International Atomic Energy Agency Information Circular (Unofficial electronic edition)

INFCIRC/514/Mod.1 September 1997 GENERAL Distr. Original: ENGLISH

1. The text of the Exchange of Letters is reproduced in this document for the information of all Members. This Exchange of Letters constitutes an agreement confirming that:
   • the Safeguards Agreement of 7 May 1996^1/ concluded between the Government of Saint Kitts and Nevis and the IAEA pursuant to the Treaty on the Non-Proliferation of Nuclear Weapons (NPT) will also satisfy the obligation of Saint Kitts and Nevis under Article 13 of the Treaty for the Prohibition of Nuclear Weapons in Latin America and the Caribbean (the Tlatelolco Treaty) to conclude a safeguards agreement with the IAEA at such time as that Treaty enters into force for St. Kitts and Nevis;

   • the safeguards set forth in the Safeguards Agreement shall also apply, as regards Saint Kitts and Nevis, in connection with the Tlatelolco Treaty at such time as that Treaty enters into force for Saint Kitts and Nevis;

   • the provisions of the Safeguards Agreement shall apply as long as Saint Kitts and Nevis is party to the NPT or the Tlatelolco Treaty or both.

2. The agreement reflected in the Exchange of Letters was approved by the Board of Governors on 18 March 1997, and pursuant to its terms, entered into force on that date.

3. On 14 February 1997, the Tlatelolco Treaty entered into force for St. Kitts and Nevis.

INFCIRC/514/Mod.1
Attachment

Sir,

I have the honour to refer to the decision of the Board of Governors of the International Atomic Energy Agency of 15 June 1995 which authorised the Secretariat of the IAEA to confirm through an exchange of letters with the relevant States of the Latin American and Caribbean region that, inter alia, the comprehensive safeguards agreements which these States have concluded with the IAEA pursuant to the Treaty on the Non-Proliferation of Nuclear Weapons ("the NPT") satisfy the requirement of Contracting Parties to the Treaty for the Prohibition of Nuclear Weapons in Latin America and the Caribbean ("the Tlatelolco Treaty") to conclude safeguards agreements with the IAEA.

Saints Kitts and Nevis is a signatory to the Tlatelolco Treaty, article 13 of which provides, inter alia, that "each Contracting Party shall negotiate multilateral or bilateral agreements with the International Atomic Energy Agency for the application of its safeguards to its nuclear activities ...". Saint Kitts and Nevis is also party to the NPT and on 7 May 1996 concluded an agreement with the IAEA for the application of safeguards in connection wit that Treaty (hereinafter called "the Safeguards Agreement").

Against that background, I should like to propose the following:

1. Saint Kitts and Nevis and the IAEA consider that the Safeguards Agreement pursuant to the NPT which Saint Kitts and Nevis concluded on 7 May 1996 will also satisfy the obligation of Saint Kitts and Nevis under Article 13 of the Tlatelolco Treaty at such time as that Treaty enters into force for Saint Kitts and Nevis;

2. Saint Kitts and Nevis and the IAEA agree that the safeguards set forth in the Safeguards Agreement pursuant to the NPT shall also apply, as regards Saint Kitts and Nevis, in connection with the Tlatelolco Treaty at such time as that Treaty enters into force for Saint Kitts and Nevis;

3. The provisions of the Safeguards Agreement shall apply as long as Saint Kitts and Nevis is party to the NPT or the Tlatelolco Treaty or both.

It is the Secretariat's understanding that the Government of Saint Kitts and Nevis concurs with the statements in paragraphs 1 to 3 above. In that case, this letter and your affirmative reply shall, subject to approval by the Board of Governors of the IAEA, constitute an agreement between the Government of Saint Kitts and Nevis and the IAEA, which shall enter into force on the date of approval of this exchange of letters by the Board of Governors of the IAEA.

Accept, Sir, the assurances of my highest consideration.

Yours faithfully,

Hans Blix
Director General

INFCIRC/514/Mod. 1
Attachment

7 February 1997

Your Excellency

I refer to your letter dated 20th December, 1996 for which I thank you.

Pursuant to Article 13 of the Treaty of Tlatelolco and the decision of the Board of Governors of the International Atomic Energy Agency of 15th June 1995, I have the honour to reply to your said letter and to advise as follows:

1. Saint Kitts and Nevis and the IAEA consider that the Safeguards Agreement pursuant to the NPT which Saint Kitts and Nevis concluded on 7 May 1996 will also satisfy the obligation of Saint Kitts and Nevis under Article 13 of the Tlatelolco Treaty at such time as that Treaty enters into force for Saint Kitts and Nevis;

2. Saint Kitts and Nevis and the IAEA agree that the safeguards set forth in the Safeguards Agreement pursuant to the NPT shall also apply, as regards Saint Kitts and Nevis, in connection with the Tlatelolco Treaty at such time as that Treaty enters into force for Saint Kitts and Nevis;

3. The provisions of the Safeguards Agreement shall apply as long as Saint Kitts and Nevis is party to the NPT or the Tlatelolco Treaty or both.

It is the understanding of the Government of St Kitts and Nevis that your letter under reference and this reply will subject to approval by the Board of Governors of IAEA constitute an Agreement between the Government of St Kitts and Nevis and the IAEA which shall enter into force on the date of approval of this exchange of letters by the Board of Governors of the IAEA .

I hasten to assure Your Excellency of my highest consideration.

Denzil L Douglas
Prime Minister and Minister of Foreign Affairs