On Ratification of the 1997 Vienna Convention on Civil Liability for Nuclear Damage (Consolidated text of the Vienna Convention on Civil Liability for Nuclear Damage of May 21, 1963, as amended by the Protocol of September 12, 1997)

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On Ratification of the 1997 Vienna Convention on Civil Liability for Nuclear Damage (Consolidated text of the Vienna Convention on Civil Liability for Nuclear Damage of May 21, 1963, as amended by the Protocol of September 12, 1997)

The Law of the Republic of Kazakhstan dated February 10, 2011 No. 405-IV

To ratify the Vienna Convention on Civil Liability for Nuclear Damage of 1997 (Consolidated text of the Vienna Convention on Civil Liability for Nuclear Damage of May 21, 1963, as amended by the Protocol of September 12, 1997).

President of the Republic of Kazakhstan N. Nazarbayev

ANNEX

VIENNA CONVENTION ON CIVIL LIABILITY FOR NUCLEAR DAMAGE, 1997

(Consolidated text of the Vienna Convention on Civil Liability for Nuclear Damage of May 21, 1963, as amended by the Protocol of September 12, 1997, issued by By the Secretariat of the International Atomic Energy Agency)

VIENNA CONVENTION ON CIVIL LIABILITY FOR NUCLEAR DAMAGE OF 19971

(Consolidated text of the Vienna Convention on Civil Liability for Nuclear Damage of May 21, 1963, as amended by the Protocol of September 12, 1997)

_______________________ This consolidated text of the 1963 Vienna Convention on Civil Liability for Nuclear Damage, as amended by the 1997 Protocol, has been issued by the Secretariat of the International Atomic Energy Agency, as required by that Protocol. The consolidated text does not have its own final provisions. A State wishing to accede to the 1963 Vienna Convention as amended by the 1997 Protocol may do so by acceding to the 1997 Protocol in accordance with its provisions. The reference to the "Protocol" in this consolidated text means the "Protocol Amending the Vienna Convention on Civil Liability for Nuclear Damage" of 1997.

THE CONTRACTING PARTIES, RECOGNIZING the desirability of establishing certain minimum standards to ensure financial protection against damage resulting from certain types of peaceful uses of nuclear energy, CONSIDERING that the convention on civil liability for Nuclear Damage will also contribute to the development of friendly relations between nations, regardless of their different constitutional and social systems, DECIDED to conclude a convention for this purpose and In this regard, we have agreed on the following -

