Statute
of the IAEA
|
Contents
by Article and Title |
|||
|
|
|||
|
I. |
XIII. |
||
|
II. |
XIV. |
||
|
III. |
XV. |
||
|
IV. |
XVI. |
||
|
V. |
XVII. |
||
|
VI. |
XVIII. |
||
|
VII. |
XIX. |
||
|
VIII. |
XX. |
||
|
IX. |
XXI. |
||
|
X. |
XXII. |
||
|
XI. |
XXIII. |
||
|
XII. |
ANNEX |
||
ARTICLE
I: Establishment of the Agency
The
Parties hereto establish an International Atomic Energy Agency (hereinafter
referred to as "the Agency") upon the terms and conditions hereinafter
set forth.
ARTICLE
II: Objectives
The
Agency shall seek to accelerate and enlarge the contribution of atomic energy to
peace, health and prosperity throughout the world. It shall ensure, so far as it
is able, that assistance provided by it or at its request or under its
supervision or control is not used in such a way as to further any military
purpose.
ARTICLE
III: Functions
A.
The Agency is authorized:
1.
To encourage and assist research on, and development and practical application
of, atomic energy for peaceful uses throughout the world; and, if requested to
do so, to act as an intermediary for the purposes of securing the performance of
services or the supplying of materials, equipment, or facilities by one member
of the Agency for another; and to perform any operation or service useful in
research on, or development or practical application of, atomic energy for
peaceful purposes;
2.
To make provision, in accordance with this Statute, for materials, services,
equipment, and facilities to meet the needs of research on, and development and
practical application of, atomic energy for peaceful purposes, including the
production of electric power, with due consideration for the needs of the
under-developed areas of the world;
3.
To foster the exchange of scientific and technical information on peaceful uses
of atomic energy;
4.
To encourage the exchange of training of scientists and experts in the field of
peaceful uses of atomic energy;
5.
To establish and administer safeguards designed to ensure that special
fissionable and other materials, services, equipment, facilities, and
information made available by the Agency or at its request or under its
supervision or control are not used in such a way as to further any military
purpose; and to apply safeguards, at the request of the parties, to any
bilateral or multilateral arrangement, or at the request of a State, to any of
that State's activities in the field of atomic energy;
6.
To establish or adopt, in consultation and, where appropriate, in collaboration
with the competent organs of the United Nations and with the specialized
agencies concerned, standards of safety for protection of health and
minimization of danger to life and property (including such standards for labour
conditions), and to provide for the application of these standards to its own
operation as well as to the operations making use of materials, services,
equipment, facilities, and information made available by the Agency or at its
request or under its control or supervision; and to provide for the application
of these standards, at the request of the parties, to operations under any
bilateral oe multilateral arrangements, or, at the request of a State, to any of
that State's activities in the field of atomic energy;
7.
To acquire or establish any facilities, plant and equipment useful in carrying
out its authorized functions, whenever the facilities, plant, and equipment
otherwise available to it in the area concerned are inadequate or available only
on terms it deems unsatisfactory.
B.
In carrying out its functions, the Agency shall:
1.
Conduct its activities in accordance with the purposes and principles of the
United Nations to promote peace and international co-operation, and in
conformity with policies of the United Nations furthering the establishment of
safeguarded worldwide disarmament and in conformity with any international
agreements entered into pursuant to such policies;
2.
Establish control over the use of special fissionable materials received by the
Agency, in order to ensure that these materials are used only for peaceful
purposes;
3.
Allocate its resources in such a manner as to secure efficient utilization and
the greatest possible general benefit in all areas of the world, bearing in mind
the special needs of the under- developed areas of the world;
4.
Submit reports on its activities annually to the General Assembly of the United
Nations and, when appropriate, to the Security Council: if in connection with
the activities of the Agency there should arise questions that are within the
competence of the Security Council, the Agency shall notify the Security
Council, as the organ bearing the main responsibility for the maintenance of
international peace and security, and may also take the measures open to it
under this Statute, including those provided in paragraph C of Article XII;
5.
Submit reports to the Economic and Social Council and other organs of the United
Nations on matters within the competence of these organs.
C.
In carrying out its functions, the Agency shall not make assistance to members
subject to any political, economic, military, or other conditions incompatible
with the provisions of this Statute.
D.
