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Agreement between the Government of Canada and the Government of Japan for Co-operation in the Peaceful Uses of Atomic Energy [1960] CATSer 6 (27 July 1960)

E100345 - CTS 1960 No. 15

AGREEMENT BETWEEN THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF JAPAN FOR CO-OPERATION IN THE PEACEFUL USES OF ATOMIC ENERGY

The Government of Canada and the Government of Japan, conscious of the many benefits, including the increase of energy supplies, the raising of agricultural and industrial production, the wider availability of knowledge and means to combat disease, and the assistance of research directed to wholesome and fruitful purposes, which the application of atomic energy to peaceful uses may be expected to provide,

Desiring to accelerate and enlarge the contribution which the development of atomic energy can make to the welfare and prosperity of their peoples,

Recognizing the advantages to them both of effective co-operation in the promotion and development of the peaceful uses of atomic energy,

Intending, therefore, to co-operate with one another to these ends,

Have agreed as follows:

ARTICLE I

1. The co-operation intended by this Agreement relates to the peaceful uses of atomic energy and includes:

(a) The supply of unclassified information including that relating to:

(i) Research and development;

(ii) Problems of health and safety;

(iii) Equipment and facilities (including the supply of designs, drawings and specifications); and

(iv) Uses of equipment, facilities, materials, source material, special nuclear material and fuel;

(b) The supply of equipment, facilities, materials, source material, special nuclear material and fuel;

(c) Transfer of patent rights;

(d) Access to and use of equipment and facilities;

(e) The rendering of technical assistance and services.

2. The co-operation envisaged in this Article shall be effected on terms and conditions to be agreed and in accordance with the laws, regulations and licensing requirements in force in Canada and in Japan respectively.

3. Each Contracting Party shall be responsible towards the other for ensuring that the provisions of this Agreement are accepted and complied with by all of its governmental enterprises, and by all persons under its jurisdiction, to which authorization has been granted by or pursuant to this Agreement.

ARTICLE II

1. The Contracting Parties shall, to such extent as is practicable, assist each other on matters within the scope of this Agreement. They shall encourage and facilitate co-operation between their governmental enterprises and persons under their jurisdiction, on matters within the scope of this Agreement.

2. Either Contracting Party, its governmental enterprises or persons under its jurisdiction may supply to or receive from the other Contracting Party or governmental enterprises, or persons under the jurisdiction of either Contracting Party, information on matters within the scope of this Agreement.

3. Governmental enterprises, and persons under the jurisdiction, of either Contracting Party may, with the general or specific authorization of their Government, supply to or receive from the other Contracting Party, its governmental enterprises or authorized persons under its jurisdiction, equipment, facilities, materials, source material, special nuclear material and fuel, on commercial terms or as otherwise agreed.

4. Governmental enterprises, and persons under the jurisdiction, of either Contracting Party may, with the general or specific authorization of their Government if required, deal directly with, and perform or receive services for or from the other Contracting Party, its governmental enterprises or authorized persons under its jurisdiction on matters within the scope of this Agreement.

ARTICLE III

Any supply pursuant to this Agreement shall be subject to the provisions of this Agreement and, in particular, to the following conditions:

(a) Information obtained by either Contracting Party pursuant to this Agreement may be transferred to a third party, unless otherwise specified at or before the time of supply;

(b) (i) Unless otherwise specified by the supplying Contracting Party at or before the time of initial supply, equipment and materials obtained pursuant to this Agreement, and identified material, may be transferred to governmental enterprises of the recipient Contracting Party and persons under the jurisdiction of the said Contracting Party subject, however, to the specific authorization of the latter;

(ii) Equipment (other than nuclear reactors) and materials obtained pursuant to this Agreement shall not be transferred beyond the jurisdiction of the recipient Contracting Party, if so specified by the supplying Contracting Party at or before the time of initial supply;

(iii) Identified material and nuclear reactors obtained pursuant to this Agreement shall not be transferred beyond the jurisdiction of the recipient Contracting Party without the prior written consent of the supplying Contracting Party;

(c) Source material, special nuclear material or fuel shall be supplied subject to the granting of an option to the supplying Contracting Party to purchase for use for peaceful purposes only any quantity of special nuclear material derived from the use of identified material as may be in excess of the quantities needed for the use of the recipient Contracting Party, its governmental enterprises or persons under its jurisdiction;

(d) Source material, special nuclear material and fuel obtained pursuant to this Agreement shall not be processed or altered in form or content after irradiation except as authorized in writing by the supplying Contracting Party, and processing and alteration so authorized shall be effected in facilities acceptable to the supplying Contracting Party;

(e) Representatives of the Contracting Parties shall consult with each other on the matter of precautions with which identified material is to be secured.

