A Review of IAEA Safeguards Agreements within the United States

This paper describes, in detail, the major international safeguards agreements in force between the International Atomic Energy Agency (IAEA) and the United States of America (U.S.) which impact NRC licensees: the Agreement Between the United States of America and the Agency for the Application of Safeguards in the United States of America (U.S. – IAEA Safeguards Agreement), the Protocol to the U.S. – IAEA Safeguards Agreement (the Initial or Reporting Protocol), and the Protocol Additional to the Agreement between the United States of America and the International Atomic Energy Agency for the Application of Safeguards in the United States of America (U.S. Additional Protocol or U.S. AP). The requirements of these agreements and protocols are incorporated into NRC regulations, specifically Title 10 of the Code of Federal Regulations, Part 75 and include reporting and IAEA access requirements for NRC and NRC Agreement State licensed facilities. However, licensees are often uncertain where the various requirements originate and why certain requirements are in place. This paper discusses the three principal agreements and protocols between the United States and the IAEA, the fundamental differences between the agreements and protocols, and how the agreements and protocols work together to create a comprehensive legal infrastructure for the U.S. Government’s IAEA safeguards obligations. Additionally, in order to provide a historical perspective for NRC licensees, a brief background of each agreement and protocol is discussed, including a brief history of the implementation of IAEA safeguards in the United States.