Subject to the provisions of this Statute and to the terms of agreements
concluded between a State or a group of States and the Agency which shall be in
accordance with the provisions of the Statute, the activities of the Agency
shall be carried out with due observance of the sovereign rights of States.
ARTICLE
IV: Membership
A.
The initial members of the Agency shall be those States Members of the United
Nations or of any of the specialized agencies which shall have signed this
Statute within ninety days after it is opened for signature and shall have
deposited an instrument of ratification.
B.
Other members of the Agency shall be those States, whether or not Members of the
United Nations or of any of the specialized agencies, which deposit an
instrument of acceptance of this Statute after their membership has been
approved by the General Conference upon the recommendation of the Board of
Governors. In recommending and approving a State for membership, the Board of
Governors and the General Conference shall determine that the State is able and
willing to carry out the obligations of membership in the Agency, giving due
consideration to its ability and willingness to act in accordance with the
purposes and principles of the Charter of the United Nations.
C.
The Agency is based on the principle of the sovereign equality of all its
members, and all members, in order to ensure to all of them the rights and
benefits resulting from membership, shall fulfill in good faith the obligation
assumed by them in accordance with this Statute.
ARTICLE
V: General Conference
A.
A General Conference consisting of representatives of all members shall meet in
regular annual session and in such special sessions as shall be convened by the
Director General at the request of the Board of Governors or of a majority of
members. The sessions shall take place at the headquarters of the Agency unless
otherwise determined by the General Conference.
B.
At such sessions, each member shall be represented by one delegate who may be
accompanied by alternates and by advisers. The cost of attendance of any
delegation shall be borne by the member concerned.
C.
The General Conference shall elect a President and such other officers as may be
required at the beginning of each session. They shall hold office for the
duration of the session. The General Conference, subject to the provisions of
this Statute, shall adopt its own rules of procedure. Each member shall have one
vote. Decisions pursuant to paragraph H of article XIV, paragraph C of article
XVIII and paragraph B of article XIX shall be made by a two- thirds majority of
the members present and voting. Decisions on other questions, including the
determination of additional questions or categories of questions to be decided
by a two- thirds majority, shall be made by a majority of the members present
and voting. A majority of members shall constitute a quorum.
D.
The General Conference may discuss any questions or any matters within the scope
of this Statute or relating to the powers and functions of any organs provided
for in this Statute, and may make recommendations to the membership of the
Agency or to the Board of Governors or to both on any such questions or matters.
E.
The General Conference shall:
F.
The General Conference shall have the authority:
ARTICLE
Vl: Board of Governors
A.
The Board of Governors shall be composed as follows:
1.
The outgoing Board of Governors shall designate for membership on the Board the
ten members most advanced in the technology of atomic energy including the
production of source materials, and the member most advanced in the technology
of atomic energy including the production of source materials in each of the
following areas in which none of the aforesaid ten is located:
2.
The General Conference shall elect to membership of the Board of Governors:
(a)
Twenty members, with due regard to equitable representation on the Board as a
whole of the members in the areas listed in sub- paragraph A. 1 of this article,
so that the Board shall at all times include in this category five
representatives of the area of Latin America, four representatives of the area
of Western Europe, three representatives of the area of Eastern Europe, four
representatives of the area of Africa, two representatives of the area of the
Middle East and South Asia, one representative of the area of South East Asia
and the Pacific, and one representative of the area of the Far East. No member
in this category in any one term of office will be eligible for re- election in
the same category for the following term of office; and
(b)
One further member from among the members in the following areas: Middle East
and South Asia, South East Asia and the Pacific,
(c)
One further member from among the members in the following areas: Africa, Middle
East and South Asia,
B.
The designations provided for in sub- paragraph A- l of this article shall take
place not less than sixty days before each regular annual session of the General
Conference. The elections provided for in sub- paragraph A- 2 of this article
shall take place at regular annual sessions of the General Conference.
C.
Members represented on the Board of Governors in accordance with sub- paragraph
A- l of this article shall hold office from the end of the next regular annual
session of the General Conference after their designation until the end of the
following regular annual session of the General Conference .
D.
Members represented on the Board of Governors in accordance with sub- paragraph
A- 2 of this article shall hold office from the end of the regular annual
session of the General Conference at which they are elected until the end of the
second regular annual session of the General Conference thereafter.
E.
