Статья 15«Соглашение между Правительством Российской Федерации и Правительством Мексиканских Соединенных Штатов о сотрудничестве в области мирного использования атомной энергии» [рус., англ.]

1. Настоящее Соглашение вступает в силу через тридцать (30) дней с даты получения по дипломатическим каналам последнего письменного уведомления о завершении Сторонами внутригосударственных процедур, необходимых для вступления Соглашения в силу.

2. Настоящее Соглашение действует пять (5) лет и автоматически продлевается на последующие 5-летние периоды, если только ни одна из Сторон не уведомит по дипломатическим каналам в письменной форме другую Сторону не менее чем за 1 год до истечения первоначального или любого последующего периода о своем намерении прекратить действие настоящего Соглашения.

3. Прекращение действия настоящего Соглашения не затрагивает выполнения программ и проектов, начатых в период его действия и не завершенных на дату прекращения его действия, если Стороны не договорятся об ином.

4. В случае прекращения действия настоящего Соглашения обязательства Сторон в соответствии со статьями 7, 8 и 13 настоящего Соглашения остаются в силе.

Совершено в г. Мехико и г. Москве соответственно 4 и 24 декабря 2013 г. в двух экземплярах, каждый на русском, испанском и английском языках, причем все тексты имеют одинаковую силу. В случае возникновения разногласий в толковании статей настоящего Соглашения используется текст на английском языке.

BETWEEN THE GOVERNMENT OF THE RUSSIAN FEDERATION AND THE GOVERNMENT OF THE UNITED MEXICAN STATES ON COOPERATION IN THE FIELD OF THE PEACEFUL USE OF NUCLEAR ENERGY

(Mexico, Moscow, 04 — 24.XII.2013)

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

Taking into account the friendly relations between the Russian Federation and the United Mexican States,

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

In accordance with the provisions of the Agreement between the Union of Soviet Socialist Republics and the International Atomic Agency for the Application of Safeguards in the Union of Soviet Socialist Republics of February 21, 1985 (hereinafter referred to as «Safeguards Agreement of 1985») and the Protocol between the Russian Federation and the International Atomic Energy Agency, Additional to 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 March 22, 2000,

In accordance with the provisions of the Agreement between the United Mexican States and the International Atomic Energy Agency for the Application of Safeguards in Connection with the Treaty for the Prohibition of Nuclear Weapons in Latin America and the Caribbean and the Treaty on the Non-Proliferation of Nuclear Weapons of September 27, 1972 (hereinafter referred to as «Safeguards Agreement of 1972») and the Protocol Additional to the Agreement between the United Mexican States and the International Atomic Energy Agency for the Application of Safeguards in Connection with the Treaty for the Prohibition of Nuclear Weapons in Latin America and the Caribbean and the Treaty on the Non-Proliferation of Nuclear Weapons of March 29, 2004,

Acknowledging that the peaceful use of nuclear energy and the assurance of nuclear safety and security and radiological protection are important factors in ensuring the social and economic development of both States,

Wishing to contribute to the further cooperation between both States in the field of the peaceful use of nuclear energy,

Taking into account the wish to develop the peaceful use of nuclear energy in accordance with the provisions in the Convention on Nuclear Safety of June 17, 1994, in the Convention on Early Notification of a Nuclear Accident of September 26, 1986, in the Convention on Assistance in the Case of a Nuclear Accident or Radiological Emergency of September 26, 1986, in the Convention on the Physical Protection of Nuclear Materials of October 26, 1979 in the Amendment to the Convention on the Physical Protection of Nuclear Materials of July 8, 2005 and in the Vienna Convention on Civil Liability for Nuclear Damage of May 21, 1963 to which both States are parties,

Have agreed as follows:

1. The Parties shall develop and strengthen the cooperation in the field of the peaceful use of nuclear energy in accordance with their needs and priorities.

2. Such cooperation shall be carried out in accordance with the provisions of this Agreement and the legislation of the Russian Federation and the United Mexican States.

