AMENDMENT TO AGREEMENT FOR COOPERATION BETWEEN THE GOVERNMENT OF REPUBLIC OF CHINA AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA CONCERNING CIVIL USES OF ATOMIC ENERGY-1

The Government of the Republic of China and the Government of t-he United States of America,Desiring to amend the Agreement for Cooperation between the Gov-ernment of the Republic of China and the Government of the Unit-ed States of America Concerning Civil Uses of Atomic Energy, si-gned at Washington on July 18,1955 (hereinafter referred to asthe “Agreement for Cooperation”), as amended by the Agreementssigned at Washington on December 8,1958, June 11,1960, and May 31,1962;ARTICLE ⅠArticle Ⅱ of the Agreement for Cooperation is amended as follo-ws:1 Substitute the word “transfer” for the word “lease” wherever said word appears in paragraph A.2 The following new sentence is added at the end of paragraph B: “It is understood and agreed that although the Government of the Republic of China may distribute uranium enriched in the isotope U-235 to authorized users in the Republic of China, t- he Government of the Republic of China will retain title to a- ny uranium enriched in the isotope U-235 which is purchased f- rom the Commission at least until such time as private users in the United States of America are permitted to acquire title in the United States of America to uranium enriched in the is- otope U-235”.3 Paragraph C is hereby amended to read as follows: “C. It is agreed that when any source or special nuclear mate- rial received from the United States of America requires repr- ocessing, such reprocessing shall be performed at the discret- ion of the Commission in either Commission facilities or faci- lities acceptable to the Commission, on terms and conditions to be later agreed; and it is understood, except as may be ot- herwise agreed, that the form and content of any irradiated f- uel shall not be altered after its removal from the reactor a- nd prior to delivery to the Commission or the facilities acce- ptable to the Commission for reprocessing.”4 Delete the word “lease” as said word appears in paragraph D a- nd substitute in lieu thereof the word “transfer”.5 The following new paragraphs E and F are added to Article Ⅱ; “E. Special nuclear material produced in any part of fuel lea- sed hereunder as a result of irradiation processes shall be f- or the account of the Government of the Republic of China and after reprocessing as provided in paragraph C of this Article, shall be returned to the Government of the Republic of China, at which time title to such material shall be transferred to that Government, unless the Government of the United States of America shall exercise the option, which is hereby granted, to retain, with appropriate credit to the Government of the Repu- blic of China, any such special nuclear material which is in excess of the needs of the Republic of China for such material in its program for the peaceful uses of atomic energy. ” F. With respect to any special nuclear material not subject to the option referred to in paragraph E of this Article and produced in reactors fueled with materials obtained from the United States of America which is in excess of the needs of t- he Republic of China for such material in its program for the peaceful uses of atomic energy, the Government of the United States of America shall have and is hereby granted (a) a first option to purchase such material at prices then prevailing in the United States of America for special nuclear material pro- duced in reactors which are fueled pursuant to the terms of an agreement for cooperation with the Government of the United S- tates of America, and (b) the right to approve the transfer of such material to any other nation or group of nations in the event the option to purchase is not exercised.”ARTICLE ⅡArticle Ⅵ, paragraph C, of the Agreement for Cooperation is am-ended by deleting the word “leased” and substituting in lieu th-ereof the word “transferred”.ARTICLE ⅢArticle Ⅶ (A) of the Agreement for Cooperation, as amended, isfurther amended to read as follows:”1 The Government of the Republic of China and the Government of the United States of America, recognizing the desirability of making use of the facilities and services of the Internation- al Atomic Energy Agency, agree that the Agency will be promp- tly requested to assume responsibility for applying safeguar- ds to materials and facilities subject to safeguards under t- his Agreement for Cooperation. It is contemplated that the n- ecessary arrangements will be effected without modification of this Agreement, through an agreement to be negotiated bet- ween the Parties and the Agency which may include provisions for suspension of the safeguard rights accorded the Commissi- on by Article Ⅵ, paragraph C, of this Agreement during the time and to the extent that the Agency’s safeguards apply to such materials and facilities.”2 In the event the Parties do not reach a mutually satisfactory agreement on the terms of the trilateral arrangement envisag- ed in paragraph 1 of this Article, either Party may by noti- fication terminate this Agreement. In the event of terminati- on by either Party, the Government of the Republic of China shall, at the request of the Government of the United States of America, return to the Government of the United States of America all special nuclear material received pursuant to th- is Agreement and in its possession or in the possession of p- ersons under its jurisdiction. The Government of the United States of America will compensate the Government of the Repu- blic of China for such returned material at the current Uni- ted States Commission’s schedule of prices then in effect do- mestically.”ARTICLE ⅣArticle Ⅷ of the Agreement for Cooperation, as amended, is ame-nded by deleting the date “July 17,1964” and substituting in li-eu thereof the date “July 17,1974”.ARTICLE ⅤThis Amendment shall enter into force on the date on which eachGovernment shall have received from the other Government writtennotification that it has complied with all statutory and consti-tutional requirements for the entry into force of such Amendmentand shall remain in force for the period of the Agreement for C-ooperation, as amended.IN WITNESS WHEREOF, the undersigned, duly authorized, have sign-ed this Amendment.DONE at Washington, in duplicate, this eighth day of June 1964.For the Government of the Republic of China:(Signed)Tingfu F. TsiangFor the Government of the United States of America:(Signed)Marshall GreenGlenn T. Seaborg