NUCLEAR NON-PROLIFERATION TREATY
2004 NPT Preparatory Committee Meeting
New York, 26 April - 7 May 2004
1958 US-UK Mutual Defence Agreement
Source: To date, the British government has also
declined to provide Non-Governmental Organisations with an official
version of the current text of the 1958 Agreement, as amended. In
order to enable greater scrutiny of this important Agreement we
have therefore compiled an up to date version of the text of the
Agreement, as amended, from publicly available sources in the United
States.
See also: Time to put
Article I under the Spotlight, BASIC NPT Briefing, April 2004
AGREEMENT BETWEEN THE GOVERNMENT OF THE UNITED
STATES OF AMERICA AND THE GOVERNMENT OF THE UNITED KINGDOM OF GREAT
BRITAIN AND NORTHERN IRELAND FOR COOPERATION ON THE USES OF ATOMIC
ENERGY FOR MUTUAL DEFENSE PURPOSES, AS AMENDED
AS AMENDED, 23rd day of May, 1994
Original Agreement signed, Washington, July 3, 1958
The Government of the United States of America and the Government
of the United Kingdom of Great Britain and Northern Ireland,
Considering that their mutual security and defense require that
they be prepared to meet the contingencies of atomic warfare;
Considering that both countries have made substantial progress
in the development of atomic weapons;
Considering that they are participating together in international
arrangements pursuant to which they are making substantial and material
contributions to their mutual defense and security;
Recognizing that their common defense and security will be advanced
by the exchange of information concerning atomic energy and by the
transfer of equipment and materials for use therein;
Believing that such exchange and transfer can be undertaken without
risk to the defense and security of either country; and
Taking into consideration the United States Atomic Energy Act of
1954, as amended, which was enacted with these purposes in mind,
Have agreed as follows:
ARTICLE I
GENERAL PROVISION
While the United States and the United Kingdom are participating
in an international arrangement for their mutual defense and security
and making substantial and material contributions thereto, each
Party will communicate to and exchange with the other Party information,
and transfer materials and equipment to the other Party, in accordance
with the provisions of this Agreement provided that the communicating
or transferring Party determines that such cooperation will promote
and will not constitute an unreasonable risk to its defense and
security.
ARTICLE II
EXCHANGE OF INFORMATION
A. Each Party will communicate to or exchange with the other Party
such classified information, sensitive nuclear technology, and controlled
nuclear information as is jointly determined to be necessary to:
1. the development of defense plans;
2. the training of personnel in the employment of and defense against
atomic weapons and other military applications of atomic energy;
3. the evaluation of the capabilities of potential enemies in the
employment of atomic weapons and other military applications of
atomic energy;
4. the development of delivery systems compatible with the atomic
weapons which they carry; and
5. research, development and design of military reactors to the
extent and by such means as may be agreed.
B. In addition to the cooperation provided for in paragraph A of
this Article, each Party will exchange with the other Party other
classified information concerning atomic weapons, sensitive nuclear
technology, and controlled nuclear information, including special
nuclear materials properties and production or processing technology,
when, after consultation with the other Party, the communicating
Party determines that the communication of such information is necessary
to improve the recipient's atomic weapon design, development and
fabrication capability.
ARTICLE III
TRANSFER OF SUBMARINE NUCLEAR PROPULSION PLANT AND MATERIALS
A. The Government of the United States will authorize, subject
to terms and conditions acceptable to the Government of the United
States, a person to transfer by sale to the Government of the United
Kingdom or its agent one complete submarine nuclear propulsion plant
with such spare parts therefor as may be agreed by the Parties and
to communicate to the Government of the United Kingdom or its agent
(or to both) such classified information as relates to safety features
and such classified information as is necessary for the design,
manufacture and operation of such propulsion plant. A person or
persons will also be authorized, for a period of ten years following
the date of entry into force of this Agreement and subject to terms
and conditions acceptable to the Government of the United States,
to transfer replacement cores or fuel elements for such plant.
