INFCIRC/919 - The Text of the Regional Co-operative Agreement for Research, Development and Training Related to Nuclear Science and Technology, 2017

Information Circula

INFCIRC/919

Date: 24 April 2017

General Distribution

Original: English

The Text of the Regional Co-operative

Agreement for Research, Development and

Training Related to Nuclear Science and

Technolo

, 2017

1. The text of the Regional Co-operative Agreement for Research, Development and Training

Related to Nuclear Science and Technology, 2017 (the 2017 RCA), which was adopted at the

38th Regional Meeting of National RCA Representatives at Ulaanbaatar on 18 May 2016, is

reproduced herein for the information of all Members.

2. Upon its entry into force, the 2017 RCA will replace the Regional Co-operative Agreement for

Research, Development and Training Related to Nuclear Science and Technology, 1987 (the

1987 RCA), as extended in 1992, 1997, 2007, and 2012, and, pursuant to Article XIII.2 thereof, “shall

be of unlimited duration”.

3. Pursuant to Article XIII.1 thereof, the 2017 RCA “shall enter into force upon receipt by the

Director General of the Agency of the second notification of acceptance in accordance with

Article XII. In the event such notification is received by the Director General of the Agency prior to

the expiration of the extended 1987 RCA, this Agreement shall enter into force on the date of

expiration of the said Agreement. With respect to Governments accepting this Agreement thereafter, it

shall enter into force on the date of receipt by the Director General of the Agency of the notification of

such acceptance.”

4. By 9 March 2017, notifications of acceptance were received by the Director General from the

Republic of Singapore and the Kingdom of Thailand. Since these notifications were received prior to

the expiration of the Fifth Agreement to Extend the 1987 RCA (INFCIRC/167/Add.23), the

2017 RCA will enter into force on the date of expiration of the said Agreement, i.e. on 11 June 2017.

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Regional Co-operative Agreement

for Research, Development and Training Related to

Nuclear Science and Technology, 2017

WHEREAS it is a function of the International Atomic Energy Agency (hereinafter referred to as the

"Agency") to encourage and assist research on, and the development and practical application of,

atomic energy for peaceful uses, which function can be fulfilled by furthering co-operation among its

Member States and by assisting them in their national atomic energy programmes;

WHEREAS the Government Parties to this Agreement (hereinafter referred to as the "Government

Parties") recognize that, within their national atomic energy programmes, there exist areas of

common interest wherein mutual co-operation can promote the more efficient utilization of available

resources;

WHEREAS, under the auspices of the Agency, the Government Parties desire to enter into a

Regional Co-operative Agreement to encourage such co-operation; and

WHEREAS the Government Parties intend this Agreement to replace the 1987 Regional Cooperative

Agreement for Research, Development and Training Related to Nuclear Science and Technology

(hereinafter referred to as the “1987 RCA”), which was extended on 12 June 1992, 12 June 1997, 12

June 2002, 12 June 2007 and 12 June 2012 (hereinafter referred to as the “extended 1987 RCA”),

and which is due to expire on 11 June 2017;

NOW, THEREFORE, it is agreed as follows:

Article I

The Government Parties undertake, in co-operation with each other and the Agency, to promote and

co-ordinate co-operative research, development and training projects (hereinafter referred to as the

“co-operative projects”), and other co-operative activities, in nuclear science and technology through

their appropriate national institutions.

Article II

1. There shall be a meeting of representatives of the Government Parties (hereinafter referred to

as the "Meeting of Representatives") to be convened by the Agency. The Meeting of Representatives

shall be held as required, and, at least, once every year. Each representative may be accompanied by

alternates, experts and advisers.

2. The Meeting of Representatives shall have the authority:

(a) to determine a programme of activities and to establish priorities therefor;

(b) to consider and approve the co-operative projects proposed in accordance with paragraph 1 of

Article III;

the purpose of complementing the implementation of the co-operative projects;

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(d) to review the implementation of the co-operative projects approved in accordance with

paragraph 2 of Article III and of the co-operative activities approved in accordance with

paragraph 2 (c) above;

(e) to co-ordinate the activities of the project committees established in accordance with Article

VI;

(f) to consider the annual report submitted by the Agency pursuant to paragraph 4 of Article VII;

(g) to adopt appropriate measures for the implementation of this Agreement;

(h) to consider any proposal for amendment of this Agreement under Article XIV; and

(i) to consider any other matter related to or connected with the promotion and coordination of

co-operative projects or other co-operative activities for the purposes of this Agreement, as

set forth in Article I.

