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2013 Mark Hibbs, The IAEA Additional Protocol after the 2010 NPT Review - Status and Prospects 1 (2013)

handle is hein.unl/iaeaad0001 and id is 1 raw text is: The IAEA Additional Protocol after the 2010 NPT Review Status and Prospects LLI! S:ii! See <http://cns.miis.edu/npr/pdfs/113hirsch.pdf>. NPT/CONF.2008/28, para. 47. GC(44)/RES/19. A/RES/55/33R(2000). 0n z Mark Hibbs Deveopments from 1997 through 2010 The general negotiating history of the Additional Protocol (AP) is well-known:' The AP was born from the lessons learned at the International Atomic Energy Agency (IAEA) Department of Safeguards following the first Gulf War against Iraq in 1991, concerning inherent limitations of routine material balancing and accounting in conducting verification of states' peaceful-use commitments. In May 1997, the IAEA Board of Governors approved the Model AP (INFCIRC/540) to permit the IAEA to enhance its capability to verify the non-proliferation commitments of states that are subject to full-scope safeguards agreements under the model protocol for those agreements (INFCIRC/153). The Model AP has two principle features: first, an expanded declaration provided to the IAEA by the state subject to the AP containing an array of information concerning certain activities that might be relevant to the development of nuclear arms but not subject to reporting requirements under INFCIRC/153; and second, broader IAEA rights of complementary access to undeclared locations in a state to assure the absence of undeclared nuclear material and activities. The AP provides the IAEA additional verification tools beyond INFCIRC/153, but it should not be described as a mechanism affording the IAEA unlimited inspection and surveillance rights. The Final Document of the 2000 NPT Review Conference followed up the 1997 approval of the AP by the Board of Governors noting that the IAEA Secretariat and member states consider ... a possible plan of action to promote and facilitate the conclusion and entry into force of ... additional protocols, including for example, specific measures to assist states with less experience in nuclear activities to implement legal requirements.2 The safeguards resolution passed during the 2000 IAEA General Conference included a recommendation that the IAEA Secretariat, the Board of Governors and member states intensify efforts to support the AP including providing their knowledge and technical expertise necessary to conclude and implement ... APs.3 The adoption of the General Conference resolution was thereafter welcomed by the United Nations General Assembly.4 J