The Parties shall implement the cooperation in the field of the peaceful use of nuclear energy in the following areas:

a) basic and applied research in the field of the peaceful use of nuclear energy, including nuclear fusion research and new reactor technology;

b) design, construction, operation, life extension, decommissioning and training on operation of nuclear power and research reactors;

c) nuclear fuel cycle services delivery and development, specifically the supply of nuclear fuel for nuclear power and research reactors, and radioactive waste management;

d) development, design and production of materials and components for nuclear power and research reactors;

e) nuclear safety and security, radiological protection, emergency response;

f) regulation on nuclear safety and security and radiological protection, control of the physical protection of nuclear facilities, radiation sources, storage areas, and nuclear and radioactive materials;

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

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

i) other areas of cooperation that may be agreed upon by the Parties in writing through diplomatic channels.

Cooperation in the areas covered by Article 2 of this Agreement shall 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 scientific and technical personnel;

e) exchange and access to scientific and technical information; and

f) other forms of cooperation that may be agreed by the Parties in writing through diplomatic channels.

The terms used in this Agreement shall have the meanings specified in the IAEA document INFCIRC/254/Rev.10/Part1 «Communication Received from the Permanent Mission of the Netherlands regarding Certain Member States' Guidelines for the Export of Nuclear Material, Equipment and Technology» and its further amendments. Any such amendment shall be valid under this Agreement only when the Parties inform each other in writing through diplomatic channels that they accept such amendment.

1. For the implementation of this Agreement the Parties designate the following Competent Authorities.

For the Government of the Russian Federation the Competent Authorities shall be the State Atomic Energy Corporation «Rosatom» for all areas of cooperation and the Federal Service for Ecological, Technological and Atomic Inspection for the area referred to in Article 2, paragraph (f) of this Agreement.

For the Government of the United Mexican States the Competent Authority shall be the Ministry of Energy.

2. The Parties shall notify each other without delay through diplomatic channels of any change of the Competent Authorities.

Cooperation referred to in Article 2 of this Agreement shall be implemented by the organizations and/or institutions authorized by the Competent Authorities of the Parties by concluding appropriate legal instruments (agreements, contracts, etc.) specifying the scope of cooperation, the rights and obligations of such parties, financial, any pertinent information and other terms of cooperation in accordance with the legislation of the Russian Federation and the United Mexican States.

1. The use of information under this Agreement shall be subject to the provisions of the legislation of the Russian Federation and the United Mexican States.

Information classified as a state secret by the Russian Federation under its national legislation shall not be transferred under this Agreement.

2. The Parties shall use the information supplied under this Agreement only for the purposes for which it was supplied. Information transferred under this Agreement or created from the implementation thereof and considered by the transferring Party as confidential shall be clearly marked as such and shall not be published or re-transferred to third parties without prior approval in writing from the supplying Party. The Party transferring such information under this Agreement shall mark such information in the Russian language as «Конфиденциально», in the Spanish language as «Reservada» and in the English language as «Reserved».

Such information shall be protected to a level not lower than the level used by the supplying Party, in accordance with the legislation of the receiving State.

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

Such information shall be treated in the United Mexican States as «Reserved» and protected in accordance with the legislation, rules and regulations of the United Mexican States.

4. The Parties shall adopt all necessary security measures to ensure that only duly authorized personnel shall have access to such information supplied under this Agreement.

5. If deemed necessary the Parties may adopt additional measures for the protection of information supplied under this Agreement.

1. Export of nuclear materials, equipment, special non-nuclear materials and related technologies, as well as dual-use items under the Agreement shall be implemented in accordance with the obligations of the Parties 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 and/or the United Mexican States are parties and in accordance with their national legislation.

2. Nuclear materials, equipment, special non-nuclear materials and related technologies received under this Agreement, as well as nuclear and special non-nuclear materials, facilities and equipment produced thereof or as a result of their use:

a) shall not be used for manufacturing nuclear weapons or other nuclear explosive devices or for any other military purpose;

b) shall be provided with physical protection measures at a level not lower than the levels recommended by the IAEA document «The Physical Protection of Nuclear Material and Nuclear Facilities» (INFCIRC/225/Rev.5) and its further amendments;

c) shall be re-exported or transferred from the jurisdiction of the State of the receiving Party to any third state, only in accordance with the provisions of this Article, the legislation of the State of the receiving Party and with the prior written consent of the supplying Party.

