WHEREAS the Government of United States of America and the Gove-
rnment of the Republic of China have agreed to continue coopera-
ting on the civil uses of atomic energy under their Agreement f-
or Cooperation of 18 July 1955 which requires that equipment, d-
evices and materials made available to the Republic of China by
the United States of America be used solely for peaceful purpos-
es and establishes a system of safeguards to that end;
WHEREAS the Agreement for Cooperation reflects the mutual recog-
nition of the two Governments of the desirability of arranging
for the Agency to administer safeguards as soon as practicable;
WHEREAS the Agency is, pursuant to its Statute and the action of
its Board of Governors, now in a position to apply safeguards in
accordance with the Agency's Safeguards Document and Inspectors
Document;
WHEREAS the two Governments have reaffirmed their desire that e-
quipment, devices and materials supplied by the United States of
America under the Agreement for Cooperation or produced by their
use or otherwise subject to safeguards under that Agreement sha-
ll not be used for any military purpose and have requested the
Agency to apply safeguards to such materials, equipment and fac-
ilities as are covered by this Agreement; and
WHEREAS the Board of Governors of the Agency approved that requ-
est on 23 February 1971;
NOW, THEREFORE, the Agency and the two Governments agree as fol-
lows:
PART Ⅰ
DEFINITIONS
Section 1. For the purposes of the Agreement:
(a) “Agency” means the International Atomic Energy Agency;
(b) “Board” means the Board of Governors of the Agnecy;
(c) “Agreement for Cooperation” means the Agreement between t-
he Government of the Republic of China and the Government of
the United States of America for Cooperation on the Civil
Uses of Atomic Energy signed on 18 July 1955 as amended, or
a new superseding agreement for cooperation, as amended;
(d) “Inspectors Document”means the Annex to Agency document GC
(V)/INF/39, which was placed in effect by the Board on 29 J-
une 1961;
(e) “Inventory” means either of the lists of material, equipm-
ent and facilities described in Section 10;
(f) “Nuclear material” means any source or special fissionable
material as defined in Article XX' of the Agency's Statute;
(g) “Safeguards Document” means Agency document INFCIRC/66/Rev
. 2, which contains provisions approved by the Board on 28
September 1965, 17 June 1966 and 13 June 1968;
(h) “Agreement for the Application of Safeguards” means the A-
greement between the International Atomic Energy Agency, the
Government of the Republic of China and the Government of t-
he United Staes of America for the Application of Safeguards
signed on 21 September 1964.
PART Ⅱ
UNDERTAKINGS BY THE GOVERNMENTS AND THE AGENCY
Section 2. the Government of the Republic of China undertakes t-
hat it will not use in such a way as to further any military pu-
rpose any material, equipment of facility while it is listed in
the Inventory for the Government of the Republic of China.
Section 3. The Government of the United States of America under-
takes that it will not use in such a way as to further any mili-
tary purpose any special fissionable material, equipment or fac-
ility while it is listed in the Inventory for the Government of
the United States of America;
Section 4. The Agency undertakes to apply its safeguards system
in accordance with the provisions of this Agreement to materials
, equipment and facilities while they are listed in the Invento-
ries to ensure so far as it is able that they will not be used
in such a way as to further any military purpose.
Section 5. The Government of the Republic of China and the Gove-
rnment of the United States of America undertake to facilitate
the application of safeguards and to cooperate with the Agency
and each other to that end.
Section 6. The Government of the United States of America agrees
that its rights under the Agreement for Cooperation to apply sa-
feguards to equipment, devices and materials subject to that Ag-
reement will be suspended with respect to material, equipment a-
nd facilities while they are listed in the Inventory for the Go-
vernment of the Republic of China. It is understood that no oth-
er rights and obligations of the Government of the Republic of
China and the Government of the United States of America between
themselves under the Agreement for Cooperation will be affected
by this Agreement.
Section 7. If the Agency is relieved, pursuant to section 23(a),
of its undertaking in Section 4, or if for any other reason the
Board determines that the Agency is unable to ensure that any m-
aterial, equipment or facility listed in an Inventory is not be-
ing used for any military purpose, the material, equipment of f-
acility involved shall thereby automatically be removed from su-
ch Inventory until the Board determines that the Agency is again
able to apply safeguards thereto. When, under this Section, an
item is removed from the Inventory for either Government, the A-
gency may, at the request of the other Government, provide it w-
ith information available to the Agency about such material, eq-
uipment or facility in order to enable that Government to exerc-
ise effectively its rights thereto.