ARTICLE I

1. For the purposes of this Convention, (a) "Person" means any natural person, partnership, any private or public body, whether or not it is a legal entity, any international organization that is a legal entity under the law of the State responsible for the installation, and any State or any of its member States. formations. (b) "Citizen of a Contracting Party" includes a Contracting Party or any State entity, partnership, or any private or public body incorporated within the territory of a Contracting Party, regardless of whether it is a legal entity or not. (c) "Operator" in relation to a nuclear installation means the person designated or recognized by the installation State as the operator of that installation. (d) "Installation State", in relation to a nuclear installation, means the Contracting Party within whose territory the installation is located or, if it is not located within the territory of any State, the Contracting Party that operates or is authorized to operate the nuclear installation. (e) "Law of the competent court" means the law of a court having jurisdiction under this Convention, including any provisions of such law relating to conflicts of laws. (f) "Nuclear fuel" means any material capable of producing energy through a self-sustaining chain process of nuclear fission. (g) "Radioactive products or waste" means any radioactive material produced during the production or use of nuclear fuel, or any material rendered radioactive by radiation from the production or use of nuclear fuel, but does not include radioisotopes that have reached the final stage of manufacture, thus becoming suitable for use in any scientific, for medical, agricultural, commercial or industrial purposes. (h) "Nuclear material" means: (i) nuclear fuel, other than natural uranium and depleted uranium, capable of producing energy through a self-sustaining chain process of nuclear fission outside a nuclear reactor, alone or in combination with any other material; and (ii) radioactive products or waste. (i) "Nuclear reactor" means any facility containing nuclear fuel located in such a way that a self-sustaining chain process of nuclear fission can occur in it without an additional source of neutrons. (j) "Nuclear installation" means - (i) any nuclear reactor, with the exception of a reactor equipped with a means of sea or air transport for the purpose of using it as an energy source for powering that means of transport or for any other purpose; (ii) any plant using nuclear fuel for the production of nuclear material, or any nuclear material processing plant, including any irradiated nuclear fuel reprocessing plant; (iii) Any place where nuclear material is stored (stored), with the exception of storage related to the transportation of such material; and (iv) such other installations containing nuclear fuel or radioactive products or waste as may be determined from time to time by the Board of Governors of the International Atomic Energy Agency; provided that the State responsible for the installation may to establish that several nuclear installations of the same operator, which are located in the same location, are considered as a single nuclear installation. (k) "Nuclear damage" means (i) death or bodily injury; (ii) loss of property or damage to property; and the following for each subparagraph, within the limits prescribed by the law of the competent court; (iii) Economic losses resulting from the losses or damage referred to in subparagraph (i) or (ii), insofar as They are not covered by these sub-paragraphs if they are borne by a person who has the right to sue for such losses or damages.; (iv) The costs of measures to restore an environment whose condition has deteriorated, with the exception of minor deterioration, if such measures have actually been taken or should be taken, and insofar as this is not covered by subparagraph (ii); (v) The loss of income derived from an economic interest in any application or use of the environment resulting from significant deterioration of this environment and insofar as it is not covered by subparagraph (ii); (vi) the cost of preventive measures and the cost of further loss or damage caused by such measures; (vii) Any other economic losses in addition to any losses caused by environmental degradation, if permitted by the general law on civil liability of the competent court, in the case of sub-paragraphs (i) - (v) and (vii) above to the extent that the loss or damage results from or is the result of ionizing radiation emitted by any source of radiation inside a nuclear installation or emitted by nuclear fuels or radioactive products or waste in a nuclear installation or nuclear material coming from, produced in, or shipped to a nuclear installation regardless of whether they arise due to the radioactive properties of such a substance or a combination of radioactive properties with toxic, explosive or other dangerous properties of such a substance. (l) "Nuclear incident" means any incident or series of incidents of the same origin that causes nuclear damage or, but only with respect to preventive measures, poses a serious and imminent threat of causing such damage. (m) "Remediation measures" means any reasonable measures that have been approved by the competent authorities of the State where the measures were taken and which aim to restore or recreate damaged or destroyed environmental components or to introduce, where justified, an equivalent of these components into the environment. The law of the State in which the damage was caused determines who has the right to take such measures. (n) "Preventive measures" means any reasonable measures taken by any person after a nuclear incident has occurred to prevent or minimize the damage referred to in subparagraphs (k) (i) to (v) or (vii), subject to any approval by the competent authorities required in accordance with with the law of the State in which the measures are being taken. (o) "Reasonable measures" means measures that, according to the law of the competent court, are deemed acceptable and proportionate, taking into account all the circumstances, for example: (i) the nature and extent of the damage caused or, in the case of preventive measures, the nature and degree of risk of such damage; (ii) the extent to which, at the time of taking the measures, they are likely to will be effective; and (iii) appropriate scientific and technical expertise. (p) "Special drawing rights", hereinafter referred to as "SDR", means a unit of account defined by the International Monetary Fund and used by it for its own operations and transactions. 2. The installation State may, if the small amount of risk involved permits, exclude any nuclear installation or any small amounts of nuclear material from the scope of application of this Convention, provided that (a) in respect of nuclear installations, the criteria for such exclusion are established by the Board of Governors of the International Atomic Energy Agency and any exception made the State responsible for the installation meets the following criteria; and (b) For small quantities of nuclear material, the maximum exclusion limits for such quantities are set by the Board of Governors of the International Atomic Energy Agency and any exclusion made by the installation State does not exceed such established limits. The criteria for excluding nuclear installations and the maximum limits for excluding small amounts of nuclear material are reviewed periodically by the Board of Governors.

ARTICLE I A

1. This Convention applies to nuclear damage, regardless of where it is caused. 2. However, the legislation of the State responsible for the installation may exclude from the scope of this Convention damage caused - (a) in the territory of a State that is not a Contracting State; or (b) in any maritime zones established by a State that is not a Contracting State in accordance with international maritime law. 3. The exception under paragraph 2 of this Article may apply only to a non-Contracting State that, at the time of the incident, (a) has a nuclear installation on its territory or in any maritime zones designated by it in accordance with international maritime law; and (b) does not provide equivalent mutual benefits. 4. Any exception under paragraph 2 of this Article shall not affect the rights referred to in subparagraph (a) of paragraph 2 of Article IX, and any exception under paragraph 2 (b) of this Article shall not apply to damage caused on board or to a ship or aircraft.

