(a) approve the proposed amendment and determine that its performance will promote and will not constitute an unreasonable risk to the common defense and security of the United States of America ;

(b) authorize the execution of the proposed amendment on behalf of the Government of the United States of America by appropriate authorities of the Department of State and the Atomic Energy Commission.

Sincerely,

LYNDON B. JOHNSON.

AMENDMENT TO AGREEMENT FOR COOPERATION BETWEEN THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND THE GOVERNMENT OF IRELAND CONCERNING CIVIL USES OF ATOMIC ENERGY

The Government of the United States of America and the Government of Ireland,

Desiring to amend the Agreement for Cooperation Between the Government of the United States of America and the Government of Ireland Concerning Civil Uses of Atomic Energy, signed at Washington on March 16, 1956, as amended by the Agreements signed on February 13, 1961, and on August 7, 1963, Agree as follows:

ARTICLE I

Article I of the Agreement for Cooperation is amended to read as follows: "For the purposes of this Agreement:

"(a) 'Atomic weapon' means any device utilizing atomic energy, exclusive of the means for transporting or propelling the device (where such means is a separable and divisible part of the device), the principal purpose of which is for use as, or for development of a weapon, a weapon prototype, or a weapon test device.

"(b) 'Byproduct material' means any radioactive material (except special nuclear material) yielded in or made radioactive by exposure to the radiation incident to the process of producing or utilizing special nuclear material. "(c) 'Commission' means the United States Atomic Energy Commission. "(d) 'Equipment and devices' and 'equipment or devices' means any instrument, apparatus, or facility, and includes any facility, except an atomic weapon, capable of making use of or producing special nuclear material, and component parts thereof.

"(e) 'Parties' means the Government of the United States of America, including the Commission on behalf of the Government of the United States of America, and the Government of Ireland. 'Party' means one of the above 'Parties'.

"(f) 'Person' means any individual, corporation, partnership, firm, association, trust, estate, public or private institution, group, government agency, or government corporation but does not include the Parties to this Agreement.

"(g) 'Research reactor' means a reactor which is designed for the production of neutrons and other radiations for general research and development purposes, medical therapy and diagnosis, or training in nuclear science and engineering. The term does not cover power reactors, power demonstration reactors, or reactors designed primarily for the production of special nuclear material.

"(h) 'Restricted Data' means all data concerning (1) design, manufacture, or utilization of atomic weapons, (2) the production of special nuclear material, or (3) the use of special nuclear material in the production of energy, but shall not include data declassified or removed from the category of Restricted Data by the appropriate authority.

"(i) 'Safeguards' means a system of controls designed to assure that any material, equipment and devices committed to the peaceful uses of atomic energy are not used to further any military purpose.

"(j) Source material' means (1) uranium, thorium, or any other material which is determined by the Commission or the Government of Ireland to be source material, or (2) ores containing one or more of the foregoing materials, in such concentration as the Commission or the Government of Ireland may determine from time to time.

"(k) 'Special nuclear material' means (1) plutonium, uranium enriched in the isotope 233 or in the isotope 235, and any other material which the Commission or the Government of Ireland determines to be special nuclear material, or (2) any material artificially enriched by any of the foregoing."

ARTICLE II

Article II of the Agreement for Cooperation is amended to read as follows: "1. Subject to the provisions of this Agreement, the availability of personnel and material, and the applicable laws, regulations, and license requirements in force in their respective countries, the Parties shall cooperate with each other in the achievement of the uses of atomic energy for peaceful purposes.

"2. Restricted Data shall not be communicated under this Agreement, and no materials or equipment and devices shall be transferred, and no services shall be furnished, under this Agreement, if the transfer of any such materials or equip ment and devices or the furnishing of any such services involves the communication of Restricted Data.

"3. This Agreement shall not require the exchange of any information which the Parties are not permitted to communicate."