Section 8. The Government of the Republic of China and the Gove-
rnment of the Unites States of America shall promptly notify the
Agency of any amendment to the Agreement for Cooperation and any
notice of termination given with respect to that Agreement.
PART Ⅲ
INVENTORIES AND NOTIFICATIONS
Section 9.
(a) The inventories of the materials, equipment and facilities
within the jurisdiction of Government of the Republic of Ch-
ina and the Government of the United States of America which
were, at the time this Agreement enters into force, subject
to Agency safeguards under the Agreement for the Application
of Safeguards signed on 21 September 1964, shall constitute
the initial Inventories for the respective Governments under
this Agreement and the Agency will continue to apply safegu-
ards to such materials, equipment and facilities.
(b) Thereafter the Government of the Republic of China and the
Government of the United States of America shall jointly no-
tify the Agency of:
(i) Any transfer directly or indirectly from the United States
of America to the Republic of China under their Agreement
for Cooperation of materials, equipment of facilities;
(ii) Any transfer from the Republic of China to the United Sta-
tes of America of any special fissionable material which
has been included in the Inventory for the Government of
the Republic of China pursuant to Section 10(a)(iii).
(c) Either the Government of the Republic of China or the Gover-
nment of the United States of America, whichever is concern-
ed. shall also thereafter notify the Agency of any other eq-
uipment and facilities which are required to be listed in an
Inventory in accordance with Section 10 (b) or (a).
(d) The Agency shall, within 30 days of its receipt of a notifi-
cation under this Section, advise both Governments either;
(i) That the items covered by the notification are listed in t-
he appropriate Inventory as of the date of the Agency's ad-
vice; or
(iii) That the Agency is unable to apply safeguards to such it-
ems, in which case, however, it may indicate at what fut-
ure time or under which conditions it would be albe to a-
pply safeguards thereto if the Governments so desire.
Section 10. The Agency shall establish and maintain the Invento-
ry with respect to each Government which shall be divided into
three Categories.
(a) Category I of the Inventory with respect to the Government
of the Republic of China shall list:
(i) Equipment and facilities transferred to the Republic of ch-
ina;
(ii) Material transferred to Republic of China or material subs-
tittuted therefor in accordance with paragraph 25 or 26(d)
of the Safeguards Document with the exception of material
referred to in (iii) below;
(iii) Special fissionable material produced in the Republic of
China, as specified in Section 12, or any material substi-
tuted therefor in accordance with paragraphs 25 or 26(d)
of the Safeguards Document, together with any special fis-
sionable material produced in another jurisdiction subject
to Agency safeguards and transferred to the Republic of C-
hina under the Agreement for Cooperation: and
(iv) Nuclear materials, other than those which are listed under
(ii) or (iii) above, which are processed or used in any of
t he materials, equipment of facilities listed under (i),
(ii) or (iii) above, or any material substituted therefor
in accordance with paragraph 25 or 26(d) of the Safeguards
Document.
(b) Category Ⅱ of the Inventory with respect to the Government
of the Republic of China shall list:
(i) Any facility while it incorporates any equipment listed in
Category I of the Inventory for the Government of the Repu-
blic of China; and
(ii) Any facility while it is containing, using fabricating or
processing any material listed in Category I of the Inven-
tory for the Government of the Republic of China.
(c) Category Ⅱ of the Inventory with respect to the Government
of the Republic of China shall list any nuclear material wh-
ich would normally be listed in Category I of the Inventory
for the Government of the Republic of China but which is not
so listed because:
(i) It is exempt from safeguards in accordance with the provis-
ions of paragraph 21, 22 or 23 of the Safeguards Document;
or
(ii) Safeguards thereon are suspended in accordance with the p-
rovisions of paragraph 24 or 25 of the Safeguards Document
.
(d) Category I of the Inventory with respect to the Government
of the United States of America shall list:
(i) Special fissionable material of whose transfer from the Re-
public of China the Agency has been notified pursuant to S-
ection 9(b)(ii) or material substituted therefor in accord-
ance with paragraph 25 or 26(d) of the Safeguards Document;
or
(ii) Special fissionable material produced in the United States
of America, as specified in Section 12, or any material s-
ubstituted therefor in accordance with paragraph 25 or 26(
d) of the Safeguards Document.
