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Exchange of Notes between the Government of Canada and the Government of the Republic of Korea constituting an Agreement relating to the Transfer of Tritium Items for the Wolsong Tritium Removal Facility [2001] CATSer 4 (19 January 2001)

E103832 - CTS 2001 No. 5

EXCHANGE OF NOTES BETWEEN THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF THE REPUBLIC OF KOREA CONSTITUTING AN AGREEMENT RELATING TO THE TRANSFER OF TRITIUM ITEMS FOR THE WOLSONG TRITIUM REMOVAL FACILITY

I

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

SEOUL, 17 January 2001

His Excellency Mr. Lee Joung-binn
Minister of Foreign Affairs and Trade
of the Republic of Korea

Excellency:

I have the honour to refer to the history of cooperation between the Republic of Korea and Canada for the development and application of atomic energy for peaceful purposes and to the common desire of Canada and the Republic of Korea to pursue cooperation with respect to the transfer of tritium items for the Wolsong Tritium Removal Facility.

This relates to a decision by the Republic of Korea to construct a tritium removal facility on the Wolsong site to extract tritium which builds up in the heavy water moderator and coolant in the Wolsong CANDU nuclear power reactors and Canada’s desire to cooperate with the Republic of Korea in that project.

Tritium items do not come within the purview of 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 (NCA), signed on 26 January 1976. This Note sets out the basis of an Agreement for the application of nuclear non-proliferation assurances to “tritium”, “tritium facilities or plants and equipment therefor” and “tritium information” transferred from Canada to Korea; any replicas of "tritium facilities or plants and equipment therefor"; “tritium facilities or plants and equipment therefor” which our Governments agree have been constructed on the basis of "tritium information" supplied subject to this Note; tritium processed or extracted with such “tritium facilities or plants and equipment therefor”; and heavy water not already subject to the Canada-Korea NCA which is processed with “tritium facilities or plants and equipment therefor” subject to this Note.

In this respect, I have the honour to propose the following:

I For the purpose of this Note:

1 “Tritium” is defined as “tritium, tritium compounds, mixtures containing tritium in which the ratio of tritium to hydrogen atoms exceeds 1 part in 1000, and products or devices containing any of the foregoing, excluding a product or device containing less than 1.48 x 103 gigabecquerels (GBq) tritium”;

2. “Tritium facilities or plants and equipment therefor” are defined as:

"a. facilities or plants for the production, recovery, extraction, concentration or handling of tritium;

b. equipment for tritium facilities or plants, as follows:

(i) hydrogen or helium refrigeration units capable of cooling to 23 K (-250 °C) or less, with heat removal capacity greater than 150W;

(ii) hydrogen isotope storage or purification systems using metal hydrides as the storage or purification medium;

c. platinized catalysts specially designed or prepared for promoting the hydrogen isotope exchange reaction between hydrogen and water for the recovery of tritium from heavy water or for the production of heavy water".

3. “Tritium information” is defined as “technical data in physical form including but not limited to: technical drawings, photographic negatives and prints, recordings, design data, and technical and operating manuals that can be used in the design, production, operation or testing of ‘tritium facilities or plants and equipment therefor’, except data available to the public, i.e., in published books and periodicals, and which the Government of Canada has informed the Government of the Republic of Korea is to be regarded as information for the purposes of this Note”.

II “Tritium”, “tritium facilities or plants and equipment therefor”, “tritium information” and heavy water subject to this Note:

1. shall be used for peaceful purposes only, and, in particular, shall not be used for the development, manufacture, or acquisition or detonation of nuclear weapons or other nuclear explosive devices;

2. shall not be transferred beyond the jurisdiction of the Government of the Republic of Korea without the prior written consent of the Government of Canada;

3. shall be subject to appropriate measures of physical protection in order to prevent against unauthorized removal.

III Administrative procedures shall be established jointly by the Canadian Nuclear Safety Commission and the Korean Ministry of Science and Technology to facilitate the implementation of this Note. These procedures shall include prior and post notifications of items transferred and retransferred subject to this Note, an annual inventory report of items that are subject to this Note, and, as appropriate, site visits.

IV The provisions of this Note shall not be used for the purpose of securing commercial advantage.

V Our Governments shall consult annually or at the request of either Government to ensure the effective implementation of this Note.

If the foregoing is acceptable to the Government of the Republic of Korea, I have the honour to propose that this Note, which is equally authentic in English and French, together with Your Excellency’s reply to that effect, shall constitute an agreement between our two Governments which shall enter into force on the date of Your Excellency’s reply to this Note and shall remain in force as long as any items referred to in this Note remain in existence and may be amended or terminated by written agreement.

