AGREEMENT BETWEEN THE REPUBLIC OF RWANDA AND THE INTERNATIONAL ATOMIC ENERGY AGENCY FOR THE APPLICATION OF SAFEGUARDS IN CONNECTION WITH THE TREATY ON THE NON PROLIFERATION OF NUCLEAR WEAPONS

Article 13, if such nuclear material is recoverable; and (c) plutonium with an isotopic concentration of plutonium-238 exceeding 80%. 11 A r t i c l e 36 At the request of Rwanda the Agency shall exempt from safeguards nuclear material that would otherwise be subject to safeguards, provided that the total quantity of nuclear material which has been exempted in Rwanda in accordance with this Article may not at any time exceed: (a) one kilogram in total of special fissionable material, which may consist of one or more of the following: (i) plutonium; (ii) (iii) uranium with an enrichment of 0.2 (20%) and above, taken account of by multiplying its weight by its enrichment; and uranium with an enrichment below 0.2 (20%) and above that of natural uranium, taken account of by multiplying its weight by five times the square of its enrichment; (b) (c) ten metric tons in total of natural uranium and depleted uranium with an enrichment above 0.005 (0.5%); twenty metric tons of depleted uranium with an enrichment of 0.005 (0.5%) or below; and (d) twenty metric tons of thorium; or such greater amounts as may be specified by the Board for uniform application. A r t i c l e 37 If exempted nuclear material is to be processed or stored together with nuclear material subject to safeguards under this Agreement, provision shall be made for the re-application of safeguards thereto. SUBSIDIARY ARRANGEMENTS A r t i c l e 38 Rwanda and the Agency shall make Subsidiary Arrangements which shall specify in detail, to the extent necessary to permit the Agency to fulfil its responsibilities under this Agreement in an effective and efficient manner, how the procedures laid down in this Agreement are to be applied. The Subsidiary Arrangements may be extended or changed by agreement between Rwanda and the Agency without amendment of this Agreement. A r t i c l e 39 The Subsidiary Arrangements shall enter into force at the same time as, or as soon as possible after, the entry into force of this Agreement. Rwanda and the Agency shall make every effort to achieve their entry into force within ninety days of the entry into force of this 12 Agreement; an extension of that period shall require agreement between Rwanda and the Agency. Rwanda shall provide the Agency promptly with the information required for completing the Subsidiary Arrangements. Upon the entry into force of this Agreement, the Agency shall have the right to apply the procedures laid down therein in respect of the nuclear material listed in the inventory provided for in Article 40, even if the Subsidiary Arrangements have not yet entered into force. INVENTORY A r t i c l e 40 On the basis of the initial report referred to in Article 61, the Agency shall establish a unified inventory of all nuclear material in Rwanda subject to safeguards under this Agreement, irrespective of its origin, and shall maintain this inventory on the basis of subsequent reports and of the results of its verification activities. Copies of the inventory shall be made available to Rwanda at intervals to be agreed. DESIGN INFORMATION General provisions A r t i c l e 41 Pursuant to Article 8, design information in respect of existing facilities shall be provided to the Agency during the discussion of the Subsidiary Arrangements. The time limits for the provision of design information in respect of the new facilities shall be specified in the Subsidiary Arrangements and such information shall be provided as early as possible before nuclear material is introduced into a new facility. A r t i c l e 42 The design information to be provided to the Agency shall include, in respect of each facility, when applicable: (a) (b) (c) (d) the identification of the facility, stating its general character, purpose, nominal capacity and geographic location, and the name and address to be used for routine business purposes; a description of the general arrangement of the facility with reference, to the extent feasible, to the form, location and flow of nuclear material and to the general layout of important items of equipment which use, produce or process nuclear material; a description of features of the facility relating to material accountancy, containment and surveillance; and a description of the existing and proposed procedures at the facility for nuclear material accountancy and control, with special reference to material balance areas established by the operator, measurements of flow and procedures for physical 13 inventory taking. A r t i c l e 43 Other information relevant to the application of safeguards shall also be provided to the Agency in respect of each facility, in particular on organizational responsibility for material accountancy and control. Rwanda shall provide the Agency with supplementary information on the health and safety procedures which the Agency shall observe and with which the inspectors shall comply at the facility. A r t i c l e 44 The Agency shall be provided with design information in respect of a modification relevant for safeguards purposes, for examination, and shall be informed of any change in the information provided to it under Article 43, sufficiently in advance for the safeguards procedures to be adjusted when necessary. A r t i c l e 45 Purposes of examination of design information The design information provided to the Agency shall be used for the following purposes: (a) (b) to identify the features of facilities and nuclear material relevant to the application of safeguards to nuclear material in sufficient detail to facilitate