Home | Databases | WorldLII | Search | Feedback Canadian Treaty Series

Exchange of Notes between the Government of Canada and the Government of the Russian Federation constituting an Additional Agreement to the Agreement between the Government of Canada and the Government of the Union of Soviet Socialist Republics for Cooperation in the Peaceful Uses of Nuclear Energy, done on 20 November 1989 [2009] CATSer 3 (3 June 2009)

E105115

EXCHANGE OF NOTES BETWEEN THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF THE RUSSIAN FEDERATION CONSTITUTING AN ADDITIONAL AGREEMENT TO THE AGREEMENT BETWEEN THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF THE UNION OF SOVIET SOCIALIST REPUBLICS FOR COOPERATION IN THE PEACEFUL USES OF NUCLEAR ENERGY, DONE ON 20 NOVEMBER 1989

I

The Ambassador of the Russian Federation to the Minister of Foreign Affairs of Canada

Ottawa, April 23, 2008

The Honourable Maxime Bernier
Minister of Foreign Affairs Canada
Ottawa

Your Excellency,

I have the honour of referring to the Agreement between the Government of the Union of Soviet Socialist Republics and the Government of Canada for Co-operation in the Peaceful Uses of Nuclear Energy, done on November 20, 1989 (hereinafter referred to as the “Agreement”).

I have the further honour of calling your attention specifically to Article VII of the Agreement concerning the obligations of each of the Parties to ensure that nuclear material, non-nuclear material, equipment and technology, subject to the Agreement, shall not be used to manufacture or otherwise acquire nuclear weapons or other nuclear explosive devices, or for any military purpose.

In accordance with paragraph 2 Article VII of the Agreement, in the event that uranium depleted in the isotope 235 (hereinafter referred to as “depleted uranium”), to which the Agreement applies, does not and will not fall within the scope of the Agreement between the Union of Soviet Socialist Republics and the International Atomic Energy Agency for the Application of Safeguards in the Union of Soviet Socialist Republics, done on February 21, 1985, and where such depleted uranium remains in the Russian Federation under conditions differing from those indicated in the Exchange of Notes between the Government of the Union of Soviet Socialist Republics and the Government of Canada constituting an Agreement on Nuclear Cooperation involving the enrichment of uranium obligated to Canada in enrichment facilities of the Union of the Soviet Socialist Republics, done on November 20, 1989, I have the honour to propose that:

1) depleted uranium shall be subject to the Parties' obligations under the Agreement, including provision of Annual Reports and notifications, as defined in the Administrative Arrangements between the Atomic Energy Control Board and the Ministry of Atomic Power and Industry of the USSR pursuant to the Agreement between the Government of Canada and the Government of the Union of Soviet Socialist Republics for Co-operation in the Peaceful Uses of Nuclear Energy, dated August 27, 1991 (hereinafter referred to as the “Administrative Arrangements”), while recognizing that the competent governmental authorities of the Parties in charge of the implementation of the Agreement are currently the State Corporation on Atomic Energy (hereinafter referred to as “State Corporation “Rosatom”) and the Canadian Nuclear Safety Commission (hereinafter referred to as the “CNSC”);

2) State Corporation “Rosatom” and the CNSC shall develop mutually acceptable procedures defining the rules of access to the depleted uranium by the CNSC representatives in accordance with the legislation of the Russian Federation, and the rules for implementing verification measures in accordance with Paragraph 2 of Article VII of the Agreement. The CNSC and the State Corporation “Rosatom” shall amend the Administrative Arrangements to reflect these procedures.

In the event that the foregoing is acceptable to the Government of Canada, I have the honour to propose that this Note, together with your Excellency's Note in reply, the Russian, English, and French versions of which are equally authentic, shall, in accordance with Paragraph 2 of Article VII of the Agreement, constitute an Additional Agreement to the Agreement between the Government of the Union of Soviet Socialist Republics and the Government of Canada for Cooperation in the Peaceful Uses of Nuclear Energy, done on November 20, 1989, which shall enter into force on the date of the last Note of an exchange of Notes confirming that the necessary internal steps for its entry into force have been completed and shall remain so as long as the Agreement is in force.

