U.S. – IAEA Caribbean Territories Agreement: Frequently Asked Questions
Why did the United States agree to the IAEA request to modify US — IAEA Caribbean Territories Agreement SQP?
In 2005, the IAEA Board of Governors agreed that all countries should amend their existing SQP (if applicable) and instructed the Secretariat to only negotiate future SQPs using the new model content. Potential proliferation issues in several countries preceding 2005 had demonstrated the need for some of the safeguards requirements that had been held in abeyance under the original SQPs to be re-instated because the IAEA had no tools to assess whether nuclear material and activities in countries with SQPs remained in peaceful use and was not being used to support non-peaceful uses. The U.S. Government is providing active support to the IAEA to encourage the remaining countries with original SQPs to modify their documents. Ten of the 23 Latin American and Caribbean countries that have SQPs have brought modified SQPs into force. Nine of the 13 countries that have not modified their SQPs are Caribbean Islands. Bringing into force a modified SQP for the U.S. Caribbean territories will strengthen the U.S. diplomatic efforts in this area.
What specific entities will be subject to reporting, and what specific entities will be subject to inspection? What about non-licensees who possess exempt quantities/concentrations?
All entities who possess any quantity of source or special nuclear material in the U.S. Caribbean territories who do not meet the exceptions negotiated in the subsidiary arrangements are subject to reporting and inspection.
What specific information is required to be reported (for both initial and subsequent reporting)?
The initial inventory report (using NRC Form 742C – Physical Inventory Listing) is to include all source and special nuclear material within the US Caribbean Territories (including Guantanamo Bay) material balance area (MBA). In addition, the US reports a general description of the use of the nuclear material, the user's name and address, the geographic location of use, and a general description of the procedures for nuclear material accountancy and control in the MBA. After the initial inventory report (which was submitted on August 29, 2018), all changes in inventory (imports and exports to the territories, and changes in location) will need to be reported (using NRC Form 741 – Nuclear Material Transaction Report). An annual inventory change report will be provided to the IAEA based on these inventory changes, along with an annual physical inventory listing for the entire MBA.
Are shipments of source and special nuclear materials between the continental United States and its Territories reportable as exports or imports under the IAEA safeguards agreements?
Although U.S. export laws do not consider shipments to the Caribbean Territories as exports, the IAEA regards shipments from U.S. installations outside of the Caribbean Territories to installations covered under INFCIRC/366 as imports to the territories. By the same consideration, the IAEA regards any shipment of source or special nuclear material declared under INFCIR/366 from the U.S. Caribbean Territories to any of the U.S. 50 states as an export. Therefore, any such transfers must be reported to the U.S. Nuclear Material Management and Safeguards System (NMMSS) as an import or export, as appropriate.