ANNEX
THE APPLICATION OF SAFEGUARDS IN RELATION TO THE GRANTING OF TECHNICAL ASSISTANCE
1. Among the numerous and diverse requests for technical assistance examined by the Agency each year a small number may appear to relate, directly or indirectly, to
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'sensitive technological areas" in relation to which safeguards are normally applied. The question therefore arises as to whether safeguards should be applied to materials, equipment and facilities within the "sensitive technological area" to which the assistance requested is relevant bearing in mind that technical assistance refers primarily to the provision of equip- ment and experts' services.
2.
Any policy laid down by the Board regarding the application of safeguards to materials, equipment and facilities in "sensitive technological areas" which benefit from technical assistance provided by the Agency will need first to be in accordance with the Agency's Statute under which the Agency "shall ensure, so far as it is able, that assistance provided by it or at its request or under its supervision or control is not used in such a way as to further any military purpose" and "is authorized to establish and administer safeguards designed to ensure that special fissionable and other materials, services, equipment, facilities, and information made available by the Agency or at its request or under its supervision or control are not used in such a way as to further any military purpose"[1]. Secondly, such a policy must clearly take full account of the views of all countries concerned. Further, the policy will be determined to a large extent by practical considerations bearing in mind the scale of operations and the special characteristics of certain technical assistance projects. Finally, it will be necessary to ensure uniformity of treatment among all Member States in fulfilment of Article III. C of the Statute.
3. In view of the difficulty of drawing up precise and meaningful threshold criteria for the triggering of safeguards in certain fields it is desirable that the Secretariat, in analysing requests on a case-by-case basis, should be allowed a certain amount of flexibility in applying this policy within broad guidelines established by the Board. All safeguards agreements will, in accordance with the usual practice, be placed before the Board. In addition, cases where there is disagreement between the Secretariat and a Member State concerning the application of this policy to a proposal for technical assistance put forward by that State will be referred to the Board for decision. In this manner an Agency policy will evolve guaranteeing objective and uniform treatment of all requests.
4. Fields of application. The "sensitive technological areas" which are referred to in paragraph 1 above and which are relevant to the application of safeguards are:
(a) Uranium enrichment;
(b) Reprocessing of spent fuel;
(c) Production of heavy water; and
(d) Handling of plutonium, including manufacture of plutonium and mixed
uranium/plutonium fuel.
This list, which will be kept under review by the Director General, may be modified by the Board from time to time in the light of experience.
[1]
Agency's Statute, Articles II and III. A. 5 respectively.
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