International Atomic Energy Agency
(Unofficial electronic edition)
26 November 1991
Agreement Between the Republic of Argentina and the Federative Republic
of Brazil for the Exclusively Peaceful Use of Nuclear Energy
The attached text of the Agreement between the Republic of Argentina and
the Federative Republic of Brazil for the Exclusively Peaceful Use of Nuclear
Energy, signed by the Ministers for Foreign Affairs of Argentina and Brazil at
Guadalajara, Mexico, on 18 July 1991, is being circulated for the information
of Member States at the request of the Permanent Missions of Argentina and
Brazil. The Agreement is in the process of being ratified by the Congresses
of the two countries.
Agreement Between the Republic of Argentina and the Federative Republic
of Brazil for the Exclusively Peaceful Use of Nuclear Energy
The Government of the Republic of Argentina and the Government of the
Federative Republic of Brazil, hereinafter referred to as "the Parties":
Noting the progress achieved in bilateral nuclear co-operation as a
result of the joint work under the co-operative agreement on the peaceful uses
of nuclear energy, signed in Buenos Aires on 20 May 1980;
Recalling the commitments assumed under the Joint Declarations on
Nuclear Policy of Foz do Iguaçú (1985), Brasilia (1986), Viedma (1987) and
Iperó (1988), reaffirmed by the Joint Statement of Buenos Aires of 6 July 1990;
Considering the decisions adopted in the Argentine-Brazilian
Declaration on Common Nuclear Policy of Foz do Iguaçú of 28 November 1990;
Reaffirming their decision to deepen the process of integration between
the two countries;
Recognizing the importance of the peaceful use of nuclear energy for
the scientific, technological, economic and social development of their
Believing that the benefits of all applications of nuclear technology
should be accessible for peaceful purposes to all States;
Reaffirming the principles of the Treaty for the Prohibition of Nuclear
Weapons in Latin America and the Caribbean:
Have agreed as follows.
- The Parties undertake to use the nuclear material and facilities under
their jurisdiction or control exclusively for peaceful purposes.
- The Parties also undertake to prohibit and prevent in their respective
territories, and to abstain from carrying out, promoting or authorizing,
directly or indirectly, or from participating in any way in:
- The testing, use, manufacture, production or acquisition by any
means of any nuclear weapon; and
- The receipt, storage, installation, deployment or any other form
of possession of any nuclear weapon.
- Bearing in mind that at present no technical distinction can be made
between nuclear explosive devices for peaceful purposes and those for military
purposes, the Parties also undertake to prohibit and prevent in their
respective territories, and to abstain from carrying out, promoting or
authorizing, directly or indirectly, or from participating in any way in, the
testing, use, manufacture, production or acquisition by any means of any
nuclear explosive device while the above-mentioned technical limitation exists.
None of the provisions of the present Agreement shall affect the
inalienable right of the Parties to carry out research on, produce and use
nuclear energy for peaceful purposes, each Party maintaining its industrial,
technological and commercial secrets, without discrimination and in conformity
with Articles I, III and IV.
None of the provisions of the present Agreement shall limit the right
of the Parties to use nuclear energy for the propulsion of any type of
vehicle, including submarines, since propulsion is a peaceful application of
The Parties undertake to submit all the nuclear materials in all
nuclear activities carried out in their territories or anywhere under their
jurisdiction or control to the Common System of Accounting and Control of
Nuclear Materials ("SCCC") established by Article V of the present Agreement.
COMMON SYSTEM OF ACCOUNTING AND CONTROL OF NUCLEAR MATERIALS
The Parties shall establish the Common System of Accounting and Control
of Nuclear Materials (hereinafter referred to as "SCCC"), the objective of
which shall be to verify, in accordance with the basic guidelines established
in the Annex to the present Agreement, that the nuclear materials in all
nuclear activities of the Parties are not diverted to the purposes prohibited
by the present Agreement.
BRAZILIAN-ARGENTINE AGENCY FOR ACCOUNTING AND CONTROL OF NUCLEAR MATERIALS
The Parties shall establish the Brazilian-Argentine Agency for
Accounting and Control of Nuclear Materials (hereinafter referred to as the
"ABACC"), which shall have legal personality enabling it to carry out the
objective assigned to it under the present Agreement.
OBJECTIVE OF THE ABACC
The objective of the ABACC shall be to administer and implement the
SCCC in accordance with the provisions of the present Agreement.
POWERS OF THE ABACC
The powers of the ABACC shall be.
