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NORTH ATLANTIC COUNCIL
ORIGINAL; ENGLISH
10th March. 1955
NATO SECRET
DOCUMENT
________

DRAFT AGREEMENT BETWEEN THE PARTIES TO THE NORTH
ATLANTIC TREATY FOR CO-OPERATION REGARDING
ATOMIC INFORMATION

Note by the Secretary General and
Vice-Chalrman of.the Cpunc^l

At its meeting on 2nd March, 1955,

the Councils

(1) adopted the attached Resolution (Annex A ) |
(2) agreed to de-classify^ at a date to be decided
later by the Council, the text of the draft
Agreement between the Parties to the North
Atlantic Treaty for Co-operation regarding
Atomic Information (Annex B), and the text of
the Resolution!
(3) agreed that the Annex to the draft Agreement
(Annex C) on the types of atomic information
which might be transferred by the Government
of the United States under the Agreement9
should remain SEGRETj
(4) with regard to the timetable and procedure for
the signature of the Agreement, agreeds
(a) that each country would inform the
Secretariat as soon as it was ready
to sign under the terms of its
constitutional requirements!
(b) that it was a matter for each government
to determine whether full powers would be
required by its Permanent Representative
for the act of signature,,

(Signed) ISMAY

Palais de C h a i l l o t ,
P a r i s , XVIe.
C-R(55)8, Item IV

000037

�- 2 -

NATO SECRET
ANNEX A to

__i____r
RESOLUTION

THE NORTH ATLANTIC COUNCIL
NOTING that the Working Group, which was convened to
consider the draft Agreement for Co-operation regarding Atomic
Information, proposed by the United States to the other Parties
to the North Atlantic Treaty, has now submitted an agreed text
which is attached hereto, and
WELCOMING the initiative of the United States in
proposing the Agreement,
APPROVES the draft text of the Agreement, and
RECOMMENDS to member governments that they take action
in accordance with their own national requirements with a view
to the conclusion of the Agreement.

000038

�c

3 -

.^

NATO SECRET
ANNEX B t o
C^MT55)ir

DRAFT AGREEMENT BETWEEN THE PARTIES TO THE NORTH
ATLANTIC TREATY FOR CO-OPERATION REGARDING
ATOMIC INFORMATION
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 interests will be
advanced by making available to the North Atlantic Treaty Organization information pertinent thereto, and
Taking into consideration the United States Atomic
Energy Act of 1954* which was prepared with these purposes in
mind,
Acting on their own behalf and on behalf of the North
Atlantic Treaty Organization, .
Agree as follows*
ARTICLE I
1.
While the North Atlantic Treaty Organization continues
to make substantial and material contributions to the. common defence
efforts, the United States will from time to time make available
to the North Atlantic Treaty Organization, including its civil and
military agencies and commands, atomic information which the Govern*ment of the United States of America deems necessary tot
(a)

the development of defence plansj

(b)

the training of personnel in the employment
of and defence against atomic weapons} and

(o);

the evaluation of the capabilities of potential
enemies in the employment of atomic weapons.

2.
As used in this Agreement so far as concerns information
provided by the United States, "atomic informationn means Restricted
Data, as defined in Section 11 r of the United States Atomic Energy
Act of 1954, which is permitted to be communicated pursuant to the
provisions of Section 144 b of that Act, and information relating
primarily to the military utilisation of atomic weapons which has
been removed from the Restricted Data category in accordance with
the provisions of Section 142 d of the United States Atomic Energy
Act of 1954.
.
3.
All transfers by the Government of the United States of
America of atomic information will be made in compliance with the provisions
of the United States Atomic Energy Act of 1954, and subsequent applicable
United'States legislation. Under this Agreement there will be no transfers
of atomic weapons or special nuclear material, as these terms are defined
in Section 11 d and Section 11 t of the United States Atomic Energy Act of
1954. (The sections of the United States Atomic Energy Act of 1954 referred
to in paragraphs 2 and 3 of this Article are attached).