Each member of the Board of Governors shall have one vote. Decisions on the
amount of the Agency's budget shall be made by a two- thirds majority of those
present and voting, as provided in paragraph H of article XIV. Decisions on
other questions, including the determination of additional questions or
categories of questions to be decided by a two thirds majority, shall be made by
a majority of those present and voting. Two- thirds of all members of the Board
shall constitute a quorum.
F.
The Board of Governors shall have authority to carry out the functions of the
Agency in accordance with this Statute, subject to its responsibilities to the
General Conference as provided in this Statute.
G.
The Board of Governors shall meet at such times as it may determine. The
meetings shall take place at the headquarters of the Agency unless otherwise
determined by the Board.
H.
The Board of Governors shall elect a Chairman and other officers from among its
members and, subject to the provisions of this Statute, shall adopt its own
rules of procedure.
I.
The Board of Governors may establish such committees as it deems advisable. The
Board may appoint persons to represent it in its relations with other
organizations.
J.
The Board of Governors shall prepare an annual report to the General Conference
concerning the affairs of the Agency and any projects approved by the Agency.
The Board shall also prepare for submission to the General Conference such
reports as the Agency is or may be required to make to the United Nations or to
any other organization the work of which is related to that of the Agency. These
reports, along with the annual reports, shall be submitted to members of the
Agency at least one month before the regular annual session of the General
Conference.
ARTICLE
VII: Staff
A.
The staff of the Agency shall be headed by a Director General. The Director
General shall be appointed by the Board of Governors with the approval of the
General Conference for a term of four years. He shall be the chief
administrative officer of the Agency.
B.
The Director General shall be responsible for the appointment, organization, and
functioning of the staff and shall be under the authority of and subject to the
control of the Board of Governors. He shall perform his duties in accordance
with regulations adopted by the Board.
C.
The staff shall include such qualified scientific and technical and other
personnel as may be required to fulfill the objectives and functions of the
Agency. The Agency shall be guided by the principle that its permanent staff
shall be kept to a minimum.
D.
The paramount consideration in the recruitment and employment of the staff and
in the determination of the conditions of service shall be to secure employees
of the highest standards of efficiency, technical competence, and integrity.
Subject to this consideration, due regard shall be paid to the contributions of
members to the Agency and to the importance of recruiting the staff on as wide a
geographical basis as possible.
E.
The terms and conditions on which the staff shall be appointed, remunerated, and
dismissed shall be in accordance with regulations made by the Board of
Governors, subject to the provisions of this Statute and to general rules
approved by the General Conference on the recommendation of the Board.
F.
In the performance of their duties, the Director General and the staff shall not
seek or receive instructions from any source external to the Agency. They shall
refrain from any action which might reflect on their position as officials of
the Agency; subject to their responsibilities to the Agency, they shall not
disclose any industrial secret or other confidential information coming to their
knowledge by reason of their official duties for the Agency. Each member
undertakes to respect the international character of the responsibilities of the
Director General and the staff and shall not seek to influence them in the
discharge of their duties.
G.
In this article the term "staff" includes guards.
ARTICLE
VIII: Exchange of information
A.
Each member should make available such information as would, in the judgement of
the member, be helpful to the Agency .
B.
Each member shall make available to the Agency all scientific information
developed as a result of assistance extended by the Agency pursuant to article
XI.
C.
The Agency shall assemble and make available in an accessible form the
information made available to it under paragraphs A and B of this article. It
shall take positive steps to encourage the exchange among its members of
information relating to the nature and peaceful uses of atomic energy and shall
serve as an intermediary among its members for this purpose.
ARTICLE
IX: Supplying of materials
A.
Members may make available to the Agency such quantities of special fissionable
materials as they deem advisable and on such terms as shall be agreed with the
Agency. The materials made available to the Agency may, at the discretion of the
member making them available, be stored either by the member concerned or, with
the agreement of the Agency, in the Agency's depots.
B.
Members may also make available to the Agency source materials as defined in
article XX and other materials. The Board of Governors shall determine the
quantities of such materials which the Agency will accept under agreements
provided for in article XIII.
C.
Each member shall notify the Agency of the quantities, form, and composition of
special fissionable materials, source materials, and other materials which that
member is prepared, in conformity with its laws, to make available immediately
or during a period specified by the Board of Governors.
D.
On request of the Agency a member shall, from the materials which it has made
available, without delay deliver to another member or group of members such
quantities of such materials as the Agency may specify, and shall without delay
deliver to the Agency itself such quantities of such materials as are really
necessary for operations and scientific research in the facilities of the
Agency.
