Статья 18«Соглашение между Правительством Российской Федерации и Правительством Объединенных Арабских Эмиратов о сотрудничестве в области использования атомной энергии в мирных целях» [рус., англ.]

Действие Соглашения

1. Настоящее Соглашение вступает в силу с даты получения по дипломатическим каналам последнего письменного уведомления о выполнении Сторонами внутригосударственных процедур, необходимых для его вступления в силу, и действует в течение 20 (двадцати) лет.

2. По истечении указанного срока действие настоящего Соглашения автоматически продлевается на последующие 10-летние периоды, если только одна из Сторон не уведомит другую Сторону по дипломатическим каналам в письменной форме не позднее чем за один год до истечения первого или любого последующего периода о своем намерении прекратить действие настоящего Соглашения.

3. Прекращение действия настоящего Соглашения в соответствии с пунктом 2 настоящей статьи не нанесет ущерба выполнению программ и проектов в рамках договоров (контрактов), заключенных во время действия настоящего Соглашения в соответствии со статьей 6 настоящего Соглашения, и не завершенных к дате прекращения его действия, если Стороны не достигли взаимной договоренности об ином.

4. В случае прекращения действия настоящего Соглашения обязательства Сторон по статьям 7, 9, 10, 11, 13, 15 и 16 настоящего Соглашения остаются в силе в течение всего периода, пока ядерный материал, материал, оборудование, компоненты или технология, подпадающие под действие статей 7, 9, 10, 11, 13, 15 и 16, находятся на территории государства любой из Сторон или где-либо под его юрисдикцией или контролем, или до наступления момента, когда такие предметы перестают подпадать под действие настоящего Соглашения в соответствии с его положениями.

Совершено в г. Абу-Даби 17 декабря 2012 г. в двух экземплярах, каждый на русском, арабском и английском языках, причем все тексты имеют одинаковую силу. В случае расхождения в толковании положений настоящего Соглашения используется текст на английском языке.

BETWEEN THE GOVERNMENT OF THE RUSSIAN FEDERATION AND THE GOVERNMENT OF THE UNITED ARAB EMIRATES ON COOPERATION IN THE FIELD OF THE USE OF NUCLEAR ENERGY FOR PEACEFUL PURPOSES

(Abu Dhabi, 17.XII.2012)

The Government of the Russian Federation and the Government of the United Arab Emirates hereinafter referred to as «the Parties»,

Taking Account of the friendly relations existing between the two states;

Noting with satisfaction the fruitful results of economic, technical and scientific cooperation between the two states;

Aiming at further development and intensification of mutually beneficial economic relations between the Russian Federation and the United Arab Emirates;

Based on principles of sovereign equality of both states and non-interference into internal affairs of each other;

Mindful that both states are members of the International Atomic Energy Agency (hereinafter referred to as «IAEA») and are parties to the Treaty on the Non-Proliferation of Nuclear Weapons of July 1, 1968 (hereinafter referred to as «NPT»);

Reaffirming their support for the objectives and provisions of the NPT and their desire to promote universal adherence to the NPT;

Reaffirming their support for the IAEA safeguards system and their desire to work together to ensure its effectiveness;

Acknowledging that the use of nuclear energy for Peaceful Purposes and assurance of nuclear and radiation safety are important factors in ensuring the social and economic development of both states;

Affirming the goal of pursuing the safe, secure and environmentally sustainable development of the use of nuclear energy for Peaceful Purposes;

Desiring to contribute to further cooperation between the two states in the field of the use of nuclear energy for Peaceful Purposes;

Have agreed as follows:

Unless otherwise defined in this Agreement, terms that are used in this Agreement have the definitions identified in the IAEA document INFCIRC/254/Rev.10/PartI and its further amendments which will be made. Any such amendment shall be valid under this Agreement only if the two Parties inform each other in written form through diplomatic channels that they accept such amendment.