ARTICLE IV

Until such time as the relevant safeguards are administered by the International Atomic Energy Agency as envisaged in paragraph 3 of this Article, each supplying Contracting Party shall be permitted to assure itself that the provisions of this Agreement are complied with and, in particular, that identified material is being used for peaceful purposes only, and to that end the supplying Contracting Party shall have the right to:

(a) Examine the design of equipment (including nuclear reactors) or facilities in which identified material is to be used or stored, with a view to ensuring that such identified material will not further any military purpose and that effective application of the safeguards provided for in this Agreement shall be feasible;

(b) Require the maintenance and production of adequate records to assist in ensuring accountability for identified material, and call for and receive periodic reports based on such records;

(c) Satisfy itself that the means to be used for the chemical processing of identified material after irradiation will not lend themselves to diversion of identified material to military use;

(d) Send representatives, designated by it after consultation with the other Contracting Party, into the territory under the jurisdiction of the latter, which representatives shall have access at all times to all places, equipment and facilities where identified material is used, stored or located, to all data relating to such identified material, and to all persons who by reason of their occupation deal with such identified material or such data, as may be necessary to account for all identified material and to determine whether such identified material is being used for peaceful purposes only. Such representatives, provided they shall not thereby be delayed or otherwise impeded in the exercise of their functions, shall be accompanied by representatives of the other Contracting Party if the latter so requests.

2. Subject to their responsibilities to their respective governments pursuant to the provisions of this Article, representatives and other officials of either Contracting Party who by reason of their official duties arising from the provisions of this Article might acquire any industrial secret or other confidential information shall not make any disclosure of such information.

3. It being the intention of the Contracting Parties to avail themselves, as soon as practicable, of the safeguards facilities created by the International Atomic Energy Agency, the Contracting Parties may, in respect of this Agreement, request the said Agency to apply, in such respects and to such extent as the Contracting Parties may from time to time agree, safeguards in accordance with Article XII of the Statute of the said Agency. Consultations looking to such agreement shall take place upon the request of either Contracting Party.

4. Each Contracting Party, if it has determined that identified material is furthering a military purpose, shall have the right to call upon the other Contracting Party to take corrective steps and, in case such steps are not taken within a reasonable time, shall have the right to suspend or cancel scheduled delivery of source material, special nuclear material and fuel, and to require the return of all identified material under the control or within the jurisdiction of the other Contracting Party.

ARTICLE V

1. There shall be excluded from the scope of this Agreement:

(a) The supply of information, equipment, facilities, or materials, and access to equipment or facilities considered by a Contracting Party as primarily of military significance, and the employment for any military purpose of information, equipment, facilities or materials obtained pursuant to this Agreement or identified material;

(b) The supply of information and the transfer of proprietary or patent rights received from a third party under terms preventing such supply or transfer;

(c) The supply of information developed or owned by, and the transfer of proprietary or patent rights owned by, persons under the jurisdiction of the supplying Contracting Party unless with the consent of and under terms to be specified by such persons;

(d) The supply of information regarded by the supplying Contracting Party as being of commercial value unless under terms specified by the said Contracting Party.

2. Unless otherwise specified at the time of transmission nothing in this Agreement shall be interpreted as imposing any responsibility with regard to the accuracy of any information supplied pursuant to this Agreement, or with regard to the suitability for any particular use or to the accuracy of specifications of equipment, facilities, materials, source material, special nuclear material or fuel supplied pursuant to this Agreement.

ARTICLE VI

Representatives of the Contracting Parties shall consult with each other from time to time on matters arising out of the application of this Agreement.

