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III. SAFEGUARDS PROCEDURES

A. GENERAL PROCEDURES

Introduction

37.
The safeguards procedures to be applied by the Agency are those specified in this Agreement, as well as such additional procedures as result from technological developments, and other procedures as may be agreed to between the Agency and India. The safeguards procedures set forth below shall be followed, as far as relevant, with respect to any item subject to this Agreement.
38.
The Agency shall conclude with India Subsidiary Arrangements concerning the implementation of the safeguards procedures referred to above. The Subsidiary Arrangements shall also include any necessary arrangements for the application of safeguards to any item subject to this Agreement, including such containment and surveillance measures as are required for the effective implementation of safeguards. The Subsidiary Arrangements shall enter into force no later than six months after entry into force of this Agreement.
Design Review
39. The Agency shall review the design of principal nuclear facilities, for the sole purpose of satisfying itself that a facility will permit the effective application of safeguards.
40. The design review of a principal nuclear facility shall take place at as early a stage as possible. In particular, such review shall be carried out in the case of:
(a) An Agency project, before the project is approved;
(b)
A bilateral or multilateral arrangement under which the responsibility for administering safeguards is to be transferred to the Agency, or an activity or facility unilaterally submitted by India, before the Agency assumes safeguards responsibilities with respect to the facility;
(c)
A transfer of safeguarded nuclear material to a principal nuclear facility whose design has not previously been reviewed, before such transfer takes place; and
(d)
A significant modification of a principal nuclear facility whose design has previously been reviewed, before such modification is undertaken.
41.
To enable the Agency to perform the required design review, India shall submit to it relevant design information sufficient for the purpose, including information on such basic characteristics of the principal nuclear facility as may bear on the Agency's safeguards procedures. The Agency shall require only the minimum amount of information and data consistent with carrying out its responsibility under this section. It shall complete the review promptly after the submission of this information by India and shall notify the latter of its conclusions without delay.
42.
If the Agency wishes to examine design information which India regards as sensitive, the Agency shall, if India so requests, conduct the examination on premises in India. Such information should not be physically transmitted to the Agency provided that it remains readily available for examination by the Agency in India
Records
43.
India shall arrange for the keeping of records with respect to principal nuclear facilities and also with respect to all safeguarded nuclear material outside such facilities. For this purpose India and the Agency shall agree on a system of records with respect to each facility and also with respect to such material, on the basis of proposals to be submitted by India in sufficient time to allow the Agency to review them before the records need to be kept.
44. All records shall be kept in English.
45. The records shall consist, as appropriate, of:
(a) Accounting records of all safeguarded nuclear material; and
(b) Operating records for principal nuclear facilities.
46. All records shall be retained for at least two years.

Reports

General Requirements

47.
India shall submit to the Agency reports with respect to the production, processing and use of safeguarded nuclear material in or outside principal nuclear facilities. For this purpose, India and the Agency shall agree on a system of reports with respect to each facility and also with respect to safeguarded nuclear material outside such facilities, on the basis of proposals to be submitted by India in sufficient time to allow the Agency to review them before the reports need to be submitted. The reports need include only such information as is relevant for the purpose of safeguards.
48. All reports shall be submitted in English.
Routine Reports
49. Routine reports shall be based on the records compiled in accordance with paragraphs 43 to 46 of this Agreement and shall consist, as appropriate, of:
(a)
Accounting reports showing the receipt, transfer out, inventory and use of all safeguarded nuclear material. The inventory shall indicate the nuclear and chemical composition and physical form of all material and its location on the date of the report; and
(b)
Operating reports showing the use that has been made of each principal nuclear facility since the last report and, as far as possible, the programme of future work in the period until the next routine report is expected to reach the Agency.
50. The first routine report shall be submitted as soon as:
(a) There is any safeguarded nuclear material to be accounted for; or
(b) The principal nuclear facility to which it relates is in a condition to operate.
Progress in Construction
51.
The Agency may request information as to when particular stages in the construction of a principal nuclear facility have been or are to be reached.
Special Reports
52. India shall report to the Agency without delay:
(a)
If any unusual incident occurs involving actual or potential loss or destruction of, or damage to, any safeguarded nuclear material or principal nuclear facility;
(b)
If there is good reason to believe that safeguarded nuclear material is lost or unaccounted for in quantities that exceed the normal operating and handling losses that have been accepted by the Agency as characteristic of the facility; or
(c)
Disruption of operation of facilities listed in the Annex on account of material violation or breach of bilateral or multilateral arrangements to which India is a party.
53.
India shall report to the Agency, as soon as possible, and in any case within two weeks, any transfer not requiring advance notification that will result in a significant change (to be defined by the Agency in agreement with India) in the quantity of safeguarded nuclear material in a principal nuclear facility. Such report shall indicate the amount and nature of the material and its intended use.
Amplification of Reports
54.
At the Agency's request, India shall submit amplifications or clarifications of any report, in so far as relevant for the purpose of safeguards.

