Selanjutnya

Indonesia and the United States of America concerning the transfer of enriched uranium (hereinafter referred to as the "Supply Agreement"), and to the Project

Agreement of December 19, 1969, as amended, between the Government of Indonesia and the Agency (hereinafter referred to as the "Project Agreement") whereby the Agency has granted its assistance to Indonesia in

obtaining enriched uranium for use in the Triga Mark II research reactor at the Bandung Reactor Center in

Bandung, Republic of Indonesia.

During the discussions leading up to the Supply Agreement and amendments to the Project Agreement, which were signed today, the following understandings were reached between the Government of the United States of America and the Government of the Republic of Indonesia.

If Indonesia or the United States becomes aware of circumstances which demonstrate that the Agency for any

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-for in Sections 5 and 6 of the Project Agreement and referenced in Article V of the Supply Agreement, the Party shall inform the other and, to ensure effective continuity of safeguards, the Parties shall immediately enter into arrangements which conform with Agency safe-guards principles and procedures and with the coverage required by those Sections and which provide assurance equivalent to that intended to be secured by the system they replace.

If either Party becomes aware of circumstances

referred to in the above paragraph, following consultation with Indonesia the United States shall be permitted to conduct the activities listed below, unless the United States agrees that the need to conduct such activities is being satisfied by the application of Agency safeguards under arrangements pursuant to that paragraph:

(1) to review in a timely fashion the design of any equipment or facility which is to use,

fabricate, process, or store any material transferred pursuant to the Supply Agreement or any special

nuclear material used in or produced through the use of such material;

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Supply Agreement and any source or special nuclear

material used in or produced through the use of

such material so transferred; and

(3) to designate personnel, in consultation

with Indonesia, who shall have access to all places

and data necessary to account for the material in

paragraph (2), to inspect any equipment or facility

referred to in paragraph (1), and to install any

devices and make such independent measurements as

may be deemed necessary to account for such material.

Such personnel shall be accompanied by personnel

designated

by

Indonesia.

Indonesia confirmed its undertaking to establish and

maintain a system of accounting for and control of all

material subject to the Supply Agreement, the procedures

of which shall be comparable to those set forth in Agency

document INFCIRC/153 (corrected) , or in any revision of

that document agreed to by Indonesia and the United States.

If Indonesia at any time following entry into force

of the Supply Agreement

(a) does not comply with the provisions of

Articles I(4), I(S),

v

and VII of the Supply Agreement,

(b) terminates, abrogates or materially violates

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-(c) detonates a nuclear explosive device, the United States shall have the rights to cease

further cooperation under the Supply Agreement and to

C:

require the return of any material transferred under

the Supply Agreement and any special nuclear material produced through its use.

The United States and Indonesia shall periodically exchange through the Agency information concerning the physical protection measures maintained by Indonesia pursuant to Article VII of the Supply Agreement. The adequacy and implementation of these physical protection measures may be reviewed from time to time, whenever either Party is of the view that a revision may be required to maintain adequate physical protection.

If the Government of the Republic of Indonesia concurs, i t is suggested that this note and that

Government's reply be regarded as constituting an agree-ment between the two Governagree-ments, which shall enter into force on the date of the reply and shall remain in

Your £xct11tncy,

flew

Del

ht,

7th December, 1979.

I have

tht

honour to refer to Your Excell•nCiJ'S

10te

of today's date, whtch reads

11

follows

1

•Tht Government of tht United Stites ref en to

tht

Thtrd Supply Agreement between the International Atolltc

Energy Agency (hereinafter referred to as

tht

•Agency•)

and the Govem.nts of the Republtc of Indonesia and th•

Unfted States of America concerning the transfer of enriched

•r1ntU11 (herefnafter referred

to

11 the •supply Agreeaent•),

and to the Project Agree•nt of December 19, 1969,

11 . . .

nded,

Mtween the Govemaent of Indonesia and the Agency (Hereinafter

referrtd to as

tht

•project Agree•nt•) whereby the Agency

h11 granted f ts asststlnce to Indonesia tn obtlintng enriched

1nnf111 for uH tn

tht

Tr191 Marie II research reactor at tht

lalldung Reactor Center 1n Bandung, Republtc of lndonesta.

Durtng tht dfscussfons leadfng up to tht Supply

Agreement and . .

ndllllnts to the Project Agreemnt. whtch

wnt stgned today, tht follawtng undentandtngi were reached

Htwffn

the

Government of tht Untted States ofAlller1ca and

the eove ... nt of tht Republtc of lndonesta.

If lndonesta or

tht

Unf ted Stites bec0111s awant of

c1ramtlnces wtaf ch de111Dnstr1te that

tht

Agency for 1,.y

ntason 11 not or wtll not bt applying safeguards 11 provtded

for tn Secttons 5 and 6 of the Project Agreement and referenced

1n

Artfclt Y of tht Supply Agreement, the Party shall tnfon1

the

other and,

to

ensure effective continut1;Y of safeguards,

the Partf es shall tamdtately enter f nto arrange•nts wtatch

confon1 vtth Agency safeguards prtnciples and procedures and

wtth tht coverage requtred by those Secttons and whtch provtde

assurance equivalent

to

that tntended

to be

secured by

the

IJStell

thty replace.

