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IV. AGENCY INSPECTORS

97.
The provisions of paragraphs 1 to 10 and 12 to 14, inclusive, of the Inspectors Document shall apply to Agency inspectors performing functions pursuant to this Agreement. However, paragraph 4 of the Inspectors Document shall not apply with regard to any facility or to nuclear material to which the Agency has access at all times. The actual procedures to implement paragraph 60 of this Agreement shall be agreed to between the Agency and India.
98.
The relevant provisions of the Agreement on the Privileges and Immunities of the Agency (INFCIRC/9/Rev.2) shall apply to the Agency, its inspectors performing functions under this Agreement and to any property of the Agency used by them in the performance of their functions under this Agreement.
V. PHYSICAL PROTECTION
99.
India shall take all suitable measures necessary for the physical protection of the facilities and nuclear material subject to this Agreement, taking into account the recommendations made in Agency's document INFCIRC/225/Rev.4, as may be amended from time to time.
VI. SYSTEM OF ACCOUNTING AND CONTROL
100.
India shall establish and maintain a system of accounting for and control of all items subject to safeguards under this Agreement, in accordance with provisions to be set out in the Subsidiary Arrangements.
VII. FINANCE
101.
India and the Agency shall each bear any expense incurred in the implementation of their responsibilities under this Agreement. The Agency shall reimburse India for any special expenses, including those referred to in paragraph 6 of the Inspectors Document, incurred by India or persons under its jurisdiction at the written request of the Agency, if India notified the Agency before the expense was incurred that reimbursement would be required. These provisions shall not prejudice the allocation of expenses attributable to a failure by either India or the Agency to comply with this Agreement.
102.
India shall ensure that any protection against third party liability, including any insurance or other financial security, in respect of a nuclear incident occurring in a facility under its jurisdiction shall apply to the Agency and its inspectors when carrying out their functions under this Agreement as that protection applies to nationals of India.
VIII. NON-COMPLIANCE
103.
If the Board determines in accordance with Article XII.C of the Statute of the Agency that there has been any non-compliance by India with this Agreement, the Board shall call upon India to remedy such non-compliance forthwith, and shall make such reports as it deems appropriate. In the event of failure by India to take full remedial action within a reasonable time, the Board may take any other measures provided for in Article XII.C of the Statute. The Agency shall promptly notify India in the event of any determination by the Board pursuant in this regard.
IX. COOPERATION, INTERPRETATION AND APPLICATION OF THE AGREEMENT AND SETTLEMENT OF DISPUTES
104.
The Agency and India shall cooperate to facilitate the implementation of this Agreement.
105.
At the request of either India or the Agency, there shall be consultations about any question arising out of the interpretation or application of this Agreement. India and the Agency shall endeavour to settle by negotiation any dispute arising from the interpretation or application of this Agreement. India shall have the right to request that any question arising out of the interpretation or application of the Agreement be considered by the Board. The Board shall invite India to participate in the discussion of any such question by the Board.
106.
In the event of any question or questions arising from the implementation of this Agreement, the Agency shall provide India with an opportunity to clarify and facilitate the resolution of such questions. The Agency shall not draw any conclusions in connection with the question or questions until India has had an opportunity to provide clarifications.
X. FINAL CLAUSES
107.
India and the Agency shall, at the request of either of them, consult about amending this Agreement.
108.
This Agreement shall enter into force on the date on which the Agency receives from India written notification that India's statutory and/or constitutional requirements for entry into force have been met.
109.
This Agreement shall remain in force until, in accordance with its provisions, safeguards have been terminated on all items subject to this Agreement, or until terminated by mutual agreement of the parties to this Agreement.
XI. DEFINITIONS
110. "Agency" means the International Atomic Energy Agency.
111. "Board" means the Board of Governors of the Agency.
112.
