the tribunal. The decisions of the tribunal shall be binding on the Parties.
Article 15
1. If either Party:
(1) fails to ensure observance of the provisions of Article 4, 5, 6, 7, 8 or 9 of this Agreement or the decisions of the arbitral tribunal referred to in Article 14 of this Agreement; or
(2) terminates or materially violates its Safeguards Agreement with the International Atomic Energy Agency referred to in Article 3 of this Agreement,
the other Party shall have the right to suspend further cooperation under this Agreement in whole or in part, or to terminate this Agreement and to require the return of any nuclear material, material and equipment transferred pursuant to this Agreement.
2. If the Russian Federation detonates a nuclear explosive device using any nuclear material, material, equipment or technology transferred from Japan whether directly or through a third State pursuant to this Agreement, equipment based on technology or nuclear material recovered or produced as a by-product, the Government of Japan shall have the right specified in paragraph 1 of this Article.
3. If Japan detonates a nuclear explosive device, the Government of the Russian Federation shall have the right specified in paragraph 1 of this Article.
4. Before either Party takes steps to suspend cooperation under this Agreement in whole or in part or to terminate this Agreement, or to require such return, the Parties shall consult for the purpose of taking corrective measures and shall, where appropriate, carefully consider the following, taking into account the need to make such other appropriate arrangements as may be required:
(1) the effects of taking such steps; and
(2) whether the facts which gave rise to considering such steps were caused deliberately.
5. The right under this Article shall be exercised by either Party only if the other Party fails to take corrective measures within an appropriate period of time following the consultations referred to in paragraph 4 of this Article. In exercising this right, either Party shall notify the other Party in writing of the date of the suspension of cooperation under this Agreement in whole or in part or the termination of this Agreement.
6. If either Party exercises its right under this Article to require the return of any nuclear material, material and equipment transferred pursuant to this Agreement, it shall compensate the other Party or the persons concerned for the fair market value thereof.
Article 16
The Parties shall ensure the adequate and effective protection of intellectual property and technology created or transferred pursuant to the cooperation under this Agreement in accordance with the relevant international agreements to which the Russian Federation and Japan are parties and the legislation of their respective States.
Article 17
The Annexes to this Agreement shall form an integral part of this Agreement. This Agreement may be amended by written agreement of the Parties. Amendments to this Agreement, except for those made exclusively to the Annexes to this Agreement, shall be approved by each Party in accordance with its internal procedures required for such amendments. Amendments made exclusively to the Annexes shall require only a written agreement of the Parties.
Article 18
1. This Agreement shall enter into force on the thirtieth day after the date on which the Parties inform each other through diplomatic channels that their respective internal procedures required for its entry into force have been completed.
2. This Agreement shall remain in force for a period of twenty five years, and shall continue in force thereafter until terminated in accordance with the provisions of paragraph 3 of this Article.<
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