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EMBASSY OF THE RE.PUBLIC OF INOONESIA

• 2 •

If e1ther Party beccmes aware of circumstances

referred to 1n th• above paragraph, following consultation

with Indonesia the United States shall

be

perllitted

to

conduct the activities listed below, unless the United

States agrees that the need

to

conduct such activities

ts

being satisfied by the application of Ageney safeguards

under arrangta.ntl pursuant to that J'lragraph

s

•

(1)

to review tn a timely fashion th• design

of any equipment or fac11ity wh1ch

b

to use,

fabricate, process, or store any 11111ter1al

transferred pursuant to the Supply Agreement or

any

special nuclear material used tn or produced

through the use of such 111terial 1

(2)

to require

the

maintenance and production

of records and of relevant reports for the purpose

of assisting tn ensurtng accountabtltty for material

transferred by the United States pursuant

to

th•

Supply Agree11ent and any S3Urce or spectal 11.1clear

aater11l used in or produced through the use of

such •tertal so transferred• and

(3)

to designate personnel, tn consultation

with Jnctonesta, who shall have access to all places

and data necessary to account for the matertal in

paragraph (2), to inspect

•"1

equipment or facility

referred to in paragraph (1 ), and to install al'I)'

devtces and make such independent 11111urements as

llQ' be

tCeelned necessary to account for such uter1al.

Such personnel !Shall be accompanied

by

personnel

dtstgnated by Jndonesta.

Jndonesta confirmd tts undertaking to establhh

and •tntain a system of accounting for and control of all

•tenal subject. to the Supply Agre.-nt,

the

procedures of

Wtch shall

be

CODP1rable to those Ht forth in Agency

doaant. JNFCIRC/153 (Corrected), or tn al'I)' revtsion of

that document. agreed to by Indonesia and

the

United States.

(S) ••••

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-If lndGnes1a at any ttme followtng entry tnto force of tht Supply Agree111nt

(a) does not comply with the provisions of Arttcles 1(4), 1(5), Y and VII of the Supply AgrHment,

(b) tel"llltnates, abrogates or materially vtolates a safeguards agreement wt th the Agency, or

(c) detonates a nuclear explostve devtce,

the Untted States shall have the rtghts to cease further cooperation under the Supply Agreement and to requtre the return of any matertal transferred under tht Supply Agree1111nt and any spectal nuclear material produced through its use.

Tht'Untted States and Indonesia shall periodically exchange through the Agency tnfonnatton concerntng the

physical protectton 11111asuro1 111atnt1tned by Indonesia pursuant

•

to Article VII of the Supply Agreement. The adequacy and

tl1p1 . . ntlt1on of these phystcal protection •asures may be

revtewed from tt1111 to ti1111, whenever etther Party

ts

of the view that a revtston .,.y be requtred to 111tntain adequate pl\ystcal prottctton.

If th• Govtrnraent of th• Republic of lndonesta

concun,

tt 1s suggested that thh note and that Government••

reply .. regarded as constttuttng an agree1111nt between the two Governments, whtch shall enter tnto force on the date of the reply and shall re1111in tn force for the duratton 11.

provided tn Arttcle IX(2) of the Supply Ag,....nt.•

I have further the honour to conftr11, on behalf of the Goverrn1nt of the Republic of lndone1ta, th• foregoing

..

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£MIJASSY OF THE

REPUBLIC or INOONESIA

4

-understand1n!!5 and to 119ree that Yo11r Excellency'! note

and th1s note shall t.-f' regarded as const1tut1ng an

agrel!llf!nt betwetn our two Govermients, wh1ch sha11 enter

into force on the dittt of th1s reply and shall rena1n 1n force for the durftt1nn its prov1ded 1n Art1clelX(2) of tht

Supply Agreemtnt.

Pl1a11 acc1pt, Your Excellency, the assurances of 11.Y ｨＱｾｨ＠ cons1derat1on.

ror th• Governnent of tht Repub11c ｾ＠ lndones1a,

ａｭ｢｡ｳｾ､､ｲ＠

ｾｯ＠

Austr1a,

Signed

HAR.ONO N

Irf

UNO Res1dent Representat1v1 to

th• Jnternat1onal Atomic Energy Agency.

His

Excellency

Mr.

Lou1s V. Nosenzo,

Dcpuey Asshtant Sccrotary for ｴｬｵ｣ｬ･ｾｲ＠

ｅｮｾｲｱｹ＠ and ｅｮｾｦＢＧｊＮｙ＠ ｔｾ｣ｨｮｯＱｯＧｬＩＧ＠ ａｦｦｾＱｲｳＬ＠

luretu of Oceans and Internat1ona1

[nvtrornAntal and Scientific Affairs, Oeparttoont nf Stolte,