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Exchange of Notes between the Government of Canada and the Government of the Republic of Korea constituting an Agreement with regard to Article III.2 of the Atomic Energy Agreement signed on January 26, 1976 [1989] CATSer 15 (23 June 1989)

E101769 - CTS 1989 No. 39

EXCHANGE OF NOTES BETWEEN THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF THE REPUBLIC OF KOREA CONSTITUTING AN AGREEMENT WITH REGARD TO ARTICLE III.2 OF THE ATOMIC ENERGY AGREEMENT SIGNED ON JANUARY 26, 1976

I

The Ambassador of Canada to the Minister of Foreign Affairs of the Republic of Korea

CANADIAN EMBASSY

SEOUL, June 23, 1989

H.E. Mr. Choi Ho-Joong
Minister of Foreign Affairs
Seoul

Excellency:

I have the honour to refer to the Agreement between the Government of Canada and the Government of the Republic of Korea for Cooperation in the Development and Application of Atomic Energy for Peaceful Purposes signed at Seoul on January 26, 1976 (hereinafter referred to as "the Agreement").

1. With regard to Article III.2 (a) of the Agreement providing that "equipment, material, nuclear material and facilities referred to in paragraph 1 of Article V shall not be transferred beyond the jurisdiction of the Party within whose territory such an item is located without the prior written consent of the other Party", I have the honour to propose the following:

(a) In the case of natural uranium, depleted uranium, other source material, uranium enriched to 20% or less in the isotope U-235 and heavy water, Canada hereby provides its consent to the future transfer of such items by the Republic of Korea beyond its territorial jurisdiction to third parties provided that:

(i) such third parties have been identified as acceptable by Canada in writing from time to time;

(ii) the Republic of Korea, for each such transfer, inform the third party that the nuclear material and material transferred is subject to the Agreement; and

(iii) administrative procedures acceptable to both Parties relating to such transfers have been established by the appropriate governmental authorities.

(b) Transfers other than those transfers referred to in (a) above shall continue to require the written consent of the Parties prior to the transfer.

2. (a) Further to Article III.2 (a) of the Agreement, Canada hereby provides its consent for the transfer beyond the territorial jurisdiction of the Republic of Korea, in any given period of 12 months, to any State Party to the Treaty on the Non-Proliferation of Nuclear Weapons, of the following nuclear materials and quantities :

(i) special fissionable material (up to 50 effective grams);

(ii) natural uranium (up to 500 kilograms);

(iii) depleted uranium (up to 1000 kilograms); and

(iv) thorium (up to 1000 kilograms).

(b) The appropriate governmental authorities shall establish administrative procedures for the purpose of reviewing the implementation of this paragraph.

3. Nuclear material and material transferred to the Republic of Korea from a third party which has identified the nuclear material and material as being subject to a nuclear cooperation agreement with Canada shall be deemed to be supplied pursuant to the Agreement and shall be subject to the provisions of this Note.

I have the honour to propose that, if the foregoing is acceptable to the Government of the Republic of Korea, this Note, which is authentic in English and French, together with Your Excellency’s reply to that effect, shall constitute an Agreement between our two Governments concerning the application of the Agreement and shall enter into force on the date of your reply.

Accept, Excellency, the assurances of my highest consideration.

Yours sincerely,

Brian Schumacher

Ambassador

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The Minister of Foreign Affairs of the Republic of Korea to the Ambassador of Canada

MINISTRY OF FOREIGN AFFAIRS REPUBLIC OF KOREA

SEOUL, June 23, 1989

His Excellency Brian Schumacher
Ambassador of Canada

I have the honour to acknowledge the receipt of Your Excellency’s Note of June 23, 1989 which reads as follows:

“I have the honour to refer to the Agreement between the Government of Canada and the Government of the Republic of Korea for Cooperation in the Development and Application of Atomic Energy for Peaceful Purposes signed at Seoul on January 26, 1976 (hereinafter referred to as “the Agreement”).

1. With regard to Article III.2 (a) of the Agreement providing that “equipment, material, nuclear material and facilities referred to in paragraph 1 of Article V shall not be transferred beyond the jurisdiction of the Party within whose territory such an item is located without the prior written consent of the other Party”, I have the honour to propose the following:

(a) In the case of natural uranium, depleted uranium, other source material, uranium enriched to 20% or less in the isotope U-235 and heavy water, Canada hereby provides its consent to the future transfer of such items by the Republic of Korea beyond its territorial jurisdiction to third parties provided that:

(i) such third parties have been identified as acceptable by Canada in writing from time to time;

(ii) the Republic of Korea, for each such transfer, inform the third party that the nuclear material and material transferred is subject to the Agreement; and

(iii) administrative procedures acceptable to both Parties relating to such transfers have been established by the appropriate governmental authorities.

(b) Transfers other than those transfers referred to in (a) above shall continue to require the written consent of the Parties prior to the transfer.

2. (a) Further to Article III.2 (a) of the Agreement, Canada hereby provides its consent for the transfer beyond the territorial jurisdiction of the Republic of Korea, in any given period of 12 months, to any State Party to the Treaty on the Non-Proliferation of Nuclear Weapons, of the following nuclear materials and quantities:

(i) special fissionable material (up to 50 effective grams);

(ii) natural uranium (up to 500 kilograms);

(iii) depleted uranium (up to 1000 kilograms); and

(iv) thorium (up to 1000 kilograms).

(b) The appropriate governmental authorities shall establish administrative procedures for the purpose of reviewing the implementation of this paragraph.

3. Nuclear material and material transferred to the Republic of Korea from a third party which has identified the nuclear material and material as being subject to a nuclear cooperation agreement with Canada shall be deemed to be supplied pursuant to the Agreement and shall be subject to the provisions of this Note.

I have the honour to propose that, if the foregoing is acceptable to the Government of the Republic of Korea, this Note, which is authentic in English and French, together with Your Excellency’s reply to that effect, shall constitute an Agreement between our two Governments concerning the application of the Agreement and shall enter into force on the date of your reply.”

I have further the honour to inform Your Excellency that the foregoing is acceptable to the Government of the Republic of Korea and to confirm that Your Excellency’s Note and this Note in reply thereto shall constitute an Agreement between the two Governments concerning the application of the Agreement and shall enter into force on the date of this Note.

Accept, Excellency, the assurances of my highest consideration.

Choi Ho-Joong

Minister of Foreign Affairs