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10.fcl> ~ <:fil'1CS!Cfictl ~ 'dtNl~ct>1R4! -ij) f%"G ~. ~ ~ '<"f61lfct> Cf)qf.1~1, <)ij)Gl'<l ~ \W-dibGl<l ~ ~ '<"ft?llfct> cf>q~~I, ~~ ~ Btl-dCbGl'<l -ij) fml 1f \3tNl~ct>1Rm 'Q"{ ETT&r ID1fi ~ ~ ~ ~ J~RIRCfa 'JIT4t· ti61lfct> q>qPJ4i, dibGJ<l ~ \W-dibGl'<l -ij) EfR -q ~ ~ cm "WA1 ~ ~I ll 12 I DEPARTMENT· OF ATOMIC ENIRGV RESOLUTION Mumbai, the 4thJune, 2010 " j Subject : Guidelines for implementation of arrart....,nt.;-~ concerning J)eaceful uaes of atomic energy •. 1 · :;
. ' No. 1/10/8/2009-ER.-Pursuant to t~e provisions Ol11$At*ll.j 1962 as amended from time to time, the Department of AtomiC~) " • India (hereinafter refe~red to as the, 'Department;) has· no~ a'fi&t Substances, Prescribed Equipment and Technology liid~n1~ dated 18th January 2006. The Department has als.o issuecL'Guldet .• Transfers (Exports), vide notification No. AEA/27(1)/2005-ERdlted 1st · and all exports will continue to be governed by these guideline~ .. ·
2. Government is keen to promote civil nuclear ~llM ~ ,_.~ · development of commercial relations with any country iii the- of ... · . • under bilateral or multilateral agreement$ for cooperation (~~.':
the 'Agreement') that it has entered or may enter into with anY courttry:
referred to as a 'cooperating country'). The Government may:mto atlfNT·•. •II nuclear material, non-nuclear material, ~quirment. comP<>rleAts, ~ technology listed and defined in · schedule-I hereto (hereinafter ~.\ii; .• •' . , .. -·-·,., 'Scheduled items') from countries willing to trade them with ·lndie ~-" bilateral agreement of cooperation wtth such countries (~ ~- , • . ' ' • - '. > 'trading country'). Supply of any soheduled ~from such c:ouiilry sitaff._, nn assurances from and agreed to by the Government of fridfft' (~ •• [ '1JlT I-~ I ] to as the 'assurances'). The supply of the Scheduled items shall be in accordance with the relevant agreement and assurances.
3. Copies of the Agreements in force for the cooperation concerning peaceful uses of atomic energy with other countries would be made available on the website of the Department.
4. These Agreements provide for the transfer of nuclear material, non-nuclear material, equipment, components, information and technology directly between the Governments or through authorized I designated persons. Any such transfer is subject to the conditions stipulated in the Agreements which inter-alia include peaceful-use assurances, application of IAEA safeguards, provision of adequate physical protection, conditions for retransfer, confidentiality of information and intellectual property rights.
Authorization h. A person in India who intends to enter into commercial relationship, collaboration, cooperation or contract (hereinafter referred to as an 'arrangement') or has already entered into such an arrangement with persons in a cooperating country or a trading country (hereinafter referred to as a Supplier), as the case may be, shall seek an authorization (hereinafter referred to as the 'authorization') for such an arrangement.
6. A person, who has been granted an authorization, shall be required to ensure that the arrangement proposed to be entered or already entered into by him, meets all conditions stipulated in the Agreement with a cooperating country, or is consistent with the assurances agreed to by the Government of India.
7. A person, who has been granted an authorization, shall also ensure that such an arrangement with a person in a cooperating country or a trading country shall hot hinder or otherwise interfere with any other activities in India involving the use of nuclear material, non-nuclear material, equipment, components, information or 13 • 14 Government of India independent of the Agrftement.
8. Additional Secretary, Department of Atomic· ~.·.AltllM Chatrapati Shivaji Mahimaj Marg, Mumb;li ~400001, i$d~ll-111•~ authority (hereinafter Feferred lo as the • 'Competerit ~.: .. •.
~uthorization including prescribing application fee.
The ColY)petent Authqrity nlay grant' authorization only if l!eJs ...., ltJt, ..
tec~nical, fir:tanclal and legal competence of the applicant .
. A person who has been llfanted an ~ Shall fUdiib; lit •< Authority a copy of the final deed COrn.ining lhe ~ ....
period of 30 days from the date suph arr~ is entered;.
Additional Information application for authorization, .or to·ensure continued ~ wilti • ..
on which the authorization h8s been issued.
Reporting requirements
11. Every person receiving any nuclear material, non..nue19ift .• , . llllllWlM
1..<quipment, components, infO""af!on or ll!chnology · ~ stlCli · .
(hereinafter referred to as lhe 'Recipienf) shall. be requil1llf lo Npljllt .11> W.
Coinpetent Authority, details of such transfers wflhln 3() • """"'·•• ...• ,, .•. ~----·------- [\Wl I-~ l] details of such transfer and any activity that was carried out by such person pursuant to the agreement or the assurance.
