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Exchange of Letters between the Government of Canada and the Swiss Federal Council constituting an Agreement concerning the non-proliferation assurances to be applied to tritium and tritium-related equipment transferred, directly or indirectly, from Canada to Switzerland, for use in the Fusion Programme of the European Atomic Energy Community (Euratom), and tritium produced or processed with such equipment [1995] CATSer 10 (8 March 1995)

E101790 - CTS 1995 No. 40

EXCHANGES OF LETTERS BETWEEN THE GOVERNMENT OF CANADA AND THE SWISS FEDERAL COUNCIL CONSTITUTING AN AGREEMENT CONCERNING THE NON-PROLIFERATION ASSURANCES TO BE APPLIED TO TRITIUM AND TRITIUM-RELATED EQUIPMENT TRANSFERRED, DIRECTLY OR INDIRECTLY, FROM CANADA TO SWITZERLAND, FOR USE IN THE FUSION PROGRAMME OF THE EUROPEAN ATOMIC ENERGY COMMUNITY (EURATOM), AND TRITIUM PRODUCED OR PROCESSED WITH SUCH EQUIPMENT

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The Ambassador of Canada to the Secretary of State for Foreign Affairs

CANADIAN EMBASSY

BERNE, 8 March 1995

His Excellency Mr. Jakob Kellenberger
Secretary of State
Bern

Excellency,

I have the honour to refer to the participation of Switzerland in the fusion research programme of the European Atomic Energy Community (Euratom).

Canada has declared its readiness to supply quantities of tritium and tritium-related equipment (hereinafter referred to as "tritium items") for the Euratom Fusion Programme (hereinafter referred to as "the Fusion Programme") . In this regard, Canada and Euratom concluded an Exchange of Letters on 15 July 1991 (hereinafter referred to as the "July 1991 Exchange of Letters") concerning the non-proliferation assurances to be applied to tritium items transferred from Canada to Euratom for use in the Fusion Programme, and amending the Canada-Euratom Agreement of October 6, 1959 concerning the peaceful uses of atomic energy.

In order to facilitate the transfer of tritium items from Canada to Switzerland, either directly or indirectly, for use in the Fusion Programme in a manner consistent with the arrangements agreed to with Euratom pursuant to the July 1991 Exchange of Letters, Canada is willing to approve such transfers to Switzerland provided that the Swiss Federal Council can provide to the Government of Canada the appropriate non-proliferation assurances.

Accordingly, the Swiss Federal Council shall provide to the Government of Canada assurances that tritium items transferred from Canada to Switzerland, either directly or indirectly, for use in the Fusion Programme:

a) shall not be used for any nuclear explosive purpose;

b) shall not be retransferred beyond the jurisdiction of Switzerland without the prior written consent of the Government of Canada; and,

c) shall only be used in the Fusion Programme unless the prior written consent of the Government of Canada is obtained for another use.

With respect to Paragraph 4 (b) above, Canada provides consent for the retransfer of tritium items to this Exchange of Letters from Switzerland for use in connection with the Fusion Programme to third parties participating in the Fusion Programme as identified by Canada in Annex 1. Notification and reporting procedures acceptable to both the Government of Canada and the Swiss Federal Council relating to such retransfers shall be established.

Under Canadian tritium export guidelines, the Atomic Energy Control Board of Canada must also be satisfied that appropriate tritium accounting and inventory management procedures are in place. In this regard the Government of Canada would appreciate receiving:

a) a description of the tritium regulatory regime in place in Switzerland, together with any relevant information on tritium accounting, inventory verification or audits and measures that are taken to assure protection against loss or theft of tritium;

b) an undertaking that Swiss authorities will report annually the quantity of Canadian-supplied tritium items that remain in the inventory and inventory changes over the year; and,

c) agreement from the Swiss Federal Council to consult upon request with respect to the disposition of tritium items supplied by Canada.

For the purpose of this Letter:

(i) "Euratom Fusion Programme" means the Euratom programme of research and training in the field of controlled thermonuclear fusion as adopted by the Council of the European Communities by "Council Decision of 25 July 1988 adopting a multi-annual research and training programme in the field of controlled thermonuclear fusion" (88/488/EURATOM, (OJEC No L 222, 12.8.1988, p.6)) and, for the purpose of greater certainty, includes Switzerland's participation in the International Thermonuclear Experimental Reactor (ITER).

(ii) "Tritium-related equipment" means equipment especially designed or prepared for the production, recovery, extraction, concentration or handling of tritium and its compounds and mixtures.

(iii) "Tritium" refers to compounds and mixtures that contain tritium in which the ratio of tritium to hydrogen by atoms is greater than 1 part per 1000, and includes tritium supplied by Canada and tritium produced or processed with tritium-related equipment supplied by Canada.

I have the honour to propose that if the foregoing is acceptable to the Swiss Federal Council, this letter, which is authentic in English and French, together with Your Excellency's reply, shall constitute an agreement between the Government of Canada and the Swiss Federal Council covering the supply of Canadian tritium items to Switzerland in the context of the Euratom Fusion Programme. The agreement shall enter into force as of the date of Your Excellency's reply to this letter, and remain in force for a period of thirty (30) years, and thereafter until six (6) months after notice of termination has been given by either Party to the other unless such notice has been given six (6) months prior to the expiry of the said period of thirty (30) years. Notwithstanding termination of this agreement, the obligations contained in paragraphs 4 and 6 shall remain in force until otherwise agreed by the Parties.

Please accept, Excellency, the assurances of my highest consideration.

For the Government of Canada

Réjean Frenette

ANNEX 1

Third Parties Identified by Canada:

Euratom

- Belgium
- Denmark
- France
- Germany
- Greece
- Ireland
- Italy
- Luxembourg
- Netherlands
- Portugal
- Spain
- United Kingdom

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The State Secretary for Foreign Affairs to the Ambassador of Canada

FEDERAL DEPARTMENT OF FOREIGN AFFAIRS
THE STATE SECRETARY

BERNE, 8 March 1995

His Excellency Mr. Réjean Frenette
Ambassador of Canada to Switzerland
Berne

Excellency,

I have the honour to acknowledge receipt of your letter of today's date which reads as follows:

(See the Canadian Letter of March 8, 1995)

I have the honour to inform you that the Swiss Federal Council is in agreement with the contents of your letter, and to confirm that your letter and this reply shall constitute an agreement between the Swiss Federal Council and the Government of Canada which shall enter into force on the date of this letter and shall remain in force for a period of thirty (30) years, and thereafter until six (6) months after notice of termination has been given by either Party to the other unless such notice has been given six (6) months prior to the expiry of the said period of thirty (30) years. Notwithstanding termination of this agreement, the obligations contained in paragraphs 4 and 6 shall remain in force until otherwise agreed by the Parties.

Please accept, Your Excellency, the assurances of my highest consideration.

For the Swiss Federal Council,

Jakob Kellenberger