verification; to determine material balance areas to be used for Agency accounting purposes and to select those strategic points which are key measurement points and which will be used to determine flow and inventory of nuclear material; in determining such material balance areas the Agency shall, inter alia, use the following criteria: (i) (ii) (iii) the size of the material balance area shall be related to the accuracy with which the material balance can be established; in determining the material balance area advantage shall be taken of any opportunity to use containment and surveillance to help ensure the completeness of flow measurements and thereby to simplify the application of safeguards and to concentrate measurement efforts at key measurement points; a number of material balance areas in use at a facility or at distinct sites may be combined in one material balance area to be used for Agency accounting purposes when the Agency determines that this is consistent with its verification requirements; and (iv) a special material balance area may be established at the request of Rwanda around a process step involving commercially sensitive information; (c) to establish the nominal timing and procedures for taking of physical inventory of nuclear material for Agency accounting purposes; 14 (d) (e) (f) to establish the records and reports requirements and records evaluation procedures; to establish requirements and procedures for verification of the quantity and location of nuclear material; and to select appropriate combinations of containment and surveillance methods and techniques and the strategic points at which they are to be applied. The results of the examination of the design information shall be included in the Subsidiary Arrangements. A r t i c l e 46 Re-examination of design information Design information shall be re-examined in the light of changes in operating conditions, of developments in safeguards technology or of experience in the application of verification procedures, with a view to modifying the action the Agency has taken pursuant to Article 45. A r t i c l e 47 Verification of design information The Agency, in co-operation with Rwanda, may send inspectors to facilities to verify the design information provided to the Agency pursuant to Articles 41-44, for the purposes stated in

Article 45. INFORMATION IN RESPECT OF NUCLEAR MATERIAL OUTSIDE FACILITIES A r t i c l e 48 The Agency shall be provided with the following information when nuclear material is to be customarily used outside facilities, as applicable: (a) (b) a general description of the use of the nuclear material, its geographic location, and the user's name and address for routine business purposes; and a general description of the existing and proposed procedures for nuclear material accountancy and control, including organizational responsibility for material accountancy and control. The Agency shall be informed, on a timely basis, of any change in the information provided to it under this Article. A r t i c l e 49 The information provided to the Agency pursuant to Article 48 may be used, to the extent relevant, for the purposes set out in Article 45(b)-(f). 15 RECORDS SYSTEM General provisions A r t i c l e 50 In establishing its system of materials control as referred to in Article 7, Rwanda shall arrange that records are kept in respect of each material balance area. The records to be kept shall be described in the Subsidiary Arrangements. A r t i c l e 51 Rwanda shall make arrangements to facilitate the examination of records by inspectors, particularly if the records are not kept in English, French, Russian or Spanish. A r t i c l e 52 Records shall be retained for at least five years. A r t i c l e 53 Records shall consist, as appropriate, of: (a) accounting records of all nuclear material subject to safeguards under this Agreement; and (b) operating records for facilities containing such nuclear material. A r t i c l e 54 The system of measurements on which the records used for the preparation of reports are based shall either conform to the latest international standards or be equivalent in quality to such standards. Accounting records A r t i c l e 55 The accounting records shall set forth the following in respect of each material balance area: (a) (b) (c) all inventory changes, so as to permit a determination of the book inventory at any time; all measurement results that are used for determination of the physical inventory; and all adjustments and corrections that have been made in respect of inventory changes, book inventories and physical inventories. 16 A r t i c l e 56 For all inventory changes and physical inventories the records shall show, in respect of each batch of nuclear material: material identification, batch data and source data. The records shall account for uranium, thorium and plutonium separately in each batch of nuclear material. For each inventory change, the date of the inventory change and, when appropriate, the originating material balance area and the receiving material balance area or the recipient, shall be indicated. A r t i c l e 57 Operating records The operating records shall set forth, as appropriate, in respect of each material balance area: (a) (b) (c) (d) those operating data which are used to establish changes in the quantities and composition of nuclear material; the data obtained from the calibration of tanks and instruments and from sampling and analyses, the procedures to control the quality of measurements and the derived estimates of random and systematic error; a description of the sequence of the actions taken in preparing for, and in taking, a physical inventory, in order to ensure that it is correct and complete; and a description of the actions taken in order to ascertain the cause and magnitude of any accidental or unmeasured loss that might occur. REPORTS SYSTEM General provisions A r t i c l e 58 Rwanda shall provide the Agency with reports as detailed in Articles 59-68 in respect of nuclear material subject to safeguards under this Agreement. A r t i c l e 59 Reports shall be made in English, French, Russian or Spanish, except as otherwise specified in the Subsidiary Arrangements. A r t i c l e 60 Reports shall be based on the records kept in accordance with Articles 50-57 and shall consist, as appropriate, of accounting reports and special reports. 