If San Marino so requests, the Agency shall be prepared to examine on premises of
San Marino design information which San Marino 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 San Marino.
AGENCY INSPECTORS
Article 9
-
- The Agency shall secure the consent of San Marino to the designation of
Agency inspectors to San Marino.
- If San Marino, 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 San Marino an alternative designation or designations.
- If, as a result of the repeated refusal of San Marino 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.
- San Marino shall take the necessary steps to ensure that Agency inspectors can
effectively discharge their functions under this Agreement.
- The visits and activities of Agency inspectors shall be so arranged as:
- to reduce to a minimum the possible inconvenience and disturbance to
San Marino and to the peaceful nuclear activities inspected; and
- to ensure protection of industrial secrets or any other confidential information
coming to the inspectors' neuralgia.
PRIVILEGES AND IMMUNITIES
Article10
San Marino 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.
TERMINATION OF SAFEGUARDS
Article 11
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
Article 12
Transfer of nuclear material out of San Marino
San Marino shall give the Agency advance notification of intended transfers of nuclear
material subject to safeguards under this Agreement out of San Marino, 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.
Article 13
Provisions relating to nuclear material to be used in non-nuclear activities
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, San Marino 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
Article14
If San Marino 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:
- San Marino 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 San Marino may have given and in
respect of which Agency safeguards apply, that the material will be used only
in a peaceful nuclear activity; and
- 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;
- San Marino 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 unsafe guarded material in
San Marino 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.
FINANCE
Article 15
Until such time as San Marino becomes a Member State of the Agency, San Marino shall fully reimburse to the Agency the safeguards expenses which the Agency incurs under this Agreement. As from the date on which San Marino becomes a Member State of the Agency, San Marino and the Agency will bear the expenses incurred by them in implementing their respective responsibilities under this Agreement. However, in either case, if San Marino 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
Article 16
San Marino 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 officials for the purpose of the
implementation of this Agreement, in the same way as that protection applies to nationals of
San Marino.
INTERNATIONAL RESPONSIBILITY
Article 17
Any claim by San Marino against the Agency or by the Agency against San Marino 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
Article 18
If the Board, upon report of the Director General, decides that an action by San Marino 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 San Marino 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.
Article 19
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 San Marino every reasonable opportunity to furnish the Board
with any necessary reassurance.
INTERPRETATION AND APPLICATION OF THE AGREEMENT
AND SETTLEMENT OF DISPUTES
Article 20
San Marino and the Agency shall, at the request of either, consult about any question arising
out of the interpretation or application of this Agreement.
Article 21
San Marino 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
San Marino to participate in the discussion of any such question by the Board.
Article 22
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 San Marino and the Agency shall, at the request of either, be submitted to an
arbitral tribunal composed as follows: San Marino 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 San Marino or the Agency has not
designated an arbitrator, either San Marino 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 San Marino and the Agency.
AMENDMENT OF THE AGREEMENT
Article 23
- San Marino and the Agency shall, at the request of either, consult each other on
amendment to this Agreement.
- All amendments shall require the agreement of San Marino 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
Article 24
This Agreement shall enter into force on the date upon which the Agency receives from
San Marino written notification that San Marino's statutory and constitutional requirements for
entry into force have been met. The Director General shall promptly inform all Member
States of the Agency of the entry into force of this Agreement.
Article 25
This Agreement shall remain in force as long as San Marino is party to the Treaty.
P A R T II
INTRODUCTION
Article 26
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
Article 27
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.
Article 28
For the purpose of achieving the objective set forth in Article 27, material accountancy shall
be used as a safeguards measure of fundamental importance, with containment and
surveillance as important complementary measures.
Article 29
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
Article 30
Pursuant to Article 7 the Agency, in carrying out its verification activities, shall make full use
of San Marino's system of accounting for and control of all nuclear material subject to
safeguards under this Agreement and shall avoid unnecessary duplication of San Marino's
accounting and control activities.
Article 31
San Marino'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
measurements;
- procedures for taking a physical inventory;
- procedures for the evaluation of accumulations of unmeasured inventory and
unmeasured losses;
- 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 correctly; and
- procedures for the provision of reports to the Agency in accordance with Articles
STARTING POINT OF SAFEGUARDS
Article 32
Safeguards under this Agreement shall not apply to material in mining or ore processing
activities.
Article 33
- When any material containing uranium or thorium which has not reached the stage
of the nuclear fuel cycle described in paragraph (c) below is directly or indirectly
exported to a non-nuclear-weapon State, San Marino 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) below is imported, San Marino
shall inform the Agency of its quantity and composition, unless the material is
imported for specifically non-nuclear purposes; and
- 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 San Marino, the nuclear
material shall become subject to the other safeguards procedures specified in this
Agreement.