ARTICLE III

Article III of the Agreement for Cooperation is amended to read as follows: "1. Subject to the provisions of Article II, the Parties shall exchange unclassified information with respect to the application of atomic energy to peaceful uses and the problems of health and safety connected therewith. The exchange of information provided for in this Article shall be accomplished through various means, including reports, conferences, and visits to facilities, and shall include information in the following fields:

"(a) Design, construction, operation and use of research reactors, materials testing reactors, and reactor experiments;

"(b) The use of radioactive isotopes and source material, special nuclear material, and byproduct material in physical and biological research, medicine, agriculture, and industry; and

"(c) Health and safety problems related to the foregoing.

"2. The application or use of any information (including design drawings and specifications), and any material, equipment and devices, exchanged or transferred between the Parties under this Agreement shall be the responsibility of the Party receiving it, and the other Party does not warrant the accuracy or completeness of such information and does not warrant the suitability of such information, material, equipment and devices for any particular use or application."

ARTICLE IV

Article IV of the Agreement for Cooperation is amended to read as follows: "1. As may be agreed, the Commission will transfer to the Government of Ireland or authorized persons under its jurisdiction, uranium enriched in the isotope U-235 for use as fuel in defined research applications, including research reactors, materials testing reactors, and reactor experiments, which the Government of Ireland decides to construct or operate, or authorizes private persons to construct or operate in Ireland. Contracts setting forth the terms, conditions, and delivery schedule of each transfer shall be agreed upon in advance.

"2. The net amount of U-235 in enriched uranium transferred under this Article during the period of this Agreement shall not at any time exceed twenty-five (25) kilograms. This net amount shall be the gross quantity of such contained U-235 in uranium transferred to the Government of Ireland during the period of this Agreement less the quantity of such contained U-235 in recoverable uranium which has been resold or otherwise returned to the Government of the United States of America during the period of this Agreement or transferred to any other nation or group of nations with the approval of the Government of the United States of America.

"3. Within the limitations contained in paragraph 2 of this Article, the quantity of uranium enriched in the isotope U-235 transferred under this Article and under the jurisdiction of the Government of Ireland for the fueling of reactors or reactor experiments shall not at any time be in excess of the quantity thereof necessary for the loading of such reactors or reactor experiments, plus such additional quantity as, in the opinion of the Commission, is necessary to permit the efficient and continuous operation of such reactors or reactor experiments.

"4. The enriched uranium supplied hereunder may contain up to twenty per cent (20%) in the isotope U-235. All or a portion of the foregoing special nuclear material may be made available as uranium enriched to more than twenty per cent (20%) by weight in the isotope U-235 when the Commission finds there is a

technical or economic justification for such a transfer for use in research reactors, materials testing reactors, and reactor experiments, each capable of operating with a fuel load not to exceed eight (8) kilograms of the isotope U-235 contained in such uranium.

"5. When any source or special nuclear material received from the United States of America requires reprocessing, such reprocessing shall be performed at the discretion of the Commission in either Commission facilities or facilities acceptable to the Commission, on terms and conditions to be later agreed; and it is understood, except as may be otherwise agreed, that the form and content of any irradiated fuel elements shall not be altered after removal from a reactor and prior to delivery to the Commission or the facilities acceptable to the Commission for reprocessing.

"6. Special nuclear material produced as a result of irradiation processes in any part of fuel leased hereunder shall be for the account of the lessee and, after reprocessing as provided in paragraph 5 of this Article, shall be returned to the lessee, at which time title to such material shall be transferred to the lessee, unless the Government of the United States of America shall exercise the option, which is hereby granted, to retain, with a credit to the lessee based on the prices in the United States of America referred to in paragraph 7 of this Article, any such special nuclear material which is in excess of the needs of Ireland for such material in its program for the peaceful uses of atomic energy.

"7. With respect to any special nuclear material not owned by the Government of the United States of America produced in reactors while fueled with materials obtained from the United States of America by means other than lease which is in excess of the needs of Ireland for such material in Ireland's program for the peaceful uses of atomic energy, the Government of the United States of America shall have and is hereby granted (a) a first option to purchase such material at prices then prevailing in the United States of America for special nuclear material produced in reactors which are fueled pursuant to the terms of an Agreement for Cooperation with the Government of the United States of America, and (b) the right to approve the transfer of such material to any other nation or group of nations in the event the option to purchase is not exercised.