17 Accounting reports A r t i c l e 61 The Agency shall be provided with an initial report on all nuclear material subject to safeguards under this Agreement. The initial report shall be dispatched by Rwanda to the Agency within thirty days of the last day of the calendar month in which this Agreement enters into force, and shall reflect the situation as of the last day of that month. A r t i c l e 62 Rwanda shall provide the Agency with the following accounting reports for each material balance area: (a) (b) inventory change reports showing all changes in the inventory of nuclear material. The reports shall be dispatched as soon as possible and in any event within thirty days after the end of the month in which the inventory changes occurred or were established; and material balance reports showing the material balance based on a physical inventory of nuclear material actually present in the material balance area. The reports shall be dispatched as soon as possible and in any event within thirty days after the physical inventory has been taken. The reports shall be based on data available as of the date of reporting and may be corrected at a later date, as required. A r t i c l e 63 Inventory change reports shall specify identification and batch data for each batch of nuclear material, the date of the inventory change and, as appropriate, the originating material balance area and the receiving material balance area or the recipient. These reports shall be accompanied by concise notes: (a) (b) explaining the inventory changes, on the basis of the operating data contained in the operating records provided for under Article 57(a); and describing, as specified in the Subsidiary Arrangements, the anticipated operational programme, particularly the taking of a physical inventory. A r t i c l e 64 Rwanda shall report each inventory change, adjustment and correction, either periodically in a consolidated list or individually. Inventory changes shall be reported in terms of batches. As specified in the Subsidiary Arrangements, small changes in inventory of nuclear material, such as transfers of analytical samples, may be combined in one batch and reported as one inventory change. 18 A r t i c l e 65 The Agency shall provide Rwanda with semi-annual statements of book inventory of nuclear material subject to safeguards under this Agreement, for each material balance area, as based on the inventory change reports for the period covered by each such statement. A r t i c l e 66 Material balance reports shall include the following entries, unless otherwise agreed by Rwanda and the Agency: (a) beginning physical inventory; (b) inventory changes (first increases, then decreases); (c) ending book inventory; (d) shipper/receiver differences; (e) adjusted ending book inventory; (f) ending physical inventory; and (g) material unaccounted for. A statement of the physical inventory, listing all batches separately and specifying material identification and batch data for each batch, shall be attached to each material balance report. A r t i c l e 67 Special reports Rwanda shall make special reports without delay: (a) (b) if any unusual incident or circumstances lead Rwanda to believe that there is or may have been loss of nuclear material that exceeds the limits specified for this purpose in the Subsidiary Arrangements; or if the containment has unexpectedly changed from that specified in the Subsidiary Arrangements to the extent that unauthorized removal of nuclear material has become possible. A r t i c l e 68 Amplification and clarification of reports If the Agency so requests, Rwanda shall provide it with amplifications or clarifications of any report, in so far as relevant for the purpose of safeguards. 19 INSPECTIONS A r t i c l e 69 General provisions The Agency shall have the right to make inspections as provided for in Articles 70-81. Purposes of inspections A r t i c l e 70 The Agency may make ad hoc inspections in order to: (a) (b) (c) verify the information contained in the initial report on the nuclear material subject to safeguards under this Agreement; identify and verify changes in the situation which have occurred since the date of the initial report; and identify, and if possible verify the quantity and composition of, nuclear material in accordance with Articles 92 and 95, before its transfer out of or upon its transfer into Rwanda. A r t i c l e 71 The Agency may make routine inspections in order to: (a) verify that reports are consistent with records; (b) (c) verify the location, identity, quantity and composition of all nuclear material subject to safeguards under this Agreement; and verify information on the possible causes of material unaccounted for, shipper/receiver differences and uncertainties in the book inventory. A r t i c l e 72 Subject to the procedures laid down in Article 76, the Agency may make special inspections: (a) in order to verify the information contained in special reports; or (b) if the Agency considers that information made available by Rwanda, including explanations from Rwanda and