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ARTICLE V ADDITIONAL MEASURES

ARTICLE V
ADDITIONAL MEASURES

 

1. The Executive Agent of the Russian Federation shall ensure that the quality of LEU derived from HEU subject to this Agreement is such that it is convertible to LEU usable in commercial reactors. Specifications shall be agreed upon in the process of negotiating the initial and subsequent implementing contracts.

2. The conversion of HEU subject to this Agreement shall commence as soon as possible after the entry into force of the initial implementing contract.

3. The Parties shall, to the extent practicable, seek to arrange for more rapid conversion of HEU to LEU than that provided for in Article II (2) (iii).

4. The United States of America shall use LEU acquired pursuant to this Agreement and its implementing contracts and agreements, when subject to United States jurisdiction and control, for peaceful purposes only.

5. LEU acquired by the United States of America pursuant to this Agreement, and implementing contracts and agreements related to it, shall be subject to safeguards in accordance with the November 18, 1977, Agreement Between the United States of America and the International Atomic Energy Agency (IAEA) for the Application of Safeguards in connection with the Treaty on the Non-Proliferation of Nuclear Weapons.

6. The Parties shall maintain physical protection of HEU and LEU subject to this Agreement. Such protection shall, at a minimum, provide protection comparable to the recommendation set forth in IAEA document INFCIRC/225/REV.2 concerning the physical protection of nuclear material.

7. If the Parties enter into an agreement for cooperation concerning the peaceful uses of nuclear energy, nuclear material acquired by the United States of America pursuant to this Agreement and its implementing contracts and agreements, when subject to United States jurisdiction or control, shall be subject to the terms and conditions of that Agreement for cooperation.

8. The activities of the United States Government under this Agreement, or any implementing contract or agreement, shall be subject to the availability of United States Government funds.

9. In the event the United States Government does not have funds available for implementation of this Agreement, the Executive Agent of the Russian Federation reserves the option to obtain funding for implementation of this Agreement from any private United States company.

10. Prior to the conclusion of any implementing contract, the Parties shall establish transparency measures to ensure that the objectives of this Agreement are met, including provisions for nuclear material accounting and control and access, from the time that HEU is made available for conversion until it is converted into LEU. Specific transparency measures shall be established in the same time frame as the negotiation of the initial implementing contract, and shall be executed by a separate agreement.

11. Prior to the conclusion of any implementing contract, the Parties shall agree on appropriate governing provisions for entry and exit, liability, and status of personnel, exemptions for taxes and other duties, and applicable law.

12. The Executive Agent of the United States of America shall use the LEU converted from HEU in such a manner so as to minimize disruptions in the market and maximize the overall economic benefit for both Parties. This Agreement shall have no effect on contracts between Russian enterprises and United States companies for the delivery of uranium products which are currently in force and consistent with United States and Russian law.

13. This Agreement places no limitations on the right of the Russian Federation to dispose of LEU derived from HEU extracted from nuclear weapons resulting from the reduction of nuclear weapons pursuant to arms control agreements and other commitments of the Parties beyond the specific commitments set forth herein.