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Safeguards Agreement States

(d) subsidiary agreements may be renewed or amended by agreement between the Agency and the United States without any change to this agreement. Non-nuclear states Parties agree, in an agreement to negotiate and conclude with the Agency, to accept safeguards in all their peaceful nuclear activities in order to verify the performance of their obligations under the Treaty, in order to prevent the diversion of nuclear energy from peaceful uses to nuclear weapons or other nuclear explosive devices. Although the additional protocol is widely accepted as a standard protection practice, several States have opposed the extension of safeguards to this protocol. The objective of the safeguard measures in this part of the agreement is to determine in a timely manner that significant quantities of nuclear material from activities in facilities while these materials are protected under this agreement, with the exception of the provisions of this agreement, are withdrawn in a timely manner. Iraq, a state part of the NPT, has successfully circumvented the IAEA`s protection measures by using the Agency`s system to limit its inspection and monitoring activities to facilities or equipment expressly stated by each state in its guarantee agreement with the Agency. To fill the gap in “undeclared facilities,” the IAEA has launched a safety improvement plan known as the “93-2 program.” The name of the plan reflected that it was designed in 1993 with the intention of being implemented in two years. The agreement between the United States and the IAEA covers only the selection of facilities for the implementation of the comprehensive safeguard regime, including routine inspections. Australia and several other non-nuclear-weapon States have also proposed, in the Protection Committee, that all eligible facilities bear a certain security burden. Further consultations allowed IAEA inspectors to verify this information, maintain accounting documents and submit accounting reports to the IAEA. The IAEA was concerned, however, that this would overburden its staff. As a result, the concept of secondary selection was introduced, in which the IAEA was given full flexibility, allowing one or all of the eligible entities to provide the information provided, keep records, etc. In order to facilitate the establishment and maintenance of the distinction between “safety devices,” which include routine inspections by the IAEA and only the transmission of information and record-keeping, the secondary category provision of selected entities is merged into a protocol to the agreement, also known as the U.S. Reporting Protocol.

The technical provisions of the protocol closely follow similar provisions of the agreement itself. The International Atomic Energy Agency (IAEA) is a system for inspecting and verifying the peaceful use of nuclear materials under the Non-Proliferation Treaty (NPT), which is overseen by the International Atomic Energy Agency. Information Circular 66 (INFCIRC 66) is an agreement between the IAEA and Member States that provides for the implementation of limited safeguards within the Member State.