information obtained from routine inspections, is not adequate for the Agency to fulfil its responsibilities under this Agreement. An inspection shall be deemed to be special when it is either additional to the routine inspection effort provided for in Articles 77-81 or involves access to information or locations in addition to the access specified in Article 75 for ad hoc and routine inspections, or both. 20 Scope of inspections A r t i c l e 73 For the purposes specified in Articles 70-72, the Agency may: (a) examine the records kept pursuant to Articles 50-57; (b) (c) make independent measurements of all nuclear material subject to safeguards under this Agreement; verify the functioning and calibration of instruments and other measuring and control equipment; (d) apply and make use of surveillance and containment measures; and (e) use other objective methods which have been demonstrated to be technically feasible. A r t i c l e 74 Within the scope of Article 73, the Agency shall be enabled: (a) (b) to observe that samples at key measurement points for material balance accountancy are in accordance with procedures which produce representative samples, to observe the treatment and analysis of the samples and to obtain duplicates of such samples; taken to observe that the measurements of nuclear material at key measurement points for material balance accountancy are representative, and to observe the calibration of the instruments and equipment involved; (c) to make arrangements with Rwanda that, if necessary: (i) additional measurements are made and additional samples taken for the Agency's use; (ii) the Agency's standard analytical samples are analysed; (iii) appropriate absolute standards are used in calibrating instruments and other equipment; and (iv) other calibrations are carried out; (d) (e) to arrange to use its own equipment for independent measurement and surveillance, and if so agreed and specified in the Subsidiary Arrangements to arrange to install such equipment; to apply its seals and other identifying and tamper-indicating devices to containments, if so agreed and specified in the Subsidiary Arrangements; and 21 (f) to make arrangements with Rwanda for the shipping of samples taken for the Agency's use. Access for inspections A r t i c l e 75 (a) (b) (c) (d) For the purposes specified in Article 70(a) and (b) and until such time as the strategic points have been specified in the Subsidiary Arrangements, the Agency inspectors shall have access to any location where the initial report or any inspections carried out in connection with it indicate that nuclear material is present; For the purposes specified in Article 70(c) the inspectors shall have access to any location of which the Agency has been notified in accordance with Articles 91(d)(iii) or 94(d)(iii); For the purposes specified in Article 71 the inspectors shall have access only to the strategic points specified in the Subsidiary Arrangements and to the records maintained pursuant to Articles 50-57; and In the event of Rwanda concluding that any unusual circumstances require extended limitations on access by the Agency, Rwanda and the Agency shall promptly make arrangements with a view to enabling the Agency to discharge its safeguards responsibilities in the light of these limitations. The Director General shall report each such arrangement to the Board. A r t i c l e 76 In circumstances which may lead to special inspections for the purposes specified in

Article 72 Rwanda and the Agency shall consult forthwith. As a result of such consultations the Agency may: (a) (b) make inspections in addition to the routine inspection effort provided for in Articles 77-81; and obtain access, in agreement with Rwanda, to information or locations in addition to those specified in Article 75. Any disagreement concerning the need for additional access shall be resolved in accordance with Articles 21 and 22; in case action by Rwanda is essential and urgent, Article 18 shall apply. Frequency and intensity of routine inspections A r t i c l e 77 The Agency shall keep the number, intensity and duration of routine inspections, applying optimum timing, to the minimum consistent with the effective implementation of the safeguards procedures set forth in this Agreement, and shall make the optimum and most economical use of inspection resources available to it. 22 A r t i c l e 78 The Agency may carry out one routine inspection per year in respect of facilities and material balance areas outside facilities with a content or annual throughput, whichever is greater, of nuclear material not exceeding five effective kilograms. A r t i c l e 79 The number, intensity, duration, timing and mode of routine inspections in respect of facilities with a content or annual throughput of nuclear material exceeding five effective kilograms shall be determined on the basis that in the maximum or limiting case the inspection regime shall be no more intensive than is necessary and sufficient to maintain continuity of knowledge of the flow and inventory of nuclear material, and the maximum routine inspection effort in respect of such facilities shall be determined as follows: (a) (b) (c) for reactors and sealed storage installations the maximum total of routine inspection per year shall be determined by allowing one sixth of a man-year of inspection for each such facility; for facilities, other than reactors or sealed storage installations, involving plutonium or uranium enriched to more than 5%, the maximum total of routine inspection per year shall be determined by allowing for each such facility 30 x E man-days of inspection per year, where E is the inventory or annual throughput of nuclear material, whichever is greater, expressed