Article III

1. Any Government Party may submit a written proposal for a co-operative project to the

Agency, which shall, upon receipt thereof, notify the other Government Parties of such proposal. The

proposal shall specify, in particular, the nature and objectives of the proposed co-operative project

and the means of implementing it. At the request of a Government Party, the Agency may assist in

the preparation of a proposal for a co-operative project.

2. In approving a co-operative project pursuant to paragraph 2 (b) of Article II, the Meeting of

Representatives shall specify:

(a) the nature and objectives of the co-operative project;

(b) the related programme of research, development and training;

objectives; and

(d) other relevant details as deemed appropriate.

Article IV

1. Any Government Party may participate in a co-operative project established in accordance

with Article III, by means of a notification of participation to the Agency, which shall notify the

other Government Parties of such participation.

2. Subject to paragraph 2 of Article VII, the implementation of each co-operative project

established in accordance with Article III may start after receipt by the Agency of the third

notification of participation in the co-operative project.

Article V

1. Each Government participating in a co-operative project in accordance with Article IV

(hereinafter referred to as a "Participating Government") shall implement the portion of the co-

operative project assigned to it in accordance with paragraph 3(b) of Article VI. In particular, each

Participating Government, subject to its domestic laws and regulations, shall:

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(a) make available the necessary scientific and technical facilities and personnel for the

implementation of the co-operative project; and

(b) take all reasonable and appropriate steps for the acceptance of scientists, engineers or

technical experts designated by the other Participating Governments or by the Agency to

work at designated installations, and for the assignment of scientists, engineers or technical

experts to work at installations designated by the other Participating Governments for the

purpose of implementing the co-operative project.

2. Each Participating Government shall submit to the Agency an annual report on the

implementation of the portion of the co-operative project assigned to it, including any information it

deems appropriate for the purposes of this Agreement.

3. Each Participating Government, subject to its domestic laws and regulations and in accordance

with its respective budgetary appropriations, shall contribute, financially or otherwise, to the

effective implementation of the co-operative project and shall notify annually the Agency of any

such contribution.

Article VI

1. There shall be established a project committee for each co-operative project.

2. The project committee shall consist of one representative from each Participating Government

and one representative from the Agency. They may be accompanied by advisers.

3. The functions of the project committee shall be:

(a) to determine details for the implementation of each co-operative project in accordance with

its objectives;

(b) to establish and amend, as necessary, the portion of the co-operative project to be assigned to

each Participating Government, subject to the consent of that Government;

(d) to make recommendations to the Participating Governments and to the Agency with respect

to the co-operative project, and to keep under review the implementation of such

recommendations.

4. The project committee shall meet as required and, at least, once every year.

Article VII

1. The Agency shall perform secretariat duties under this Agreement. The Agency may be

assisted, as appropriate, by the Government Parties or by other relevant bodies so authorised by the

Meeting of Representatives.

2. Subject to available resources, the Agency shall endeavour to support co-operative projects

established in accordance with Article III by means of technical assistance and its other programmes.

Any such assistance shall be provided, mutatis mutandis, in accordance with the principles, rules and

procedures governing the provision of technical assistance by the Agency.

3. On the basis of recommendations made by the project committee for a co-operative project

pursuant to paragraph 3(d) of Article VI and in consultation with the project committee, the Agency

shall:

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(a) establish annually a schedule of work and modalities for the implementation of the co-

operative project;

(b) allocate among the Participating Governments the contributions made in accordance with

paragraph 3 of Article V and paragraph 1 of Article VIII;

implementation of their portions of the co-operative project pursuant to paragraph 2 of

Article V;

(d) assist the Participating Governments in the exchange of information and in compiling,

publishing and distributing reports on the co-operative project, as appropriate; and

(e) provide scientific and administrative support for the meetings of the project committee.