ARTICLE VII

For the purpose of this Agreement, except as otherwise specified therein:

(a) “Equipment” means any apparatus, device, or machine of particular utility in research, development, use, processing or storage relating to atomic energy activities;

(b) “Facilities” means all plants, buildings, or structures containing or incorporating equipment as defined in paragraph (a) of this Article, or otherwise particularly suited or used for atomic energy activities;

(c) “Materials” means all radioactive substances, all other substances of special applicability to or importance in atomic energy activities (such as heavy water and zirconium), and such other substances as may be agreed between the Contracting Parties; but materials shall not include identified material as defined in paragraph (g) of this Article;

(d) “Source material” means uranium containing the mixture of isotopes occurring in nature; uranium depleted in the isotope 235; thorium; any of the foregoing in the form of metal, alloy, chemical compound or concentrate; any other material containing one or more of the foregoing in such concentration as may be agreed between the Contracting Parties; and such other material as may be agreed between the Contracting Parties;

(e) “Special nuclear material” means plutonium; uranium-233; uranium-235; uranium enriched in the isotopes 233 or 235; any material containing one or more of the foregoing; and such other material as may be agreed between the Contracting Parties; but the term “special nuclear material” shall not include source material;

(f) “Fuel” means source material or special nuclear material or both when intended or suitable in form and quantity for introduction into a nuclear reactor to assist in producing or maintaining a nuclear chain reaction;

(g) “Identified material” means source material, special nuclear material or fuel obtained pursuant to this Agreement, or special nuclear material derived from the use of source material, special nuclear material or fuel obtained pursuant to this Agreement or produced in a nuclear reactor obtained pursuant to this Agreement;

(h) “Governmental enterprises” means Atomic Energy of Canada Limited and Eldorado Mining and Refining Limited, as for the Government of Canada, and such other enterprises under the jurisdiction of either Government as may be agreed between the Contracting Parties;

(i) “Persons” means individuals, firms, corporations, companies, partnerships, associations and other entities private or governmental, and their respective agents and local representatives; but the term “persons” shall not include governmental enterprises as defined in paragraph (h) of this Article;

(j) “Unclassified information” means information not bearing the security classification of “confidential”, “secret” or “top secret”.

ARTICLE VIII

1. This Agreement shall be approved by each Contracting Party in accordance with its legal procedures and shall enter into force upon the date of Exchange of Notes indicating such approval.

2. This Agreement shall remain in force for a period of ten years, and thereafter until six months after notice of termination has been given by either Contracting Party to the other, unless such notice has been given six months prior to the expiry of the said period of ten years.

IN WITNESS WHEREOF the undersigned, duly authorized for this purpose by their respective Governments, have signed this Agreement and have affixed hereunto their seals.

DONE in duplicate at Ottawa this 2nd day of July, one thousand nine hundred and fifty-nine, in the English and Japanese languages, both texts being equally authentic.

Howard C. Green

FOR THE GOVERNMENT OF CANADA

Toru Hagiwara

FOR THE GOVERNMENT OF JAPAN

AGREED MINUTES RELATING TO THE AGREEMENT BETWEEN THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF JAPAN FOR CO-OPERATION IN THE PEACEFUL USES OF ATOMIC ENERGY

At the final meeting held on July 2nd, 1959, between the representatives of the Government of Canada and the Government of Japan to draw up an Agreement for co-operation in the peaceful uses of atomic energy, the following understandings were reached between the representatives of the two Governments:

(1) That, while the Agreement imposes no responsibility on either Government or its governmental enterprises in respect of the matters referred to in Article V 2 of the Agreement, their Government or governmental enterprises, as the case might be, would exercise their best efforts to ensure that any information and any equipment, facilities, materials, source material, special nuclear material and fuel supplied by them pursuant to the Agreement would be free from inaccuracies or defects;

(2) That adequate measures in respect to third party liability are necessary for supplying fuel and that, pending the adoption of mutually satisfactory arrangements in respect of third party liability, ad hoc arrangements may be required for any fuel supply transactions;

(3) That, in the case of return of identified material as envisaged in Article IV 4 of the Agreement, representatives of both Governments shall consult with each other regarding an appropriate settlement to be made for the value of the returned material;