ARTICLE I IN

This Convention does not apply to nuclear installations used for non-peaceful purposes.

ARTICLE II

1. The operator of a nuclear installation is liable for nuclear damage if it is proven that such damage was caused by a nuclear incident - a) at his nuclear installation; or b) related to nuclear material received from such installation or produced in his nuclear installation, and occurred - i) before the operator of another nuclear installation assumed responsibility for regarding nuclear incidents involving this nuclear material in accordance with the explicit terms of the written contract; (ii) In the absence of such explicit conditions, before this nuclear material is placed at the disposal of the operator of another nuclear installation; or (iii) if this nuclear material is intended for use in a nuclear reactor equipped with a means of transport for use as an energy source for powering this means of transport or for any other purpose, - until this nuclear material is placed at the disposal of a person authorized to operate such a reactor properly.; but (iv) If this nuclear material has been sent to any person within the territory of a State other than a Contracting State, prior to unloading it from the means of transport by which it was delivered to the territory of that State other than a Contracting State.; (c) Related to nuclear material sent to its nuclear installation and occurring - (i) after it has accepted responsibility from the operator of another nuclear installation, in accordance with the express terms of a written contract, for nuclear incidents related to this nuclear material; (ii) in the absence of such express conditions - after receipt of this nuclear material at his disposal; or (iii) after this nuclear material has been placed at his disposal by the person operating the nuclear reactor, which is equipped with a means of transport for use as an energy source for powering this means of transport or for any other purpose; but (iv) If, with the written consent of that operator, this nuclear material has been sent from any person within the territory of a State other than a Contracting State, only after it has been loaded onto the means of transport by which it is to be removed from the territory of that State; provided that if nuclear damage is caused by a nuclear incident occurring at a nuclear installation and related to nuclear material stored there in connection with the transportation of such material, the provisions of subparagraph (a) of this paragraph shall not apply if only another operator or only another person is responsible in accordance with the provisions of subparagraph (b).) or c) of this paragraph. 2. The State responsible for the installation may provide in legislation that, in accordance with conditions that may be established therein, a carrier of nuclear material or a person dealing with radioactive waste may, at its request and with the consent of the operator concerned, be designated or recognized as an operator instead of that operator in respect of such nuclear material or radioactive waste. waste, respectively. In this case, such carrier or such person shall be considered, for all purposes of this Convention, as the operator of a nuclear installation located within the territory of that State. 3. a) If nuclear damage is associated with the liability of more than one operator, these operators, since the share of each of them in this damage cannot be reasonably allocated, bear joint and several liability. The State responsible for the installation may limit the amount of public funds allocated for each incident to the difference, if any, between the amounts so determined and the amount established in accordance with paragraph 1 of Article V. (b) If a nuclear incident occurs during the transportation of nuclear material on the same means of transport or in the case of storage in connection with transportation on the same nuclear installation and causes nuclear damage involving the liability of more than one operator, the total amount of liability should not exceed the highest amount applicable to any of the in accordance with Article V. (c) In none of the cases referred to in subparagraphs (a) and (b) of this paragraph shall the liability of each operator exceed the amount applicable to it in accordance with Article V. 4. Subject to the provisions of paragraph 3 of this Article, if several nuclear installations of the same operator are involved in the same nuclear incident, such operator shall be liable for each of these nuclear installations up to the amount applicable to it in accordance with Article V. The State responsible for the installation may limit the amount of public funds allocated, as provided for in subparagraph (a) of paragraph 3 of this Article. 5. Except as otherwise provided in this Convention, no person other than the operator shall be liable for nuclear damage. However, this does not affect the application of any international convention in the field of transport that is in force or open for signature, ratification or accession on the date on which this Convention is opened for signature. 6. No person shall be liable for loss or damage other than nuclear damage in accordance with subparagraph (k) of paragraph 1 of Article I, but which could be designated as such damage in accordance with the provisions of that subparagraph. 7. A direct action is initiated against the person providing financial security in accordance with Article VII, if this is provided for by the law of the competent court.

ARTICLE III

The operator who is responsible under this Convention shall provide the carrier with a certificate issued by or on behalf of the insurer or another financial guarantor providing the financial security required in accordance with Article VII. However, the installation State may exclude this obligation in respect of transportation performed entirely within its own territory. The certificate indicates the name and address of this operator, as well as the amount, type and duration of the security, and this information cannot be disputed by the person who issued or on whose behalf the certificate was issued. The certificate also indicates the nuclear material for which the security is applied, and it includes a statement from the competent State authority responsible for the installation of the State that the named person is the operator within the meaning of this Convention.

