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Laws & Regulations Database of The Republic of China (Taiwan)

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1.Signed on August 25,1966; Entered into force on September 28,1966.
 
The Government of the Republic of China and the Government of t-
he United States of America,
Desiring to amend the Agreement for Cooperation Concerning Civil
Uses of Atomic Energy Between the Government of the Republic of
China and the Government of the United States of America, signed
at Washington on July 18,1955 (hereinafter referred to as the
“Agreement for Cooperation”), as amended by the Agreements si-
gned at Washington on December 8, 195, June 11, 1960, May 31,196
2, and June 8, 1964.
Agree as follows:
ARTICLE Ⅰ
Article I, Paragraph A of the Agreement for Cooperation, as ame-
nded, is amended to read as follows:
“A. Subject to the limitations of Article V, the Parties hereto
will exchange information in the following fields:
1 design, construction, operation, and use of research reactors,
materials testing reactors, and reactor experiments;
2 the use of radioactive isotopes and source, special nuclear,
or byproduct material in physical and biological research, me-
dical therapy, agriculture, and industry; and
3 health and safety problems related to the foregoing. ”
ARTICLE Ⅱ
A. Article Ⅱ, Paragraph A of the Agreement for Cooperation, as
amended, is amended to read as follows:
“A. The Commission will transfer to the Government of the R-
epublic of China uranium enriched in the isotope U-235, subj-
ect to the terms and conditions herein, as may be required as
initial and replacement fuel in the operation of research re-
actors, materials testing reactors, and reactor experiments
which the Government of the Republic of China, in consultati-
on with the Commission, decides to consultation with the Com-
mission, decides to construct or operate or decides to autho-
rize private individuals and private organizations under its
jurisdiction to construct or operate.”
B. Article Ⅱ, Paragraph B of the Agreement for Cooperation, as
amended, is amended as follows:
1 The number, “six (6) ”, is deleted wherever it appears and
the number, “eight (8)”, is substituted in lieu thereof.
2 The last sentence thereof is deleted and the following is sub-
stituted in lieu thereof:
“The Commission may, however, upon request, make all or a po-
rtion of the foregoing special nuclear material available as
uranium enriched to more than twenty percent (20%) by weight
in the isotope U-235 when there is a technical or economic ju-
stification for such a transfer for use in research reactors,
materials testing reactors, and reactor experiments, each cap-
able of operating with a fuel load not to exceed eight (8) ki-
lograms of the isotope U-235 contained is such uranium.”
ARTICLE Ⅲ
Article Ⅳ of the Agreement for Cooperation is amended to read
as follows:
“With respect to the subjects of agreed exchange of information
referred to in Article I, it is understood that arrangements may
be made between either Party or authorized persons under its ju-
risdiction and authorized persons under the jurisdiction of the
other for the transfer of materials, including special nuclear
material, and equipment and devices, and for the performance of
services. Such arrangements shall be subject to :
1 the limitations applicable to transations between the Parties
under Article Ⅱ;
2 Article Ⅴ; and
3 applicable laws, regulations, policies, and license requireme-
nts of the Parties.”
ARTICLE Ⅳ
Paragraphs A, B, and C of Article Ⅵ of the Agreement for Coope-
ration, as amended, are amended to read as follows:
“A. Government of the Republic of China and the Government of
the United States of America emphasize their common interest in
assuring that any material, equipment, or device made available
to the Government of the Republic of China or any person under
its jurisdiction pursuant to this Agreement shall be used solely
for civil purposes.
“B. Except to the extent that the safeguards provided for in t-
his Agreement are supplanted, by agreement of the Parties as pr-
ovided in Article Ⅶ (A), by safeguards of the international At-
omic Energy Agency, the Government of the United States of Amer-
ica, notwithstanding any other provisions of this Agreement, sh-
all have the following rights:
(1) With the objective of assuring design and operation for civ-
il purposes and permitting effective application of safegua-
rds, to review the design of any
(a) reactor, and
(b) other equipment and devices, the design of which the Commi-
ssion determines to be relevant to the effective applicati-
on of safeguards,
Which are, or have been, made available to the Government of
the Republic of China or any person under its jurisdiction
under this Agreement, or which are to use, fabricate, or pr-
ocess any of the following materials so made available: sou-
rce material, special nuclear material, moderator material
or other material designated by the Commission;
(2) With respect to any source or special nuclear material made
available under this Agreement to the Government of the Rep-
ublic of China or any person under its jurisdiction by the
Government of the United States of America or any person un-
der its jurisdiction and any source or special nuclear mate-
rial utilized in recovered from, or produced as a result of
the use of any of the following materials, equipment or dev-
ices so made available:
(a) source material, special nuclear material, moderator mater-
ial, or other material designated by the Commission,
(b) reactors,
(c) any other equipment or device designated by the Commission
as an item to be made available on the condition that the
provisions of this subparagraph B (2) will apply,
(i) to require the maintenance and production of operating re-
cords and to request and receive reports for the purpose
of assisting in ensuring accountability for such material-
s; and
(ii) to require that any such material in the custody of the
Government of the Republic of China or any person under
its jurisdiction be subject to all of the safeguards pro-
vided for in this Article and the guaranties set forth in
Article Ⅶ;
(3) To require the deposit in storage facilities designated by
the Commission of any of the special nuclear material refer-
red to in subparagraph B (2) of this Article which is not c-
urrently utilized for civil purposes in the Republic of Chi-
na and which is not retained or purchased by the Government
of the United States of America pursuant to Paragraphs E or
F, respectively, of Article Ⅱ, or otherwise disposed of pu-
rsuant to an arrangement mutually acceptable to the Parties;
(4) To designate, after consultation with the Government of the
Republic of China, personnel who, accompanied, if either Pa-
rty so requests, by personnel designated by the Government
of the Republic of China, shall have access in the Republic
of China to all places and data necessary to account for the
source and special nuclear materials which are subject to s-
ubparagraph B (2) of this Article, to determine whether the-
re is compliance with this Agreement, and to make such inde-
pendent measurements as may be deemed necessary;
(5) In the event of non-compliance with the provisions of this
Article or the guaranties set forth in Article Ⅶ and the f-
ailure of the Government of the Republic of China to carry
out the provisions of this Article within a reasonable time,
to suspend or terminate this Agreement and to require the r-
eturn of any materials, equipment, and devices referred to
in subparagraph B (2) of this Article;
(6) Ton consult with the Government of the Republic of China in
the matter of health and safety.
“C. The Government of the Republic of China undertakes to
facilitate the application of the safeguards provided for in
this Article.”
ARTICLE Ⅴ
Article Ⅶ, Paragraph B of the Agreement for Cooperation is ame-
nded by adding the words, “or group of nations”, following the
word, “nation”, wherever it appears.
ARTICLE Ⅵ
Article Ⅶ (A) 1 of the Agreement for Cooperation, as amended,
is amended by deleting the reference, “paragraph C”, and the
commas preceding and following such reference.
ARTICLE Ⅶ
This Amendment shall enter into force on the date on which each
Government shall have received from the other Government written
notification that it has complied with all statutory and consti-
tutional requirements for the entry into force of such Amendment
and shall remain in force the period of the Agreement for Coope-
ration, as amended.
IN WITNESS WHEREOF, the undersigned, duly authorized, have sign-
ed this Amendment.
DONE at Washington, in duplicate, this twenty-fifth day of Augu-
st,1966.
For the Government of the Republic of China
(Signed)
Chow Shu-kai
For the Government of the United States of America
(Signed)
William P. Bundy
Glenn T. Seaborg
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