News

23 September 1997

GCC9 TEXT: U.S.-RUSSIA AGREEMENT ON PLUTONIUM PRODUCTION REACTORS

(Signed by VP Gore and PM Chernomyrdin September 23) (1700)



(The following agreement was released September 23, 1997 by the White
House Office of the Vice President following the ninth meeting of the
U.S.-Russian Joint Commission on Economic and Technical Cooperation,
also known as the Gore-Chernomyrdin Commission)


U.S.-Russian Joint Commission on Economic and Technological
Cooperation


GORE-CHERNOMYRDIN COMMISSION



AGREEMENT BETWEEN THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND
THE GOVERNMENT OF THE RUSSIAN FEDERATION CONCERNING COOPERATION
REGARDING PLUTONIUM PRODUCTION REACTORS


The Government of the United States of America and the Government of
the Russian Federation, hereinafter referred to as the Parties,


Expressing their desire to cooperate with each other to elaborate
measures designed to prevent the accumulation of excessive stocks of
Plutonium and to reduce them in the future;


Taking into account the intent of the Government of the Russian
Federation to take out of operation three presently operating reactors
that produce Plutonium and that provide heat and electricity to
regions where they are located, and to create alternative sources of
heat and electricity;


Taking into account the shutdown by the United States of America of
all of its Plutonium production reactors as of 1989;


Have agreed as follows:



Article I



1. All reactors listed in Annex I to this Agreement, which is an
integral part of this Agreement, have ceased operations. These
reactors shall not resume operation.


2. All reactors listed in Annex II to this Agreement, which is an
integral part of this Agreement, shall cease by December 31, 2000,
their production of non-reactor-grade Plutonium by undergoing
modification. After the completion of modifications, these reactors
shall permanently cease operation at the end of their normal lifetime,
consistent with prudent safety considerations.


Article II



1. The U.S. Party shall provide, subject to the availability of
appropriated funds for this purpose, and subject to the Agreement
between the Department of Defense of the United States of America and
the Ministry of the Russian Federation for Atomic Energy Concerning
the Modification of the Operating seversk (Tomsk Region) and
Zheleznogorsk (Krasnoyarsk Region) Plutonium Production Reactors,
which will be governed as specified in Article I, paragraph 4, of that
agreement and overseen as specified in Article VI of that agreement,
step-by-step funding for cooperative implementation of the reactor
modifications specified in Article I, paragraph 2, of this Agreement.


2. Provision of funds as described in paragraph 1 of this Article will
be based on the achievement of cooperation project milestones to be
agreed between the U.S. Party and the Russian Party. In the event that
the Russian Party should fail to achieve an agreed cooperation project
milestone or the U.S. Party should fail to provide an agreed level of
assistance, including funding, to support an agreed cooperation
project milestone, either Party may request consultations to determine
how best to achieve the objectives of this Agreement under those
circumstances. These consultations shall begin within 30 days of such
a request. If after ISO days from the beginning of consultations, the
Parties do not reach agreement, each Party shall have the right to
suspend, until such agreement is achieved, implementation of this
Agreement by sending the other Party, through diplomatic channels,
appropriate written notification. The consultations specified in this
paragraph shall continue until agreement is reached or, if this is not
possible, until the termination of this Agreement, using the
procedures provided for in Article XI, paragraph 4, of this Agreement.


Article III



For the purposes of this Agreement, the cessation of plutonium
production specified in Article I, paragraph 2, will require the
cessation of production by the reactors listed in Annex II to this
Agreement of spent fuel containing Plutonium whose combined Pu-240
plus Pu-238 isotopic concentration is less than 20 percent of total
Pu, averaged over the total fuel discharged in any one batch. Once
each reactor listed in Annex II to this Agreement is modified, it will
utilize an alternative type of fuel including uranium derived from
dismantled nuclear weapons.


Article IV



The plutonium produced after entry into force of this Agreement in the
reactors identified in Annex II to this Agreement, and any
high-enriched uranium recovered from spent fuel discharged from the
modified reactors, shall not be used in nuclear weapons.


Article V



Procedures necessary to assure compliance with the obligations
provided for in Articles I, III, and IV of this Agreement are
contained in Annex III, which is an integral part of this Agreement.


Article VI



1. In order to prevent access to it by people and organizations not
participating in the implementation of this Agreement, information
transmitted under this Agreement may be considered as sensitive by the
Parties. Such information must be clearly designated and marked. The
Party transmitting the information shall designate information as
sensitive in accordance with its internal laws and regulations. The
Party receiving the information shall handle this information as
sensitive.


