Home | Databases | WorldLII | Search | Feedback Canadian Treaty Series

Exchange of Letters between the Government of Canada and the Government of the Kingdom of Norway constituting an Agreement regarding a transfer of Canadian-obligated plutonium-uranium mixed oxide spent fuel to Norway [1994] CATSer 5 (12 January 1994)

(e) the Government of Norway shall apply a level of physical protection to the nuclear material commensurate with that set out in IAEA document INFCIRC/225 Rev. 1 and any other relevant international agreements;

(f) the Government of Norway shall establish and maintain a system of accounting for and control of the nuclear material concerned, the procedures of which shall be comparable to those set forth in IAEA document INFCIRC/153 (corrected) or in any revision of that document agreed to by the Government of Canada and the Government of Norway;

(g) the Government of Norway shall provide the Government of Canada with an annual report covering the 12-month period ending each December on the nuclear material subject to this exchange of Letter, including any changes in nuclear material content. This report shall be provided by the Government of Norway no later than 3 months after the close of the reporting period;

(h) any reprocessing or enrichment to 20 percent or more in the isotope U-235 of the nuclear material shall only take place after written consent of the Government of Canada and the Government of Norway.

If the foregoing proposals are acceptable to the Government of Norway, I have the honour to propose that this Letter, which is equally authentic in English and in French, together with your reply to that effect, shall constitute an agreement between our two Governments which shall enter into force of the date of your reply.

Accept, Excellency, the renewed assurances of my distinguished consideration.

Robert E. Pedersen

Ambassador

II

The Director General, Royal Ministry of Foreign Affairs of Norway to the Ambassador of Canada

ROYAL MINISTRY OF FOREIGN AFFAIRS

H. E. Robert E. Pedersen
Ambassador of Canada
Oslo

Excellency,

I have the honour to acknowledge receipt of your Letter No. WGGR-0508 dated January 12, 1994 from the Government of Canada which reads as follows:

"Excellency,

I have the honour to recall that both Canada and Norway are non-nuclear weapons states party to the Treaty on the Non-Proliferation of Nuclear Weapons (NPT) and that both countries have concluded agreements with the International Atomic Energy Agency (IAEA) for the application of safeguards in connection with the NPT. In the case of Norway, this is the “Agreement between Norway and the Agency for the Application of Safeguards in connection with the Treaty on Non-Proliferation of Nuclear Weapons” (INFCIRC/177).

I have further the honour to refer to the transaction between the Power Reactor and Nuclear Fuel Development Corporation of Japan and the Institutt for Energiteknikk of Norway, for the supply of 5.341 kilograms of Canadian-obligated plutonium-uranium mixed oxide fuel containing 4.591 kilograms of uranium (17 grams of U-235) and 109 grams of plutonium and to propose that this transfer shall be made under the following conditions:

(a) the nuclear material shall not be used in any way that would result in a nuclear weapon or other nuclear explosive device;

(b) the nuclear material shall only be used for post-irradiation examination at the Kjeller laboratory and power ramp tests at the Institutt for Energiteknikk;

(c) the nuclear material shall be subject while in the territory of Norway to safeguards to be applied by the IAEA pursuant to the Agreement between Norway and the IAEA identified in the first paragraph; should the IAEA for any reason not apply such safeguards, the Government of Canada and the Government of Norway shall forthwith enter into an agreement for the establishment of comparable safeguards satisfactory to the Government of Canada;

(d) the nuclear material shall be retransferred beyond the territory of Norway only as agreed in advance in writing by the Government of Canada and the Government of Norway;

(e) the Government of Norway shall apply a level of physical protection to the nuclear material commensurate with that set out in IAEA document INFCIRC/225 Rev. 1 and any other relevant international agreements;

(f) the Government of Norway shall establish and maintain a system of accounting for and control of the nuclear material concerned, the procedures of which shall be comparable to those set forth in IAEA document INFCIRC/153 (corrected) or in any revision of that document agreed to by the Government of Canada and the Government of Norway;

(g) the Government of Norway shall provide the Government of Canada with an annual report covering the 12-month period ending each December on the nuclear material subject to this exchange of Letter, including any changes in nuclear material content. This report shall be provided by the Government of Norway no later than 3 months after the close of the reporting period;

(h) any reprocessing or enrichment to 20 percent or more in the isotope U-235 of the nuclear material shall only take place after written consent of the Government of Canada and the Government of Norway.

If the foregoing proposals are acceptable to the Government of Norway, I have the honour to propose that this Letter, which is equally authentic in English and in French, together with your reply to that effect, shall constitute an agreement between our two Governments which shall enter into force of the date of your reply.

Accept, Excellency, the renewed assurances of my distinguished consideration.

Robert E. Pedersen

Ambassador"

I have the honour to inform you that the foregoing proposals are acceptable to the Government of Norway, and to confirm your Letter No. WGGR-0508 of January 12, 1994, together with this reply, shall constitute an agreement between our two Governments which shall enter into force on the date of this reply.

Accept, Excellency, the renewed assurances of my highest consideration.

Yours sincerely,

Kåre Bryn

Director General