in effective kilograms. The maximum established for any such facility shall not, however, be less than 1.5 man-years of inspection; and for facilities not covered by paragraphs (a) or (b), the maximum total of routine inspection per year shall be determined by allowing for each such facility one third of a man-year of inspection plus 0.4 x E man-days of inspection per year, where E is the inventory or annual throughput of nuclear material, whichever is greater, expressed in effective kilograms. Rwanda and the Agency may agree to amend the figures for the maximum inspection effort specified in this Article, upon determination by the Board that such amendment is reasonable. A r t i c l e 80 Subject to Articles 77-79 the criteria to be used for determining the actual number, intensity, duration, timing and mode of routine inspections in respect of any facility shall include: (a) (b) the form of the nuclear material, in particular, whether the nuclear material is in bulk form or contained in a number of separate items; its chemical composition and, in the case of uranium, whether it is of low or high enrichment; and its accessibility; the effectiveness of Rwanda's accounting and control system, including the extent to which the operators of facilities are functionally independent of Rwanda's accounting and control system; the extent to which the measures specified in

Article 31 have been implemented by Rwanda; the promptness of reports 23 provided to the Agency; their consistency with the Agency's independent verification; and the amount and accuracy of the material unaccounted for, as verified by the Agency; characteristics of Rwanda's nuclear fuel cycle, in particular, the number and types of facilities containing nuclear material subject to safeguards, the characteristics of such facilities relevant to safeguards, notably the degree of containment; the extent to which the design of such facilities facilitates verification of the flow and inventory of nuclear material; and the extent to which information from different material balance areas can be correlated; international interdependence, in particular, the extent to which nuclear material is received from or sent to other States for use or processing; any verification activities by the Agency in connection therewith; and the extent to which Rwanda's nuclear activities are interrelated with those of other States; and (c) (d) (e) technical developments in the field of safeguards, including the use of statistical techniques and random sampling in evaluating the flow of nuclear material. A r t i c l e 81 Rwanda and the Agency shall consult if Rwanda considers that the inspection effort is being deployed with undue concentration on particular facilities. Notice of inspections A r t i c l e 82 The Agency shall give advance notice to Rwanda before arrival of inspectors at facilities or material balance areas outside facilities, as follows: (a) (b) (c) for ad hoc inspections pursuant to Article 70(c), at least 24 hours; for those pursuant to Article 70(a) and (b) as well as the activities provided for in Article 47, at least one week; for special inspections pursuant to Article 72, as promptly as possible after Rwanda and the Agency have consulted as provided for in Article 76, it being understood that notification of arrival normally will constitute part of the consultations; and for routine inspections pursuant to Article 71, at least 24 hours in respect of the facilities referred to in Article 79(b) and sealed storage installations containing plutonium or uranium enriched to more than 5%, and one week in all other cases. Such notice of inspections shall include the names of the inspectors and shall indicate the facilities and the material balance areas outside facilities to be visited and the periods during which they will be visited. If the inspectors are to arrive from outside Rwanda the Agency shall also give advance notice of the place and time of their arrival in Rwanda. 24 A r t i c l e 83 Notwithstanding the provisions of Article 82, the Agency may, as a supplementary measure, carry out without advance notification a portion of the routine inspections pursuant to

Article 79 in accordance with the principle of random sampling. In performing any unannounced inspections, the Agency shall fully take into account any operational programme provided by Rwanda pursuant to Article 63(b). Moreover, whenever practicable, and on the basis of the operational programme, it shall advise Rwanda periodically of its general programme of announced and unannounced inspections, specifying the general periods when inspections are foreseen. In carrying out any unannounced inspections, the Agency shall make every effort to minimize any practical difficulties for Rwanda and for facility operators, bearing in mind the relevant provisions of Articles 43 and 88. Similarly Rwanda shall make every effort to facilitate the task of the inspectors. Designation of inspectors A r t i c l e 84 The following procedures shall apply to the designation of inspectors: (a) (b) (c) (d) the Director General shall inform Rwanda in writing of the name, qualifications, nationality, grade and such other particulars as may be relevant, of each Agency official he proposes for designation as an inspector for Rwanda; Rwanda shall inform the Director General within thirty days of the receipt of such a proposal whether it accepts the proposal; the Director General may designate each official who has been accepted by Rwanda as one of the inspectors for Rwanda, and shall inform Rwanda of such designations; and the Director General, acting in response to a request by Rwanda or on his own initiative, shall immediately inform Rwanda of the withdrawal of the designation of any official as an inspector for Rwanda. However, in respect of inspectors needed for the activities provided for in Article 47 and to carry out ad hoc inspections pursuant to Article 70(a) and (b) the designation procedures shall be completed if possible within thirty days after the entry into force of this Agreement. If such designation appears impossible within this time limit, inspectors for such purposes shall be designated on a temporary basis. A r t i c l e 85 Rwanda shall grant or renew as quickly as possible appropriate visas, where required, for each inspector designated for Rwanda. 