The below mentioned terms have the following meanings:

«Component» means any part of Equipment or other item designated by agreement of the Parties;

«Information» means scientific, commercial, technical data or information in any form;

«Intellectual Property» has the meaning identified in Article 2 of the Convention establishing the World Organization for Intellectual Property signed in Stockholm on July 14, 1967;

«Material» means any non-Nuclear Material identified in the IAEA document referenced above;

«Nuclear Material» means any «source material» or «special fissionable material» as those terms are defined in Article XX of the Statute of the IAEA; and

«Peaceful Purposes» includes the use of Nuclear Material, Material, Equipment, Components, Information, and Technology in such fields as research, power generation, medicine, agriculture and industry, but does not include use in research on or the development of nuclear weapons, any explosive devices, or any military purpose. For purposes of this Agreement, military purpose shall not include provision of power for a military base drawn from any power network, production of radioisotopes to be use for medical purposes in a military hospital, or other similar purposes as may be mutually agreed by the Parties.

1. The Parties shall develop and strengthen their cooperation in the field of the use of nuclear energy for Peaceful Purposes in accordance with the needs and priorities of their respective national nuclear programs.

2. Cooperation between the Parties in the field of the of use of nuclear energy for Peaceful Purposes shall be in accordance with the provisions of this Agreement, legislations of the Parties' states and their international obligations.

3. Notwithstanding paragraphs 1 and 2 of this Article, Technology and Information for uranium enrichment, irradiated nuclear fuel reprocessing and conversion of plutonium are expressly excluded from the scope of cooperation between the Parties and shall not be transferred under this Agreement.

The Parties may implement cooperation in the following areas of the use of nuclear energy for Peaceful Purposes:

a) basic and applied research;

b) nuclear fuel cycle services delivery, including supply of nuclear fuel for nuclear power and research reactors, repatriation of irradiated nuclear fuel of the Russian origin, and irradiated nuclear fuel management;

c) identification of uranium mining and milling resources;

d) design, construction, operation and decommissioning of nuclear power and research reactors and water desalination systems;

e) nuclear and radiation safety regulation, oversight of physical protection of nuclear facilities, radiation sources, storage areas, Nuclear and radioactive Material;

f) nuclear and radiation safety, IAEA safeguards, and evaluation of nuclear radiation impact on the environment, emergency response;

g) production and application of radioisotopes in industry, medicine and agriculture;

h) education and training of experts in the field of nuclear energy;

i) development of nuclear energy infrastructure, including legal and regulatory framework in the field of the use of nuclear energy for Peaceful Purposes;

j) other areas of cooperation in the field of the use of nuclear energy for Peaceful Purposes that may be agreed upon by the Parties through diplomatic channels in writing.

Cooperation in the areas covered by Article 3 of this Agreement may be implemented in the following forms:

a) establishment of joint working groups to implement specific projects and scientific research;

b) exchange of experts;

c) organization of workshops and symposia;

d) assistance in education and training of administrative, scientific and technical personnel;

e) exchange of open access scientific and technical Information;

f) transferring Nuclear material, Material, Equipment, Components, Technology, and Information, between the Parties and/or their organizations and persons authorized in accordance with Article 6 of this Agreement; and

g) other forms of cooperation in the field of the use of nuclear energy for Peaceful Purposes that may be agreed upon by the Parties through diplomatic channels in writing.

1. Each Party shall designate competent authorities for the purpose of this Agreement (hereinafter referred to as «Competent Authorities»).

For the Government of the Russian Federation the Competent Authorities shall be the State Atomic Energy Corporation «Rosatom» and the Federal service for ecological, technological and atomic inspectorate (only for cooperation area specified in the paragraph (e) of the Article 3 of this Agreement).

For the Government of the United Arab Emirates the Competent Authority shall be the Ministry of Foreign Affairs.

2. The Parties shall notify each other in writing through diplomatic channels of any changes to the designation, described in paragraph 1 of this Article.

Cooperation in the areas described in the Article 3 of this Agreement shall be implemented by organizations and/or persons authorized by the Competent Authorities through concluding agreements (contracts) that determine the scope of cooperation, the rights and obligations of parties to the agreements (contracts), and financial and other terms of cooperation.

1. Information considered by the Russian Federation to be a state secret of the Russian Federation, and Information considered by the United Arab Emirates to be a state secret of the United Arab Emirates, shall not be transferred under this Agreement.