B. The Government of the United States will transfer by sale agreed
amounts of U-235 contained in uranium enriched in the isotope U-235
as needed for use in the submarine nuclear propulsion plant transferred
pursuant to paragraph A of this Article, during the ten years following
the date of entry into force of this Agreement on such terms and
conditions as may be agreed. If the Government of the United Kingdom
so requests, the Government of the United States will during such
period reprocess any material sold under the present paragraph in
facilities of the Government of the United States, on terms and
conditions to be agreed, or authorize such reprocessing in private
facilities in the United States. Enriched uranium recovered in reprocessing
such materials by either Party may be purchased by the Government
of the United States under terms and conditions to be agreed. Special
nuclear material recovered in reprocessing such materials and not
purchased by the Government of the United States may be returned
to or retained by the Government of the United Kingdom and any U-235
not purchased by the Government of the United States will be credited
to the amounts of U-235 to be transferred by the Government of the
United States under this Agreement.
C. The Government of the United States shall be compensated for
enriched uranium sold by it pursuant to this Article at the United
States Atomic Energy Commission's published charges applicable to
the domestic distribution of such material in effect at the time
of the sale. Any purchase of enriched uranium by the Government
of the United States pursuant to this Article shall be at the applicable
price of the United States Atomic Energy Commission for the purchase
of enriched uranium in effect at the time of purchase of such enriched
uranium.
D. The Parties will exchange classified information on methods
of reprocessing fuel elements of the type utilized in the propulsion
plant to be transferred under this Article, including classified
information on the design, construction and operation of facilities
for the reprocessing of such fuel elements.
E. The Government of the United Kingdom shall indemnify and hold
harmless the Government of the United States against any and all
liabilities whatsoever (including third-party liability) for any
damage or injury occurring after the propulsion plant or parts thereof,
including spare parts, replacement cores or fuel elements are taken
outside the United States, for any cause arising out of or connected
with the design, manufacture, assembly, transfer or utilization
of the propulsion plant, spare parts, replacement cores or fuel
elements transferred pursuant to paragraph A of this Article.
ARTICLE III bis
TRANSFER OF MATERIALS AND EQUIPMENT
A. The Government of the United States shall transfer to the Government
of the United Kingdom the following in such quantities, at such
times prior to December 31, 2004, and on such terms and conditions
as may be agreed:
1. non-nuclear parts of atomic weapons which parts are for the
purpose of improving the United Kingdom's state of training and
operational readiness;
2. other non-nuclear parts of atomic weapons systems involving
Restricted Data which parts are for the purpose of improving the
United Kingdom's state of training and operational readiness when
in accordance with appropriate requirements of applicable laws;
3. source, by-product and special nuclear material, and other material,
for research on, development of, or use in atomic weapons when,
after consultation with the Government of the United Kingdom, the
Government of the United States determines that the transfer of
such material is necessary to improve the United Kingdom's atomic
weapon design, development or fabrication capability.
B. The Government of the United States shall transfer to the Government
of the United Kingdom special nuclear material, and authorize the
transfer of other material, for research on, development of, production
of, or use in utilization facilities for military applications,
in such quantities, at such times prior to December 31, 2004, and
on such terms and conditions as may be agreed.
C. The Government of the United States shall transfer enriched
uranium, and shall arrange enrichment and other uranium services
for the Government of the United Kingdom, for military purposes,
in such quantities, at such times prior to December 31, 2004, and
on such terms and conditions as may be agreed.
D. The Government of the United Kingdom shall transfer to the Government
of the United States for military purposes such source, by-product
and special nuclear material, and equipment of such types, in such
quantities, at such times prior to December 31, 2004, and on such
terms and conditions as may be agreed.
E. 1. With respect to by-product material, special nuclear material
and other material transferred from one Party to the other under
this Article, the recipient Party agrees not to use any such material
for purposes other than those for which it was received, provided
that material which has lost its identity as a result of commingling
with other material of the recipient Party may be put to other uses
if the recipient Party retains an equivalent amount of its own material
for the purpose for which the other Party's material was received.
2. For material or equipment transferred from one Party to the
other Party, the recipient Party shall pay or reimburse, as may
be agreed, all packaging, transportation and related costs. Packaging,
shipping containers and methods of shipment shall be as may be agreed.
3. Should either Party desire to acquire materials or components
for use in the manufacture or in preparation for manufacture of
atomic weapons from any source within the jurisdiction of the other
Party, the procuring Party shall inform the other Party of the proposed
procurement in order that such other Party may determine whether
the proposed procurement involves classified information and if
so whether the proposed procurement is in compliance with its applicable
laws and regulations.