"8. Some atomic energy materials which the Commission may be requested to provide in accordance with this Agreement are harmful to persons and property unless handled and used carefully. After delivery of such materials, the Government of Ireland shall bear all responsibility, insofar as the Government of the United States of America is concerned, for the safe handling and use of such materials. With respect to any source or special nuclear material or reactor materials which the Commission may, pursuant to this Agreement, lease to the Government of Ireland or to any private individual or private organization under its jurisdiction, the Government of Ireland shall indemnify and save harmless the Government of the United States of America against any and all liability (including third party liability) for any cause whatsoever arising out of the production or fabrication, the ownership, the lease, and the possession and use of such source or special nuclear material or reactor materials after delivery by the Commission to the Government of Ireland or to any private individual or private organization under its jurisdiction."

ARTICLE V

Article V of the Agreement for Cooperation, as amended, is amended to read as follows:

"1. Materials of interest in connection with the subjects of agreed exchange of information as provided in Article III and subject to the provisions of Article II, including source material, heavy water, byproduct material, other radioisotopes, stable isotopes, and special nuclear material for purposes other than fueling reactors and reactor experiments, may be transferred between the Parties for defined applications in such quantities and under such terms and conditions as may be agreed when such materials are not commercially available.

"2. Subject to the provisions of Article II and under such terms and conditions as may be agreed, specialized research facilities and reactor materials testing facilities of the Parties shall be made available for mutual use consistent with the limits of space, facilities, and personnel conveniently available when such facilities are not commercially available.

"3. With respect to the subjects of agreed exchange of information as provided in Article III and subject to the provisions of Article II, equipment and devices may be transferred from one Party to the other under such terms and conditions

as may be agreed. It is recognized that such transfers will be subject to limitations which may arise from shortages of supplies or other circumstances existing at the time."

ARTICLE VI

Article VII of the Agreement for Cooperation is amended to read as follows: "1. With respect to the application of atomic energy to peaceful uses, it is understood that arrangements may be made between either Party or authorized persons under its jurisdiction and authorized persons under the jurisdiction of the other Party for the transfer of equipment and devices and materials other than special nuclear material and for the performance of services.

"2. With respect to the application of atomic energy to peaceful uses, it is understood that arrangements may be made between either Party or authorized persons under its jurisdiction and authorized persons under the jurisdiction of the other Party for the transfer of special nuclear material and for the performance of services with respect thereto for the uses specified in Articles IV and V of this Agreement and subject to the limitations of Article IV, paragraph 2, of this Agreement.

"3. The Parties agree that the activities referred to in paragraphs 1 and 2 of this Article shall be subject to the limitations in Article II and to the policies of the Parties with regard to transactions involving the authorized persons referred to in paragraphs 1 and 2."

ARTICLE VII

Article VIII of the Agreement for Cooperation is amended to read as follows: "1. The Government of the United States of America and the Government of Ireland emphasize their common interest in assuring that any material, equip ment or devices made available to the Government of Ireland or any person under its jurisdiction pursuant to this Agreement shall be used solely for civil purposes. "2. Except to the extent that the safeguards rights provided for in this Agreement are suspended by virtue of the application of safeguards of the International Atomic Energy Agency, as provided in Article VIII bis, the Government of the United States of America, notwithstanding any other provisions of this Agreement, shall have the following rights:

"(A) With the objective of assuring design and operation for civil purposes and permitting effective application of safeguards, to review the design of any "(1) reactor and

"(2) other equipment and devices the design of which the Commission determines to be relevant to the effective application of safeguards, which are to be made available under this Agreement to the Government of Ireland or any person under its jurisdiction by the Government of the United States of America or any person under its jurisdiction, or which are to use, fabricate, or process any of the following materials so made available: source material, special nuclear material, moderator material, or other material designated by the Commission;

