Guidelines For Nuclear Transfers

GUIDELINES FOR NUCLEAR TRANSFERS
 
1.          The following fundamental principles for safeguards and export controls should apply to nuclear
             transfers for peaceful purposes to any non-nuclear-weapon State and, in the case of controls on
             retransfer, to transfers to any State. In this connection, suppliers have de£med an export trigger list.
 Prohibition on nuclearexplosives
 2.          Suppliers should authorize transfer of items or related technology identified in the trigger list only upon
             formal governmental assurances from recipients explicitly excluding uses which would result in any
             nuclear explosive device.
 Physical protection
 3.          (a)     All nuclear materials and facilities identified by the agreed trigger listshould be placed under
                       effective physical protection to prevent unauthorized use and handling. The levels of physical
                       protection to be ensured in relation to the type of materials, equipment and facilities, have been
                       agreed by the suppliers, taking account of intemational recommendations.
              (b)    The implementationof measures of physical protection in the recipient country is the
                      responsibility of the Government of that country. However, in order to implement the terms
                      agreed upon amongst suppliers, the levels of physical protection on which these measures have
                      to be based should be the subject of an agreement between supplier and recipient.              (c)     In each case special arrangements should be made for a clear definition of responsibilities for
                      the transport of trigger list items.
 Safeguards
 4.          (a)        Suppliers should transfer trigger list items or related technology to a non-nuclear-weapon State
                          only when the receiving State has brought into force anagreement with the IAEA requiting the
                          application of safeguards on all source and special fissionable material in its current and future
                          peaceful activities.
              (b)       Transfers covered by paragraph 4 (a) to a non-nuclear-weapon State without such a safeguards
                          agreement should be authorized only in exceptionalcases when they are deemed essential for
                          the safe operation of existing facilities and if safeguards are applied to those facilities.
                          Suppliers should inform and, if appropriate, consult in the event that they intend to authorize or
                          to deny such transfers.
              (c)      The policy referred to in paragraph 4(a) and 4 (b) does not apply to agreements or contracts
                          drawn up on or prior to April 3, 1992. In case of countries that have adhered or will adhere to
                          INFCIRC/254/Rev. 1/Part 1 later than April 3, 1992, the policy only applies to agreements (to
                          be) drawn up after their date of adherence.
              (d)       Underagreements to which the policy referred to in paragraph 4 (a) does not apply (see
                          paragraphs 4 (b) and (c)) suppliers should transfer trigger list items or related technology only
                          when covered by IAEA safeguards with duration and coverage provisions in conformity with
                          IAEA doc. GOV/1621. However, suppliers undertake tostrive for the earliest possible
                          implementation of the policy referred to in paragraph 4 (a) under such agreements.
              (e)        Suppliers reserve the fight to apply additional conditions of supply as a matter of national
                          policy.
 5.     Suppliers will jointly reconsider their common safeguards requirements, whenever appropriate....