ARTICLE IV

1. The operator's liability for nuclear damage under this Convention is absolute. 2. If the operator proves that the nuclear damage occurred in whole or in part, either as a result of the gross negligence of the person who suffered the damage, or as a result of the act or omission of such person with intent to cause damage, the competent court may, if provided for by its law, release the operator in whole or in part from his obligation to pay compensation in respect of this damage. caused to such a person. 3. No liability under this Convention is imposed on the operator if he proves that nuclear damage was caused directly as a result of an armed conflict, military operations, civil war or uprising. 4. When both nuclear damage and non-nuclear damage are caused by a nuclear incident or jointly by a nuclear incident and one or more other incidents, such non-nuclear damage, to the extent that it cannot reasonably be separated from nuclear damage, shall be considered, for the purposes of this Convention, nuclear damage caused by that nuclear incident. However, if the damage is caused jointly by a nuclear incident falling within the scope of this Convention and the release of ionizing radiation not falling within its scope, nothing in this Convention limits or otherwise affects the liability of any person to whom nuclear damage has been caused, as well as a recourse claim or a claim for compensation - any person who may be found responsible in connection with this release of ionizing radiation. 5. The operator shall not be liable under this Convention for nuclear damage caused to: (a) the nuclear installation itself or any other nuclear installation, including a nuclear installation under construction, at the site where the specified installation is located; and (b) any property at the same site that is used or should be used in connection with any such installation. 6. Compensation for damage caused to the means of transport on which the nuclear material was located during the nuclear incident does not entail a reduction in the operator's liability for other damage to an amount of less than or 150 million rubles. SDR, or any other higher amount established by the legislation of the Contracting Party, or the amount established in accordance with subparagraph (c) of paragraph 1 of Article V. 7. Nothing in this Convention affects the liability of any natural person for nuclear damage for which the operator, by virtue of paragraph 3 or 5 of this Article, is not liable under this Convention and which this natural person caused by an act or omission with the intent to cause damage.

ARTICLE V

1. The operator's liability may be limited by the State responsible for the installation in respect of any one nuclear incident, or - a) not less than 300 million SDR; or b) not less than 150 million. The SDR is provided that the State allocates public funds in excess of this amount, up to at least 300 million rubles, to compensate for nuclear damage. SDR; or (c) for a maximum of 15 years from the date of entry into force of this Protocol, a transitional amount of at least 100 million. The SDR is in relation to a nuclear incident occurring during this period. An amount of less than 100 million can be set. SDR is provided that this State allocates public funds for nuclear damage compensation in the amount between this lower amount and SDR 100 million. 2. Regardless of paragraph 1 of this Article, the State responsible for the installation, taking into account the nature of the nuclear installation or related nuclear substances and the likely consequences of the incident of which they are the source, may determine a lower amount of liability for the operator, provided that in no case will any amount so determined be less than 5 million SDR, and provided that the State responsible for the installation ensures the allocation of public funds up to the amount established in accordance with paragraph 1. 3. The amounts established by the State responsible for the installation of the responsible operator in accordance with paragraphs 1 and 2 of this Article, as well as paragraph 6 of Article IV, shall apply in all cases where there is a nuclear incident.

ARTICLE V A

1. The amount of interest and costs determined by the court in connection with nuclear damage compensation claims shall be paid in addition to the amounts referred to in Article V. 2. The amounts referred to in Article V and paragraph 6 of Article IV may be rounded into the national currency.

ARTICLE V IN

Each Contracting Party shall ensure that persons who have suffered damage can exercise their rights to compensation without initiating separate proceedings in accordance with the origin of the funds provided for such compensation.

ARTICLE V C

1. If the courts having jurisdiction are the courts of a Contracting Party other than the State responsible for the installation, the public funds required under subparagraphs (b) and (c) of paragraph 1 of Article V and paragraph 1 of Article VII, as well as the amount of interest and costs determined by the court, may be provided by the initially designated Contracting Party. The State responsible for the installation shall refund to the other Contracting Party any such amounts paid. The two Contracting Parties agree on the return procedure. 2. If the courts with jurisdiction are the courts of a Contracting Party other than the installation State, the Contracting Party whose courts have jurisdiction shall take all necessary measures to enable the installation State to enter into legal proceedings and participate in any settlement regarding compensation.

