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nations. These anti-proliferation provisions include (1) the safeguards rights of the United States; (2) the guarantees not to use transferred materials, including equipment and devices, for weapons or for military purposes; (3) the commitments to use materials, equipment or devices transferred solely for civil purposes; and (4) the application of international safeguards. Access to special facilities

The agreements for research and development and for research commit the Parties to make available for mutual use specialized research facilities and reactor materials testing facilities, if terms and conditions can be agreed upon at the time and if space, facilities and personnel "conveniently available" permit.

At the outset these provisions were unilateral, for with the exception of Canada, the agreement nations had few if any facilities of interest to the United States. The flow of scientists and engineers from other lands to U.S. nuclear facilities has helped these nations to acquire a cadre of personnel with practical training and working experience in nuclear science, technology and power.

There are now some prospects of reciprocal value to the United States as the nuclear programs of major supplier nations diversify and move in directions not of primary interest to the U.S. nuclear program. For example, in the third decade of the nuclear age, specialized facilities in West Germany could become of interest to the United States.

Cooperation between persons

The agreements for cooperation in addition to providing for cooperation between governments and their agencies also opened the way to cooperation between "persons" of the United States and an agreement nation.* The agreements typically state the understanding of the Parties that arrangements may be made between either Party or authorized persons under its jurisdiction for the transfer of equipment and devices and materials. Arrangements may also be made for the transfer of special nuclear material and for the performance of services with respect thereto for uses specified in the agreement.

In essence, these provisions permit companies in the U.S. nuclear industry to deal directly with the governments, and with the nuclear and electricity industries of the agreement nations for export of nuclear products and for performance of nuclear services such as fuel reprocessing. Note, however, that performance of enrichment services by U.S. firms is still moot, at least until privately owned enrichment facilities are li

censed and built in the United States.

Transfer of materials and equipment

The research and power, and research agreements provide for the transfer of source material, heavy water, byproduct material, other

* Note, however, that the definition of "person" in the Atomic Energy Act of 1954 is broad. The term means (1) any individual, corporation, partnership, firm, association, trust, estate, public or private institution, group, governmental agency other than the Commission, any State or any foreign government or nation or any political subdivision of any such government or nation, or other entity; and (2) any legal successor, representative, agent or agency of the foregoing.

radioisotopes, stable isotopes and special nuclear material for purposes other than fueling reactors and reactor experiments. The transfers may be made for defined applications and in such quantities and under such terms and conditions as may be agreed upon when such items are not commercially available. The provisions also extend to transfer of equipment and devices under such terms and conditions as may be agreed.

Supply of special nuclear materials

The agreements for cooperation contain elaborate provisions for the United States to supply enriched uranium and other special nuclear materials to agreement nations. Depending upon the agreement, the materials may be supplied by government-to-government transfer, by lease or sale of the materials, or by supplying enrichment services to the agreement nation or persons under its jurisdiction. The export shipment of the enriched uranium, once it leaves the Government's enrichment plant usually is arranged by an agent who must obtain an export license.

The research agreements are the simplest, for the amounts of special nuclear materials transferred are small, usually only enough to operate a research reactor or a reactor experiment. Here the United States commitment is simply to transfer the desired materials, with terms and conditions for contracts to be agreed upon in advance.

The research and power agreements are more complicated. They provide for contracts with the Energy Research and Development Administration for the production of enriched uranium from U.S. ores, or for enrichment of normal uranium supplied by the agreement Nation. The agreements

assure the agreement nation that it will have access on an equitable basis with other purchasers of such services to uranium enrichment capacity available in the Administration's facilities and not already allocated. Here too the assurance is becoming academic for the U.S. enrichment plants have been booked to capacity since mid 1974; so no further long-term enrichment or production contracts can be signed.

Typically,

The agreements set general limits upon the amount of special nuclear materials to be transferred. Sometimes a numerical limit is used. For example, a research agreement may limit the net amount of uranium-235 contained in enriched uranium which may be transferred.* there is further restriction that the quantity of enriched uranium transferred for the fueling of reactors or reactor experiments shall not at any time be in excess of the quantity necessary for the loading of such reactors or experiments plus an additional quantity as, in the opinion of the Administration, is necessary to permit the efficient and continuous operation of such reactors or experiments.

As for the power only agreemments, that with India commits the Energy Research and Development Administration to sell to the Government of India as needed all requirements of India for enriched uranium for use as fuel at the Tarapur Atomic Power Station, with the further understanding

*Note, the limits on transfers are not quantities of enriched materials, but rather quantities of the uranium-235 isotope contained within the enriched materials. So the weight of enriched uranium exportable would vary inversely with the enrichment: the less the enrichment, the more enriched uranium could be transferred.

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that Tarapur is to be operated on no special nuclear material other than that provided by the United States or produced therefrom. The Indian agreement sets a ceiling of 14, 500 kilograms of U-235 contained in enriched uranium sold. The net amount is defined to be the gross quantity of U-235 contained in the enriched uranium sold to India less the amount of recoverable uranium resold or otherwise returned to the United States or transferred to any other nation or group of nations or international organization with the approval of the United States. The quantity of enriched uranium sold by the Administration and held by the Government of India is not at any time to be in excess of the quantity necessary for the full loading of the Tarapur Atomic Power Station, plus such additional quantity as, in the opinion of the Parties, is necessary to permit efficient and continuous operation of the Station.

The agreement with the United Kingdom sets out a ceiling of 8, 000 kilograms for the net quantity of U-235 contained in enriched uranium transferred, and specifies a detailed formula for computation of net amount. In this agreement the Administration states its readiness to sell enriched uranium to the United Kingdom for fueling reactors of its civil power program, including merchant marine propulsion. * The Administration is also committed to enter into contracts for producing or enriching uranium for the United Kingdom, to such extent and subject to such terms and conditions as may be established by the Administration.

*Note, however, the British did not develop merchant marine applications of nuclear power and are making little use of power reactors fueled with enriched uranium.

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