(e) Category Ⅱ of the Inventory with respect to the Government
of the United States of America shall list any equipment of
facility while it is containing, using, fabrication or proc-
essing any material listed in Category I of the Inventory f-
or the Government of the United States of America.
(f) Category Ⅲ of the Inventory with respect to the Government
of the United States of America shall list any material whi-
ch would normally be listed in Category I of the Inventory
for the Government of the United States of America but which
is not so listed because:
(i) It is exempt from safeguards in accordance with the provis-
ions of paragraph 21, 22 or 23 of the Safeguards Document;
or
(ii) Safeguards thereon are suspended in accordance with the p-
rovisions of paragraph 24 or 25 of the safeguards Document
.
The Agency shall send copies of both Inventories to both Govern-
ments every twelve months and also at any other times specified
by either Government in a request communicated to the Agency at
least two weeks in advance.
Section 11. The notification by the two Governments provided for
in Sections 9(b) and 14 shall normally be sent to the Agency not
more than two weeks after the material, equipment or facility a-
rrives in the Republic of China or the United States of America,
respectively, except that shipments of source material in quant-
ities not exceeding one metric ton shall not be subject to the
twoweek notification requirement but shall be reported to the A-
gency at intervals not exceeding three months. All notifications
under Section 9 shall include, to the extent relevant, the nucl-
ear and chemical composition, the physical form, and the quanti-
ty of the material and/or the type and capacity of the equipment
of facility involved, the date of shipment, the date of receipt,
the identity of the consignor and consignee, and any other rele-
vant information.
The two Governments also undertake to give the Agency as much a-
dvance notice as possible of the transfer of large quantities of
nuclear materials major equipment of facilities.
Section 12. Each Government shall notify the Agency, by means of
its reports pursuant to the Safeguards Document, of any special
fissionable material it has produced, during the period covered
by the report, in or by the use of any of the materials, equipm-
ent or facilities described in Section 10(a), 10(b) (i) or 10(d)
. Upon receipt by the Agency of the notification, such produced
material shall be listed in Category I of the Inventory, provid-
ided that any material so produced shall be deemed to be listed
and therefore shall be deemed to be listed and therefore shall
be subject to safeguards by the Agency from the time it is prod-
uced. The Agency from the time it is produced. The Agency may v-
erify the calculations of the amounts of such materials; approp-
riate adjustment in the Inventory shall be made by agreement of
the Parties; pending final agreement of the Parties, the Agency-
's calculations shall govern.
Section 13. The Government of the Republic of China shall notify
the Agency, by means of its reports pursuant to the Safeguards
Document, of any nuclear materials required to be listed in Cat-
egory I of its Inventory pursuant to Section 10(a)(iv). Upon re-
ceipt by the Agency of the notification, such nuclear material
shall be listed in Category I of the Inventory, provided that a-
ny material so processed or used shall be deemed to be listed a-
nd therefore shall be subject to safeguards by the Agency from
the time it is processed or used.
Section 14. Without prejudice to the provisions of Section 9(b)(
ii), the two Governments shall also jointly notify the Agency of
the transfer to the United States of America of any other mater-
ials, equipment or facilities listed in the Inventory for the G-
overnment of the Republic of China, and these shall be deleted
from the said Inventory upon the receipt thereof in the United
States of America.
Section 15. The two Governments shall jointly notify the Agency
of any transfer of materials, equipment of facilities listed in
Category I of the Inventory to a recipient which is not under t-
he jurisdiction of either of the two Governments. Such materials
, equipment or facilities may be transferred and shall thereupon
be deleted from the Inventory, provided that:
(a) Arrangements have been made by the Agency to safeguard such
materials, equipment or facilities; or
(b) The materials, equipment or facilities will be subject to s-
afeguards other than those of the Agency but generally cons-
istent with such safeguards and accepted by the Agency.
Section 16. Whenever either Government intends to transfer mate-
rial or equipment, listed in Category I of its Inventory, to a
facility within its jurisdiction which the Agency has not previ-
ously accepted for listing in that Government's Inventory, any
notification 9(c) shall be made to the Agency before such trans-
fer is effected. The Government may make the transfer to that f-
acility only after the Agency has accepted that notification.