ARTICLE V D

1. The Director General of the International Atomic Energy Agency shall convene a meeting of the Contracting Parties to amend the limits of liability referred to in Article V, if one third of the Contracting Parties expresses a wish to do so. 2. Amendments shall be approved by a two-thirds majority vote of the Contracting Parties present and voting, provided that at least half of the Contracting Parties are present during the voting. 3. When deciding on a proposal to change the limits of liability, the Meeting of the Contracting Parties takes into account, in particular, the risk of damage as a result of a nuclear incident, changes in exchange rates, as well as the capacity of the insurance market. 4. (a) The Director General of the IAEA shall notify all Contracting Parties of any amendment approved in accordance with paragraph 2 of this Article, with a view to its acceptance. The amendment is considered accepted 18 months after the notification, provided that at least one third of the Contracting Parties, upon approval of the amendment by the meeting, informed the Director General of the IAEA of their acceptance of the amendment. An amendment adopted in accordance with this paragraph shall enter into force 12 months after its acceptance for those Contracting Parties that have accepted it. (b) If, within 18 months from the date of notification for the purpose of accepting the amendment, it has not been accepted in accordance with subparagraph (a), the amendment shall be deemed not to have been accepted. 5. For each Contracting Party accepting an amendment after it has been adopted but has not entered into force, or after its entry into force in accordance with paragraph 4 of this Article, the amendment shall enter into force 12 months after its acceptance by that Contracting Party. 6. A State that becomes a Party to this Convention after the entry into force of an amendment in accordance with paragraph 4 of this Article, in the absence of any other expressed intention of that State, (a) shall be considered a Party to this Convention as amended.; and (b) is considered a Party to this Convention without amendment in respect of any State Party not bound by the amendment.

ARTICLE VI

1. (a) The rights to compensation under this Convention shall expire if an action is not initiated within - i) thirty years from the date of the nuclear incident in respect of death and bodily injury; ii) ten years from the date of the nuclear incident in respect of other damage. (b) If, however, according to the legislation of the State responsible for the installation, the operator's liability is covered by insurance or other financial security, including public funds, for a longer period, the law of the competent court may provide that the rights to receive compensation from the operator are lost only after such a longer period, not exceeding the period in which during which his liability is covered in this way according to the legislation of the State responsible for the installation. (c) Claims for compensation for death or bodily injury or, subject to an extension under subparagraph (b) of this paragraph, for other damages initiated after a period of ten years from the date of the nuclear incident shall in no way affect the rights of any person to compensation under this Convention who has brought an action against the operator before the expiration of this period. 2. EXCLUDED 3. The right to compensation under this Convention shall be subject to the limitation period or the period of loss of the right, as provided for by the law of the competent court, if the claim is not initiated within three years from the date on which the person who suffered the damage learned or there are grounds to believe that he should have learned about the damage and about the operator responsible for damage, provided that the periods established in accordance with subparagraphs (a) and (b) of paragraph 1 of this Article are not exceeded. 4. Unless otherwise provided by the law of the competent court, any person who claims to have suffered nuclear damage and who has filed a claim for compensation during the period applicable under this Article may amend his claims to take into account any aggravation of such damage, even after the expiration of such period, provided that The final court decision has not yet been rendered. 5. If jurisdiction is to be determined in accordance with subparagraph (b) of paragraph 3 of Article XI and, within the time limit applicable in accordance with this Article, an application is made to one of the Contracting Parties authorized to determine this, but the period remaining from the date of such determination does not exceed six months, the period for bringing an action shall be set at six months starting from the specified date.