ARTICLE IV
RESPONSIBILITY FOR USE OF INFORMATION, MATERIAL, EQUIPMENT AND
DEVICES
The application or use of any information (including design drawings
and specifications), material or equipment communicated, exchanged
or transferred under this Agreement shall be the responsibility
of the Party receiving it, and the other Party does not provide
any indemnity, and does not warrant the accuracy or completeness
of such information and does not warrant the suitability or completeness
of such information, material or equipment for any particular use
or application.
ARTICLE V
CONDITIONS
A. Cooperation under this Agreement will be carried out by each
of the Parties in accordance with its applicable laws.
B. Under this Agreement there will be no transfer by either Party
of atomic weapons.
C. Except where specifically authorized by this Agreement or, as
may be agreed for civil uses, the recipient Party agrees not to
use the information communicated or exchanged, or the materials
or equipment transferred, by either Party pursuant to this Agreement
for other than the preparation or implementation of defense plans
in the mutual interests of the two countries.
D. Nothing in this Agreement shall preclude the communication or
exchange of classified information, sensitive nuclear technology,
or controlled nuclear information, which may be transmissible under
other arrangements between the Parties.
ARTICLE VI
GUARANTIES
A. Classified information, materials and equipment communicated
or transferred pursuant to this Agreement shall be accorded full
security protection under applicable security arrangements between
the Parties and applicable national legislation and regulations
of the Parties. In no case shall either Party maintain security
standards for safeguarding classified information, materials or
equipment made available pursuant to this Agreement less restrictive
than those set forth in the applicable security arrangements in
effect on the date this Agreement comes into force.
B. Sensitive nuclear technology and controlled nuclear information
transferred pursuant to this Agreement shall be accorded at least
the same level of protection by the recipient party as that accorded
to such information by the transferring Party. The Parties shall
consult with each other regarding the appropriate protections for
such information.
C. Adequate physical security shall be maintained with respect
to any source material, special nuclear material and equipment transferred
pursuant to the Agreement, and with respect to any special nuclear
material used in or produced through the use of any material or
reactor so transferred. Such protection shall be commensurate with
the importance of the material or equipment involved.
D. Classified information, sensitive nuclear technology, and controlled
nuclear information, communicated or exchanged pursuant to this
Agreement will be made available through channels existing or hereafter
agreed for the communication or exchange of such information between
the Parties.
E. Classified information, sensitive nuclear technology, and controlled
nuclear information, communicated or exchanged, and any materials
or equipment transferred, pursuant to this Agreement shall not be
communicated, exchanged or transferred by the recipient Party or
persons under its jurisdiction to any unauthorized persons, or,
except as provided in Article VII of this Agreement, beyond the
jurisdiction of that Party. Each Party may stipulate the degree
to which any of the information, materials or equipment communicated,
exchanged or transferred by it or persons under its jurisdiction
pursuant to this Agreement may be disseminated or distributed; may
specify the categories of persons who may have access to such information,
materials or equipment; and may impose such other restrictions on
the dissemination or distribution of such information, materials
or equipment as it deems necessary.
F. Adequate materials control and accountability shall be maintained
with respect to any nuclear material (including source material
and special nuclear material) transferred pursuant to the Agreement,
and with respect to any nuclear material used in or produced through
the use of any nuclear material or equipment transferred pursuant
to the Agreement. Each Party guarantees adequate materials control
and accountancy shall be maintained so long as such nuclear material
or equipment remains under its jurisdiction or control. As may be
mutually agreed, the Parties shall consult with each other regarding
methods and technology for providing such materials control and
accountability.
ARTICLE VII
DISSEMINATION
Nothing in this Agreement shall be interpreted or shall operate
as a bar or restriction to consultation or cooperation in any field
of defense by either Party with other nations or international organizations.
Neither Party, however, shall communicate classified information,
sensitive nuclear technology, and controlled nuclear information,
or transfer or permit access to or use of materials, or equipment,
made available by the other Party pursuant to this Agreement to
any nation or international organization unless:
A. it is notified by the other Party that all appropriate provisions
and requirements of such other Party's applicable laws, including
authorization by competent bodies of such other Party, have been
complied with as necessary to authorize such other Party directly
so to communicate to, transfer to or permit access to or use by
such other nation or international organization; and further that
such other Party authorizes the recipient Party so to communicate
to, transfer to or permit access to or use by such other nation
or international organization; or
B. in the case of communication of classified information, sensitive
nuclear technology, and controlled nuclear information, and access
to materials or equipment, such other Party has informed the recipient
Party that such other Party has so communicated such classified
information to, or permitted access to such materials or equipment
by, such other nation or international organization; or
C. in the case of material which has lost its identity as a result
of commingling with other material of the recipient Party, the recipient
Party retains an amount under its jurisdiction equivalent to that
made available to it by the other Party under this Agreement.
ARTICLE VIII
CLASSIFICATION POLICIES
Agreed classification policies shall be maintained with respect
to all classified information, materials or equipment communicated,
exchanged or transferred under this Agreement. The Parties intend
to continue the present practice of consultation with each other
on the classification of these matters.
ARTICLE IX
PATENTS
A. With respect to any invention or discovery employing classified
information which has been communicated or exchanged pursuant to
Article II or derived from the submarine propulsion plant, material
or equipment transferred pursuant to Articles III or III bis, and
made or conceived by the recipient Party, or any agency or corporation
owned or controlled thereby, or any of their agents or contractors,
or any employee of any of the foregoing, after the date of such
communication, exchange or transfer but during the period of this
Agreement:
1. in the case of any such invention or discovery in which rights
are owned by the recipient Party, or any agency or corporation owned
or controlled thereby, and not included in subparagraph 2 of this
paragraph, the recipient Party shall, to the extent owned by any
of them:
(a) transfer and assign to the other Party all right, title and
interest in and to the invention or discovery, or patent application
or patent thereon, in the country of that other Party, subject to
the retention of a royalty-free, non-exclusive, irrevocable license
for the governmental purposes of the recipient Party and for the
purposes of mutual defense; and
(b) grant to the other Party a royalty-free, non-exclusive, irrevocable
license for the governmental purposes of that other Party and for
purposes of mutual defense in the country of the recipient Party
and third countries, including use in the production of material
in such countries for sale to the recipient Party by a contractor
of that other Party;
2. in the case of any such invention or discovery which is primarily
useful in the production or utilization of special nuclear material
or atomic energy and made or conceived prior to the time that the
information it employs is made available for civil uses, the recipient
Party shall:
(a) obtain, by appropriate means, sufficient right, title and interest
in and to the invention or discovery, or patent application or patent
thereon, as may be necessary to fulfill its obligations under the
following two subparagraphs:
(b) transfer and assign to the other Party all right, title and
interest in and to the invention or discovery, or patent application
or patent thereon, in the country of that other Party, subject to
the retention of a royalty-free, non-exclusive, irrevocable license,
with the right to grant sublicenses, for all purposes; and
(c) grant to the other Party a royalty-free, non-exclusive, irrevocable
license, with the right to grant sublicenses, for all purposes in
the country of the recipient Party and in third countries.
B. 1. Each Party shall, to the extent owned by it, or any agency
or corporation owned or controlled thereby, grant to the other Party
a royalty-free, non-exclusive, irrevocable license to manufacture
and use the subject matter covered by any patent and incorporated
in the submarine propulsion plant, spare parts or equipment transferred
pursuant to paragraph A of Article III or paragraphs A, B, C or
D of Article III bis for use by the licensed Party for the purposes
set forth in paragraph C of Article V.
2. The transferring Party neither warrants nor represents that
the submarine propulsion plant or any material or equipment transferred
under Articles III or III bis does not infringe any patent owned
or controlled by other persons and assumes no liability or obligation
with respect thereto, and the recipient Party agrees to indemnify
and hold harmless the transferring Party from any and all liability
arising out of any infringement of any such patent.
C. With respect to any invention or discovery, or patent application
or patent thereon, or license or sublicense therein, covered by
paragraph A of this Article, each Party:
1. may, to the extent of its right, title and interest therein,
deal with the same in its own and third countries as it may desire,
but shall in no event discriminate against citizens of the other
Party in respect of granting any license or sublicense under the
patents owned by it in its own or any other country;
2. hereby waives any and all claims against the other Party for
compensation, royalty or award, and hereby releases the other Party
with respect to any and all such claims.
