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Exchange of Notes between the Government of Canada and the Government of Japan constituting an Agreement concerning Reprocessing and Storage and Use of Plutonium [1983] CATSer 12 (14 April 1983)

E100342 - CTS 1983 No. 13

EXCHANGE OF NOTES BETWEEN THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF JAPAN CONSTITUTING AN AGREEMENT CONCERNING REPROCESSING AND STORAGE AND USE OF PLUTONIUM

I

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

OTTAWA, April 14, 1983

LAE-0533

His Excellency Kiyohisa Mikanagi,
Ambassador of Japan,
Ottawa

Excellency,

I have the honour to refer to the Agreement between the Government of Canada and the Government of Japan for Cooperation in the Peaceful Uses of Atomic Energy signed at Ottawa on July 2, 1959 as amended by the Protocol signed at Tokyo on August 22, 1978 (hereinafter referred to as "the Amended Agreement"), and in particular to paragraphs 1 and 2 of Article III thereof that provide in part that identified material shall not be transferred beyond the jurisdiction of either Contracting Party without the prior written consent of the other Contracting Party and that identified material shall not be reprocessed within the jurisdiction of the recipient Contracting Party, and plutonium which is identified material shall not be stored within the jurisdiction of the recipient Contracting Party, without the prior written consent of the supplying Contracting Party.

PART I

1. Officials of our two Governments have held discussions on issues relating to reprocessing and storage and use of the derived plutonium, in the light of the relevant findings of the International Nuclear Fuel Cycle Evaluation (INFCE). As a result of these discussions, guidelines for general application emerged to which our two Governments can subscribe and lend support. These guidelines are summarized as follows:

(a) An effective commitment to nuclear non-proliferation should have been made and should continue to be maintained by the governments within whose jurisdiction reprocessing and storage and use of plutonium are to take place;

(b) All nuclear material subject to a peaceful uses commitment in the facilities involved in reprocessing and storage and use of plutonium should be subject to IAEA safeguards;

(c) All nuclear material in the facilities involved in reprocessing and storage and use of plutonium as well as transportation of nuclear material between those facilities should be subject to appropriate measures of physical protection along the lines of the relevant provisions contained in IAEA document INFCIRC/254 of February 1978;

(d) There should be in place between the governments concerned mutually satisfactory notification and material reporting procedures;

(e) Where reprocessing and storage and use of plutonium are envisaged, there should have been made available by the government concerned a description of the current and planned nuclear energy programme, together with a detailed description of the policy, legal and regulatory elements relevant to reprocessing and storage and use of plutonium;

(f) There should be periodic and timely consultations between the governments concerned at which, inter alia, the description of the current and planned nuclear energy programme referred to in (e) above would be up-dated as appropriate and significant changes to the described nuclear energy programme would receive the fullest possible consideration;

(g) Reprocessing and storage and use of plutonium should only take place when the description of the current and planned nuclear energy programme referred to in (e) above has been made available, when the measures envisaged in the present guidelines are taken, and when such reprocessing and storage and use are an integral part of the described nuclear energy programme; where reprocessing, or storage or use of plutonium is not an integral part of the described nuclear energy programme, it should take place only when the governments concerned, after prompt consultation, have so concluded;

(h) Reprocessing and storage and use of plutonium should only take place as long as the commitment to nuclear non-proliferation of the government within whose jurisdiction they are to take place does not change and as long as periodic and timely consultations referred to in (f) above continue to take place.

2. (a) I note that our two Governments acknowledge that the separation, storage, transportation and use of plutonium require particular care to reduce the risk of nuclear proliferation and that support should be given to improving international safeguards and other nuclear non­-proliferation measures relevant to reprocessing and plutonium. I further note, particularly in the context of significant nuclear energy programmes, that our two Governments recognize the role of reprocessing in connection with the maximum utilization of available resources, the management of spent fuel, and other peaceful non-explosive uses of nuclear energy including research.

(b) I also note that our two Governments desire the predictable and practical implementation of the relevant provisions of the Amended Agreement, taking into account both their determination to ensure the furtherance of the objective of nuclear non-proliferation and the long-term requirements of the nuclear energy programmes of their respective countries.