4. On the basis of the annual reports submitted by the Participating Governments pursuant to

paragraph 2 of Article V and in consultation with them, the Agency shall prepare annually an overall

report on the activities carried out under this Agreement, with particular reference to the

implementation of the co-operative projects established in accordance with Article III, and submit it

to the Meeting of Representatives.

Article VIII

1. With the consent of the Meeting of Representatives, the Agency may invite any Member State

of the Agency other than the Participating Governments, appropriate international organizations, or

any other relevant bodies, to contribute financially or otherwise to, or to participate in, a co-operative

project or other co-operative activities. The Agency shall inform the Participating Governments of

any such contributions or participation.

2. The Agency shall administer the contributions made pursuant to paragraph 3 of Article V and

paragraph 1 of this Article for the purposes of this Agreement, in accordance with its financial

regulations and other applicable rules. The Agency shall keep separate records and accounts for each

such contribution.

Article IX

1. In accordance with its applicable laws and regulations, each Government Party shall ensure

that the Agency's safety standards and security guidance documents relevant to a co-operative

project, as appropriate, are applied to its implementation.

2. Each Government Party undertakes that any assistance provided to it under this Agreement

shall be used only for peaceful purposes, in accordance with the Statute of the Agency.

3. Neither the Agency nor any Government or appropriate international organization making

contributions pursuant to paragraph 3 of Article V or paragraph 1 of Article VIII shall be held

responsible towards the Participating Governments or any person claiming through them for the safe

implementation of a co-operative project.

Article X

1. Any Government Party to this Agreement and the Agency may, where appropriate and in

consultation with each other, make co-operative arrangements with appropriate international

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organizations for the promotion and development of co-operative projects in the areas covered by

this Agreement.

2. Other relevant bodies may, if so authorised by the Meeting of Representatives, seek out

opportunities to participate in co-operative activities funded by other donors, and negotiate and

secure funding for co-operative projects.

Article XI

Any dispute which may arise with respect to the interpretation or application of this Agreement shall

be settled through consultations between the parties concerned, with a view to the settlement of the

dispute by negotiation or by any other peaceful means of settling disputes acceptable to them.

Article XII

1. Any Member State of the Agency that became a Party to the 1987 RCA or to the first, second,

third, fourth or fifth extension agreement thereto may become a Party to this Agreement by notifying

its acceptance thereof to the Director General of the Agency, who shall serve as Depositary of this

Agreement (hereinafter referred to as the " Depositary").

2. Any other Member State of the Agency in South Asia, East Asia, South East Asia or the

Pacific may become a Party to this Agreement by depositing an instrument of acceptance thereof

after their acceptance has been approved by the Meeting of Representatives.

Article XIII

1. This Agreement shall enter into force upon receipt by the Director General of the Agency of

the second notification of acceptance in accordance with Article XII. In the event such notification is

received by the Director General of the Agency prior to the expiration of the extended 1987 RCA,

this Agreement shall enter into force on the date of expiration of the said Agreement. With respect to

Governments accepting this Agreement thereafter, it shall enter into force on the date of receipt by

the Director General of the Agency of the notification of such acceptance.

2. This Agreement shall be of unlimited duration.

3. The co-operative projects established under the extended 1987 RCA which are being

implemented as of the date of entry into force of this Agreement shall be considered as co-operative

projects under this Agreement.

Article XIV

1. Any Government Party may propose an amendment to this Agreement. Proposed amendments

shall be considered at the Meeting of Representatives.

2. The text of any proposed amendment and the reasons for it shall be provided to the

Depositary, who shall communicate the proposal to the Government Parties promptly and at least

ninety days before the Meeting of Representatives for which it is submitted for consideration. Any

comments received on such a proposal shall be circulated by the Depositary to the Government

Parties.

3. Any amendment may be adopted only by consensus.

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Article XV

1. Any Government Party may denounce this Agreement by written notification to the

Depositary.

2. Denunciation shall take effect one year following the date of the receipt of the written

notification by the Depositary, or on such later date as may be specified in the notification.

Done at Ulaanbaatar on 18 May 2016, in the English language.