ARTICLE VII

1. (a) The operator is required to maintain insurance or other financial security covering his liability for nuclear damage in such amount, type and under such conditions as the State responsible for the installation determines. The State responsible for the installation shall ensure the payment of compensation for satisfied claims against the operator for nuclear damage by providing the necessary funds to the extent that the amount of insurance or other financial security is insufficient to meet such claims, but not above the limit, if any, established in accordance with Article V. In the event that the operator's liability is unlimited, the State responsible for the installation may set a financial security limit for the responsible operator, provided that such limit is at least 300 million SDR. The State responsible for the installation shall ensure the payment of compensation for satisfied claims against the operator for nuclear damage to the extent that the amount of financial security is insufficient to meet such claims, but not higher than the amount of financial security provided in accordance with this paragraph. (b) Regardless of subparagraph (a) of this paragraph, if the operator's liability is unlimited, the installation State, taking into account the nature of the nuclear installation or related nuclear substances and the likely consequences of the incident of which they are the source, may establish a lower amount of financial security for the operator, provided that in no case any amount The amount established in this way will not be less than 5 million. SDRs, and provided that the State responsible for the installation ensures the payment of compensation for satisfied claims against the operator for nuclear damage by providing the necessary funds to the extent that the amount of insurance or financial security is insufficient to meet such claims, and up to the limit provided in accordance with subparagraph (a) of this paragraph. 2. Nothing in paragraph 1 of this Article requires a Contracting Party or any of its constituent State entities, such as states or republics, to provide insurance or other financial security to cover their liability as operators. 3. Funds provided by insurance, other financial security or the State responsible for the installation in accordance with paragraph 1 of this Article or sub-paragraphs (b) and (c) of paragraph 1 of Article V, are intended solely for compensation payable in accordance with this Convention. 4. Neither the insurer nor any other person who has provided financial security may suspend or terminate insurance or other financial security provided in accordance with paragraph 1 of this Article without notifying the competent government authority in writing at least two months in advance, or when such insurance or other financial security concerns the transportation of nuclear material., during the specified transportation period.

ARTICLE VIII

1. Subject to the provisions of this Convention, the nature, form and amount of compensation, as well as the equitable distribution of compensation, shall be determined by the law of the competent court. 2. Subject to the application of the provisions of subparagraph (c) of paragraph 1 of Article VI, in cases where, in connection with claims brought against the operator for damages to be reimbursed under this Convention, exceeds or may exceed the maximum amount provided under paragraph 1 of Article V, priority in the allocation of compensation shall be given to claims relating to death or bodily injury.

ARTICLE IX

1. If the provisions of State or public health insurance, social insurance, social security, occupational accident compensation or occupational disease compensation systems include compensation for nuclear damage, the rights of persons using such systems to receive compensation under this Convention and the rights of recourse by virtue of such systems against the responsible operator are determined, subject to the provisions of this Convention, the legislation of the Contracting Party in which such systems are installed, or the rules of the intergovernmental organization that established such systems. 2. (a) If a person who is a national of a Contracting Party, with the exception of the operator, has paid compensation for nuclear damage in accordance with an International Convention or under the law of a State other than a Contracting State, such person shall acquire, within the amount that he has paid, by way of subrogation, the rights under this Convention belonging to the person who received such a refund. No person thus acquires rights to the extent that the operator has the right of recourse in respect of such person under this Convention. (b) Nothing in this Convention prevents an operator who has paid compensation for nuclear damage from funds other than those provided in accordance with paragraph 1 of Article VII from receiving back from the person providing financial security in accordance with the said paragraph or from the installation State up to the amount that he has paid; the amount that the person who received such compensation would have received in accordance with this Convention.

ARTICLE X

The operator has the right of recourse only - a) if this right is clearly provided for in a written contract; or b) if a nuclear incident occurred as a result of an act or omission with intent to cause damage - against an individual who acted or omitted with such intent. In addition, the right of recourse provided for in this Article may be extended so that it can be used by the State responsible for the installation, insofar as it provides public funds in accordance with this Convention.

ARTICLE XI

1. Except as otherwise provided in this Article, jurisdiction in respect of claims under Article II is only available to the courts of the Contracting Party in whose territory the nuclear incident occurred. 1 bis. If a nuclear incident occurs within the area of the exclusive economic zone of a Contracting Party or, if no such zone has been established, in an area not exceeding the limits of the exclusive economic zone, if one had been established, only the courts have jurisdiction over claims for compensation for nuclear damage resulting from this nuclear incident, for the purposes of this Convention. this Side. The preceding sentence applies if that Contracting Party notified the Depositary of such an area before the nuclear incident occurred. Nothing in this paragraph shall be interpreted as authorizing the exercise of jurisdiction in a manner contrary to international maritime law, including the United Nations Convention on the Law of the Sea. 2. If a nuclear incident does not occur within the territory of any Contracting Party or within an area notified in accordance with paragraph 1 bis, or if the location of the nuclear incident cannot be precisely determined, the courts of the installation State of the responsible operator have jurisdiction over such claims. 3. If, according to paragraph 1, 1 bis or 2 of this Article, the courts of more than one Contracting Party may have jurisdiction, then: (a) if the nuclear incident occurred partly outside the territory of any Contracting Party and partly within the territory of one Contracting Party, the courts of the latter; and (b) in any other case, the courts of that Party A Contracting Party that is determined by an agreement between the Contracting Parties whose courts would be competent in accordance with paragraph 1 or 2 of this Article. 4. A Contracting Party whose courts have jurisdiction ensures that only one of its courts has jurisdiction over any one nuclear incident.

