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Amendment to Agreement for Co-operation concerning Civil Uses of Atomic Energy between the Government of Canada and the Government of the United States of America [1962] CATSer 7 (12 July 1962)

E100366 - 1962 No. 10

AMENDMENT TO AGREEMENT FOR CO-OPERATION CONCERNING CIVIL USES OF ATOMIC ENERGY BETWEEN THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA

The Government of Canada and the Government of the United States of America,

Desiring to amend the Agreement for Co-operation Concerning Civil Uses of Atomic Energy Between the Government of Canada and the Government of the United States of America signed at Washington on June 15, 1955 (hereinafter referred to as the “Agreement for Co-operation”), as amended by the Agreement signed at Washington on June 26, 1956, as modified by the Agreement signed at Washington on May 22, 1959, and as amended by the Agreement signed at Washington on June 11, 1960,

Agree as follows:

ARTICLE I

The first two sentences of Article VI A of the Agreement for Co-operation, as amended, are amended to read as follows:

“The Commission will sell, lease, or, subject to required governmental authorizations loan to Atomic Energy of Canada Limited, a wholly-owned corporation of the Government of Canada, under such terms and conditions as may be agreed, such quantities of uranium enriched in the isotope U-235 as may be required in the power reactor program in Canada during this period, subject to any limitations in connection with the quantities of such material available for such distribution by the Commission during any year, and subject to the limitation that the quantity of uranium enriched in the isotope U-235 of weapon quality under the jurisdiction of the Government of Canada by reason of transfer under this Agreement shall not, in the opinion of the Commission, be of military significance. It is agreed that the uranium enriched in the isotope U-235 which the Commission will sell, lease, or loan to Atomic Energy of Canada Limited under this Article will be limited to uranium enriched in the isotope U-235 up to a maximum of 20 percent U-235; provided, however, the Commission may, upon request and in its discretion, make a portion of the foregoing enriched uranium available under this Article at a higher enrichment when there is a technical or economic justification for such a transfer.”

ARTICLE II

The following new Article shall be inserted after Article VI of the Agreement for Co-operation, as amended:

“ARTICLE VI BIS
“Materials for Conversion or Fabrication

“In addition to transfers under Articles III and VI and subject to the limitations contained in Article VI A, the Commission may transfer to Atomic Energy of Canada Limited or Eldorado Mining and Refining Limited, wholly-owned Corporations of the Government of Canada, under such terms and conditions as may be agreed, special nuclear material for performance in Canada of conversion or fabrication services, or both, and subsequent return to the United States or transfer to another nation or group of nations with which the Government of the United States has an Agreement for Cooperation within the scope of which such subsequent transfer falls.”

ARTICLE III

Article XI C of the Agreement for Co-operation, as amended, is amended as follows:

1. The comma is deleted after the word “nation” as said word first appears and the phrase “or group of nations,” is inserted directly thereafter.

2. The period is deleted at the end of the paragraph and the phrase “or group of nations.” is added directly thereafter.

ARTICLE IV

Article XII B of the Agreement for Cooperation, as amended, is amended by deleting the period at the end of the paragraph and adding the phrase “or group of nations.” directly thereafter.

ARTICLE V

This Amendment shall enter into force on the date of receipt by the Government of Canada of a notification from the Government of the United States of America that all statutory and constitutional requirements of the Government of the United States of America for the entry into force of such Amendment have been complied with, and it shall remain in force for the period of the Agreement for Cooperation, as amended.

IN WITNESS WHEREOF, the undersigned, duly authorized, have signed this Amendment.

DONE at Washington, in duplicate, this twenty-fifth day of May, 1962.

C. S. A. Ritchie

FOR THE GOVERNMENT OF CANADA

Foy D. Kohler
Glenn T. Seaborg

FOR THE GOVERNMENT OF THE UNITED STATES OF AMERICA