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Exchange of Notes between the Government of Canada and the Government of the Republic of Korea amending Articles V.4 and VII of the Agreement between the Government of Canada and the Government of the Republic of Korea for Co-operation in the Development and Application of Atomic Energy for Peaceful Purposes [2002] CATSer 8 (10 July 2002)

E104906 - CTS 2002 No. 14

EXCHANGE OF NOTES BETWEEN THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF THE REPUBLIC OF KOREA AMENDING ARTICLES V.4 AND VII OF THE AGREEMENT BETWEEN THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF THE REPUBLIC OF KOREA FOR CO-OPERATION IN THE DEVELOPMENT AND APPLICATION OF ATOMIC ENERGY FOR PEACEFUL PURPOSES

I

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

SEOUL, 4^th July, 2002

Note No. 2037

His Excellency Choi Sung-hong
Minister of Foreign Affairs and Trade of the Republic of Korea

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 (hereinafter referred to as "the Agreement"), done at Seoul on January 26, 1976.

I have further the honour to refer to recent discussions that have taken place between representatives of our two governments regarding amendments to paragraph 4 of Article V and Article VII of the Agreement.

As a result of these discussions, and with the intention of strengthening nuclear cooperation between our two countries, I have the honour to propose that the Agreement be amended in the following manner:

Paragraph 4 of Article V is to be modified and shall now read:

"If for any reason or at any time the International Atomic Energy Agency is not administering the safeguards required by paragraph 1 of this Article within the territory of a Party, that Party shall forthwith enter into an agreement with the other Party for the establishment of a safeguards system that conforms to the principles and procedures of the safeguards system set out in International Atomic Energy Agency document INFCIRC/66/Rev.2, as well as in any subsequent amendments thereto that are accepted by the Parties, and that provides for the application of safeguards to items which the Parties consider to be subject to the Agreement."

And Article VII is also to be modified and shall now read:

"1. The Parties shall consult annually or at any other time at the request of either Party to ensure the effective fulfilment of the obligations of this Agreement. To this end, each Party shall, inter alia, provide the other Party with such reports and access to such other data as the other Party may consider appropriate in order to satisfy the other Party that items referred to in this Agreement are being used and disposed of in accordance with the provisions of this Agreement.

2. The Parties may conclude supplementary arrangements between the appropriate governmental authorities to facilitate the effective implementation of this Agreement."

If the Government of the Republic of Korea agrees with the proposal set forth herein, I have the honour to propose that this Note, which is equally authentic in English, French and Korean, together with Your Excellency's reply to that effect, shall constitute an Amendment to the Agreement between our two Governments which shall enter into force on the date of Your Excellency's reply and shall remain in force as long as the Agreement remains in force and may be amended or terminated by written agreement between our two Governments.

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

Denis Comeau

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, July 10, 2002

His Excellency Denis Comeau
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 dated July 4, 2002, 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 (hereinafter referred to as "the Agreement"), done at Seoul on January 26, 1976.

I have further the honour to refer to recent discussions that have taken place between representatives of our two governments regarding amendments to paragraph 4 of Article V and Article VII of the Agreement.

As a result of these discussions, and with the intention of strengthening nuclear cooperation between our two countries, I have the honour to propose that the Agreement be amended in the following manner:

Paragraph 4 of Article V is to be modified and shall now read:

"If for any reason or at any time the International Atomic Energy Agency is not administering the safeguards required by paragraph 1 of this Article within the territory of a Party, that Party shall forthwith enter into an agreement with the other Party for the establishment of a safeguards system that conforms to the principles and procedures of the safeguards system set out in International Atomic Energy Agency document INFCIRC/66/Rev.2, as well as in any subsequent amendments thereto that are accepted by the Parties, and that provides for the application of safeguards to items which the Parties consider to be subject to the Agreement."

And Article VII is also to be modified and shall now read:

"1. The Parties shall consult annually or at any other time at the request of either Party to ensure the effective fulfilment of the obligations of this Agreement. To this end, each Party shall, inter alia, provide the other Party with such reports and access to such other data as the other Party may consider appropriate in order to satisfy the other Party that items referred to in this Agreement are being used and disposed of in accordance with the provisions of this Agreement.

2. The Parties may conclude supplementary arrangements between the appropriate governmental authorities to facilitate the effective implementation of this Agreement."

If the Government of the Republic of Korea agrees with the proposal set forth herein, I have the honour to propose that this Note, which is equally authentic in English, French and Korean, together with Your Excellency's reply to that effect, shall constitute an Amendment to the Agreement between our two Governments which shall enter into force on the date of Your Excellency's reply and shall remain in force as long as the Agreement remains in force and may be amended or terminated by written agreement between our two Governments.

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

I have further the honour to confirm that the foregoing proposal is acceptable to the Government of the Republic of Korea and that Your Excellency's Note together with this reply, which is equally authentic in Korean, English and French, shall constitute an agreement between our two Governments on this matter, which shall enter into force on the date of this Note.

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

Choi Sung-hong

Minister of Foreign Affairs and Trade
of the Republic of Korea