TERMINATION OF SAFEGUARDS
Article 34
- 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 San Marino considers that the recovery of safeguarded
nuclear material from residues is not for the time being practicable or desirable,
San Marino 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 San Marino and
the Agency agree that such nuclear material is practicably irrecoverable.
EXEMPTIONS FROM SAFEGUARDS
Article 35
At the request of San Marino, 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% .
Article 36
At the request of San Marino 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 San Marino 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:
- plutonium;
- 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;
- ten metric tons in total of natural uranium and depleted uranium with an enrichment
above 0.005 (0.5%):
- 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.
Article 37
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.
SUBSIDIARY ARRANGEMENTS
Article 38
San Marino 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
San Marino and the Agency without amendment of this Agreement.
Article 39
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. San Marino 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 San Marino and the
Agency. San Marino 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 40, even if the Subsidiary
Arrangements have not yet entered into force.
INVENTORY
Article 40
On the basis of the initial report referred to in Article 61, the Agency shall establish a unified
inventory of all nuclear material in San Marino 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 San Marino at intervals to be agreed.
DESIGN INFORMATION
General provisions
Article 41
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.
Article 42
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 surveillance; 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.
Article 43
Other information relevant to the application of safeguards shall also be provided to the
Agency in respect of each facility, in particular on organisational responsibility for material
accountancy and control. San Marino 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.
Article 44
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 43, sufficiently in advance for the safeguards
procedures to be adjusted when necessary.
Article 45
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 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; and
- a special material balance area may be established at the request of
San Marino 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.
Article 46
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 45.
Article 47
Verification of design information
The Agency, in co-operation with San Marino, may send inspectors to facilities to verify the
design information provided to the Agency pursuant to Articles 41-44, for the purposes stated
in Article 45.
INFORMATION IN RESPECT OF NUCLEAR MATERIAL OUTSIDE FACILITIES
Article 48
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 and proposed procedures for nuclear material
accountancy and control, including organisational 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.
Article 49
The information provided to the Agency pursuant to Article 48 may be used, to the extent
relevant, for the purposes set out in Article 45(b)-(f).
RECORDS SYSTEM
General provisions
Article 50
In establishing its system of materials control as referred to in Article 7, San Marino 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.
Article 51
San Marino shall make arrangements to facilitate the examination of records by inspectors,
particularly if the records are not kept in English, French, Russian or Spanish.
Article 52
Records shall be retained for at least five years.
Article 53
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.
Article 54
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
Accounting records
Article 55
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.
Article 56
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 and the receiving material balance area or the recipient, shall
be indicated.
Article 57
Operating records
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
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.
REPORTS SYSTEM
General provisions
Article 58
San Marino shall provide the Agency with reports as detailed in Articles 59-68 in respect of
nuclear material subject to safeguards under this Agreement.
Article 59
Reports shall be made in English, French, Russian or Spanish, except as otherwise specified
in the Subsidiary Arrangements.
Article 60
Reports shall be based on the records kept in accordance with Articles 50-57 and shall
consist, as appropriate, of accounting reports and special reports.
Accounting reports
Article 61
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 San Marino 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.
Article 62
San Marino 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.
Article 63
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 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 57(a); and
- describing, as specified in the Subsidiary Arrangements, the anticipated operational
programme, particularly the taking of a physical inventory.
Article 64
San Marino 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.
Article 65
The Agency shall provide San Marino 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.
Article 66
Material balance reports shall include the following entries, unless otherwise agreed by
San Marino 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.
Article 67
Special reports
San Marino shall make special reports without delay:
- if any unusual incident or circumstances lead San Marino to believe that there is or
may have been loss of nuclear material that exceeds the limits specified for this
purpose in the Subsidiary Arrangements; or
- if the containment has unexpectedly changed from that specified in the Subsidiary
Arrangements to the extent that unauthorized removal of nuclear material has become
possible.
Article 68
Amplification and clarification of reports
If the Agency so requests, San Marino shall provide it with amplifications or clarifications of
any report, in so far as relevant for the purpose of safeguards.
INSPECTIONS
Article 69
General provisions
The Agency shall have the right to make inspections as provided for in Articles 70-81.
Purposes of inspections
Article 70
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 92 and 95, before its transfer out of or upon its transfer into
San Marino.
Article 71
The Agency may make routine inspections in order to:
- verify that reports 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.