E.
The quantities, form and composition of materials made available by any member
may be changed at any time by the member with the approval of the Board of
Governors.
F.
An initial notification in accordance with paragraph C of this article shall be
made within three months of the entry into force of this Statute with respect to
the member concerned. In the absence of a contrary decision of the Board of
Governors, the materials initially made available shall be for the period of the
calendar year succeeding the year when this Statute takes effect with respect to
the member concerned. Subsequent notifications shall likewise, in the absence of
a contrary action by the Board, relate to the period of the calendar year
following the notification and shall be made no later than the first day of
November of each year.
G.
The Agency shall specify the place and method of delivery and, where
appropriate, the form and composition, of materials which it has requested a
member to deliver from the amounts which that member has notified the Agency it
is prepared to make available. The Agency shall also verify the quantities of
materials delivered and shall report those quantities periodically to the
members.
H.
The Agency shall be responsible for storing and protecting materials in its
possession. The Agency shall ensure that these materials shall be safeguarded
against
I.
The Agency shall as soon as practicable establish or acquire such of the
following as may be necessary:
J.
The materials made available pursuant to this article shall be used as
determined by the Board of Governors in accordance with the provisions of this
Statute. No member shall have the right to require that the materials it makes
available to the Agency be kept separately by the Agency or to designate the
specific project in which they must be used.
ARTICLE
X: Services, equipment, and facilities
Members
may make available to the Agency services, equipment, and facilities which may
be of assistance in fulfilling the Agency's objectives and functions.
ARTICLE
Xl: Agency projects
A.
Any member or group of members of the Agency desiring to set up any project for
research on, or development or practical application of, atomic energy for
peaceful purposes may request the assistance of the Agency in securing special
fissionable and other materials, services, equipment, and facilities necessary
for this purpose. Any such request shall be accompanied by an explanation of the
purpose and extent of the project and shall be considered by the Board of
Governors .
B.
Upon request, the Agency may also assist any member or group of members to make
arrangements to secure necessary financing from outside sources to carry out
such projects. In extending this assistance, the Agency will not be required to
provide any guarantees or to assume any financial responsibility for the
project.
C.
The Agency may arrange for the supplying of any materials, services, equipment,
and facilities necessary for the project by one or more members or may itself
undertake to provide any or all of these directly, taking into consideration the
wishes of the member or members making the request.
D.
For the purpose of considering the request, the Agency may send into the
territory of the member or group of members making the request a person or
persons qualified to examine the project. For this purpose the Agency may, with
the approval of the member or group of members making the request, use members
of its own staff or employ suitably qualified nationals of any member.
E.
Before approving a project under this article, the Board of Governors shall give
due consideration to:
1.
The usefulness of the project, including its scientific and technical
feasibility;
2.
The adequacy of plans, funds, and technical personnel to assure the effective
execution of the project;
3.
The adequacy of proposed health and safety standards for handling and storing
materials and for operating facilities;
4.
The inability of the member or group of members making the request to secure the
necessary finances, materials, facilities, equipment, and services;
5.
The equitable distribution of materials and other resources available to the
Agency;
6.
The special needs of the under- developed areas of the world; and
7.
Such other matters as may be relevant.
F.
Upon approving a project, the Agency shall enter into an agreement with the
member or group of members submitting the project, which agreement shall:
1.
Provide for allocation to the project of any required special fissionable or
other materials;
2.
Provide for transfer of special fissionable materials from their then place of
custody, whether the materials be in the custody of the Agency or of the member
making them available for use in Agency projects, to the member or group of
members submitting the project, under conditions which ensure the safety of any
shipment required and meet applicable health and safety standards;
3.
Set forth the terms and conditions, including charges, on which any materials,
services, equipment, and facilities are to be provided by the Agency itself,
and, if any such materials, services, equipment, and facilities are to be
provided by a member, the terms and conditions as arranged for by the member or
group of members submitting the project and the supplying member;
4.
Include undertakings by the member or group of members submitting the project:
(a) that the assistance provided shall not be used in such a way as to further
any military purpose; and (b) that the project shall be subject to the
safeguards provided for in article XII, the relevant safeguards being specified
in the agreement;
5.
Make appropriate provision regarding the rights and interests of the Agency and
the member or members concerned in any inventions or discoveries, or any patents
therein, arising from the project;
6.
Make appropriate provision regarding settlement of disputes;
7.
