THE GOVERNMENT OF AUSTRALIA AND THE GOVERNMENT OF THE RUSSIAN FEDERATION, (HEREINAFTER REFERRED TO AS “THE PARTIES”),
DESIRING to promote their cooperation in the use of nuclear energy for peaceful purposes;
REAFFIRMING their commitment to ensure that the international development and the use of nuclear energy for peaceful purposes further the objective of the non-proliferation of nuclear weapons;
MINDFUL that Australia and the Russian Federation are parties to the Treaty on the Non-Proliferation of Nuclear Weapons done at Moscow, Washington and London on 1 July 1968;
MINDFUL that the Russian Federation is a nuclear-weapon State and is party to the Agreement between the Government of the Union of the Soviet Socialist Republics and the International Atomic Energy Agency for the application of safeguards in the Union of Soviet Socialist Republics, concluded on 21 February 1985 (hereinafter referred to as “the 1985 Safeguards Agreement”);
MINDFUL that Australia, as a non-nuclear-weapon State, has, under the Treaty on the Non-Proliferation of Nuclear Weapons, undertaken not to manufacture or otherwise acquire nuclear weapons or other nuclear explosive devices and that it is party to the Agreement between Australia and the International Atomic Energy Agency for the application of safeguards in connection with the Treaty on the Non-Proliferation of Nuclear Weapons, concluded on 10 July 1974 (hereinafter referred to as “the 1974 Safeguards Agreement”);
REAFFIRMING their support for the objectives and provisions of the Treaty on the Non-Proliferation of Nuclear Weapons and their desire to promote universal adherence to that Treaty;
REAFFIRMING their support for the International Atomic Energy Agency (hereinafter referred to as “the IAEA”) safeguards system and their desire to work together to ensure its continued effectiveness;
TAKING ACCOUNT of their support for the principles of openness and transparency in matters relating to nuclear energy and the non-proliferation of nuclear weapons;
REAFFIRMING their commitment to the Convention on the Physical Protection of Nuclear Material done at Vienna and New York on 3 March 1980;
REAFFIRMING their commitment to the International Convention for the Suppression of Acts of Nuclear Terrorism done at New York on 14 September 2005;
HAVE AGREED as follows:
For the purposes of this Agreement:
“component” means a component part of equipment or other item, so designated by agreement of the Parties in writing through diplomatic channels;
“Eligible Facilities List” means the nuclear fuel cycle facilities list provided to the IAEA, designating those facilities eligible for IAEA safeguards in accordance with the 1985 Safeguards Agreement;
“equipment” means those items listed in IAEA document INFCIRC/254/Rev.8/Part 1, as amended from time to time. Any such amendment shall have effect under this Agreement only when both Parties have informed each other in writing through diplomatic channels that they accept such amendment;
“intellectual property” shall have the meaning set out in Article 2 of the Convention Establishing the World Intellectual Property Organization, done at Stockholm on 14 July 1967;
“material” means any non-nuclear materials listed in IAEA document INFCIRC/254/Rev.8/Part 1, as amended from time to time. Any such amendment shall have effect under this Agreement only when both Parties have informed each other in writing through diplomatic channels that they accept such amendment;
“peaceful purpose” includes the use of nuclear material, material, equipment, components and technology in such fields as electric power generation, medicine, agriculture and industry, but does not include research on or development of any explosive devices, or any military purpose. Military purpose does not include provision of power for a military base drawn from any power network, production of radioisotopes to be used for medical purposes in a military hospital, or other similar purposes as may be mutually agreed by the Parties in writing through diplomatic channels;
“nuclear material” means any “source material” or “special fissionable material” as those terms are defined in Article XX of the Statute of the IAEA. Any determination by the Board of Governors of the IAEA under Article XX of the Statute of the IAEA which amends the list of materials considered to be “source material” or “special fissionable material” shall have effect under this Agreement only when both Parties have informed each other in writing through diplomatic channels that they accept such amendment;