Article 72
Subject to the procedures laid down in Article 76, thee 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 San Marino, including
explanations from San Marino and information obtained from routine inspections, is
not adequate for the Agency to fulfil 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 77-81 or involves access to information or locations
in addition to the access
specified in Article 75 for ad hoc and routine inspections, or both.
Scope of inspections
Article 73
For the purposes specified in Articles 70-72, the Agency may:
- examine the records kept pursuant to Articles 50-57;
- make independent measurements of all nuclear material subject to safeguards under
this Agreement;
- verify the functioning and calibration of instruments and other measuring and
control equipment;
- apply and make use of surveillance and containment measures; and
- use other objective methods which have been demonstrated to be technically
feasible.
Article 74
Within the scope of Article 73, 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 equipment involved;
- to make arrangements with San Marino 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
equipment; and
- 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 San Marino for the shipping of samples taken for the
Agency's use.
Access for inspections
Article 75
- For the purposes specified in Article 70(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 connection with it indicate that nuclear material is present;
- For the purposes specified in Article 70(c) the inspectors shall have access to any
location of which the Agency has been notified in accordance with Articles 91(d)(iii)
or 94(d)(iii);
- For the purposes specified in Article 71 the inspectors shall have access only to the
strategic points specified in the Subsidiary Arrangements and to the records
maintained pursuant to Articles 50-57; and
- In the event of San Marino concluding that any unusual circumstances require
extended limitations on access by the Agency, San Marino 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..
Article 76
In circumstances which may lead to special inspections for the purposes specified in Article
72 San Marino 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
77-81; and
- obtain access, in agreement with San Marino, to information or locations in addition
to those specified in Article 75. Any disagreement concerning the need for additional
access shall be resolved in accordance with Articles 21 and 22; in case action by
San Marino is essential and urgent, Article 18 shall apply.
Frequency and intensity of routine inspections
Article 77
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.
Article 78
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.
Article 79
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 x square root of 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. 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.
San Marino 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.
Article 80
Subject to Articles 77-79 the criteria to be used for determining the actual number, intensity,
duration, timing and mode of routine inspections in reaped: 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 San Marino's accounting and control system, including the
extent to which the operators of facilities are functionally independent of San Marino's
accounting and control system; the extent to which the measures specified in Article
31 have been implemented by San Marino; 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 San Marino'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 San Marino'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.
Article 81
San Marino and the Agency shall consult if San Marino considers that the inspection effort is
being deployed with undue concentration on particular tactilities.
Notice of inspections
Article 82
The Agency shall give advance notice to San Marino before arrival of inspectors at facilities
or material balance areas outside facilities, as follows:
- for ad hoc inspections pursuant to Article 70(c), at least 24 hours; for those pursuant
to Article 70(a) and (b) as well as the activities provided for in Article 47, at least
one week:
- for special inspections pursuant to Article 72, as promptly as possible after
San Marino and the Agency have consulted as provided for in Article 76, it being
understood that notification of arrival normally will constitute part of the
consultations: and
- for routine inspections pursuant to Article 71, at least 24 hours in respect of the
facilities referred to in Article 79(b) and sealed storage installations containing
plutonium or uranium enriched 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 San Marino the Agency
shall also give advance notice of the place and time of their arrival in San Marino.
Article 83
Notwithstanding the provisions of Article 82, the Agency may, as a supplementary measure,
carry out without advance notification a portion of the routine inspections pursuant to Article
79 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
San Marino pursuant to Article 63(b). Moreover, whenever practicable, and on the basis of the
operational programme, it shall advise San Marino 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 San Marino and for facility operators, bearing in mind
the relevant provisions of Articles 43 and 88. Similarly San Marino shall make every effort to
facilitate the task of the inspectors.
Designation of inspectors
Article 84
The following procedures shall apply to the designation of inspectors:
- the Director General shall inform San Marino 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 San Marino:
- San Marino 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 official who has been accepted by
San Marino as one of the inspectors for San Marino, and shall inform San Marino of
such designations: and
- the Director General, acting in response to a request by San Marino or on his own
initiative, shall immediately inform San Marino of the withdrawal of the designation
of any official as an inspector for San Marino.
However, in respect of inspectors needed for the activities provided for in Article 47 and to
carry out ad hoc inspections pursuant to Article 70(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.
Article 85
San Marino shall grant or renew as quickly as possible appropriate visas, where required, for
each inspector designated for San Marino.
Conduct and visits of inspectors
Article 86
Inspectors, in exercising their functions under Articles 47 and 70-74, 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 73 and 74, particular operations in a
facility should be carried out by the operator, they shall make a request therefor.