Section 17. The notification provided for in Sections 15 and 16
shall be sent to the Agency sufficiently in advance so as to en-
able the Agency to make any arrangements required by these Scct-
ions before the transfer is effected. The Agency shall take any
necessary action promptly. The contents of these notifications
shall conform, as far as appropriate, to the requirements of Se-
ction 11.
Section 18. The Agency shall exempt from safeguards nuclear mat-
erial under the conditions specified in paragraph 21, 22 or 23
of the Safeguards Document and shall suspend safeguards with re-
spect to nuclear material under the conditions specified in par-
agraph 24 or 25 of the Document.
Section 19. The Agency shall terminate safeguards under this Ag-
reement with respect to those items deleted from an Inventory as
provided in Sections 14 and 15. Nuclear material other than that
covered by the preceding sentence of this Section shall be dele-
ted from the Inventory and Agency safeguards thereon shall be t-
erminated as provided in paragraph 26 of the Safeguards Document
.
Section 20. The two Governments and the Agency shall agree on t-
he conditions for exemption, suspension or termination of safeg-
uards on items not covered by Sections 18 and 19.
PART Ⅳ
SAFEGUARDS PROCEDURES
Section 21. In applying safeguards, the Agency shall observe the
principles set forth in paragraphs 9 through 14 of the Safeguar-
ds Document.
Section 22. The safeguards to be applied by the Agency to the i-
tems listed in the Inventories are those procedures specified in
the Safeguards Document. The Agency shall make subsidiary arran-
gements with each Government concerning the implementation of s-
afeguards procedures which shall include any necessary arrangem-
ents for the application of safeguards to non-nuclear materials
and equipment. The Agency shall have the right to request the i-
nformation referred to in paragraph 41 of the Safeguards Docume-
nt and to make the inspections referred to in paragraphs 51 and
52 of the Safeguards Document.
Section 23. If the Board determines that there has been any non-
compliance with this Agreement, the Board shall call upon the G-
overnment concerned to remedy such non-compliance forthwith, and
shall make such reports as it deems appropriate. If the Governm-
ent fails to take fully corrective action within a reasonable t-
ime:
(a) The Agency shall be relieved of its undertaking go apply sa-
feguards under Section 4 for such time as the Board determi-
nes that the Agency cannot effectively apply the safeguards
provided for in this Agreement; and
(b) The Board may take any measures provided for in Article ＸⅡ
. C. of the Statute of the Agency.
The Agency shall promptly notify both Governments in the event
of any determination by the Board pursuant to this Section.
PART V
AGENCY INSPECTORS
Section 24. Agency inspectors performing functions pursuant to
this Agreement shall be governed by paragraphs 1 through 7 and 9
, 10, 12 and 14 of the Inspectors Document.
However, paragraph 4 of the Inspectors Document shall not apply
with regard to any facility or to nuclear material to which the
Agency has access at all times. The actual procedures to implem-
ent paragraph 50 of the Safeguards Document in the United States
of America and in the Republic of China shall be agreed between
the Agency and the Government concerned before the facility or
material is listed in the Inventory.
Section 25. The Government of the Republic of China shall apply
the relevant provisions of the Agreement on the Privileges and
Immunities of the Agency to Agency inspectors performing functi-
ons under this Agreement and to any property of the Agency used
by them.
Section 26. The provisions of the International Organizations I-
mmunities Act of the United States of America shall apply to Ag-
ency inspectors performing functions in the United States of Am-
erica under this Agreement and to any property of the Agency us-
ed by them.
PART Ⅵ
FINANCE
Section 27. Each Party shall bear any expense incurred in the i-
mplementation of its responsibilities under this Agreement. The
Agency shall reimburse each Government for any special expenses,
including those referred to in paragraph 6 of the Inspectors Do-
cument, incurred by the Government or persons under its jurisdi-
ction at the written request of the Agency, if the government n-
otified the Agency before the expense was incurred that reimbur-
sement would be required. These provisions shall not prejudice
the allocation of expenses attributable to a failure by a Party
to comply with this Agreement.
Section 28.
(a) In carrying out its functions under this Agreement within t-
he United States of America, the Agency and its personnel s-
hall be covered to the same extent as United States of Amer-
ica nationals by any protection against third-party liabili-
ty provided under the Price-Anderson Act, including insuran-
ce or other indemnity coverage that may be required by the
Price-Anderson Act with respect to nuclear incidents within
the United States of America.