25 Conduct and visits of inspectors A r t i c l e 86 Inspectors, in exercising their functions under Articles 47 and 70-74, shall carry out their activities in a manner designed to avoid hampering or delaying the construction, commissioning or operation of facilities, or affecting their safety. In particular inspectors shall not operate any facility themselves or direct the staff of a facility to carry out any operation. If inspectors consider that in pursuance of Articles 73 and 74, particular operations in a facility should be carried out by the operator, they shall make a request therefor. A r t i c l e 87 When inspectors require services available in Rwanda, including the use of equipment, in connection with the performance of inspections, Rwanda shall facilitate the procurement of such services and the use of such equipment by inspectors. A r t i c l e 88 Rwanda shall have the right to have inspectors accompanied during their inspections by representatives of Rwanda, provided that inspectors shall not thereby be delayed or otherwise impeded in the exercise of their functions. STATEMENTS ON THE AGENCY'S VERIFICATION ACTIVITIES A r t i c l e 89 The Agency shall inform Rwanda of: (a) (b) the results of inspections, at intervals to be specified in the Subsidiary Arrangements; and the conclusions it has drawn from its verification activities in Rwanda, in particular by means of statements in respect of each material balance area, which shall be made as soon as possible after a physical inventory has been taken and verified by the Agency and a material balance has been struck. INTERNATIONAL TRANSFERS A r t i c l e 90 General provisions Nuclear material subject or required to be subject to safeguards under this Agreement which is transferred internationally shall, for purposes of this Agreement, be regarded as being the responsibility of Rwanda: 26 (a) (b) in the case of import into Rwanda, from the time that such responsibility ceases to lie with the exporting State, and no later than the time at which the material reaches its destination; and in the case of export out of Rwanda, up to the time at which the recipient State assumes such responsibility, and no later than the time at which the nuclear material reaches its destination. The point at which the transfer of responsibility will take place shall be determined in accordance with suitable arrangements to be made by the States concerned. Neither Rwanda nor any other State shall be deemed to have such responsibility for nuclear material merely by reason of the fact that the nuclear material is in transit on or over its territory, or that it is being transported on a ship under its flag or in its aircraft. Transfers out of Rwanda A r t i c l e 91 (a) (b) (c) Rwanda shall notify the Agency of any intended transfer out of Rwanda of nuclear material subject to safeguards under this Agreement if the shipment exceeds one effective kilogram, or if, within a period of three months, several separate shipments are to be made to the same State, each of less than one effective kilogram but the total of which exceeds one effective kilogram. Such notification shall be given to the Agency after the conclusion of the contractual arrangements leading to the transfer and normally at least two weeks before the nuclear material is to be prepared for shipping. Rwanda and the Agency may agree on different procedures for advance notification. (d) The notification shall specify: (i) the identification and, if possible, the expected quantity and composition of the nuclear material to be transferred, and the material balance area from which it will come; (ii) the State for which the nuclear material is destined; (iii) the dates on and locations at which the nuclear material is to be prepared for shipping; (iv) the approximate dates of dispatch and arrival of the nuclear material; and (v) at what point of the transfer the recipient State will assume responsibility for the nuclear material for the purpose of this Agreement, and the probable date on which that point will be reached. 27 A r t i c l e 92 The notification referred to in Article 91 shall be such as to enable the Agency to make, if necessary, an ad hoc inspection to identify, and if possible verify the quantity and composition of, the nuclear material before it is transferred out of Rwanda and, if the Agency so wishes or Rwanda so requests, to affix seals to the nuclear material when it has been prepared for shipping. However, the transfer of the nuclear material shall not be delayed in any way by any action taken or contemplated by the Agency pursuant to such a notification. A r t i c l e 93 If the nuclear material will not be subject to Agency safeguards in the recipient State, Rwanda shall make arrangements for the Agency to receive, within three months of the time when the recipient State accepts responsibility for the nuclear material from Rwanda, confirmation by the recipient State of the transfer. Transfers into Rwanda A r t i c l e 94 (a) (b) (c) Rwanda shall notify the Agency of any expected transfer into Rwanda of nuclear material required to be