PERU Atomic Energy: Cooperation for Civil Uses Agreement signed at Washington January 25, 1956; AGREEMENT FOR COOPERATION BETWEEN THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND THE GOVERNMENT OF THE REPUBLIC OF PERU CONCERNING CIVIL USES OF ATOMIC ENERGY Whereas the peaceful uses of atomic energy hold great promise for all mankind; and Whereas the Government of the United States of America and the Government of the Republic of Peru desire to cooperate with each other in the development of such peaceful uses of atomic energy; and Whereas there is well advanced the design and development of several types of research reactors (as defined in Article X of this Agreement); and Whereas research reactors are useful in the production of research quantities of radioisotopes, in medical therapy and in numerous other research activities and at the same time are a means of affording valuable training and experience in nuclear science and engineering useful in the development of other peaceful uses of atomic energy including civilian nuclear power; and Whereas the Government of the Republic of Peru desires to pursue a research and development program looking toward the realization of the peaceful and humanitarian uses of atomic energy and desires to obtain assistance from the Government of the United States of America and United States industry with respect to this program; and Whereas the Government of the United States of America, represented by the United States Atomic Energy Commission (hereinafter referred to as the "Commission"), desires to assist the Government of the Republic of Peru in such a program; The Parties therefore agree as follows: ARTICLE I Subject to the limitations of Article V, the Parties hereto will exchange information in the following fields: A. Design, construction and operation of research reactors and their use as research, development, and engineering tools and in medical therapy. B. Health and safety problems related to the operation and use of research reactors. C. The use of radioactive isotopes in physical and biological research, medical therapy, agriculture, and industry. ARTICLE II A. The Commission will lease to the Government of the Republic of Peru uranium enriched in the isotope U-235, subject to the terms and conditions provided herein, as may be required as initial and replacement fuel in the operation of research reactors which the Government of the Republic of Peru, in consultation with the Commission, decides to construct and as required in agreed experiments related thereto. Also, the Commission will lease to the Government of the Republic of Peru uranium enriched in the isotope U-235, subject to the terms and conditions provided herein, as may be required as initial and replacement fuel in the operation of such research reactors as the Government of the Republic of Peru may, in consultation with the Commission, decide to authorize private individuals or private organizations under its jurisdiction to construct and operate, provided the Government of the Republic of Peru shall at all times maintain sufficient control of the material and the operation of the reactor to enable the Government of the Republic of Peru to comply with the provisions of this Agreement and the applicable provisions of the lease arrangement. B. The quantity of uranium enriched in the isotope U-235 transferred by the Commission and in the custody of the Government of the Republic of Peru shall not at any time be in excess of six (6) kilograms of contained U-235 in uranium enriched up to a maximum of twenty percent (20%) U-235, plus such additional quantity as, in the opinion of the Commission, is necessary to permit the efficient and continuous operation of the reactor or reactors while replaced fuel elements are radioactively cooling in Peru or while fuel elements are in transit, it being the intent of the Commission to make possible the maximum usefulness of the six (6) kilograms of said material. C. When any fuel elements containing U-235 leased by the Commission require replacement, they shall be returned to the Commission and, except as may be agreed, the form and content of the irradiated fuel elements shall not be altered after their removal from the reactor and prior to delivery to the Commission. D. The lease of uranium enriched in the isotope U-235 under this Article shall be at such charges and on such terms and conditions with respect to shipment and delivery as may be mutually agreed and under the conditions stated in Articles VI and VII. ARTICLE III Subject to the availability of supply and as may be mutually agreed, the Commission will sell or lease through such means as it deems appropriate, to the Government of the Republic of Peru or authorized persons under its jurisdiction such reactor materials, other than special nuclear materials, as are not obtainable on the commercial market and which are required in the construction and operation of research reactors in Peru. The sale or lease of these materials shall be on such terms as may be agreed. ARTICLE IV It is contemplated that, as provided in this Article, private individuals and private organizations in either the United States or Peru may deal directly with private individuals and private organizations in the other country. Accordingly, with respect to the subjects of agreed exchange of information as provided in Article I, the Government of the United States will permit persons under its jurisdiction to transfer and export materials, including equipment and devices, to, and perform services for, the Government of the Republic of Peru and such persons under its jurisdiction as are authorized by the Government of the Republic of Peru to receive and possess such materials and utilize such servicès, subject to: A. Limitations in Article V. B. Applicable laws, regulations and license requirements of the Government of the United States and the Government of the Republic of Peru. ARTICLE V Restricted Data shall not be communicated under this Agreement, and no materials or equipment and devices shall be transferred and no services shall be furnished under this Agreement to the Government of the Republic of Peru or authorized persons under its jurisdiction if the transfer of any such materials or equip 68 Stat. 940. ment and devices or the furnishing of any such services involves the communication of Restricted Data. ARTICLE VI A. The Government of the Republic of Peru agrees to maintain such safeguards as are necessary to assure that the uranium enriched in the isotope U-235 leased from the Commission shall be used solely for the purpose agreed in accordance with this Agreement and to assure the safekeeping of this material. B. The Government of the Republic of Peru agrees to maintain such safeguards as are necessary to assure that all other reactor materials, including equipment and devices, purchased in the United States under this Agreement by the Government of the Republic of Peru or authorized persons under its jurisdiction, shall be used solely for the design, construction, and operation of research reactors which the Government of the Republic of Peru decides to construct and operate and for research in connection therewith, except as may otherwise be agreed. C. In regard to research reactors constructed pursuant to this Agreement the Government of the Republic of Peru agrees to maintain records relating to power levels of operation and burnup of reactor fuels and to make annual reports to the Commission on these subjects. If the Commission requests, the Government of the Republic of Peru will permit Commission representatives to observe from time to time the condition and use of any leased material and to observe the performance of the reactor in which the material is used. ARTICLE VII Guaranties Prescribed by the United States Atomic Energy Act of 1954 the scope of an agreement for cooperation between the United States and the other nation. ARTICLE VIII This Agreement shall enter into force on January 25, 1956, and remain in force until January 24, 1961, inclusively, and shall be subject to renewal as may be mutually agreed. At the expiration of this Agreement or an extension thereof the Government of the Republic of Peru shall deliver to the United States all fuel elements containing reactor fuels leased by the Commission and any other fuel material leased by the Commission. Such fuel elements and such fuel materials shall be delivered to the Commission at a site in the United States designated by the Commission at the expense of the Government of the Republic of Peru, and such delivery shall be made under appropriate safeguards against radiation hazards while in transit. ARTICLE IX It is the hope and expectation of the Parties that this initial Agreement for Cooperation will lead to consideration of further cooperation extending to the design, construction, and operation of power producing reactors. Accordingly, the Parties will consult with each other from time to time concerning the feasibility of an additional agreement for cooperation with respect to the production of power from atomic energy in Peru. ARTICLE X For the purposes of this Agreement: A. "Commission" means the United States Atomic Energy Commission or its duly authorized representatives. B. "Equipment and devices" means any instrument or apparatus, and includes research reactors, as defined herein, and their component parts. C. "Research reactor" means a reactor which is designed for the production of neutrons and other radiations for general research and development purposes, medical therapy, or training in nuclear science and engineering. The term does not cover power reactors, power demonstration reactors, or reactors designed primarily for the production of special nuclear materials. D. The terms "Restricted Data", "atomic weapon", and "special nuclear material" are used in this Agreement as defined in the United States Atomic Energy Act of 1954. 68 Stat. 919. 42 U.S.C.2011 et seq. |