2. Sensitive information shall be handled in accordance with the laws
and regulations of the Party receiving the information, and this
information shall not be disclosed or transmitted to a third Party not
participating in implementation of this Agreement without the clearly
expressed consent of the Party transmitting the information. According
to the regulations of the United States, such information shall be
treated as foreign government information provided in confidence and
shall be protected appropriately. According to the regulations of the
Russian Federation, such information shall be treated as official
information with limited distribution and shall be protected
appropriately.


3. The Parties shall assure effective protection of and allocation of
rights to intellectual property transmitted or created under this
Agreement, as set forth in this Article and in Annex IV to this
Agreement, which forms an integral part of this Agreement.


4. Information transmitted under this Agreement must be used solely
for the purposes established by this Agreement in accordance with the
laws, regulations, and mutual interests of the States represented by
the Parties.


5. The number of people having access to sensitive information must be
limited to the number necessary to implement this Agreement and other
programs associated with this Agreement.


Article VII



In order to ensure the possibility of taking the reactors listed in
Annex II to this Agreement out of operation, the Russian Party shall
undertake to create alternative sources of thermal and electrical
energy to replace these reactors by the time of their final shutdown.
To assist this effort, the U.S. Party will encourage private sector
participation in the creation of replacement sources of energy. The
U.S. Party does not guarantee the participation of the private sector
in these activities, and its degree of success in this effort shall
not alter in any way the obligations undertaken by the Parties in this
Agreement.


Article VIII



The Parties shall designate Executive Agents to implement this
Agreement and its Annexes and Subsidiary Arrangements as follows: for
the U.S. Party, the Executive Agents shall be the Department of
Defense for implementation of Article II and the Department of Energy
for the implementation of the remainder of the Agreement and its
Annexes and Subsidiary Arrangements; for the Russian Party, the
Executive Agent shall be the Ministry of the Russian Federation for
Atomic Energy. After consultation with the other Party, either Party
shall have the right to change its Executive Agent upon 30 days'
written notice to the other Party.


Article IX



To ensure achievement of the objectives and implementation of this
Agreement, the Parties hereby establish a Joint Implementation and
Compliance Commission (JICC), which shall convene no later than 21
days following the request of either Party, unless otherwise agreed.
The tasks of the JICC shall include the following:


(a) To review implementation of this Agreement, to include resolution,
by mutual agreement, of any implementation issues;


(b) To consider questions concerning implementation and effectiveness
of monitoring procedures;


c) To resolve any disputes that may arise regarding compliance with
the provisions of this Agreement or its Annexes or Subsidiary
Arrangements; and


(d) To discuss and, if necessary, prepare recommendations concerning
any amendments to this Agreement or its Annexes or Subsidiary
Arrangements, as well as proposals for resolving any disputes that
cannot be resolved in the JICC.


Article X



In the event of conflict between the provisions of this Agreement and
any Annexes or Subsidiary Arrangements to this Agreement, the
provisions of this Agreement shall prevail.


Article XI



1. This Agreement shall enter into force upon signature on the same
date as the implementing agreement specified in Article II, paragraph
1, of this Agreement.


2. This Agreement may be amended by agreement between the Parties. Any
such amendment shall enter into force upon signature.


3. Each of the Subsidiary Arrangements shall be considered to be an
integral part of their respective Annex to this Agreement under the
condition, however, that they can be changed and added to by agreement
between the sides represented by their Executive Agents as they are
described according to Article VIII of this Agreement.


4. This Agreement may be terminated by either Party by sending written
notice through diplomatic channels of its intent to terminate this
Agreement, in which case this Agreement terminates after one year from
the date of sending this notification. Termination of this Agreement
shall not affect the following:


and



(a) The provisions of Article VI shall continue in effect;



(b) The obligations provided for in Article IV of this Agreement, and
the associated compliance procedures, shall continue in effect with
respect to Plutonium produced at the reactors listed in Annex II to
this Agreement between entry into force of this Agreement and the date
of its termination. The procedures specified in Annex III of this
Agreement cease to be applicable to this Plutonium when the Plutonium
is being used for needs that are not inconsistent with the objectives
of this Agreement, as detailed in Annex III.


DONE at Moscow, in duplicate, this twenty-third day of September,
1997, in the English and Russian languages, both texts being equally
authentic.


FOR THE GOVERNMENT OF THE UNITED STATES OF AMERICA:





FOR THE GOVERNMENT OF THE RUSSIAN FEDERATION: