[Code of Federal Regulations]
[Title 10, Volume 2]
[Revised as of January 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 10CFR95.36]

[Page 551-552]
 
                            TITLE 10--ENERGY
                  (This book contains parts 51 to 199)
 
          CHAPTER I--NUCLEAR REGULATORY COMMISSION (Continued)
 
PART 95_FACILITY SECURITY CLEARANCE AND SAFEGUARDING OF NATIONAL 
SECURITY INFORMATION AND RESTRICTED DATA--Table of Contents
 
Sec. 95.36  Access by representatives of the International Atomic 
Energy Agency or by participants in other international agreements.

    (a) Based upon written disclosure authorization from the NRC 
Division of Nuclear Security that an individual is an authorized 
representative of the International Atomic Energy Agency (IAEA) or other 
international organization and that the individual is authorized to make 
visits or inspections in

[[Page 552]]

accordance with an established agreement with the United States 
Government, a licensee, certificate holder, or other person subject to 
this part shall permit the individual (upon presentation of the 
credentials specified in Sec. 75.7 of this chapter and any other 
credentials identified in the disclosure authorization) to have access 
to matter classified as National Security Information that is relevant 
to the conduct of a visit or inspection. A disclosure authorization 
under this section does not authorize a licensee, certificate holder, or 
other person subject to this part to provide access to Restricted Data.
    (b) For purposes of this section, classified National Security 
Information is relevant to the conduct of a visit or inspection if--
    (1) In the case of a visit, this information is needed to verify 
information according to Sec. 75.13 of this chapter; or
    (2) In the case of an inspection, an inspector is entitled to have 
access to the information under Sec. 75.42 of this chapter.
    (c) In accordance with the specific disclosure authorization 
provided by the Division of Nuclear Security, licensees or other persons 
subject to this part are authorized to release (i.e., transfer 
possession of) copies of documents that contain classified National 
Security Information directly to IAEA inspectors and other 
representatives officially designated to request and receive classified 
National Security Information documents. These documents must be marked 
specifically for release to IAEA or other international organizations in 
accordance with instructions contained in the NRC's disclosure 
authorization letter. Licensees and other persons subject to this part 
may also forward these documents through the NRC to the international 
organization's headquarters in accordance with the NRC disclosure 
authorization. Licensees and other persons may not reproduce documents 
containing classified National Security Information except as provided 
in Sec. 95.43.
    (d) Records regarding these visits and inspections must be 
maintained for 5 years beyond the date of the visit or inspection. These 
records must specifically identify each document released to an 
authorized representative and indicate the date of the release. These 
records must also identify (in such detail as the Division of Nuclear 
Security, by letter, may require) the categories of documents that the 
authorized representative has had access and the date of this access. A 
licensee or other person subject to this part shall also retain Division 
of Nuclear Security disclosure authorizations for 5 years beyond the 
date of any visit or inspection when access to classified information 
was permitted.
    (e) Licensees or other persons subject to this part shall take such 
measures as may be necessary to preclude access to classified matter by 
participants of other international agreements unless specifically 
provided for under the terms of a specific agreement.

[62 FR 17694, Apr. 11, 1997, as amended at 64 FR 15652, Apr. 1, 1999; 68 
FR 41222, July 11, 2003]