- To agree with the Parties new General Procedures and
Implementation Manuals and any modifications to the existing
procedures and manuals that may be necessary;
- To carry out the inspections and other procedures required for
implementation of the SCCC;
- To designate inspectors to carry out the inspections indicated
- To evaluate the inspections carried out in implementation of
- To engage the necessary services to ensure fulfilment of its
- To represent the Parties before third parties in connection with
the implementation of the SCCC:
- To take legal action.
ORGANS OF THE ABACC
The organs of the ABACC shall be the Commission and the Secretariat.
COMPOSITION OF THE COMMISSION
The Commission shall consist of four members, two being designated by
each Party. The Commission shall be established within 60 days of the entry
into force of the present Agreement.
FUNCTIONS OF THE Commiseration
The functions of the Commission shall be:
- To monitor the functioning of the SCCC;
- To approve the General Procedures and Implementation Manuals
referred to in Article VIII(a) after their negotiation by the
- To procure the necessary resources for the establishment of the
- To supervise the functioning of the Secretariat, preparing
instructions and directives as appropriate in each case;
- To appoint the professional staff of the Secretariat and to
approve the appointment of auxiliary staff;
- To prepare a list of duly qualified inspectors from among those
proposed by the Parties to carry out the inspection tasks
entrusted to them by the Secretariat;
- To inform the Party concerned of any anomalies which may arise in
the implementation of the SCCC; that Party shall then be obliged
to take the necessary measures to rectify the situation;
- To call upon the Parties to establish any ad hoc advisory groups
which may be deemed necessary to improve the functioning of
- To report to the Parties every year on the implementation of
- To inform the Parties of the non-compliance by one of the Parties
of the commitments made under the Present Agreement;
- To prepare rules of procedure for itself and regulations for the
COMPOSITION OF THE SECRETARIAT
- The Secretariat shall consist of the professional staff appointed by
the Commission and of auxiliary staff. In the performance of their duties,
the staff of the Secretariat shall be subject to the regulations approved and
the directives formulated by the Commission.
- The senior staff of the nationality of each Party shall take it in
turns each year to act as Secretary of the ABACC, beginning with the
nationality of the country in which the headquarters is not located.
- The inspectors designated under Article VII(c) shall be responsible
exclusively to the Secretariat while carrying out the duties assigned to them
by the Secretariat in connection with the SCCC.
FUNCTIONS OF THE SECRETARIAT
The Secretariat shall have the following functions:
- To implement the directives and instructions issued by the
- In this context, to perform the necessary activities for
implementation and administration of the SCCC;
- To act, under the mandate of the Commission, as the representative
of the ABACC in its relations with the Parties and with third
- To designate from among those included in the list referred to in
Article XI(f) the inspectors who will carry out the inspection
tasks necessary for the implementation of the SCCC, taking into
account that the inspectors who are nationals of one of the
Parties should carry out inspections at the facilities of the
other Party, and to instruct them in the performance of their
- To receive the reports which the inspectors will prepare on the
results of their inspections:
- To evaluate the inspections in accordance with the appropriate
- To inform the Commission immediately of any discrepancy in the
records of either of the Parties which emerges from the evaluation
of the inspection results;
- To prepare the Abacus budget for approval by the Commission;
- To report regularly to the Commission on its activities and, in
particular, on the implementation of the SCCC.
CONFIDENTIALITY OF THE INFORMATION
- The ABACC shall not be authorized to divulge industrial, commercial or
any other information of a confidential nature on the facilities and
characteristics of the nuclear programmes of the Parties without the express
consent of the Parties.
- The members of the Commission, the staff of the Secretariat, the
inspectors and all persons involved in the implementation of the SCCC shall
not reveal industrial, commercial or any other information of a confidential
nature on the facilities and characteristics of the nuclear programmes of the Parties acquired in or as a
result of the performance of their duties. This
obligation shall continue even after they have ceased working for the ABACC or
doing work related to the implementation of the SCCC.
- The penalties for infringements of paragraph 2 of this Article shall be
determined by the respective national legislations, each Party establishing
the penalty for infringements committed by its nationals regardless of where
they were committed.
HEADQUARTERS OF THE ABACC
- The headquarters of the ABACC shall be in the city of Rio de Janeiro.
- The ABACC shall negotiate with the Federative Republic of Brazil the
relevant headquarters agreement.
FINANCIAL AND TECHNICAL SUPPORT
- The Parties shall provide in equal amounts the necessary funds for the
functioning of the SCCC and the ABACC.
- The Parties shall make their technical capabilities available to the
ABACC in support of its activities. Persons allocated temporarily to these
support tasks shall be bound by the commitment laid down in Article XIV.