3. Regarding nuclear materials received under this Agreement, as well as nuclear materials produced as a result of the use of nuclear materials, equipment, special non-nuclear materials and related technology received under this Agreement, the provisions of the Safeguards Agreement of 1985 and the provisions of the Safeguards Agreement of 1972, shall be applied, to the Russian Federation, where applicable, or to the United Mexican States during the entire period of their actual presence within its territory or under its jurisdiction.

4. Nuclear materials transferred under this Agreement, as well as nuclear materials produced as a result of the use of nuclear materials, equipment, special non-nuclear materials and related technologies received under this Agreement, shall not be enriched to 20 percent or more in uranium-235 and shall not be enriched or reprocessed without prior written consent of the transferring Party.

5. Equipment and materials of dual-use and related technologies used for nuclear purposes and any reproduced copies thereof, received from the Russian Federation under this Agreement:

a) shall be used exclusively for the declared purposes that are not related to the activities for the manufacture of nuclear explosive devices;

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

c) shall not be copied, modified, re-exported and transferred to a third party without written consent of the Russian organization or institution authorized in accordance with Article 6 of this Agreement, made in accordance with the legislation of the Russian Federation.

6. Equipment and materials of dual-use and related technologies used for nuclear purposes received from the United Mexican States under this Agreement and any reproduced copies thereof:

a) shall be used exclusively for the declared purposes that are not related with activities for the manufacture of nuclear explosive devices;

b) shall not be copied, modified, re-exported and transferred to a third party without written consent of the Mexican organization or institution authorized in accordance with Article 6 of this Agreement, made in accordance with the legislation of the United Mexican States.

7. The Parties shall cooperate on the issues of export control of nuclear materials, equipment, special non-nuclear materials and related technologies, as well as dual-use items. Control of the use of supplied nuclear materials, equipment, special non-nuclear materials and related technologies, as well as nuclear and special non-nuclear materials, facilities and equipment produced thereof or as a result of their use shall be exercised in accordance with the terms agreed by the Parties through consultations and the legislation of the Russian Federation and the United Mexican States.

Facilities and technologies for chemical reprocessing of irradiated nuclear fuel, isotopic enrichment of uranium and heavy water production, their major components or any items produced thereof, as well as uranium enriched to 20 percent or more in uranium-235, plutonium and heavy water shall not be transferred under this Agreement.

1. The Parties shall establish a Joint Coordination Committee composed of an equal number of representatives designated by the Competent Authorities of the Parties to propose specific cooperation activities and to monitor the implementation of this Agreement, review the issues arising in the course of its implementation and hold consultations on issues related to the peaceful use of nuclear energy.

2. The meetings of the Joint Coordination Committee shall be held, upon request by either Party, alternately in the Russian Federation and in the United Mexican States as agreed by the Competent Authorities of the Parties.

Civil liability for nuclear damage that may arise from the implementation of cooperation under this Agreement shall be defined by means of legal instruments (agreements, contracts, etc.), concluded in accordance with Article 6 of this Agreement as well as the legislation of the Russian Federation and the United Mexican States and their respective international obligations.

Any disputes arising from the application or interpretation of the provisions of this Agreement shall be settled by consultations or negotiations between the Parties.

The Parties shall assure effective protection and distribution of the rights to intellectual property transferred under this Agreement or created through the implementation thereof. The specific conditions of such protection and rights distribution shall be determined in legal instruments (agreements, contracts, etc.) concluded in accordance with Article 6 of this Agreement.

This Agreement may be amended by mutual written consent of the Parties through diplomatic channels. Such amendments shall enter into force in accordance with the procedure defined in Article 15, paragraph 1, of this Agreement.

1. This Agreement shall enter into force thirty (30) days after the date of reception of the latter notification exchanged between the Parties through diplomatic channels, which communicates the completion of their internal procedures required for such purpose.

2. This Agreement shall remain in force for five (5) years, and shall be automatically extended for subsequent five (5) year periods unless either Party notifies the other Party in writing through diplomatic channels of its intention to terminate this Agreement, no later than one (1) year before the expiration of the initial five (5) year period or any subsequent five (5) year period.

3. The termination of this Agreement shall not affect the implementation of the programs and projects initiated while the Agreement has been in force and not completed by the date of its termination, unless otherwise agreed by the Parties.

4. In case of termination of this Agreement, the obligations of the Parties under the Articles 7, 8 and 13 of this Agreement shall remain in force.

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