2. Information transferred under this Agreement or created from the implementation thereof and regarded by the transferring Party as confidential shall be clearly identified as such. The Party transferring such Information shall mark it in the Arabic language as «...» <*>, in the Russian language as «Конфиденциально», and in the English language as «Confidential».

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<*> Текст на национальном языке не приводится.

3. Each Party shall limit access to confidential Information to persons who require access to perform a lawful and authorized government function.

4. The Party receiving such Information shall protect it at a level equivalent at least to the level of protection applied to such Information by the supplying Party. The recipient Party shall not use or permit the use of confidential Information for any purpose other than that for which it was transferred, and such Information shall not be disclosed or transferred to a third party without the written consent of the transferring Party.

Such Information shall be treated in the Russian Federation as «official information of limited distribution». Such Information shall be protected in accordance with the legislation, rules and regulations of the Russian Federation.

Such Information shall be treated in the United Arab Emirates as «confidential». Such Information shall be protected in accordance with the legislation, rules and regulations of the United Arab Emirates.

5. The Parties shall limit the number of individuals with access to such Information to only those persons who receive such Information on a «need-to-know» basis.

6. Information transferred under this Agreement shall be used exclusively in accordance with this Agreement and not for any other purpose.

7. This Agreement does not require the transfer of any Information that the Parties are not permitted under their respective international treaties, legislation of the Parties' states.

The Parties shall facilitate for each other the transfer of Nuclear Material, Material, Equipment, Components, and Technology to implement joint programs in the use of nuclear energy for Peaceful Purposes. Such transfer is carried out in accordance with the legislations of the Parties' states.

1. The transfer of Nuclear Material, Material, Equipment, Components, and Technology as well as dual use items under this Agreement, shall be implemented in accordance with the obligations of the Parties' states arising from the NPT and other international treaties and agreements within the framework of the multilateral mechanisms of export control to which the Russian Federation or the United Arab Emirates are parties.

2. Nuclear Material, Material, Equipment, Components, Technology, and where applicable Information received under this Agreement, as well as Nuclear Material, Material, Equipment, Components, and Technology produced thereof or as a result of their use:

a) shall not be used for the manufacture of nuclear weapons and other nuclear explosive devices, for research on and/or for development of any such weapon or device, or for any other military purpose;

b) shall, for the Russian Federation, be subject to IAEA safeguards, where applicable, in accordance with the Agreement between the Union of Soviet Socialist Republics and the International Atomic Energy Agency for the Application of Safeguards in the Union of Soviet Socialist Republics of February 21, 1985 (INFCIRC/327);

c) shall, for the United Arab Emirates, be subject to IAEA safeguards in accordance with the Agreement between the United Arab Emirates and the International Atomic Energy Agency for the Application of Safeguards in Connection with the Treaty on the Non-proliferation of Nuclear Weapons of December 15, 2002 (INFCIRC/622) during the entire period of their actual presence in the territory or under the jurisdiction of the United Arab Emirates;

d) shall be provided with physical protection at a level not lower than the levels recommended by: (i) the IAEA's document «Nuclear Security Recommendations on Physical Protection of Nuclear Material and Nuclear Facilities» (INFCIRC/225/Rev.5), as amended from time to time, provided that such amendment has been accepted by both Parties, and (ii) the Convention on the Physical Protection of Nuclear Material of October 26, 1979, as amended from time to time, provided that such amendment has been accepted by both Parties;

e) may be stored by either Party, provided that this Party guarantees that no such Nuclear Material, Material, Equipment, Components, and Technology over which it has jurisdiction shall be stored in any facility that has not been mutually agreed to in advance by the Parties in written form. In selecting a storage facility, due consideration shall be given to non-proliferation and physical protection, nuclear and radiation safety and economic aspects; and

f) shall not be re-exported or transferred from the territory or beyond the territorial jurisdiction of the recipient Party's state to any other state, unless the Parties agree in writing, and shall be subject to IAEA safeguards in accordance with the safeguards agreement between such other state and the IAEA within the framework of respective NPT commitments.