"(B) With respect to any source or special nuclear material made available under this Agreement to the Government of Ireland or any person under its jurisdiction by the Government of the United States of America or any person under its jurisdiction and any source or special nuclear material utilized in, recovered from, or produced as a result of the use of any of the following materials, equipment or devices so made available:

"(1) source material, special nuclear material, moderator material, or other material designated by the Commission,

"(2) reactors, and

"(3) any other equipment or devices designated by the Commission as an item to be made available on the condition that the provisions of this paragraph 2(B) will apply,

"(i) to require the maintenance and production of operating records and to request and receive reports for the purpose of assisting in ensuring accountability for such materials, and

"(ii) to require that any such materials in the custody of the Government of Ireland or any person under its jurisdiction be subject to all of the safeguards provided for in this Article and the guarantees set forth in Article IX;

"(C) To require the deposit in storage facilities designated by the Commission of any of the special nuclear material referred to in paragraph 2(B) of this

Article which is not currently utilized for civil purposes in Ireland and which is not retained or purchased by the Government of the United States of America pursuant to Article IV, transferred pursuant to Article IV, paragraph 7(b), or otherwise disposed of pursuant to an arrangement mutually acceptable to the Parties;

"(D) To designate, after consultation with the Government of Ireland, personnel who, accompanied, if either Party so requests, by personnel designated by the Government of Ireland, shall have access in Ireland to all places and data necessary to account for the source and special nuclear materials which are subject to paragraph 2(B) of this Article, to determine whether there is compliance with this Agreement and to make such independent measurements as may be deemed necessary;

"(E) In the event of non-compliance with the provisions of this Article or the guarantees set forth in Article IX and the failure of the Government of Ireland to carry out the provisions of this Article within a reasonable time, to suspend or terminate this Agreement and to require the return of any materials, equipment and devices referred to in paragraph 2(B) of this Article;

"(F) To consult with the Government of Ireland in the matter of health and safety.

"3. The Government of Ireland undertakes to facilitate the application of the safeguards provided for in this article."

ARTICLE VIII

The following new article is added directly after Article VIII of the Agreement for Cooperation:

"ARTICLE VIII bis

"1. The Government of the United States of America and the Government of Ireland, recognizing the desirability of making use of the facilities and services of the International Atomic Energy Agency, agree that prior to the transfer to Ireland of any materials or facilities subject to safeguards under this Agreement the Agency will be requested to assume responsibility for applying safeguards to such materials and facilities. It is contemplated that the necessary arrangements will be effected without modification of this Agreement through an agreement to be negotiated among the Parties and the Agency which may include provisions for suspension of the safeguards rights accorded to the Government of the United States of America by Article VIII of this Agreement, during the time and to the extent that the Agency's safeguards apply to such materials and facilities.

"2. In the event the Parties do not reach a mutually satisfactory agreement on the terms of the trilateral arrangement envisaged in paragraph 1 of this Article, either Party may, by notification, terminate this Agreement. In the event of termination by either Party, the Government of Ireland shall, at the request of the Government of the United States of America, return to the Government of the United States of America all special nuclear material received pursuant to this Agreement and still in its possession or in the possession of persons under its jurisdiction. The Government of the United States of America will compensate the Government of Ireland or the persons under its jurisdiction for their interest in such material so returned at the Commission's schedule of prices then in effect in the United States of America.”

ARTICLE IX

Article IX of the Agreement for Cooperation is amended to read as follows: "The Government of Ireland guarantees that:

“(a) Safeguards provided in Article VIII shall be maintained.

"(b) No material, including equipment and devices, transferred to the Government of Ireland or authorized persons under its jurisdiction by purchase or otherwise pursuant to this Agreement and no special nuclear material produced through the use of such material, equipment or devices, will be used for atomic weapons, or for research on or development of atomic weapons, or for any other military purpose.

"(c) No material, including equipment and devices, transferred to the Government of Ireland or authorized persons under its jurisdiction pursuant to this Agreement will be transferred to unauthorized persons or beyond the jurisdiction of the Government of Ireland, except as the Commission may agree to such a transfer to another nation or group of nations, and then only if, in the opinion of the Commission, the transfer of the material is within the scope of an Agreement