Include such other provisions as may be appropriate.
G.
The provisions of this article shall also apply where appropriate to a request
for materials, services, facilities, or equipment in connection with an existing
project.
ARTICLE
XII: Agency safeguards
A.
With respect to any Agency project, or other arrangement where the Agency is
requested by the parties concerned to apply safeguards, the Agency shall have
the following rights and responsibilities to the extent relevant to the project
or arrangement:
1.
To examine the design of specialized equipment and facilities, including nuclear
reactors, and to approve it only from the view- point of assuring that it will
not further any military purpose, that it complies with applicable health and
safety standards, and that it will permit effective application of the
safeguards provided for in this article;
2.
To require the observance of any health and safety measures prescribed by the
Agency;
3.
To require the maintenance and production of operating records to assist in
ensuring accountability for source and special fissionable materials used or
produced in the project or arrangement;
4.
To call for and receive progress reports;
5.
To approve the means to be used for the chemical processing of irradiated
materials solely to ensure that this chemical processing will not lend itself to
diversion of materials for military purposes and will comply with applicable
health and safety standards; to require that special fissionable materials
recovered or produced as a by-product be used for peaceful purposes under
continuing Agency safeguards for research or in reactors, existing or under
construction, specified by the member or members concerned; and to require
deposit with the Agency of any excess of any special fissionable materials
recovered or produced as a by-product over what is needed for the above- stated
uses in order to prevent stockpiling of these materials, provided that
thereafter at the request of the member or members concerned special fissionable
materials so deposited with the Agency shall be returned promptly to the member
or members concerned for use under the same provisions as stated above.
6.
To send into the territory of the recipient State or States inspectors,
designated by the Agency after consultation with the State or States concerned,
who shall have access at all times to all places and data and to any person who
by reason of his occupation deals with materials, equipment, or facilities which
are required by this Statute to be safeguarded, as necessary to account for
source and special fissionable materials supplied and fissionable products and
to determine whether there is compliance with the undertaking against use in
furtherance of any military purpose referred to in sub- paragraph F-4 of article
Xl, with the health and safety measures referred to in sub- paragraph A-2 of
this article, and with any other conditions prescribed in the agreement between
the Agency and the State or States concerned. Inspectors designated by the
Agency shall be accompanied by representatives of the authorities of the State
concerned, if that State so requests, provided that the inspectors shall not
thereby be delayed or otherwise impeded in the exercise of their functions;
7.
In the event of non- compliance and failure by the recipient State or States to
take requested corrective steps within a reasonable time, to suspend or
terminate assistance and withdraw any materials and equipment made available by
the Agency or a member in furtherance of the project.
B.
The Agency shall, as necessary, establish a staff of inspectors. The Staff of
inspectors shall have the responsibility of examining all operations conducted
by the Agency itself to determine whether the Agency is complying with the
health and safety measures prescribed by it for application to projects subject
to its approval, supervision or control, and whether the Agency is taking
adequate measures to prevent the source and special fissionable materials in its
custody or used or produced in its own operations from being used in furtherance
of any military purpose. The Agency shall take remedial action forthwith to
correct any non- compliance or failure to take adequate measures.
C.
The staff of inspectors shall also have the responsibility of obtaining and
verifying the accounting referred to in sub paragraph A-6 of this article and of
determining whether there is compliance with the undertaking referred to in sub
paragraph F-4 of article XI, with the measures referred to in sub- paragraph A-2
of this article, and with all other conditions of the project prescribed in the
agreement between the Agency and the State or States concerned. The inspectors
shall report any non-compliance to the Director General who shall thereupon
transmit the report to the Board of Governors. The Board shall call upon the
recipient State or States to remedy forthwith any non-compliance which it finds
to have occurred. The Board shall report the non-compliance to all members and
to the Security Council and General Assembly of the United Nations. In the event
of failure of the recipient State or States to take fully corrective action
within a reasonable time, the Board may take one or both of the following
measures: direct curtailment or suspension of assistance being provided by the
Agency or by a member, and call for the return of materials and equipment made
available to the recipient member or group of members. The Agency may also, in
accordance with article XIX, suspend any non- complying member from the exercise
of the privileges and rights of membership.
ARTICLE
XIII: Reimbursement of members
Unless
otherwise agreed upon between the Board of Governors and the member furnishing
to the Agency materials, services, equipment, or facilities, the Board shall
enter into an agreement with such member providing for reimbursement for the
items furnished.