3. Nuclear Material and Material, received under this Agreement, as well as Nuclear Material and Material produced thereof or as a result of their use may be transferred by the United Arab Emirates to any state that is party to NPT (hereinafter referred to as «Third Party»), subject to the following conditions: (i) the Emirates Party shall keep records of any such transfers and shall upon shipment notify in writing the Russian Party of each transfer; (ii) prior to any such transfer, the Emirates Party shall confirm in writing to the Russian Party that the Nuclear Material and Material transferred will be held within the jurisdiction of the Third Party and be subject to IAEA safeguards.

4. Nuclear Material subject to this Agreement shall not be enriched above twenty percent in the isotope uranium-235, and shall not be enriched or reprocessed within the jurisdiction of the state of the receiving Party without the prior written consent of the supplying Party.

5. Nuclear Material and Material, transferred and/or produced under this Agreement shall be subject to the state system of accounting and control of the receiving Party, and Equipment, Components, and Technology shall be subject to accounting and control of the state of the receiving Party.

6. Upon the request of either Party, the other Party shall inform to the requesting Party on the status of and/or amounts of all inventories of Nuclear Material, Material, Equipment, Components, and Technology, subject to this Agreement.

7. Nuclear Material, Material, Equipment, Components, and Technology subject to this Agreement shall no longer be subject to this Agreement if:

a) such Nuclear Material, Material, Equipment, Components and Technology have been transferred beyond the jurisdiction of the receiving Party's state in accordance with the relevant provisions of this Agreement;

b) the Parties agree in writing that such Nuclear Material, Material, Equipment, Components, and Technology shall no longer be subject to this Agreement; or

c) in the case of Nuclear Material, the IAEA determines, in accordance with the provisions for the termination of safeguards in the relevant safeguards agreements referred to in this Article, that the Nuclear Material has been consumed, or has been diluted in such a way that it is no longer usable for any nuclear activity relevant from the point of view of safeguards, or has become practicably irrecoverable.

Dual use Material, Equipment, Components, and related Technology, used for nuclear purposes and transferred under this Agreement and their reproduced copies thereof:

a) shall not be used for the manufacture of nuclear weapons and nuclear explosive devices; and

b) shall not be used to carry out any activities in the field of nuclear fuel cycle that are not subject to the IAEA safeguards under the relevant safeguards agreements; and

c) shall not be copied, modified, re-exported or transferred without prior written consent of the transferring Party.

The Parties shall cooperate on the issues of export control of such Material, Equipment, Components, and Technology.

Facilities and Technology for reprocessing of irradiated nuclear fuel, isotopic uranium enrichment and heavy water production, their major Components or any items produced thereof, as well as uranium enriched to 20 percent or greater in the isotope uranium-235, plutonium, uranium-233 and heavy water, together with any Information related to all of the foregoing, shall not be transferred under this Agreement.

1. The Parties shall establish a Joint Coordination Committee from representatives designated by the Competent Authorities to monitor the implementation of this Agreement, review issues arising in the course of its implementation and hold consultations on issues related to the use of nuclear energy for Peaceful Purposes and further cooperation.

2. The meetings of the Joint Coordination Committee shall be held as appropriate, or at the request of either Party, alternately in the Russian Federation and in the United Arab Emirates as mutually agreed by the Competent Authorities.

1. In the event of a dispute between the Parties concerning the interpretation or application of this Agreement, the Parties shall initially seek to resolve the dispute through consultations and negotiations, which may include use of non binding third party procedures such as mediation, conciliation or other diplomatic channels. Either Party may request such consultations and negotiations with the other Party at any time by delivering written notification to the other Party.

2. If any dispute arising between the Parties out of the interpretation or application of this Agreement is not settled by negotiation, mediation, conciliation or other similar procedure, such dispute shall, at the request of either Party, be submitted to an arbitral tribunal which shall be composed of three arbitrators appointed in accordance with the provisions of this Article. Each Party shall designate one arbitrator who may be a national of its state and the two arbitrators so designated shall elect a third, a national of a third state, who shall be the Chairman. If, within thirty (30) days of the request for arbitration, either Party has not designated an arbitrator, either Party may request the President of the International Court of Justice to appoint an arbitrator. The same procedure shall apply if, within thirty (30) days of the designation or appointment of the second arbitrator, the third arbitrator has not been elected, provided that the third arbitrator so appointed shall not be a national of the Russian Federation or of the United Arab Emirates.

