*
5.
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Extent of contribution. Safeguards will be applicable in relation to technical assistance in the fields listed in paragraph 4 above only if it appears that a substantial contribution" is being made to the project assisted in accordance with procedures set forth in paragraph 7. In the absence of any precise criteria, an element of judgement will be required which must take into account, inter alia, the nature and scope of the information being transferred, the significance of equipment supplied, the precise nature and size of the project or those aspects of it for which assistance is required.
6.
Exclusions. The use of information transferred by the Agency which is freely avail- able to the public, e. g. through scientific and technical journals, proceedings of conferences and unclassified reports, etc., will not require the application of safeguards. Moreover, safeguards will not be applied in relation to certain types of Agency assistance to its Member States, such as participation in IAEA conferences, symposia and training courses, partici- pation in INIS, in nuclear data activities, including fusion data, and in other generalized arrangements or projects for the transfer of information.
7.
Procedures. All requests for technical assistance involving the provision of equipment and experts' services will be reviewed by the Secretariat in order to determine whether safeguards may be necessary. When submitting the draft technical assistance regular programme to the Technical Assistance Committee in November or December and to the February Board, the Director General will indicate which, if any, of the proposed projects are considered to make a substantial contribution within one or more of the sensitive areas listed in paragraph 4 above in relation to which appropriate safeguards may need to be applied. In the case of Member States which have concluded appropriate safeguards agree- ments with the Agency concerning the relevant activity, no additional safeguards agreements relating to the benefits obtained from technical assistance provided by the Agency will be required. In the case of Member States for which such provisions do not apply, safeguards agreements, where applicable, will be drawn up by the Agency to cover materials and facilities utilizing the technology being transferred and will be concluded before the delivery of the technical assistance. The agreements will provide for the application of the above safeguards only if the technical assistance is in fact effectively given to the requesting country.
8.
In the case of requests for scientific visits and fellowships no safeguards will normally be required. However when, in the opinion of the Secretariat, the quantum of assistance granted through such means constitutes a "substantial contribution" to a project in a
sensitive technological area", within a requesting Member State, the matter will be brought to the attention of the Board for appropriate action.
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