footnotes to the text have been added in the present information circular.
2/ Reproduced in document INFCIRC/140.
3/ Reproduced in document INFCIRC/9/Rev.2.