3. The three arbitrators shall be required to unanimously approve all the procedural rules for the arbitration within thirty (30) days of the appointment of the third arbitrator. Any procedural rules which are unanimously approved by the three arbitrators shall be binding on the Parties with respect to the particular dispute(s) being arbitrated. If the arbitrators are unable to unanimously approve the procedural rules, either Party may request the President of the International Court of Justice to determine the procedural rules for the arbitration. The procedural rules determined by the President of the International Court of Justice shall be binding on the Parties with respect to the particular dispute(s) being arbitrated.

1. If either of the Parties:

a) violates the decisions of the arbitral tribunal referred to in Article 13 of this Agreement; or

b) terminates or materially violates its safeguards agreement with the IAEA referred to in Article 9 of this Agreement; or

c) violates the conditions of this Agreement;

then the other Party shall have the right to cease further cooperation under this Agreement in whole or in part, to require the return of any Nuclear Material, Material, Equipment, Components, or Technology transferred pursuant to this Agreement (subject to the requirement in paragraph 5 of this Article to compensate the organization authorized by the Competent Authority of such Party for the fair market value of such items as determined by the Parties or the arbitral tribunal pursuant to the Article 13), and to terminate this Agreement by giving 180 days written notice of such its intention.

2. Before either Party takes steps to cease cooperation under this Agreement in whole or in part or to terminate this Agreement, or to require return of any Nuclear Material, Material, Equipment, Components, or Technology transferred in accordance with this Agreement, the Parties shall consult for the purpose of reaching agreement on corrective measures that may be taken to remedy the situation referred to in paragraph 1 of this Article.

3. The Parties shall, where appropriate, carefully consider the following issues, taking into account the need to make such other appropriate corrective measures as may be required:

a) the effects of taking the steps referred to in paragraph 2 of this Article; and

b) whether the facts which gave rise to considering such steps were caused deliberately, and to the extent that they can be rectified.

4. The right referred to in this Article shall be exercised by either Party only if the other Party fails to take such corrective measures upon which the Parties reach agreement within a period of time of no more than ninety (90) days following the consultations referred to in paragraph 2 of this Article.

5. If either Party exercises its right under this Article to require the return of any Material, Nuclear Material, Technology, Equipment, and Components transferred pursuant to this Agreement, the organization authorized by the Competent Authority of such Party shall first compensate in full the other organization authorized by Competent Authority of the other Party for the fair market value of such items as determined by the Parties or the arbitral tribunal pursuant to Article 13 of this Agreement.

The Parties shall assure effective protection and allocation of rights for Intellectual Property transferred or created under the implementation of this Agreement in accordance with the legislation of the Parties' states and their international obligations. The specific conditions of such protection and rights allocation shall be determined in agreements (contracts) concluded in accordance with Article 6 of this Agreement.

Liability for nuclear damage that may arise from the implementation of cooperation under this Agreement shall be determined in appropriate agreements (contracts) concluded in accordance with Article 6 of this Agreement and in accordance with the legislations of the Parties' states and respective international obligations.

This Agreement may be amended through the Parties' mutual consent in written form through diplomatic channels. Any amendment shall enter into force on the date of the later diplomatic note, or on such other date as may be specified in the notes.

Article 18

Effectivness, duration and expiration

1. This Agreement shall enter into force on the date of reception through diplomatic channels the later written notification of the completion of the internal procedures of the Parties necessary for its entry into force and shall remain in force for twenty (20) years.

2. Thereafter, the Agreement shall be automatically extended for subsequent ten-year periods unless either Party notifies the other Party in writing no later than one year before the expiration of the initial or any subsequent period of its intention to terminate the Agreement.

3. The termination of the Agreement in accordance with the paragraph 2 of this Article shall not affect the implementation of programs and projects within the agreements (contracts) initiated in accordance with the Article 6 of this Agreement while the Agreement is in force and not completed by the date of its termination, unless otherwise mutually agreed to by the Parties.

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