PRIVILEGES AND IMMUNITIES
- The ABACC shall enjoy legal personality and full legal capacity. Its
privileges and immunities and those of its staff in Brazil shall be laid down
in the headquarters agreement referred to in Article XV.
- The privileges and immunities of the inspectors and other staff working
on a temporary basis for the ABACC shall be determined in an Additional
INTERPRETATION AND APPLICATION
Any disputes relating to the interpretation and application of the
present Agreement shall be settled by the Parties through diplomatic channels.
BREACH OF THE AGREEMENT
Any serious breach of the present Agreement by one of the Parties shall
entitle the other Party to terminate the Agreement or to suspend its
application as a whole or in part, notification thereof being made by that
Party to the Secretariat of the United Nations and the Secretariat of the
Organization of American States.
RATIFICATION AND ENTRY INTO FORCE
The present Agreement shall enter into force 30 days after the date of
exchange of the respective instruments of ratification. Its text shall be
transmitted by the Parties to the Secretariat of the United Nations and the
Secretariat of the Organization of American States for registration.
The present Agreement may be amended by the Parties at any time by
mutual consent. The entry into force of the amendments shall be in accordance
with the procedure laid down in Article XX.
The present Agreement shall be valid for an indefinite period. It may
be terminated by either of the Parties by written notification to the other
Party, notification thereof being made by the Party terminating the Agreement
to the Secretariat of the United Nations and the Secretariat of the
Organization of American States. The termination shall become effective
six months after the date of receipt of this notification.
Done in the city of on the day of the
month of 1991, in duplicate in the Spanish and Portuguese languages,
both texts being equally authentic.
BASIC GUIDELINES FOR THE COMMON SYSTEM OF ACCOUNTING
AND CONTROL OF NUCLEAR MATERIALS
- The Common System of Accounting and Control of Nuclear Materials
(the SCCC) is a set of procedures established by the Parties to detect, with a
reasonable degree of certainty, whether the nuclear materials in all their
nuclear activities have been diverted to uses not authorized under the terms
of the present Agreement.
- The SCCC consists of General Procedures and Implementation Manuals for
each category of installation.
The SCCC shall be based on a structure of nuclear material accounting
areas and shall be applied as of one of the following initiating events:
- The production of any nuclear material of suitable composition and
purity for direct use in the manufacture of nuclear fuel or in
isotopic enrichment, including the subsequent generations of
nuclear material produced from such material;
- The import of any nuclear material having the characteristics set
forth in paragraph (a) above or any other nuclear materials
produced in a subsequent stage of the nuclear fuel cycle.
The nuclear material shall cease to be subject to the SCCC when:
- It has been moved outside the jurisdiction or control of the
- It has been transferred to a non-nuclear use or a nuclear use not
relevant in terms of the SCCC: or
- It has been used, diluted or transformed so that it cannot be used
for any nuclear use relevant in terms of the SCCC or it is
The application of the SCCC to nuclear materials used for the nuclear
propulsion of any type of vehicle, including submarines, or in other
activities which, by their nature, require a special procedure shall have the
following special characteristics:
- The suspension of inspections, of access to operational accounting
records and of notifications and reports required under the SCCC
in relation to these nuclear materials for the duration of their
use for the above-mentioned activities;
- The reapplication to these nuclear materials of the procedures
referred to in paragraph (a) when they cease to be used for those
- The recording by the ABACC of the total quantity and composition
of such nuclear materials under the jurisdiction or control of one
of the Parties and all transfers of these materials outside such
jurisdiction or control.
The suitable level of accounting and control of nuclear materials for
each installation shall be determined according to the strategic value
obtained from analysis of the following variables:
- Category of the nuclear material, taking into account the
relevance of its isotopic composition;
- Conversion time;
- Inventory/flow of the nuclear material;
- Category of the installation;
- Degree of importance of the installation in comparison with other
- Existence of containment and surveillance methods.
The SCCC, where appropriate, shall include such measures as:
- A system of records or reports reflecting, for each nuclear
material accounting area, the inventory of nuclear materials and
changes in that inventory;
- Provisions for the correct application of the accounting and
control procedures and measures;
- Measuring systems to determine the nuclear material inventories
and their variations;
- Evaluation of the accuracy and degree of approximation of the
measurements and calculation of their instanter:
- Procedures to identify, revise and evaluate shipper-receiver
differences in the measurements;
- Procedures for carrying out a physical inventory;
- Procedures for determining and evaluating non-accounted material;
- Implementation of containment and surveillance systems.