(4) (a) That should the practical application of the provisions contained in Article III (b) (ii), Article III (c), Article III (d), Article IV 1 or Article IV 4 of the Agreement result in any conflict with similar provisions in the Statute of the International Atomic Energy Agency, the Agreement between the Government of Japan and the Government of the United Kingdom of Great Britain and Northern Ireland for co-operation in the peaceful uses of atomic energy, signed in London on June 16, 1958, or the Agreement between the Government of Japan and the Government of the United States of America for co-operation concerning civil uses of atomic energy signed at Washington on June 16, 1958, consultations will be arranged among the parties concerned to conclude a satisfactory arrangement for the settlement of any such conflict;

(b) Failure of the recipient Contracting Party to comply with the provisions of Article III (b) (iii), Article III (c), Article III (d), Article IV 1 or Article IV 4 to such extent or in such manner as may reasonably be regarded as incident to or arising out of disagreement among the other parties concerned with regard to the settlement of such conflict shall not be construed as constituting a breach of the Agreement.

(5) That, in any case where the option to purchase special nuclear material derived from the use of identified material is exercised by the supplying Contracting Party in accordance with Article III(c) of the Agreement, the safeguards provided for in Article IV of the Agreement would apply to the material thus purchased after the return of such material to the Contracting Party which had exercised its right to option under the Agreement.

Howard C. Green

FOR THE GOVERNMENT OF CANADA

Toru Hagiwara

FOR THE GOVERNMENT OF JAPAN

PROTOCOL

At the time of signing the Agreement between the Government of Canada and the Government of Japan for Co-operation in the Peaceful Uses of Atomic Energy (hereinafter referred to as “the Agreement”), the undersigned, duly authorized by their respective Governments, have further agreed on the following provisions, which shall be considered an integral part of the Agreement;

The provisions of the Agreement shall apply to any source material which is supplied from Canada to the Japan Atomic Fuel Corporation, as authorized by the Government of Japan, after the date of signature of the Agreement and prior to the date of entry into force thereof.

IN WITNESS WHEREOF the undersigned have signed this protocol and have affixed hereunto their seals.

DONE in duplicate at Ottawa this 2nd day of July, one thousand nine hundred and fifty-nine, in the English and Japanese languages, both texts being equally authentic.

Howard C. Green

FOR THE GOVERNMENT OF CANADA

Toru Hagiwara

FOR THE GOVERNMENT OF JAPAN

I

The Ambassador of Japan to Canada to the Secretary of State for External Affairs

EMBASSY OF JAPAN

OTTAWA, July 27, 1960

The Honourable Howard C. Green
Secretary of State for External Affairs
Ottawa

Sir,

I have the honour to refer to paragraph I of Article VIII of the Agreement between the Government of Japan and the Government of Canada for Co-operation in the Peaceful Uses of Atomic Energy signed at Ottawa on July 2, 1959, which provides that the Agreement shall be approved by each Contracting Party in accordance with its legal procedures and shall enter into force upon the date of exchange of Notes indicating such approval.

I have the honour to notify you, Sir, that the Government of Japan has approved the Agreement in accordance with its legal procedures. The Agreement shall accordingly enter into force on the date of your Note notifying the approval of the Agreement by the Government of Canada.

Accept, Sir, the renewed assurances of my highest consideration.

Toru Hagiwara,

Ambassador

II

The Secretary of State for External Affairs to the Ambassador of Japan to Canada

DEPARTMENT OF EXTERNAL AFFAIRS
CANADA

OTTAWA, July 27, 1960

No. 43

His Excellency Toru Hagiwara
Ambassador of Japan
Ottawa

Excellency,

I have the honour to acknowledge receipt of your Excellency’s Note of July 27, 1960, in which Your Excellency has informed me that the Agreement between the Government of Canada and the Government of Japan for Co-operation in the Peaceful Uses of Atomic Energy signed at Ottawa on July 2, 1959, has been approved by the Government of Japan in accordance with its legal procedures.

The aforesaid Agreement having been approved by the Government of Canada, it is understood that Your Excellency’s Note and this Note have the effect of bringing the Agreement into force on this date in accordance with paragraph I of Article VIII thereof.

Accept, Excellency, the renewed assurances of my highest consideration.

Howard C. Green,

Secretary of State for External Affairs