ARTICLE XI A

The Contracting Party whose courts have jurisdiction shall ensure that, in respect of claims for compensation for nuclear damage, (a) any State may bring an action on behalf of nuclear damage victims who are nationals of that State or have permanent or temporary residence in its territory and who have consented to do so; and (b) any person could have brought an action in order to ensure the exercise of rights under this Convention acquired by way of their subrogation or assignment.

ARTICLE XII

1. A judgment that is no longer subject to review in the usual forms, rendered by a court of a Contracting Party having jurisdiction, is recognized, except in cases - (a) when the judgment was obtained fraudulently; (b) when the party against whom the judgment was rendered was not given a sufficient opportunity to present his case; or (c) when The court decision contradicts the public order of the Contracting Party, within whose territory recognition is required, or does not comply with the basic norms of justice. 2. A court decision that is recognized in accordance with paragraph 1 of this Article, upon its submission for execution in accordance with the formalities required by the legislation of the Contracting Party in which it is to be executed, shall be binding, as if it were a court decision of that Contracting Party. The substance of the claim on which such a court decision has been rendered is not subject to subsequent proceedings.

ARTICLE XIII

1. This Convention and the national legislation to be applied in accordance with it shall be applied without discrimination on the basis of nationality, permanent or temporary residence. 2. Regardless of paragraph 1 of this Article, insofar as the compensation for nuclear damage exceeds 150 million The legislation of the State responsible for the installation may derogate from the provisions of this Convention with respect to nuclear damage caused in the territory or in any maritime zone established in accordance with international maritime law of another State that has a nuclear installation in such territory at the time of the incident, insofar as it does not provide mutual benefits. of an equivalent size.

ARTICLE XIV

With the exception of enforcement measures, immunities from jurisdiction under national law or international law may not be invoked when actions are brought under this Convention before courts that are competent in accordance with Article XI.

ARTICLE XV

The Contracting Parties shall take appropriate measures to ensure that compensation for nuclear damage, interest and legal costs imposed by a court in connection with nuclear damage, insurance and reinsurance premiums, as well as amounts provided by insurance, reinsurance or other financial security, or amounts provided by the State responsible for the installation, in accordance with this Convention, were freely transferred into the currency of the Contracting Party within whose territory this damage was suffered, and into the currency of that Contracting Party, within the territory where the plaintiff usually resides, and as for insurance or reinsurance premiums and payments - in the currencies specified in such insurance or reinsurance contract.

ARTICLE XVI

No person is entitled to receive compensation under this Convention in the amount that he has already received compensation for the same nuclear damage under another international convention on civil liability in the field of nuclear energy.

ARTICLE XVII

This Convention does not affect, as far as the parties to them are concerned, the application of any international agreements or international conventions on civil liability in the field of nuclear energy in force, open for signature, ratification or accession on the date of the opening for signature of this Convention.

ARTICLE XVIII

This Convention does not affect the rights and obligations of a Contracting Party under the general rules of public international law.

ARTICLE XIX

1. Any Contracting Party concluding an agreement pursuant to subparagraph (b) of paragraph 3 of Article XI shall immediately submit a copy of such agreement to the Director General of the International Atomic Energy Agency for information and dissemination to other Contracting Parties. 2. The Contracting Parties shall submit to the Director General, for information and dissemination to the other Contracting Parties, the texts of their laws and regulations relating to matters covered by this Convention.