ARTICLE
XIV: Finance
A.
The Board of Governors shall submit to the General Conference the annual budget
estimates for the expenses of the Agency. To facilitate the work of the Board in
this regard, the Director General shall initially prepare the budget estimates.
If the General Conference does not approve the estimates, it shall return them
together with its recommendations to the Board. The Board shall then submit
further estimates to the General Conference for its approval.
B.
Expenditures of the Agency shall be classified under the following categories:
1.
Administrative expenses: these shall include:
(a)
Costs of the staff of the Agency other than the staff employed in connection
with materials, services, equipment, and facilities referred to in sub paragraph
B-2 below; costs of meetings; and expenditures required for the preparation of
Agency projects and for the distribution of information;
(b)
Costs of implementing the safeguards referred to in article XII in relation to
Agency projects or, under sub- paragraph A-5 of article III, in relation to any
bilateral or multilateral arrangement, together with the costs of handling and
storage of special fissionable material by the Agency other than the storage and
handling charges referred to in paragraph E below;
2.
Expenses, other than those included in sub-paragraph 1 of this paragraph, in
connection with any materials, facilities, plant, and equipment acquired or
established by the Agency in carrying out its authorized functions, and the
costs of materials, services, equipment, and facilities provided by it under
agreements with one or more members.
C.
In fixing the expenditures under sub-paragraph B-l (b) above, the Board of
Governors shall deduct such amounts as are recoverable under agreements
regarding the application of safeguards between the Agency and parties to
bilateral or multilateral arrangements.
D.
The Board of Governors shall apportion the expenses referred to in sub-
paragraph B-1 above, among members in accordance with a scale to be fixed by the
General Conference. In fixing the scale the General Conference shall be guided
by the principles adopted by the United Nations in assessing contributions of
Member States to the regular budget of the United Nations.
E.
The Board of Governors shall establish periodically a scale of charges,
including reasonable uniform storage and handling charges, for materials,
services, equipment, and facilities furnished to members by the Agency. The
scale shall be designed to produce revenues for the Agency adequate to meet the
expenses and costs referred to in sub paragraph B-2 above, less any voluntary
contributions which the Board of Governors may, in accordance with paragraph F,
apply for this purpose. The proceeds of such charges shall be placed in a
separate fund which shall be used to pay members for any materials, services,
equipment, or facilities furnished by them and to meet other expenses referred
to in sub- paragraph B- 2 above which may be incurred by the Agency itself
F.
Any excess of revenues referred to in paragraph E over the expenses and costs
there referred to, and any voluntary contributions to the Agency, shall be
placed in a general fund which may be used as the Board of Governors, with the
approval of the General Conference, may determine.
G.
Subject to rules and limitations approved by the General Conference, the Board
of Governors shall have the authority to exercise borrowing powers on behalf of
the Agency without, however, imposing on members of the Agency any liability in
respect of loans entered into pursuant to this authority, and to accept
voluntary contributions made to the Agency.
H.
Decisions of the General Conference on financial questions and of the Board of
Governors on the amount of the Agency's budget shall require a two- thirds
majority of those present and voting.
ARTICLE
XV: Privileges and immunities
A.
The Agency shall enjoy in the territory of each member such legal capacity and
such privileges and immunities as are necessary for the exercise of its
functions.
B.
Delegates of members together with their alternates and advisers, Governors
appointed to the Board together with their alternates and advisers, and the
Director General and the staff of the Agency, shall enjoy such privileges and
immunities as are necessary in the independent exercise of their functions in
connection with the Agency.
C.
The legal capacity, privileges, and immunities referred to in this article shall
be defined in a separate agreement or agreements between the Agency, represented
for this purpose by the Director General acting under instructions of the Board
of Governors. and the members.
ARTICLE
XVI: Relationship with other organizations
A.
The Board of Governors, with the approval of the General Conference, is
authorized to enter into an agreement or agreements establishing an appropriate
relationship between the Agency and the United Nations and any other organi
zations the work of which is related to that of the Agency.
B.
The agreement or agreements establishing the relationship of the Agency and the
United Nations shall provide for:
1.
Submission by the Agency of reports as provided for in sub-paragraphs B- 4 and
B- 5 of article III;
2.
Consideration by the Agency of resolutions relating to it adopted by the General
Assembly or any of the Councils of the United Nations and the submission of
reports, when requested, to the appropriate organ of the United Nations on the
action taken by the Agency or by its members in accordance with this Statute as
a result of such consideration.