"Campaign" means the period during which the chemical processing equipment in a reprocessing plant is operated between two successive wash-outs of the nuclear material present in the equipment.
113.
"Conversion plant" means a facility (excepting a mine or ore-processing plant) to improve unirradiated nuclear material, or irradiated nuclear material that has been separated from fission products, by changing its chemical or physical form so as to facilitate further use or processing. The term conversion plant includes the facility's storage and analytical sections. The term does not include a plant intended for separating the isotopes of nuclear material.
114. "Director General" means the Director General of the Agency.
115. "Effective kilograms" means:
(i) In the case of plutonium, its weight in kilograms;
(ii)
In the case of uranium with an enrichment of 0.01 (1 %) and above, its weight in kilograms multiplied by the square of its enrichment;
(iii)
In the case of uranium with an enrichment below 0.01 (1 %) and above 0.005 (0.5 %), its weight in kilograms multiplied by 0.0001; and
(iv)
In the case of depleted uranium with an enrichment of 0.005 (0.5 %) or below, and in the case of thorium, its weight in kilograms multiplied by 0.00005.
116.
"Enrichment plant" means a plant for separating the isotopes of nuclear material.
117. "Facility" means, for the purposes of this Agreement:
(i)
A "principal nuclear facility", which means a reactor, a plant for processing nuclear material irradiated in a reactor, a plant for separating the isotopes of a nuclear material, a plant for processing or fabricating nuclear material (excepting a mine or ore-processing plant) or a facility or plant of such other type as may be designated by the Board from time to time, including associated storage facilities, as well as a critical facility or a separate storage installation;
(ii)
A research and development facility as defined in paragraph 127 of this Agreement;
(iii)
Any location where nuclear material in amounts greater than one effective kilogram is customarily used;
(iv)
A plant for the upgrading of heavy water or a separate storage installation for heavy water.
118.
"Fuel fabrication plant" means a plant to manufacture fuel elements or other components containing nuclear material and includes the plant's storage and analytical sections.
119. "Improved" means, with respect to nuclear material, that either:
(i) The concentration of fissionable isotopes in it has been increased; or
(ii)
The amount of chemically separable fissionable isotopes in it has been increased; or
(iii)
Its chemical or physical form has been changed so as to facilitate further use or processing.
120.
"Inspector" means an Agency official designated in accordance with the Inspectors Document.
121.
"Inspectors Document" means the Annex to the Agency's document GC(V)/INF/39.
122.
"Nuclear material" means any source or special fissionable material as defined in Article XX of the Statute.
123.
"Produced, processed or used" means any utilization or any alteration of the physical or chemical form or composition, including any change of the isotopic composition, of nuclear material;
124.
"Project agreement" means a safeguards agreement relating to an Agency project and containing provisions as foreseen in Article XI.F.4.(b) of the Statute.
125.
"Reactor" means any device in which a controlled, self-sustaining fission chain-reaction can be maintained.
126.
"Reprocessing plant" means a facility to separate irradiated nuclear materials and fission products, and includes the facility's head-end treatment section and its associated storage and analytical sections. This term is synonymous with the term "a plant for processing nuclear material irradiated in a reactor" which is used in paragraph 117 of this Agreement.
127.
"Research and development facility" means a facility, other than a principal nuclear facility, used for research or development in the field of nuclear energy.
128. "Statute" means the Statute of the Agency.
129. "Throughput" means the rate at which nuclear material is introduced into a facility operating at full capacity.
130. "Unilaterally submitted" means submitted by India to Agency safeguards.

DONE at Vienna, on the.......................... day of..................2008, in duplicate,
in the English language.

For the GOVERNMENT OF INDIA: For the INTERNATIONAL ATOMIC ENERGY AGENCY:

ANNEX

LIST OF FACILITIES SUBJECT TO SAFEGUARDS UNDER THE AGREEMENT BETWEEN THE GOVERNMENT OF INDIA AND THE INTERNATIONAL ATOMIC ENERGY AGENCY FOR THE APPLICATION OF SAFEGUARDS TO CIVILIAN NUCLEAR FACILITIES

 
FACILITY OFFERED FOR SAFEGUARDS BY INDIA
DATE OF RECEIPT OF NOTIFICATION
     
     
     


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