(c) I further note that the Amended Agreement is in force between our two Governments and that both Canada and Japan are parties to the Treaty on the Non-Proliferation of Nuclear Weapons. I therefore acknowledge that the Government of Japan has made an effective commitment to nuclear non-proliferation and has placed all nuclear material under IAEA safeguards and under appropriate levels of physical protection, that mutually satisfactory notification and material reporting procedures have been worked out, notably through the Joint Working Group established under an Exchange of Notes between the two Governments dated August 22, 1978 which was effected in connection with the above-mentioned Protocol, that a description of the current and planned nuclear energy programme of Japan has been made available, and that the Amended Agreement provides for consultations that have been held and will continue to be held on a periodic and timely basis. I note accordingly that our two Governments are in agreement that the objectives of the guidelines above have been met.

PART II

In view of the above, I have the honour to propose, on behalf of the Government of Canada, the following:

1. Subject to the provisions of paragraph 3 below, the Government of Canada hereby gives the consent referred to in paragraph 2 of Article III of the Amended Agreement for the reprocessing within the jurisdiction of the Government of Japan of identified material and for the storage within the jurisdiction of the Government of Japan of plutonium which is identified material as well as the consent referred to in paragraph 1 of Article III of the Amended Agreement for the transfer beyond the jurisdiction of the Government of Japan of identified material for its reprocessing.

2. Subject to the provisions of paragraph 3 below, the Government of Canada hereby confirms:

(a) that the reprocessing in a third country of identified material transferred from Japan may take place; and

(b) that the retransfer to Japan from that third country of such identified material may take place after reprocessing.

3. The provisions of paragraphs 1 and 2 of this Part shall only apply:

(a) where the reprocessing, storage, transfer or retransfer in question takes place within the framework of the description of the current and planned nuclear energy programme of Japan up-dated as necessary by the Government of Japan;

(b) as long as the Amended Agreement remains in force and the Treaty on the Non-Proliferation of Nuclear Weapons is in force in respect of Japan;

(c) as long as the consultations on matters arising out of the application of the Amended Agreement continue to take place on a timely basis, these consultations being intended, inter alia, as a forum for up-dating on a regular basis, and for providing information on any significant changes relevant to, the description of the current and planned nuclear energy programme of Japan;

(d) provided that, in the case of a transfer beyond the jurisdiction of the Government of Japan to a third country or group of countries of identified material for its reprocessing, the identified material in question will be subject to a nuclear cooperation agreement between Canada and that third country or group of countries and an agreement regarding toll reprocessing exists between Canada and that third country or group of countries.

4. As regards the prior consent of the Government of Canada under paragraphs 1 and 2 of Article III of the Amended Agreement for reprocessing, storage and transfer of identified material that falls outside the framework of the description of the current and planned nuclear energy programme of Japan, the Government of Canada, at the request of the Government of Japan, shall enter into consultations provided for in the Amended Agreement. These consultations shall occur within 40 days of the request.

If the foregoing is acceptable to the Government of Japan, I have further the honour to propose that Part II of the present Note, which is authentic in English and French, and Your Excellency's reply to that effect shall be regarded as constituting an agreement between our two Governments, which shall enter into force on the date of Your Excellency's reply.

I avail myself of this opportunity to extend to Your Excellency the assurance of my highest consideration.

Allan J. MacEachen

Secretary of State for External Affairs

II

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

(Translation)

OTTAWA, April 14, 1983

The Honourable Allan MacEachen,
Secretary of State for External Affairs,
Ottawa

Sir,

I have the honor to acknowledge receipt of the following Note of today's date, which reads as follows:

"(See Canadian Note of April 14, 1983)"

I also have the honor to confirm that the proposition put in Part Two of the Note of Your Excellency is acceptable by the Government of Japan, to regard Part Two of the Note of Your Excellency and this reply as constituting an Agreement between our two Governments, and to accept that the Agreement shall enter into effect on the day shown in the date of this reply. I also have the honor to state that the Government of Japan approves and supports the guidelines given in Part One, 1 of the Note of Your Excellency and that Part Two, 2 of the same Note reflects accurately the understanding of the Government of Japan.

Accept, Sir, the assurances of my highest consideration.

Kiyohisa Mikanagi

Ambassador