Article 87
When inspectors require services available in San Marino, including the use of equipment, in
connection with the performance of inspections, San Marino shall facilitate the procurement of
such services and the use of such equipment by inspectors.
Article 88
San Marino shall have the right to have inspectors accompanied during their inspections by
representatives of San Marino, provided that inspectors shall not thereby be delayed or
otherwise impeded in the exercise of their functions.
STATEMENTS ON THE AGENCY'S VERIFICATION ACTIVITIES
Article 89
The Agency shall inform San Marino 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 San Marino, 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.
INTERNATIONAL TRANSFERS
Article 90
General provisions
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 San Marino:
- in the case of import into San Marino, 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 San Marino, A) 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
San Marino 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 San Marino
Article 91
- San Marino shall notify the Agency of any intended transfer out of San Marino of
nuclear material subject to safeguards under this Agreement if the shipment exceeds
one effective kilogram, or if, within a plaid 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 kilogram.
- 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.
- San Marino 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 come;
- the State for which the nuclear material is destined;
- the dates on and locations at which the nuclear material is to be prepared for
shipping;
- 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.
Article 92
The notification referred to in Article 91 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 San Marino and, if the
Agency so wishes or San Marino 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.
Article 93
If the nuclear material will not be subject to Agency safeguards in the recipient State,
San Marino 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 San Marino,
confirmation by the recipient State of the transfer.
Transfers into San Marino
Article 94
- San Marino shall notify the Agency of any expected transfer into San Marino 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 San Marino
assumes responsibility for the nuclear material.
- San Marino 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;
- at what point of the transfer San Marino 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.
Article 95
The notification referred to in Article 94 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.
Article 96
Special reports
San Marino shall make a special report as envisaged in Article 67 if any unusual incident or
circumstances lead San Marino to believe that there is or may have been loss of nuclear
material, including the occurrence of significant delay, during an international transfer.
D E F I N I T I O N S
Article 97
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 78 and 79, 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 what in qualms 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 plants 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:
- increases:
- import;
- 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.
- decreases:
- export;
- 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 79, 300 man-days of
inspection, a man-day 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 San Marino.
- 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
cantonment and surveillance measures are executed.
- DONE in duplicate, in the English language.
| For the REPUBLIC OF SAN MARINO: |
For the INTERNATIONAL ATOMIC
ENERGY AGENCY: |
(signed)
Gabriele Gatti
The Secretary of State
San Marino, 7 September 1998 |
(signed)
Hans Blix
Director General
Vienna, 3 March 1995 |
Protocol
The Republic of San Marino (hereinafter referred to as "San Marino") and the International Atomic Energy Agency (hereinafter referred to as "the Agency") have agreed as follows:
-
- Until such time as San Marino has, in peaceful nuclear activities within its territory or under its jurisdiction or control anywhere,
- nuclear material in quantities exceeding the limits stated, for the type of material in question, in Article 36 of the Agreement between San Marino and the Agency for the Application of Safeguards in Connection with the Treaty on the Non-Proliferation of Nuclear Weapons (hereinafter referred to as "the Agreement"), or
- nuclear material in a facility as defined in the Definitions.
the implementation of the provisions of Part II of the Agreement shall be held in abeyance, with the exception of Articles 32, 33, 38, 41 and 90.
- The information to be reported pursuant to paragraphs (a) and (b) of Article 33 of the Agreement may be consolidated and submitted in an annual report; similarly, an annual report shall be submitted, if applicable, with respect to the import and export of nuclear material described in paragraph (c) of Article 33.
- In order to enable the timely conclusion of the Subsidiary Arrangements provided for in Article 38 of the Agreement, San Marino shall notify the Agency sufficiently in advance of its having nuclear material in peaceful nuclear activities within its territory or under its jurisdiction or control anywhere in quantities that exceed the limits or six months before nuclear material is to be introduced into a facility, as referred to in section 1 hereof, whichever occurs first.
- This Protocol shall be signed by the representatives of San Marino and the Agency and shall enter into force on the same date as the Agreement.
- DONE in duplicate, in the English language.
| For the REPUBLIC OF SAN MARINO: |
For the INTERNATIONAL ATOMIC
ENERGY AGENCY: |
(signed)
Gabriele Gatti
The Secretary of State
San Marino, 7 September 1998 |
(signed)
Hans Blix
Director General
Vienna, 3 March 1995 |
1 The footnotes to the text have been added in the present information circular.
2 Reproduced in document INFCIRC/140