subject to safeguards under this Agreement if the shipment exceeds one effective kilogram, or if, within a period of three months, several separate shipments are to be received from the same State, each of less than one effective kilogram but the total of which exceeds one effective kilogram. The Agency shall be notified as much in advance as possible of the expected arrival of the nuclear material, and in any case not later than the date on which Rwanda assumes responsibility for the nuclear material. Rwanda and the Agency may agree on different procedures for advance notification. (d) The notification shall specify: (i) (ii) the identification and, if possible, the expected quantity and composition of the nuclear material; at what point of the transfer Rwanda will assume responsibility for the nuclear material for the purpose of this Agreement, and the probable date on which that point will be reached; and (iii) the expected date of arrival, the location where, and the date on which, the nuclear material is intended to be unpacked. A r t i c l e 95 The notification referred to in Article 94 shall be such as to enable the Agency to make, if necessary, an ad hoc inspection to identify, and if possible verify the quantity and composition of, the nuclear material at the time the consignment is unpacked. However, unpacking shall not be delayed by any action taken or contemplated by the Agency pursuant to such a notification. 28 A r t i c l e 96 Special reports Rwanda shall make a special report as envisaged in Article 67 if any unusual incident or circumstances lead Rwanda to believe that there is or may have been loss of nuclear material, including the occurrence of significant delay, during an international transfer. D E F I N I T I O N S A r t i c l e 97 For the purposes of this Agreement: adjustment means an entry into an accounting record or a report showing a A. shipper/receiver difference or material unaccounted for. annual throughput means, for the purposes of Articles 78 and 79, the amount of nuclear B. material transferred annually out of a facility working at nominal capacity. batch means a portion of nuclear material handled as a unit for accounting purposes at a C. key measurement point and for which the composition and quantity are defined by a single set of specifications or measurements. The nuclear material may be in bulk form or contained in a number of separate items. batch data means the total weight of each element of nuclear material and, in the case of D. plutonium and uranium, the isotopic composition when appropriate. The units of account shall be as follows: (a) grams of contained plutonium; (b) grams of total uranium and grams of contained uranium-235 plus uranium-233 for uranium enriched in these isotopes; and (c) kilograms of contained thorium, natural uranium or depleted uranium. For reporting purposes the weights of individual items in the batch shall be added together before rounding to the nearest unit. book inventory of a material balance area means the algebraic sum of the most recent E. physical inventory of that material balance area and of all inventory changes that have occurred since that physical inventory was taken. F. correction means an entry into an accounting record or a report to rectify an identified mistake or to reflect an improved measurement of a quantity previously entered into the record or report. Each correction must identify the entry to which it pertains. effective kilogram means a special unit used in safeguarding nuclear material. The G. quantity in effective kilograms is obtained by taking: 29 (a) for plutonium, its weight in kilograms; (b) (c) (d) for uranium with an enrichment of 0.01 (1%) and above, its weight in kilograms multiplied by the square of its enrichment; for uranium with an enrichment below 0.01 (1%) and above 0.005 (0.5%), its weight in kilograms multiplied by 0.0001; and for depleted uranium with an enrichment of 0.005 (0.5%) or below, and for thorium, its weight in kilograms multiplied by 0.00005. enrichment means the ratio of the combined weight of the isotopes uranium-233 and H. uranium-235 to that of the total uranium in question. I. facility means: (a) (b) a reactor, a critical facility, a conversion plant, a fabrication plant, a reprocessing plant, an isotope separation plant or a separate storage installation; or any location where nuclear material in amounts greater than one effective kilogram is customarily used. inventory change means an increase or decrease, in terms of batches, of nuclear material J. in a material balance area; such a change shall involve one of the following: (a) increases: (i) import; (ii) domestic receipt: receipts from other material balance areas, receipts from a non-safeguarded (non-peaceful) activity or receipts at the starting point of safeguards; (iii) nuclear production: production of special fissionable material in a reactor; and (iv) de-exemption: re-application of safeguards on nuclear material previously exempted therefrom on account of its use or quantity. (b) decreases: (i) export; (ii) (iii) domestic shipment: shipments to other material balance areas or shipments for a non-safeguarded (non-peaceful) activity; nuclear loss: loss of nuclear material due to its transformation into other element(s) or isotope(s) as a result of nuclear reactions; 30 (iv) measured discard: nuclear material which has been measured, or estimated on the basis of measurements, and disposed of in such a way that it is not suitable for further nuclear use; (v) retained waste: nuclear material generated from processing or from an operational accident, which is deemed to be unrecoverable for the time being but which is stored; (vi) exemption: exemption of nuclear