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AGREEMENT CONSTITUTING AN AMENDMENT TO THE AGREEMENT BETWEEN THE REPUBLIC OF THE PHILIPPINES AND THE UNITED STATES OF AMERICA FOR COOPERATION CONCERNING THE CIVIL USES OF ATOMIC ENERGY

  The Government of the United States of America and the Government of the Republic of the Philippines,

Desiring to amend the Agreement for Cooperation between the Government of the United States of America and the Government of the Republic of the Philippines Concerning Civil Uses of Atomic Energy, signed at Washington on July 27, 1955 (hereinafter referred to as the "Agreement for Cooperation"),

Agree as follows:

ARTICLE I

Article I of the Agreement for Cooperation is amended to read as follows:

"A. Subject to the provisions of Articles V and VII (A), the Parties hereto will exchange information in the following fields:

"1. Design, construction and operation of research reactors and their use as research, development, and engineering tools and in medical therapy.

"2. Health and safety problems related to the operation and use of research reactors.

"3. The use of radioactive isotopes in physical and biological research, medical therapy, agriculture, and industry.

"B. The application or use of any information or data of any kind whatsoever, including design drawings and specifications, exchanged under this Agreement shall be the responsibility of the Party which receives and uses such information or data, and it is understood that the other cooperating Party does not warrant the accuracy, completeness, or suitability of such information or data for any particular use or application."

ARTICLE II

Article II, paragraphs B and C of the Agreement for Cooperation are amended to read as follows:

"B. The quantity of uranium enriched in the isotope U-235 transferred by the Commission under this Article and in the custody of the Government of the Republic of the Philippines shall not at any time be in excess of six (6) kilograms of contained U-235 in uranium enriched up to a maximum of twenty per cent (2096) U-235, plus such additional quantity as, in the opinion of the Commission, is necessary to permit the efficient and continuous operation of the reactor or reactors while replaced fuel is radioactively cooling in the Philippines or while fuel is in transit, it being the intent of the Commission to make possible the maximum usefulness of the six (6) kilograms of said material.

"C. When any fuel containing U-235 leased by the Commission requires replacement, it shall be returned to the Commission and, except as may be agreed, the form and content of the irradiated fuel shall not be altered after its removal from the reactor and prior to delivery to the Commission."

ARTICLE III

The following new article is added directly under Article III of the Agreement for Cooperation:

"Article III (A)

"Materials of interest in connection with defined research projects related to the peaceful uses of atomic energy undertaken by the Government of the Republic of the Philippines, or persons under its jurisdiction, including source materials, special nuclear materials, by-product material, other radioisotopes, and stable isotopes, will be sold or otherwise transferred to the Government of the Republic of the Philippines by the Commission for research purposes in such quantities and under such terms and conditions as may be agreed when such materials are not available commercially. In no case, however, shall the quantity of special nuclear materials under the jurisdiction of the Government of the Republic of the Philippines, by reason of transfer under this Article, be, at any one time, in excess of 100 grams of contained U-235, 10 grams of U-233, 250 grams of plutonium in the form of fabricated foils and sources, and 10 grams of plutonium in other forms."

ARTICLE IV

1. Article VI, paragraphs A, B, and C of the Agreement for Cooperation are amended to read as follows:

"A. The Government of the Republic of the Philippines agrees to maintain such safeguards as are necessary to assure that the special nuclear materials received from the Commission shall be used solely for the purposes agreed in accordance with this Agreement and to assure the safekeeping of this material.

"B. The Government of the Republic of the Philippines agrees to maintain such safeguards as are necessary to assure that all other reactor materials, including equipment and devices, obtained in the United States under this Agreement by the Government of the Republic of the Philippines or authorized persons under its jurisdiction, shall be used solely for the design, construction, and operation of research reactors which the Government of the Republic of the Philippines decides to construct and operate and for research in connection therewith, except as may otherwise be agreed, and to assure the safekeeping of such materials.

"C. In regard to research reactors constructed pursuant to this Agreement the Government of the Republic of the Philippines agrees to maintain records relating to power levels of operation and burn-up of reactor fuels and to make annual reports to the Commission on these subjects. If the Commission requests, the Government of the Republic of the Philippines will permit Commission representatives to observe from time to time the condition and use of any source or special nuclear materials or other reactor materials obtained in the United States and to observe the performance of the reactor in which such materials are used."

2. The following new paragraph is added to Article VI of the Agreement for Cooperation:

"D. Some atomic energy materials which the Commission may provide in accordance with this Agreement are harmful to persons and property unless handled and used carefully. After delivery of such materials to the Government of the Republic of the Philippines, the Government of the Republic of the Philippines shall bear all responsibility, insofar as the Government of the United States of America is concerned, for the safe handling and use of such materials. With respect to any source or special nuclear materials or other reactor materials which the Commission may, pursuant to this Agreement, lease to the Government of the Republic of the Philippines or to any private individual or private organization under its jurisdiction, the Government of the Republic of the Philippines shall indemnify and save harmless the Government of the United States of America against any and all liability (including third party liability) for any cause whatsoever arising out of the production or fabrication, the ownership, the lease, and the possession and use of such source or special nuclear materials or other reactor materials after delivery by the Commission to the Government of the Republic of the Philippines or to any authorized private individual or private organization under its jurisdiction."

ARTICLE V

The following new article is added directly after Article VII of the Agreement for Cooperation:

"Article VII (A)

"The Government of the United States of America and the Government of the Republic of the Philippines affirm their common interest in making mutually satisfactory arrangements to avail themselves, as soon as practicable, of the facilities and services of the International Atomic Energy Agency and to this end the Parties will consult with each other from time to time to determine in what respects, if any, they desire to modify the provisions of this Agreement for Cooperation. In the meantime, the Parties will, in connection with the proposed exchanges of information pursuant to Article I, take into account the feasibility of utilizing the services and facilities of the International Atomic Energy Agency for such exchanges."

ARTICLE VI

Article VIII of the Agreement for Cooperation is amended by deleting the date "July 26, 1960" and substituting in lieu thereof the date "July 26, 1963".

ARTICLE VII

This Amendment shall enter into force 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 such Amendment and shall remain in force for the period of the Agreement for Cooperation.

IN WITNESS WHEREOF, the undersigned, duly authorized, have signed this Amendment.

DONE at Washington, in duplicate, this eleventh day of June, 1960.

For the Government of the United States of America

J. Graham PARSONS
John A. McCONE

For the Government of the Republic of the Philippines

Carlos P. ROMULO