Preamble
The Parties to the North Atlantic Treaty, signed at Washington on 4th April, 1949,
Recognising that their mutual security and defence requires that they be prepared
to meet the contingencies of atomic warfare, and
Recognising that their common interest will be advanced by making available to the
North Atlantic Treaty Organization and its member states information pertinent thereto,
and
Taking into consideration the United States Atomic Energy Act of 1954, as amended,
which was prepared with these purposes in mind,
Acting on their own behalf and on behalf of the North Atlantic Treaty Organization,
In accordance with and subject to the requirements of the United States Atomic Energy
Act of 1954, as amended, the Government of the United States of America will, while
the North Atlantic Treaty Organization continues to make substantial and material
contributions to the mutual defence and security, co-operate by communicating, from
time to time, to the North Atlantic Treaty Organization and its member states, while
they continue to make such contributions, atomic information in accordance with the
provisions of this Agreement, provided that the Government of the United States of
America determines that such co-operation will promote and will not constitute an
unreasonable risk to its defence and security.
Paralleling the undertaking of the Government of the United States of America under
this Agreement, the other member states of the North Atlantic Treaty Organization
will, to the extent they deem necessary, communicate to the North Atlantic Treaty
Organization, including its military and civilian elements, and to member states atomic
information of their own origin of the same types provided for in this Agreement.
The terms and conditions governing these communications by other member states will
be the subject of subsequent agreements, but will be the same or similar to the terms
and conditions specified in this Agreement.
The Government of the United States of America will communicate to the North Atlantic
Treaty Organization, including its military and civilian elements, and to member states
of the North Atlantic Treaty Organization requiring the atomic information in connection
with their functions related to NATO missions, such atomic information as is determined
by the Government of the United States of America to be necessary to:
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(a) the development of defence plans;
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(b) the training of personnel in the employment of and defence against atomic weapons
and other military applications of atomic energy;
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(c) the evaluation of the capabilities of potential enemies in the employment of atomic
weapons and other military applications of atomic energy; and
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(d) the development of delivery systems compatible with the atomic weapons which they
carry.
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2 Under this Agreement there will be no transfer by the Government of the United States
of America of atomic weapons, non-nuclear parts of atomic weapons, or non-nuclear
parts of atomic weapons systems involving Restricted Data.
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1 Atomic information communicated pursuant to this Agreement shall be accorded full
security protection under applicable NATO regulations and procedures, agreed security
arrangements, and national legislation and regulations. In no case will the North
Atlantic Treaty Organization or its member states maintain security standards for
the safeguarding of atomic information less restrictive than those set forth in the
pertinent NATO security regulations and other agreed security arrangements in effect
on the date this Agreement comes into force.
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4 Atomic information communicated or exchanged pursuant to this Agreement shall not
be communicated or exchanged by the North Atlantic Treaty Organization or persons
under its jurisdiction to any unauthorized persons or, except as provided in paragraph
5 of this article, beyond the jurisdiction of that Organization.
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5 Unless otherwise specified by the Government of the United States of America, United
States atomic information provided to the North Atlantic Treaty Organization may be
communicated by the North Atlantic Treaty Organization to its member states as necessary
to carry out functions related to NATO missions, provided that dissemination of such
atomic information within such member states is limited to those specific individuals
concerned with the NATO missions for which the information is required. Member states
agree that atomic information so received from the North Atlantic Treaty Organization
or otherwise pursuant to this Agreement will not be transferred to unauthorised persons
or beyond the jurisdiction of the recipient member state; however, such information
may be communicated to the North Atlantic Treaty Organization or, when authorised
by the Government of the United States of America, to other member states requiring
the information for functions related to NATO missions.
Other provisions of this Agreement notwithstanding, the Government of the United States
of America may stipulate the degree to which any of the atomic information made available
by it to the North Atlantic Treaty Organization or member states may be disseminated,
may specify the categories of persons who may have access to such information, and
may impose such other restrictions on the dissemination of information as it deems
necessary.
Nothing in this Agreement shall be considered to supersede or otherwise affect bilateral
agreements between Parties to this Agreement providing for co-operation in the exchange
of atomic information.
For the purpose of this Agreement:
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(a) “Atomic weapon” means any device utilising 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 weapon test device.
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(b) “Atomic information” to be provided by the Government of the United States of America
under this Agreement means information which is designated “Restricted Data” or “Formerly
Restricted Data” by the Government of the United States of America.
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2 The Government of the United States of America will inform all Parties to the North Atlantic Treaty, and will also inform the North Atlantic Treaty Organization, of each notification
and of the entry into force of this Agreement.
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3 This Agreement shall remain in force until terminated by unanimous agreement or superseded
by another agreement, it being understood, however, that termination of this Agreement
as a whole shall not release any Party from the requirements of this Agreement to
safeguard information made available pursuant to it.
Notwithstanding the provisions of Article VI (4) of the Agreement between the Parties
to the North Atlantic Treaty for Co-operation regarding Atomic Information, signed in Paris on 22nd June, 1955,
the present Agreement shall upon its entry into force supersede the above-mentioned
Agreement, it being understood, however, that information communicated under that
Agreement shall be considered for all purposes to have been communicated under the
provisions of this Agreement.
This Agreement shall bear the date on which it is opened for signature and shall remain
open for signature until it has been signed by all the States Parties to the North Atlantic Treaty.