(b) The Government of the Republic of China shall ensure that a-
ny protection against third-party liability including any i-
nsurance or other financial security, in respect of a nucle-
ar incident occurring in a nuclear installation under its j-
urisdiction shall apply to the Agency and its inspectors wh-
en carrying out their functions under this Agreement as that
protection applies to nationals of the Republic of China.
PART Ⅶ
SETTLEMENT OF DISPUTES
Section 29. Any dispute arising out of the interpretation or ap-
plication of this Agreement which is not settled by negotiation
or as may otherwise be agreed by the Parties concerned shall on
the request of any Party be submitted to an arbitral tribunal c-
omposed as follows:
(a) If the dispute involves only two of the Parties to this Agr-
eement, all three Parties agreeing that the third is not co-
ncerned, the two Parties involved shall each designate one
arbitrator, and the two arbitrators so designated shall ele-
ct a third, who shall be the Chairman. If within thirty days
of the request for arbitration either Party has not designa-
ted an arbitrator, either Party to the dispute may request
the President of the International Court of Justice to appo-
int an arbitrator. The same procedure shall apply if, within
thirty days of the designation or appointment of the second
arbitrator, the third arbitrator has not been elected; or
(b) If the dispute involves all three Parties to this Agreement,
each Party shall designate one arbitrator, and the three ar-
bitrators so designated shall by unanimous decision elect a
fourth arbitrator, who shall be the Chairman and a fifth ar-
bitrator. If within thirty days of the request for arbitrat-
ion any Party has not designated an arbitrator, any Party m-
ay request the President of the International Court of Just-
ice to appoint the necessary number of arbitrators. The same
procedure shall apply if, within thirty days of the designa-
tion or appointment of the third of the first three arbitra-
tors, the Chairman or the fifth arbitrator has not been ele-
cted.
A majority of the members of the arbitral shall constitute a qu-
orum, and all decisions shall be made by majority vote. The arb-
itral procedure shall be fixed by the tribunal. The decisions of
the tribunal, including all rulings concerning its constitution,
procedure, jurisdiction and the division of the expenses of arb-
itration between the Parties shall be binding on all Parties. T-
he remuneratio of the arbitrator shall be determined on the same
basis as that of ad hoc jujges of the International Court of Ju-
stice.
Section 30. Decisions of the Board concerning the implementation
of this Agreement, except such as relate only to Part VI, shall,
if they so provide, be given effect immediately by the Parties,
pending the final settlement of any dispute.
PART
AMENDMENT, MODIFICATIONS, ENTRY INTO FORCE AND DURATION
Section 31. The Parties shall, at the request of any one of them
, consult about amending this Agreement, If the Board modifies
the Safeguards Document, or the scope of the safeguards system,
this Agreement shall be amended if the Governments so request to
take account of any or all such modifications. If the Board mod-
ifies the Inspectors Document, this Agreement shall be amended
if the Governments so request to take account of any or all such
modifications.
Section 32. This Agreement shall be signed by or for the Direct-
or General of the Agency and by the authorized representatives
of the Government of the Republic of China and the Government of
the United States of America and shall enter into force upon si-
gnature, and shall thereupon supersede the Agreement for the Ap-
plication of Safeguards signed on 21 September 1964.
Section 33. This Agreement shall remain in force during the term
of the Agreement for Cooperation, as extended or amended from t-
ime to time, unless terminated sooner by any Party upon six mon-
ths notice to the other Parties or as may otherwise agreed.
It may be prolonged for further periods as agreed by the Parties
and may be terminated sooner by any Party on six months notice
to the other Parties or as may be otherwise agreed. However, th-
is Agreement shall remain in force with regard to any nuclear m-
aterial referred to in Section 10(a)(iii) or 10(d) until the Ag-
ency has notified both Governments that it has terminated safeg-
uards on such material in accordance with Section 19.
DONE in Vienna, this sixth day of December 1971, in triplicate
in the English language.
For the International Atomic energy Agency:
(Signed)
Sigvard Eklund
For the Government of the Republic of China:
(Signed)
Tsing-chang Liu
For the Government of the United States of America:
(Signed)
Dinght J. Borter