material from safeguards on account of its use or quantity; and (vii) other loss: for example, accidental loss (that is, irretrievable and inadvertent loss of nuclear material as the result of an operational accident) or theft. key measurement point means a location where nuclear material appears in such a form K. that it may be measured to determine material flow or inventory. Key measurement points thus include, but are not limited to, the inputs and outputs (including measured discards) and storages in material balance areas. man-year of inspection means, for the purposes of Article 79, 300 man-days of L. inspection, a man-day being a day during which a single inspector has access to a facility at any time for a total of not more than eight hours. M. material balance area means an area in or outside of a facility such that: (a) (b) the quantity of nuclear material in each transfer into or out of each material balance area can be determined; and the physical inventory of nuclear material in each material balance area can be determined when necessary, in accordance with specified procedures, in order that the material balance for Agency safeguards purposes can be established. material unaccounted for means the difference between book inventory and physical N. inventory. nuclear material means any source or any special fissionable material as defined in Article O. XX of the Statute. The term source material shall not be interpreted as applying to ore or ore residue. Any determination by the Board under Article XX of the Statute after the entry into force of this Agreement which adds to the materials considered to be source material or special fissionable material shall have effect under this Agreement only upon acceptance by Rwanda. physical inventory means the sum of all the measured or derived estimates of batch P. quantities of nuclear material on hand at a given time within a material balance area, obtained in accordance with specified procedures. shipper/receiver difference means the difference between the quantity of nuclear material Q. in a batch as stated by the shipping material balance area and as measured at the receiving material balance area. 31 source data means those data, recorded during measurement or calibration or used to R. derive empirical relationships, which identify nuclear material and provide batch data. Source data may include, for example, weight of compounds, conversion factors to determine weight of element, specific gravity, element concentration, isotopic ratios, relationship between volume and manometer readings and relationship between plutonium produced and power generated. strategic point means a location selected during examination of design information where, S. under normal conditions and when combined with the information from all strategic points taken together, the information necessary and sufficient for the implementation of safeguards measures is obtained and verified; a strategic point may include any location where key measurements related to material balance accountancy are made and where containment and surveillance measures are executed. DONE in duplicate, in the English language. For the REPUBLIC OF RWANDA: For the INTERNATIONAL ATOMIC ENERGY AGENCY: (signed) Albert Butare Minister of State in charge of Energy and Water in the Ministry of Infrastructure (signed) Mohamed ElBaradei Director General Place: Arusha Place: Vienna Date: 12 November 2009 Date: 18 November 2009 32 P R O T O C O L The Republic of Rwanda (hereinafter referred to as "Rwanda") and the International Atomic Energy Agency (hereinafter referred to as "the Agency") have agreed as follows: I. (1) Until such time as Rwanda (a) has, in peaceful nuclear activities within its territory or under its jurisdiction or control anywhere, nuclear material in quantities exceeding the limits stated, for the type of material in question, in Article 36 of the Agreement between Rwanda and the Agency for the Application of Safeguards in Connection with the Treaty on the Non-Proliferation of Nuclear Weapons (hereinafter referred to as "the Agreement"), or (b) has taken the decision to construct or authorize construction of a facility, as defined in the Definitions, the implementation of the provisions of Part II of the Agreement shall be held in abeyance, with the exception of Articles 32–38, 40, 48, 49, 59, 61, 67, 68, 70, 72-76, 82, 84–90, 94 and 95. (2) The information to be reported pursuant to paragraphs (a) and (b) of Article 33 of the Agreement may be consolidated and submitted in an annual report; similarly, an annual report shall be submitted, if applicable, with respect to the import and export of nuclear material described in paragraph (c) of Article 33. (3) In order to enable the timely conclusion of the Subsidiary Arrangements provided for in Article 38 of the Agreement, Rwanda shall: (a) notify the Agency sufficiently in advance of its having nuclear material in peaceful nuclear activities within its territory or under its jurisdiction or control anywhere in quantities that exceed the limits, as referred to in section (1) hereof, or (b) notify the Agency as soon as decision to construct or to authorize construction of a facility has been taken, whichever occurs first. This Protocol shall be signed by the representatives of Rwanda and the Agency and shall II. enter into force on the same date as the Agreement. DONE in duplicate, in the English language. For the REPUBLIC OF RWANDA: For the INTERNATIONAL ATOMIC ENERGY AGENCY: (signed) Albert Butare Minister of State in charge of Energy and Water in the Ministry of Infrastructure (signed) Mohamed ElBaradei Director General Place: Arusha Place: Vienna Date: 12 November 2009 Date: 18 November 2009 2