000039

�- 4 -

NATO SECRET
ANNEX B to
C*-M(55)31

ARTICLE II
1.
Atomic information which is transferred to the North
Atlantic Treaty Organization will be made available through the
channels now existing for providing classified military information
to the North Atlantic Treaty Organization.
2.
Only those persons within the North Atlantic Treaty
Organization whose duties require access to atomic information may
be the original recipients of such information. Atomic information
will be authorised for dissemination within the North Atlantic
Treaty Organization only to persons whose North Atlantic Treaty
Organization responsibilities require them to have access to such
information. Information will not be transferred by the North
Atlantic Treaty Organization to unauthorised persons or beyond the
jurisdiction of that Organization. The Government of the United
States of America may stipulate the degree to which any of the
categories of information made available by it 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.
ARTICLE III
1. Atomic information will be accorded full security
protection under applicable North Atlantic Treaty Organizations-,
regulations and procedures, and where applicable, national legislation and regulations. In no case will recipients maintain
security standards for the safeguarding of atomic information
lower than those set forth in the pertinent North Atlantic Treaty
Organization security regulations in effect on the date this
Agreement comes into force.
ARTICLE IV
1.
Atomic information which is transferred by the Government
of the United States of America pursuant to Articule I of this
Agreement shall be used exclusively for the preparation of and in
implementation of North Atlantic Treaty Organization defence plans.
2.
The North Atlantic Treaty Organization will from time to
time render reports to the Government of the United States of
America of the use which has been made of the information. These
reports will contain pertinent information requested by the
Government of the United States of America and will in particular
contain a list of the persons possessing certain categories of
information, in accordance with the provisions of paragraph 2 of
Articule II, and a list of the documents which have been transferred.
ARTICLE V
1.
The Parties to the North Atlantic Treaty,.other than
the United States, will to the extent that they deem necessary,
make available to the North Atlantic Treaty Organization informa*tion in the same categories as may be made available by the United
States under Articule I of this Agreement. Any such information
will be supplied on the same or similar conditions as those which
apply under this Agreement with respect to the United States.

�- 5 -

NATO SECRET
ANNEX B to
(&gt;M(55)31

ARTICLE VI
1.
The Agreement shall enter into force upon notification
to the United States by all Parties to the North Atlantic Treaty
that they are bound by the terms of the Agreement.
2.
If any other State becomes a Party to the North Atlantic
Treaty no information made available to the North Atlantic Treaty
Organization under this Agreement will be provided to any person
who is a national of, or who is employed by, the new Party to the
North Atlantic Treaty until the new Party has notified the Government of the United States of America that it is bound by the terms
of this Agreement, and upon such notification, this Agreement will
enter into force for the new Party.
3.
The Government of the United States of America will
inform.all Parties to the North Atlantic Treaty of the entry into
force of this Agreement under paragraph 1 of this Article and"of"
each notification received under paragraph 2 of this Article.
4.
This Agreement shall be valid as long as the North
Atlantic Treaty is in force.
In witness whereof the undersigned Representatives have
signed the present Agreement on behalf of their respective States,
members of the North Atlantic Treaty Organization, and on behalf of
the North Atlantic Treaty Organization.
Done at Paris this
day of
1955, in the
i.
English and French languages, both texts being equally authoritative, in a single original which shall be deposited in the archives
of the Government of the United States of America. The Government
of the United States of America shall transmit certified copies
thereof to all the signatory and acceding States.
For the Kingdom of Belgium:
For Canada:
For the Kingdom of Denmark*
For Frances
For the Kingdom of Greece:.
For Iceland:
For Italy::
For the Grand Duchy of Luxembourg:
For the Kingdom of the Ifetherlands*
For the Kingdom of Norway:,
For Portugal::
For Turkey:
For the United Kingdom of Great Britain
and Northern Ireland:
For the United States of America:

000041

�- 6 -

NATO SECRET
ANNEX' C t o

~

ANNEX TO THE AGREEMENT

It is agreed that the types of atomic information which
may be transferred by the Government, of the United States of America
pursuant to the provisions of Section 144 b of the United States
Atomic Energy Act of 1954, under the Agreement for Co-operation
regarding Atomic 'Information, of which this Annex is a part, will be
limited to the following:
1.

For planning purposes, general magnitude of the '•
number of atomic weapons, by types, yields, and
fuzing options, to be made available to North
Atlantic Treaty Organization commands.