D. 1. No patent application with respect to any classified invention
or discovery employing classified information which has been communicated
or exchanged pursuant to Article II, or derived from the submarine
propulsion plant, material or equipment transferred pursuant to
Articles III or III bis, may be filed:
(a) by either Party or any person in the country of the other Party
except in accordance with agreed conditions and procedures; or
(b) in any country not a party to this Agreement except as may
be agreed and subject to Articles VI and VII.
2. Appropriate secrecy or prohibition orders shall be issued for
the purpose of giving effect to this paragraph.
ARTICLE X
PREVIOUS AGREEMENTS FOR COOPERATION
Effective from the date on which the present Agreement enters into
force, the cooperation between the Parties being carried out under
or envisaged by the Agreement for Cooperation Regarding Atomic Information
for Mutual Defense Purposes, which was signed at Washington on June
15, 1955, and by paragraph B of Article I bis of the Agreement for
Cooperation on Civil Uses of Atomic Energy, which was signed at
Washington on June 15, 1955, as amended by the Amendment signed
at Washington on June 13, 1956, shall be carried out in accordance
with the provisions of the present Agreement.
ARTICLE XI
DEFINITIONS
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. "Classified information" means information, data, materials,
services or any other matter with the security designation of United
Kingdom 'Restricted' or United States Confidential or higher applied
under the legislation or regulations of either the United States
or the United Kingdom, including that designated by the Government
of the United States as "Restricted Data" or "Formerly Restricted
Data" and that designated by the Government of the United Kingdom
as "ATOMIC".
C. "Sensitive nuclear technology" means any information (including
information incorporated in a production or utilization facility
or important component part thereof) which is not available to the
public and which is important to the design, construction, fabrication,
operation or maintenance of a uranium enrichment or nuclear fuel
reprocessing facility or a facility for the production of heavy
water, but shall not include information designated as Restricted
Data by the Government of the United States."
D. "Controlled nuclear information" means information protected
by the Government of the United States from unauthorized dissemination
pursuant to sections 57.b. or 148 of the United States Atomic Energy
Act of 1954, as amended.
E. "Equipment" 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, and includes submarine nuclear propulsion plant, reactor
and military reactor. 'Equipment' also includes non-nuclear parts
of atomic weapons and other non-nuclear parts of atomic weapons
systems involving Restricted Data.
F. "Military reactor" means a reactor for the propulsion of naval
vessels, aircraft or land vehicles and military package power reactors.
G. "Person" means:
1. any individual, corporation, partnership, firm, association,
trust, estate, public or private institution, group, government
agency or government corporation other than the Department of Energy
and the Ministry of Defence; and
2. any legal successor, representative, agent or agency of the
foregoing.
H. "Reactor" means an apparatus, other than an atomic weapon, in
which a self-supporting fission chain reaction is maintained and
controlled by utilizing uranium, plutonium or thorium, or any combination
of uranium, plutonium or thorium.
I. "Submarine nuclear propulsion plant" means a propulsion plant
and includes the reactor, and such control, primary, auxiliary,
steam and electric systems as may be necessary for propulsion of
submarines.
J. "Non-nuclear parts of atomic weapons" means parts of atomic
weapons which are specially designed for them and are not in general
use in other end products and which are not made, in whole or in
part, of special nuclear material; and 'other non-nuclear parts
of atomic weapons systems involving Restricted Data' means parts
of atomic weapons systems, other than non-nuclear parts of atomic
weapons, which contain or reveal atomic information and which are
not made, in whole or in part, of special nuclear material.
K. "Atomic information" means information designated 'Restricted
Data' or 'Formerly Restricted Data' by the Government of the United
States and information designated 'ATOMIC' by the Government of
the United Kingdom.
ARTICLE XII
DURATION
This Agreement shall enter into force [n1] on the date on which
each Government shall have received from the other Government written
notification that it has complied with all statutory and constitutional
requirements for the entry into force of this Agreement, and shall
remain in force until terminated by agreement of both Parties, except
that, if not so terminated, Article II may be terminated by agreement
of both Parties, or by either Party on one year's notice to the
other Party.
Notes
n1 Aug. 4, 1958.
IN WITNESS WHEREOF, the undersigned, duly authorized, have signed
this Agreement.
DONE at Washington this third day of July, 1958, in two original
texts.
SIGNATORIES:
FOR THE GOVERNMENT OF THE UNITED STATES OF AMERICA:
JOHN FOSTER DULLES
FOR THE GOVERNMENT OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN
IRELAND:
HOOD
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