Inspections

General Procedures

55. The Agency may inspect any items subject to this Agreement.
56.
The purpose of safeguards inspections under this Agreement shall be to verify compliance by India with this Agreement and to assist India in complying with this Agreement and in resolving any questions arising out of the implementation of safeguards.
57.
The number, duration and intensity of inspections actually carried out shall be kept to the minimum consistent with the effective implementation of safeguards, and if the Agency considers that the authorized inspections are not all required, fewer shall be carried out.
58.
Inspectors shall neither operate any facility themselves nor direct the staff of a facility to carry out any particular operation.
Routine Inspections
59. Routine inspections may include, as appropriate:
(a) Audit of records and reports;
(b)
Verification of the amount of safeguarded nuclear material by physical inspection, measurement and sampling;
(c)
Examination of principal nuclear facilities, including a check of their measuring instruments and operating characteristics; and
(d) Check of the operations carried out at principal nuclear facilities.
60.
Whenever the Agency has the right of access to a principal nuclear facility at all times, it may perform inspections of which notice as required by paragraph 4 of the Inspectors Document need not be given, in so far as this is necessary for the effective application of safeguards. The actual procedures to implement these provisions shall be agreed upon between India and the Agency.
Initial Inspections of a Principal Nuclear Facility
61.
To verify that the construction of a principal nuclear facility is in accordance with the design reviewed by the Agency, an initial inspection or inspections of the facility may be carried out:
(a) As soon as possible after the facility has come under Agency safeguards, in the case of a facility already in operation; and
(b) Before the facility starts to operate, in other cases.
62.
The measuring instruments and operating characteristics of the facility shall be reviewed to the extent necessary for the purpose of implementing safeguards. Instruments that will be used to obtain data on the nuclear materials in the facility may be tested to determine their satisfactory functioning. Such testing may include the observation by inspectors of commissioning or routine tests by the staff of the facility, but shall not hamper or delay the construction, commissioning or normal operation of the facility.
Special Inspections
63. The Agency may carry out special inspections if:
(a) The study of a report indicates that such inspection is desirable; or
(b)

Any unforeseen circumstance requires immediate action.

The Board shall subsequently be informed of the reasons for and the results of each such inspection.

64.
The Agency may also carry out special inspections of substantial amounts of safeguarded nuclear material that are to be transferred outside the jurisdiction of India, for which purpose India shall give the Agency sufficient advance notice of any such proposed transfer.

B. SPECIAL PROCEDURES FOR REACTORS

Reports

65.
The frequency of submission of routine reports shall be agreed between the Agency and India, taking into account the frequency established for routine inspections. However, at least two such reports shall be submitted each year and in no case shall more than 12 such reports be required in any year.
Inspections
66. One of the initial inspections of a reactor shall if possible be made just before the reactor first reaches criticality.
67.

The maximum frequency of routine inspections of a reactor and of the safeguarded nuclear material in it shall be determined from the following table:

Whichever is the largest of: (a) Facility inventory (including loading); (b) Annual throughput; (c) Maximum potential annual production of special fissionable material (Effective kilograms of nuclear material) Maximum number of routine inspections annually

Up to 1 More than 1 and up to 5 More than 5 and up to 10 More than 10 and up to 15 More than 15 and up to 20 More than 20 and up to 25 More than 25 and up to 30 More than 30 and up to 35 More than 35 and up to 40 More than 40 and up to 45 More than 45 and up to 50 More than 50 and up to 55 More than 55 and up to 60 More than 60 0 1 2 3 4 5 6 7 8 9 10 11 12 Right of access at all times

68. The actual frequency of inspection of a reactor shall take account of:
(a) The fact that India possesses irradiated fuel reprocessing facilities:
(b) The nature of the reactor; and
(c) The nature and amount of the nuclear material produced or used in the reactor.
C.
SPECIAL PROCEDURES RELATING TO SAFEGUARDED NUCLEAR MATERIAL OUTSIDE PRINCIPAL NUCLEAR FACILITIES

Nuclear Material in Research and Development Facilities

Routine Reports

69.
Only accounting reports need be submitted in respect of nuclear material in research and development facilities. The frequency of submission of such routine reports shall be agreed between the Agency and India, taking into account the frequency established for routine inspections; however, at least one such report shall be submitted each year and in no case shall more than 12 such reports be required in any year.
Routine Inspections
70.
The maximum frequency of routine inspections of safeguarded nuclear material in a research and development facility shall be that specified in the table in paragraph 67 of this Agreement for the total amount of material in the facility.
Source Material in Sealed Storage
71.
The following simplified procedures for safeguarding stockpiled source material shall be applied if India undertakes to store such material in a sealed storage facility and not to remove it therefrom without previously informing the Agency.
Design of Storage Facilities
72.

India shall submit to the Agency information on the design of each sealed storage facility and agree with the Agency on the method and procedure for sealing it.

Routine Reports
73. Two routine accounting reports in respect of source material in sealed storage shall be submitted each year.
Routine Inspections
74. The Agency may perform one routine inspection of each sealed storage facility annually.
Removal of Material
75.
India may remove safeguarded source material from a sealed storage facility after informing the Agency of the amount, type and intended use of the material to be removed, and providing sufficient other data in time to enable the Agency to continue safeguarding the material after it has been removed.
Nuclear Material in Other Locations
76.
Except to the extent that safeguarded nuclear material outside of principal nuclear facilities is covered by any of the provisions set forth in paragraphs 69 to 75 of this Agreement, the following procedures shall be applied with respect to such material (for example, source material stored elsewhere than in a sealed storage facility, or special fissionable material used in a sealed neutron source in the field).
Routine Reports
77.
Routine accounting reports in respect of all safeguarded nuclear material in this category shall be submitted periodically. The frequency of submission of such reports shall be agreed between the Agency and India, taking into account the frequency established for routine inspections; however, at least one such report shall be submitted each year and in no case shall more than 12 such reports be required in any year.
Routine Inspections
78.
The maximum frequency of routine inspections of safeguarded nuclear material in this category shall be one inspection annually if the total amount of such material does not exceed five effective kilograms, and shall be determined from the table in paragraph 67 of this Agreement if the amount is greater.


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