2.

The extent to which there is interchangeability
of nuclear components among the various types of
weapons.

3.

Effects to be expected from the detonation of
nuclear weapons under the various conditions of
bursts.

4.

General description of basic safety features.

5.

Weapons which can be carried by the different
types of delivery vehicles.

6.

To the extent that it will influence North Atlantic
Treaty Organization planning, the estimated military
results, in general terms, to be expected from the
strategic air offensive.

7.

Intelligence estimates of Soviet capabilities for
.nuclear warfare.

Nothing herein is designed to preclude the transfer
through existing channels, of military information which does not
come under the provisions of the United States Atomic Energy Act
of 1954.
For the Kingdom of Belgium:
For Canada:
For the Kingdom of Denmark:
For France:
For the Kingdom of Greece:
For Iceland:
For Italy:
For the Grand Duchy of Luxembourg:.
For the Kingdom of the Netherlands:
For the Kingdom of Norway:
For Portugal:
For Turkey:

For the United Kingdom of Great, Britain,
and Northern. Ireland:
For the Ubited States; of Americas
000042
L

�\

- 7 -

UNCLASSIFIED
ANNEX D t o

c-M(55)?i
SECTIONS OF THE UNITED STATES ATOMIC ENERGY ACT OF 1954
REFERRED TO IN THE AGREEMENT FOR CO-OPERATION REGARDING
ATOMIC INFORMATION
Section 1 1 .

DEFINITIONS

S e c t i o n 11 d :
"d. The terms '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 proto-type,
a weapon test device."

"Atomic
weapons"

Section 11 rt
"r. The term 'Resticted Data1 means all data
concerning: .(l) design, manufacture, or utilisation
of atomic weapons; (2) the production of special
nuclear material; &lt;?r (3) the use of special nuclear
material in the production of energy, but shall not
include data de-classified or removed from the
Restricted Data category pursuant to section 142."

"Resticted
Data"

Section 11 t:
"t. The term 'special nuclear material' means
(l) plutonium, uranium enriched in the isotope 233
or in the isotope 235, and any other material which
the Commission, pursuant to the provisions of section 51, determines to be special nuclear material,
but does not include source material; or (2) any
material artifically enriched by any of the foregoing, but does not include source material."
Section 1A2.

"Special
nuclear
material"

CLASSIFICATION AND DECLASSIFICATION
OF RESTRICTED DATA

Section 142 ds
"d. The Commission shall remove from the Restricted
Data category such data as the Commission and the Department of Defense jointly determine relates primarily to the
military utilisation of atomic weapons and which the
Commission and Department of Defense jointly determine can
be adequately safeguarded as defence information: provided,
however, that no such data so removed from the Restricted
Data category shall be transmitted or otherwise made available to
any nation or regional defence organization, while such data remains defence information, except pursuant to,an agreement
for co-operation entered into in accordance with sub-section 144 b.H
Section 144.

INTERNATIONAL CO-OPERATION

Section 144 b.
"b. The President j[c£ the United States of America/
may authorise the Department of Defense, with the assistance
of the _Atomic Energ_7

�- 8 -

UNCLASSIFIED
ANNEX D to
C-M(55)31

Commission to co-operate with another nation or \ri.th a
regional defence organization to which the United States
is a party, and to communicate to that nation or organization such Restricted Data as is necessary to:
"(l) the development of defence plans j;
"(2) the training of personnel in the
employment of and defence against
atomic weaponsj and
"(3) the evaluation of the capabilities
of potential enemies in the employment
of atomic weapons*
while such other nation or organization is participating
with the United States pursuant to an international arrangement by substantial and material contributions to the mutual
defence and security:
Provided, however, That no such co-operation shall involve
communication of Restricted Data relating to the design or
fabrication of atomic weapons except with regard to external
characteristics, including size, weight, and shape, yields
and effects, and systems employed in the delivery or use
thereof but not including, any data in these categories unless
in the joint judgment of the _Atomic Energ_7 Commission and
the Department of Defense such data will not reveal important
information concerning the design or fabrication of the nuclear
components of an atomic weapon:. And provided further, That
the co-operation is undertaken pursuant to an agreement entered
into in accordance with section 123."

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