Safeguards Agreement States

    The original protocol on small quantities was made available to States with minimal or non-minimal nuclear material and without nuclear material in a “facility”. The original Protocol on small quantities suspends the application of many provisions of the Global Guarantee Agreement (Part II). While this simplifies the implementation of safeguard measures in a state with an initial protocol for small quantities, it also results in a number of restrictions. The Safeguard Agreement between the United States (United States) and the International Atomic Energy Agency (IAEA) is an agreement between the U.S. government and the IAEA on the application of international security measures for nuclear material at facilities in the United States. Although this is not necessary under the Treaty on the Non-Proliferation of Nuclear Weapons (NPT), the United States voluntarily signed (1977) a safeguards agreement authorizing the IAEA to “. Security measures, …, applicable to all sources or special fissile materials in all establishments located in the United States, with the exception of entities that are related to activities that are of direct importance to national security for the United States… The United States is implementing the U.S.-IAEA safeguards agreement to show other countries that the implementation of IAEA security measures does not economically penalize their nuclear facilities compared to U.S. nuclear facilities. Where released nuclear material is to be transformed or stored at the same time as nuclear material subject to the safeguards provided for in this Agreement, provision should be made for the re-application of security measures. (b) where the containment has changed unexpectedly from the regime provided for in the ancillary agreements, to the extent that the unauthorized withdrawal of nuclear material subject to the precautionary measures provided for in this Agreement has become possible. These agreements allow States to exercise their right to peaceful nuclear energy within the framework of the NPT, without fear that they will actually develop nuclear weapons in violation of the treaty.

    (b) Nothing in this Agreement shall affect the right of the United States to transfer materials subject to the safeguards offered by this Agreement to destinations not within the jurisdiction or tribunal of the United States. The United States shall provide the Agency with information on such transfers in accordance with Article 89. The Agency shall keep records of any such transfers and, where appropriate, of the re-application of precautionary measures to the nuclear material transferred. In 2018, the IAEA developed state-level approaches for five other states, bringing the total number of countries with a comprehensive safeguards agreement and a state-developed approach to 130. According to the IAEA in 2018, “these 130 states hold 97% of all nuclear material (in considerable quantities) under the Agency`s security measures in states with a comprehensive safeguards agreement.” Where nuclear material subject to safeguards under this Agreement is to be used for non-nuclear activities such as the manufacture of alloys or ceramics, the United States shall agree with the organization, before the material is used in this manner, the circumstances in which it is possible to terminate the precautionary measures relating to that material. . . .