ARTICLE
XVII: Settlement of disputes
A.
Any question or dispute concerning the interpretation or application of this
Statute which is not settled by negotiation shall be referred to the
International Court of Justice in conformity with the Statute of the Court,
unless the parties concerned agree on another mode of settlement.
B.
The General Conference and the Board of Governors are separately empowered,
subject to authorization from the General Assembly of the United Nations, to
request the International Court of Justice to give an advisory opinion on any
legal question arising within the scope of the Agency's activities .
ARTICLE
XVIII: Amendments and withdrawals
A.
Amendments to this Statute may be proposed by any member. Certified copies of
the text of any amendment proposed shall be prepared by the Director General and
communicated by him to all members at least ninety days in advance of its
consideration by the General Conference.
B.
At the fifth annual session of the General Conference following the coming into
force of this Statute, the question of a general review of the provisions of
this Statute shall be placed on the agenda of that session. On approval by a
majority of the members present and voting, the review will take place at the
following General Conference. Thereafter, proposals on the question of a general
review of this Statute may be submitted for decision by the General Conference
under the same procedure.
C.
Amendments shall come into force for all members when:
(i)
Approved by the General Conference by a two-thirds majority of those present and
voting after consideration of observations submitted by the Board of Governors
on each proposed amendment, and
(ii)
Accepted by two-thirds of all the members in accordance with their respective
constitutional processes. Acceptance by a member shall be effected by the
deposit of an instrument of acceptance with the depositary Government referred
to in paragraph C of article XXI.
D.
At any time after five years from the date when this Statute shall take effect
in accordance with paragraph E of article XXI or whenever a member is unwilling
to accept an amendment to this Statute, it may withdraw from the Agency by
notice in writing to that effect given to the depositary Government referred to
in paragraph C of article XXI, which shall promptly inform the Board of
Governors and all members.
E.
Withdrawal by a member from the Agency shall not affect its contractual
obligations entered into pursuant to article XI or its budgetary obligations for
the year in which it withdraws.
ARTICLE
XIX: Suspension of privileges
A.
A member of the Agency which is in arrears in the payment of its financial
contributions to the Agency shall have no vote in the Agency if the amount of
its arrears equals or exceeds the amount of the contributions due from it for
the preceding two years. The General Conference may, nevertheless, permit such a
member to vote if it is satisfied that the failure to pay is due to conditions
beyond the control of the member.
B.
A member which has persistently violated the provisions of this Statute or of
any agreement entered into by it pursuant to this Statute may be suspended from
the exercise of the privileges and rights of membership by the General
Conference acting by a two- thirds majority of the members present and voting
upon recommendation by the Board of Governors.
ARTICLE
XX: Definitions
As
used in this Statute:
1.
The term "special fissionable material" means plutonium-239; uranium-
233; uranium enriched in the isotopes 235 or 233; any material containing one or
more of the foregoing; and such other fissionable material as the Board of
Governors shall from time to time deter mine; but the term "special
fissionable material" does not include source material.
2.
The term "uranium enriched in the isotopes 235 or 233" means uranium
containing the isotopes 235 or 233 or both in an amount such that the abundance
ratio of the sum of these isotopes to the isotope 238 is greater than the ratio
of the isotope 235 to the isotope 238 occurring in nature .
3
. The term "source material" means uranium containing the mixture of
isotopes occurring in nature; uranium depleted in the isotope 235; thorium; any
of the foregoing in the form of metal, alloy, chemical compound, or concentrate;
any other material containing one or more of the foregoing in such concentration
as the Board of Governors shall from time to time determine; and such other
material as the Board of Governors shall from time to time determine.
ARTICLE
XXI: Signature, acceptance, and entry into force
A.
This Statute shall be open for signature on 26 October 1956 by all States
Members of the United Nations or of any of the specialized agencies and shall
remain open for signature by those States for a period of ninety days.
B.
The signatory States shall become parties to this Statute by deposit of an
instrument of ratification.
C.
Instruments of ratification by signatory States and instruments of acceptance by
States whose membership has been approved under paragraph B of article IV of
this Statute shall be deposited with the Government of the
D.
Ratification or acceptance of this Statute shall be effected by States in
accordance with their respective constitutional processes.
E.