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

Arthur C. Perron

Ambassador Extraordinary and Plenipotentiary
of Canada to the Republic of Korea

II

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

MINISTRY OF FOREIGN AFFAIRS AND TRADE
REPUBLIC OF KOREA

SEOUL, 19 January, 2001

His Excellency Mr. Arthur C. Perron
Ambassador Extraordinary and Plenipotentiary
of Canada to the Republic of Korea

Excellency,

I have the honour to acknowledge the receipt of Your Excellency's Note of today's date, which reads as follows:

“I have the honour to refer to the history of cooperation between the Republic of Korea and Canada for the development and application of atomic energy for peaceful purposes and to the common desire of Canada and the Republic of Korea to pursue cooperation with respect to the transfer of tritium items for the Wolsong Tritium Removal Facility.

This relates to a decision by the Republic of Korea to construct a tritium removal facility on the Wolsong site to extract tritium which builds up in the heavy water moderator and coolant in the Wolsong CANDU nuclear power reactors and Canada’s desire to cooperate with the Republic of Korea in that project.

Tritium items do not come within the purview of 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 (NCA), signed on 26 January 1976. This Note sets out the basis of an Agreement for the application of nuclear non-proliferation assurances to “tritium”, “tritium facilities or plants and equipment therefor” and “tritium information” transferred from Canada to Korea; any replicas of “tritium facilities or plants and equipment therefor”; “tritium facilities or plants and equipment therefor” which our Governments agree have been constructed on the basis of “tritium information” supplied subject to this Note; tritium processed or extracted with such “tritium facilities or plants and equipment therefor”; and heavy water not already subject to the Canada-Korea NCA which is processed with “tritium facilities or plants and equipment therefor” subject to this Note.

In this respect, I have the honour to propose the following:

I. For the purpose of this Note:

1. “Tritium” is defined as “tritium, tritium compounds, mixtures containing tritium in which the ratio of tritium to hydrogen atoms exceeds 1 part in 1000, and products or devices containing any of the foregoing, excluding a product or device containing less than 1.48x 10³ gigabecquerels (GBq) tritium”;

2. “Tritium facilities or plants and equipment therefor” are defined as:

a. facilities or plants for the production, recovery, extraction, concentration or handling of tritium;

b. equipment for tritium facilities or plants, as follows:

(i) hydrogen or helium refrigeration units capable of cooling to 23 K (-250 ºC) or less, with heat removal capacity greater than 150 W;

(ii) hydrogen isotope storage or purification systems using metal hydrides as the storage or purification medium;

c. platinized catalysts specially designed or prepared for promoting the hydrogen isotope exchange reaction between hydrogen and water for the recovery of tritium from heavy water or for the production of heavy water”.

3. “Tritium information” is defined as “technical data in physical form including but not limited to technical drawings, photographic negatives and prints, recordings, design data, and technical and operating manuals that can be used in the design, production, operation or testing of tritium facilities or plants and equipment therefor, except data available to the public, i.e., in published books and periodicals, and which the Government of Canada has informed the Government of the Republic of Korea is to be regarded as information for the purposes of this Note”.

II. “Tritium”, “tritium facilities or plants and equipment therefor”, “tritium information” and heavy water subject to this Note:

1. shall be used for peaceful purposes only, and, in particular, shall not be used for the development, manufacture, or acquisition or detonation of nuclear weapons or other nuclear explosive devices;

2. shall not be transferred beyond the jurisdiction of the Government of the Republic of Korea without the prior written consent of the Government of Canada;

3. shall be subject to appropriate measures of physical protection in order to prevent against unauthorized removal.

III. Administrative procedures shall be established jointly by the Canadian Nuclear Safety Commission and the Korean Ministry of Science and Technology to facilitate the implementation of this Note. These procedures shall include prior and post notifications of items transferred and retransferred subject to this Note, an annual inventory report of items that are subject to this Note and as appropriate, site visits.

IV. The provisions of this Note shall not be used for the purpose of securing commercial advantage.

V. Our Governments shall consult annually or at the request of either Government to ensure the effective implementation of this Note.

If the foregoing is acceptable to the Government of the Republic of Korea, I have the honour to propose that this Note, which is equally authentic in English and French, together with Your Excellency’s reply to that effect, shall constitute an Agreement between our two Governments which shall enter into force on the date of Your Excellency’s reply to this Note and shall remain in force as long as any items referred to in this Note remain in existence and may be amended or terminated by written agreement.

Please accept, Excellency, the assurance of my highest consideration.”

I have further the honour to inform Your Excellency, on behalf of the Government of the Republic of Korea, that the Government of the Republic of Korea accepts the above proposal of the Government of Canada and to confirm that Your Excellency’s Note and this reply, which is equally authentic in Korean and English, constitute an agreement between the two Governments on this matter which enters into force on this date.

I avail myself of this opportunity to renew to Your Excellency the assurances of my highest consideration.

Lee Joung-binn

Minister of Foreign Affairs and Trade
of the Republic of Korea