Resolution resolved: The United States federal government should substantially curtail its domestic surveillance. Violations

Surveillance is ONE of the measures to prevent diversion of nucleat fuel

Perez 94 Antonio F. Perez, Assistant Professor of Law, Columbus School of Law, The Catholic University of America. Virginia Journal of International Law Summer, 1994 34 Va. J. Int'l L. 749

ARTICLE: Survival of Rights Under The Nuclear Non-Proliferation Treaty: Withdrawal and the Continuing Right of International Atomic Energy Agency Safeguards lexis

n24. Paragraph 29 of INFCIRC/153 provides that "material accountancy shall be used as a safeguards measure of fundamental importance, with containment and surveillance as important complementary features." INFCIRC/153, supra note 23. Safeguards, roughly put then, are a bean-counting exercise involving the provision of information by the safeguarded state and on-site inspection by the IAEA to verify the location of nuclear material. The "accountancy" component of safeguards refers to the obligation of the safeguarded state to keep accurate and complete records of nuclear material subject to safeguards. Paragraphs 59-69 of INFCIRC/153 provide for detailed reports by the safeguarded state to the IAEA; notably including, pursuant to paragraph 62, an initial report, or "declaration," which establishes a baseline for material accounting. Based on these reports "and the results of its verification activities," the IAEA maintains an inventory of safeguarded nuclear material. Id. para. 41. Verification activities specified in the agreement include routine, ad hoc, and special inspections. Id. paras. 71-73. "Routine" inspections are limited to access to "strategic points" negotiated in the subsidiary arrangements between the safeguarded state and the IAEA for implementation of the agreement. Id. para. 76(c). Ad hoc inspections, which are primarily conducted to verify the initial report, id. paras. 71(a) and (b), authorize access in such cases, "and until such time as the strategic points have been specified in the Subsidiary Arrangements, ... to any location where the initial report or any inspections carried out in connection with it indicate that nuclear material is present," id. para. 76(a). When, pursuant to paragraph 73(b), the IAEA "considers that the information made available" to it "is not adequate for the Agency to fulfill its responsibilities under" the agreement, it may "obtain access, in agreement with ... [the safeguarded state], to information or locations in addition to those specified" for routine or ad hoc inspections. Id. para. 77(b). The scope of inspections includes, among other things, "containment," which allows for the application of locks and seals on nuclear storage areas to prevent movement of nuclear material, and "surveillance," which involves human and remote observation of specified activities at nuclear facilities. Id. para. 74(d); Edwards, International Legal Aspects of Safeguards, supra note 23, at 6.