This Statute, apart from the Annex, shall come into force when eighteen States
have deposited instruments of ratification in accordance with paragraph B of
this article, provided that such eighteen States shall include at least three of
the following States: Canada, France, the Union of Soviet Socialist Republics,
the United Kingdom of Great Britain and Northern Ireland, and the United States
of America. Instruments of ratification and instruments of acceptance deposited
thereafter shall take effect on the date of their receipt.
F.
The depositary Government shall promptly inform all States signatory to this
Statute of the date of each deposit of ratification and the date of entry into
force of the Statute. The depositary Government shall promptly inform all
signatories and members of the dates on which States subsequently become parties
thereto.
G.
The Annex to this Statute shall come into force on the first day this Statute is
open for signature.
ARTICLE
XXII: Registration with the United Nations
A.
This Statute shall be registered by the depositary Government pursuant to
Article 102 of the Charter of the United Nations.
B.
Agreements between the Agency and any member or members, agreements between the
Agency and any other organization or organizations, and agreements between
members subject to approval of the Agency, shall be registered with the Agency.
Such agreements shall be registered by the Agency with the United Nations if
registration is required under Article 102 of the Charter of the United Nations.
ARTICLE
XXIII: Authentic texls and certified copies
This
Statute, done in the Chinese, English, French, Russian and Spanish languages,
each being equally authentic, shall be deposited in the archives of the
depositary Government. Duly certified copies of this Statute shall be
transmitted by the depositary Government to the Governments of the other
signatory States and to the Governments of States admitted to membership under
paragraph B of article IV.
In
witness whereof the undersigned, duly authorized, have signed this Statute.
DONE
at the Headquarters of the United Nations, this twenty- sixth day of October,
one thousand nine hundred and fifty-six.
ANNEX: PREPARATORY COMMISSION
A.
A Preparatory Commission shall come into existence on the first day this Statute
is open for signature. It shall be composed of one representative each of
Australia, Belgium, Brazil, Canada, Czechoslovakia, France, India, Portugal,
Union of South Africa, Union of Soviet Socialist Republics, United Kingdom of
Great Britain and Northern Ireland, and United States of America, and one
representative each of six other States to be chosen by the International
Conference on the Statute of the International Atomic Energy Agency. The
Preparatory Commission shall remain in existence until this Statute comes into
force and thereafter until the General Conference has convened and a Board of
Governors has been selected in accordance with article VI.
B.
The expenses of the Preparatory Commission may be met by a loan provided by the
United Nations and for this purpose the Preparatory Commission shall make the
necessary arrangements with the appropriate authorities of the United Nations,
including arrangements for repayment of the loan by the Agency. Should these -
funds be insufficient, the Preparatory Commission may accept advances from
Governments. Such advances may be set off against the contributions of the
Governments concerned to the Agency.
C.
The Preparatory Commission shall:
1.
Elect its own officers, adopt its own rules of procedure, meet as often as
necessary, determine its own place of meeting and establish such committees as
it deems necessary;
2.
Appoint an executive secretary and staff as shall be necessary, who shall
exercise such powers and perform such duties as the Commission may determine;
3.
Make arrangements for the first session of the General Conference, including the
preparation of a provisional agenda and draft rules of procedure, such session
to be held as soon as possible after the entry into force of this Statute;
4.
Make designations for membership on the first Board of Governors in accordance
with sub- paragraphs A- l and A- 2 and paragraph B of article VI;
5.
Make studies, reports, and recommendations for the first session of the General
Conference and for the first meeting of the Board of Governors on subjects of
concern to the Agency requiring immediate attention, including (a) the financing
of the Agency; (b) the programmes and budget for the first year of the Agency;
(c) technical problems relevant to advance planning of Agency operations; (d)
the establishment of a permanent Agency staff; and (e) the location of the
permanent headquarters of the Agency;
6.
Make recommendations for the first meeting of the Board of Governors concerning
the provisions of a headquarters agreement defining the status of the Agency and
the rights and obligations which will exist in the relationship between the
Agency and the host Government;
7.
(a) Enter into negotiations with the United Nations with a view to the
preparation of a draft agreement in accordance with article XVI of this Statute,
such draft agreement to be submitted to the first session of the General
Conference and to the first meeting of the Board of Governors; and
(b)
make recommendations to the first session of the Conference and to the first
meeting of the Board of Governors concerning the relationship of the Agency to
other international organizations as contemplated in article XVI of this
Statute.