I
12. Every Recipient shall be required to submit an annual report by 15th April of every year for the immediately preceding financial year providing the details of transfers of any nuclear material, non-nuclear material, equipment, information, or technology, and any activity that was carried out by such a person pursuant to the agreement or the assurance to the Competent Authority.
13. Every authorization shall be non-transferable, non-assignable and subject to such conditions and reporting requirements as may be stipulated therein or subsequently sought. The Competent Authority may suspend or revoke an authorization for breach 'of any of the conditions on which it is granted or for non compliance of any reporting requirement, provided that such suspension or revocation shall be ordered only after giving the person conc.erned an opportunity of making a representation and considering his representation.
Recognition a~d verification of transfer
14. Any nuclear material, non-nuclear material, equipment, components, information or technology shall be deemed to have been transferred pursuant to an agreement for cooperation with a co-operating country or an assurance given by the Government of India to a trading country only if an authorization has been obtained by the person in India before entering into any arrangement with a Supplier, and the Competent Authority has been informed of such transfer having taken place. The Government of India reserves the right to verify any such transfer in any manner it may consider necessary.
Legal requiremen•
15. Arrangements pursuant to authorizations shall continue to be subject to provisions of the Atomic Energy Act, 1962, other applicable Indian laws and rules, regulations and guidelines made thereunder. These arrangements shall also 16 THE GAZEITE OF· INDIA : EXTRAORDINAR'f' conform to the policies. of the Government of India and ~ :m:. 1amaaa which India is or may be a Party.
"Nuclear material" means any "source mate.rial" or "~[fiiliOiCI@.
~ ' . . ' - ' \ ' . .' ' those . terms are defined in Article. XX of the Statu-Jf i.,_ .:11 ... Ml Energy Agency (IAEA);
"Non-nuclear material" ~ns material IWita.&>18 .for use·iA, .• :~';~/ · high velocity neutrQns .. increase the likelihood of .~1 .~: ... i deuterium, heavy water and. de~rium ·compounds in whk:hr;tlw ,..lit{· .. :· ·· "Equipment" means equipment specially designed or adaPtaQ. or ~ • intended· to be used for the production or utijisa&fon of, g; .• .,...I: . Ml , ' - ~ < "· ~-· nuclear material, or for the production or utifisatiOn of·~.._,_.( nuclear reactors, fuel reprocessing plMts, ' ruel ~ 'Plll,.1 enrichment plants, uranit.lrl & plutooium conversion·fa·l~·riwtiJr:
. - ' ' , ·. "". .. : . ,._.-- ; ._- .. _ - .'.:~- _' '<""'·,:,:,:>-;:.
plants, and associated ecpiipment specially deeigned, ~ ••i\tJ:- intended to be used in such plants I facilities; ' ·- ' . . . ''°:' -·, "Technology" means the · specifrc information neces.,y··. #Or· tfMt produetion or use of items fisted in tfrlis Schedule with the''--;·tf .. ··· -. . .
public domain or of Basic scientific research.
"Information" means any information that is ·not.in public~ andlff.
any form pursuant to such an Agreement .mid is so des~ ~-. i hard copy or digital form-~ agreement of the P,rt~ th~ ~· •·-"';·. :
Agreement, but will cease to be informatiQrl whenever· the.·e~ < •• ' information or any third ,party legitimately releases it in public dOfnain.
f J:
I I I l j I ['IWT I-~ 1] Sch.edule - II (Application Fee: Rs ................. .)
Application for authorization by a person in India to enter into an arrangement with a person in a cooperating country I a trading country as required under the GOI Resolution No. dated
1. Details of application fee submitted:
2. Particulars of the applicant:
a).Name:
b).Address:
c).Citizenship:
d). If company, address of registered office:
e).Degree of control by any foreign person:
--- f). Any other information necessary to fulfil! requirements of this resolution:
3. Particulars of all interested persons (if there are more than one interested persons such as subsidiaries, contractors and sub-contractors, this information must be given for each such person and may be numbered as 3.1, 3.2, 3.3,.etc. If any person acquires such interest at a future date, particulars thereof must be furnished to the Competent Authority within 30 days of acquisition of such interest):
3.1:-· a). Name:
b).Address:
c). Citizenship:
d). If company, registration number and address of registered office (attach a certified copy of the certificate of registration, memorandum & articles of association and audited balance sheet of immediately preceding financial year)::
e). Degree of control by any foreign person:
f) Any other information necessary to fulfil! requirements for authorization:
17 18 THE GAZETTE OF INDIA : EXTRAORDINl\Jl"(
3.2:- (add extra sheet, if required) I 'j
4. Particulars of ~II licences/autholizatio~ issued lo the~ •11111~.,.· Energy Act, 19621111 date (add extra 5'-1, if required) . ·· · T
5. A complete description ofthe proposed activity, name ancfdoQatiaoctf!•· involved, name and address of the person with whom the actMt.Y··is·te•,• . ._ ' : " ' and a detailed description of the speciftc project to which tlie ·actN· ··· , .
deed of arrangemerit proposed to be entered must be furnished) :
6. Designation of any information considered proprietary wttoie· .,.,..~ ... ._, ... ,. • would cause substantial harm to toe competitive PoSition of the··~ 1