Improving Legislation and Formation of Modern International Legal Framework of Cooperation
In 2011 the Company worked together with the governmental bodies on the foreign trade issues pertinent to foreign trade interest of the nuclear industry with regard to improving existing legislation and contractual legal framework of international cooperation.
On Amendments to the Decree of the Russian Federation Government as of 15 December 2000 № 973 "On the Export and Import Of Nuclear Materials, Equipment, Special Non-Nuclear Materials and Relevant Technologies"
In order to eliminate the risks associated with ambiguous qualification of non-recoverable traces in the containers 30B and 48Y used for transporting uranium hexafluoride and simplify the procedure of their crossing the border in accordance with the existing legislation, in 2011 the Company initiated the amendments into the Decree of the Russian Federation Government as of 15 December 2000 № 973 "On the export and import of nuclear materials, equipment, special non-nuclear materials and relevant technologies".
As a result of the introduced measures the Decree of the Russian Federation Government as of 01 October 2011 № 809 "On amending the statute on the export and import of nuclear materials, equipment, special non-nuclear materials and relevant technologies" states that the containers with non-recoverable traces of uranium hexafluoride have been included into the list of products that do not require obtaining a licence from the Federal Service for Technology and Export Control (FSTEC).
In addition, the same decree specifies the procedure for obtaining the decision of the Russian Government for starting negotiations with a view to signing contracts or achieving other agreements that envisage export or joint use of critical nuclear pro-ducts, not only with the federal executive bodies and the State Atomic Energy Corporation ROSATOM, but with other Russian foreign trade participants.
Administrative Arrangements to the Inter-Governmental Agreements with Australia, Canada and the USA
The Company's experts participated in preparing the following documents for signing:
- in June 2011 – the Memorandum of understanding to the Russian-Australian inter-governmental agreement on cooperation in peaceful use of atomic energy of 2007;
- in December 2011 — Administrative arrangements to the Russian-Canadian inter-governmental agreement on cooperation in peaceful use of atomic energy of 1989.
After these documents have been signed it became possible to import Australian and Canadian natural uranium for processing in Russia in the interests of the Company's foreign customers.
During the reporting year the Company's experts have been involved in developing and approving with their American counterparts the Administrative arrangements to the Russian-American inter-governmental agreement on cooperation in peaceful use of nuclear energy ("123 Agreement") that came into effect on 11 January 2011. As a result of constructive dialogue this document was prepared and signed in December 2011.
In the reporting year the Company still focused on the issue of modification of so-called "re-export regime", i.e. the regime of temporary import of the Russian enriched uranium to the US for the fabrication of nuclear fuel under the contracts with third-party countries, which was settled under the 1992 Suspension agreement and a 1997 Amendment to this agreement.
The existing re-export limits are not sufficient for the modern scale of business. They limit the development of trade in Russian uranium products with clients in the countries that produce nuclear fuel for their reactors on the territory of the United States. After the Fukushima accident this problem has acquired one more aspect – a risk of exceeding the terms, which were set in the Suspension agreement, of exporting the fuel made of Russian EUP from the US by Japanese clients. This can result not only in breaching the terms of the Suspension agreement with regard to the terms of export, but also in reducing the Russian re-export quota for the amount of materials that have not been exported in a timely manner.
In June 2010 on the Company's initiative Sergey Kirienko, the Director General of the State Atomic Energy Corporation ROSATOM sent a suggestion to the US Ministry of Commerce to start the consultations on the issue of re-export and simultaneously providing JSC "TECHSNABEXPORT" with the required authority to hold such consultations.
The first round of consultations with the US Department of Commerce, which took place in November 2011 in Washington, featured constructive discussions of possible approaches to solving the problem.