Pages 74-92 from FCO 177-104

After the Annapolis version, the Japanese position on the guidelines for transfers of nuclear-related dual-use equipment, material, and related technology is as follows:

1. The objective is to prevent the proliferation of nuclear weapons. Suppliers have agreed on principles, definitions, and an export control list for equipment, material, and technology that could be used in nuclear explosive activities or unsafeguarded nuclear fuel-cycle activities.

2. Suppliers should not authorize transfers of equipment, material, or technology identified in the Annex for use in nuclear explosive activities or unsafeguarded nuclear fuel-cycle activities, or if there is an unacceptable risk of diversion to such activities.

3. Suppliers should establish export licensing procedures for transfers and require a statement from the end-user specifying the use and end-use locations of the proposed transfer. Assurances should be provided that the transfer will not be used for nuclear explosive activities or unsafeguarded nuclear fuel-cycle activities, and that it will not be retransferred without consent.

4. Suppliers should exercise restraint in transferring equipment, material, or technology for sensitive facilities involved in nuclear explosive activities.

5. Suppliers should consult with other subscribing governments on matters such as updates to the Annex, information on implementation of the guidelines, consultation on proposed transfers, and providing information on facilities or entities engaged in nuclear activities or at risk of diversion.

6. If a violation of the guidelines occurs, subscribing governments should consult promptly to assess the extent of the violation. Appropriate responses and actions, including termination of transfers, may be taken.

7. Commercial confidentiality of exchanged information should be protected, and transfers should be carried out in accordance with national laws and practices regarding the protection of commercial information.

8. Governments that exchange acceptance notes with each other become subscribing governments.

9. Any changes to the guidelines, Annex, or the Memorandum of Understanding require unanimous consent from subscribing governments.