erial, equipment, special non-nuclear material transferred under this Agreement on the territory the State of the receiving Party, shall not be enriched above 20% for uranium-235 and shall not be reprocessed radio-chemically with a purpose to separate plutonium without previous written consent of the transferring Party.
5. Dual use equipment and materials as well as corresponding technologies used for nuclear purposes transferred by either Party under this Agreement and their reproductions shall be used only for declared purposes not connected with the manufacture of nuclear explosive devices.
6. Such equipment, materials and corresponding technologies in paragraph 5 of this Article shall neither be used in nuclear fuel cycle activities or in any other facilities which are not subject to respective IAEA safeguards agreements; nor be copied, modified, re-exported or transferred to third parties without written consent of the other Party.
Article 10
Facilities for chemical reprocessing of irradiated fuel, isotopic uranium enrichment and heavy water production, their major components or any items produced thereof, as well as uranium enriched more than 20 percent in uranium-235, plutonium (excluding uranium plutonium mixed fuel) shall not be transferred under this Agreement unless provided for by an amendment to this Agreement.
Article 11
Responsibility for nuclear damage that may arise from the implementation of cooperation under the Agreement shall be defined in implementing arrangements concluded in accordance with Article 5 of the Agreement and respective legislations of the States of the Parties and their international obligations.
Article 12
1. Any dispute between the Parties concerning the interpretation or application of this Agreement shall be settled by consultations.
2. If the dispute between the Parties cannot thus be settled, it shall upon the request of either Party, be submitted to an arbitration tribunal within 6 months from the date of the receipt of written request for arbitration.
3. Such an arbitration tribunal shall be constituted for each individual case in the following way. Within three months of the receipt of the request for arbitration, each Party shall appoint one member to the arbitration tribunal. Those two members shall then select a national of a third state who on approval by the two Parties shall be appointed as the Chairman of the arbitration tribunal. The Chairman shall be appointed within two months from the date of appointment of the other two members.
4. If within the periods specified in paragraph 3 of this Article the necessary appointments have not been made, either Party may, in the absence of any other agreement between the Parties, invite the President of the International Court of Justice (hereinafter referred to as "ICJ") to make the necessary appointments. If the President of the ICJ of the United Nations is a national of the state of either Party or is otherwise prevented from discharging the said function, the Vice-President shall be invited to make necessary appointments. If the Vice-President of the ICJ is a national of the state of either Party or is otherwise prevented from discharging the said function, the member of the ICJ next in seniority who is not a national of the state of either Party and not otherwise prevented from discharging the said function shall be invited to make the necessary appointments.
5. The arbitration tribunal shall reach its decision by a majority of votes. Such decision shall be binding on both Parties. Each Party shall bear the costs of its own member of the tribunal and of its representation in the arbitral proceedings. The costs of the Chairman and the remaining costs shall be borne in equal parts by the Parties. The arbitration tribunal may however in its decision
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