Please accept the assurances of my highest consideration.

Georgiy Mamedov

II

The Minister of Foreign Affairs of Canada to the Ambassador of the Russian Federation

6 May 2008

Note No. JLAB-0036

Excellency,

I have the honour to refer to your Excellency's Note, dated April 23 2008 which states in its entirety as follows:

“Your Excellency,

I have the honour of referring to the Agreement between the Government of the Union of Soviet Socialist Republics and the Government of Canada for Co-operation in the Peaceful Uses of Nuclear Energy, done on 20 November 1989 (hereinafter referred to as the “Agreement”).

I have the further honour of calling your attention specifically to Article VII of the Agreement concerning the obligations of each of the Parties to ensure that nuclear material, non-nuclear material, equipment and technology, subject to the Agreement, shall not be used to manufacture or otherwise acquire nuclear weapons or other nuclear explosive devices, or for any military purpose.

In accordance with paragraph 2 Article VII of the Agreement, in the event that uranium depleted in the isotope 235 (hereinafter referred to as “depleted uranium”), to which the Agreement applies, does not and will not fall within the scope of the Agreement between the Union of Soviet Socialist Republics and the International Atomic Energy Agency for the Application of Safeguards in the Union of Soviet Socialist Republics, done on 21 February 1985, and where such depleted uranium remains in the Russian Federation under conditions differing from those indicated in the Exchange of Notes between the Government of the Union of Soviet Socialist Republics and the Government of Canada constituting an Agreement on Nuclear Cooperation involving the enrichment of uranium obligated to Canada in enrichment facilities of the Union of the Soviet Socialist Republics, done on 20 November 1989, I have the honour to propose that:

1) depleted uranium shall be subject to the Parties' obligations under the Agreement, including provision of Annual Reports and notifications, as defined in the Administrative Arrangements between the Atomic Energy Control Board and the Ministry of Atomic Power and Industry of the USSR pursuant to the Agreement between the Government of Canada and the Government of the Union of Soviet Socialist Republics for Co-operation in the Peaceful Uses of Nuclear Energy, dated 27 August 1991 (hereinafter referred to as the “Administrative Arrangements”), while recognizing that the competent governmental authorities of the Parties in charge of the implementation of the Agreement are currently the Federal Agency on Atomic Energy (hereinafter referred to as “Rosatom”) and the Canadian Nuclear Safety Commission (hereinafter referred to as the “CNSC”);

2) Rosatom and the CNSC shall develop mutually acceptable procedures defining the rules of access to the depleted uranium by the CNSC representatives in accordance with the legislation of the Russian Federation, and the rules for implementing verification measures in accordance with Paragraph 2 of Article VII of the Agreement. The CNSC and Rosatom shall amend the Administrative Arrangements to reflect these procedures.

In the event that the foregoing is acceptable to the Government of Canada, I have the honour to propose that this Note, together with your Excellency's Note in reply, the Russian, English, and French versions of which are equally authentic, shall constitute an Additional Agreement to the Agreement between the Government of the Union of Soviet Socialist Republics and the Government of Canada for Cooperation in the Peaceful Uses of Nuclear Energy, done on 20 November 1989, which shall enter into force on the date of the last Note of an exchange of Notes confirming that the necessary internal steps for its entry into force have been completed.

Please accept the assurances of my highest consideration.”

I have the honour to inform you that the foregoing is acceptable to the Government of Canada, and that your Excellency's Note, together with this Note in Reply, the English, French and Russian versions of which are equally authentic, shall constitute an Additional Agreement to the Agreement between the Government of the Union of Soviet Socialist Republics and the Government of Canada for Cooperation in the Peaceful Uses of Nuclear Energy, done on 20 November 1989, which shall enter into force on the date of the last Note of an Exchange of Notes confirming that the necessary internal steps for its entry into force have been completed.

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

Maxime Bernier
Minister of Foreign Affairs