ARTICLE XX

EXCLUDED

ARTICLE XX A

1. In the event of a dispute between the Contracting Parties concerning the interpretation or application of this Convention, the parties to the dispute shall consult with a view to resolving the dispute through negotiation or any other peaceful means of dispute settlement acceptable to them. 2. If a dispute of the nature referred to in paragraph 1 of this Article cannot be settled within six months from the date of the request for consultations in accordance with paragraph 1 of this Article, it shall, at the request of any party to such dispute, be submitted to arbitration or referred to the International Court of Justice for decision. In the event of a dispute being submitted to arbitration, if within six months from the date of the request the parties to the dispute cannot agree on the organization of the arbitration, one of the parties may request the President of the International Court of Justice or the Secretary-General of the United Nations to appoint one or more arbitrators. In case of conflicting requests from the parties to the dispute, an appeal to the Secretary-General of the United Nations shall have priority. 3. Upon ratification, acceptance, approval or accession to this Convention, a State may declare that it does not consider itself bound by either one or both of the dispute settlement procedures provided for in paragraph 2 of this Article. The other Contracting Parties are not bound by any dispute settlement procedure provided for in paragraph 2 of this Article, as far as the Contracting Party for which such a declaration is valid is concerned. 4. A Contracting Party that has made a declaration in accordance with paragraph 3 of this Article may at any time withdraw this declaration by notifying the Depositary.

ARTICLE XXI

EXCLUDED

ARTICLE XXII

EXCLUDED

ARTICLE XXIII

EXCLUDED

ARTICLE XXIV

EXCLUDED

ARTICLE XXV

EXCLUDED

ARTICLE XXVI

The Director General of the International Atomic Energy Agency shall convene a conference to review this Convention at any time after five years from the date of its entry into force, if so desired by one third of the Contracting Parties.

ARTICLE XXVII

EXCLUDED

ARTICLE XXVIII

This Convention will be registered by the Director General of the International Atomic Energy Agency in accordance with Article 102 of the Charter of the United Nations.

ARTICLE XXIX

EXCLUDED

PROTOCOL ON AMENDMENTS TO THE VIENNA CONVENTION ON CIVIL LIABILITY FOR NUCLEAR DAMAGE

On behalf of the Director General of the International Atomic Energy Agency, as the depositary of the Protocol amending the Vienna Convention on Civil Liability for Nuclear Damage, adopted in Vienna on September 12, 1997, I hereby certify that the attached document is an authentic and complete copy of the original of the aforementioned Protocol.

Johann Ruathenbach

Director of the Bureau of Legal Affairs

For the CEO

PROTOCOL ON AMENDMENTS TO THE VIENNA CONVENTION ON CIVIL LIABILITY FOR NUCLEAR DAMAGE

THE STATES PARTIES TO THIS PROTOCOL, CONSIDERING it desirable to amend the Vienna Convention on Civil Liability for Nuclear Damage of May 21, 1963, to provide for a broader scope, higher liability for the operator of a nuclear installation and enhanced means of ensuring adequate and fair compensation, HAVE AGREED as follows:

ARTICLE 1

The Convention to which the provisions of this Protocol are being amended is the Vienna Convention on Civil Liability for Nuclear Damage of May 21, 1963, hereinafter referred to as the "Vienna Convention of 1963".

ARTICLE 2

Article I of the 1963 Vienna Convention is amended as follows: 1. Paragraph 1 (j) is amended as follows: (a) At the end of subparagraph (ii), the conjunction "and" is deleted and placed at the end of subparagraph (iii). (b) The following new subparagraph (iv) is added: (iv) Such other installations containing nuclear fuel or radioactive products or waste as may be determined from time to time by the Board of Governors of the International Atomic Energy Agency. 2. Paragraph 1 (k) is replaced by the following text: (k) "Nuclear damage" means - i) death or bodily injury; (ii) Loss of property or damage to property; and the following for each subparagraph, within the limits prescribed by the law of the competent court: (iii) Economic losses resulting from the losses or damages referred to in subparagraph (i) or (ii), insofar as they are not covered by those subparagraphs, if they are incurred by a person entitled to bring an action in respect of such losses or damages; (iv) The costs of measures to restore an environment whose condition has deteriorated, with the exception of minor deterioration, if such measures have actually been taken or should be taken, and insofar as this is not covered by subparagraph (ii); (v) The loss of income derived from an economic interest in any application or use of the environment resulting from significant deterioration of this environment and insofar as it is not covered by subparagraph (ii); (vi) the cost of preventive measures and the cost of further loss or damage caused by such measures; (vii) Any other economic losses in addition to any losses caused by environmental degradation, if permitted by the general law on civil liability of the competent court, in the case of sub-paragraphs (i) - (v) and (vii) above to the extent that the loss or damage results from or is the result of ionizing radiation emitted by any source of radiation inside a nuclear installation or emitted by nuclear fuels or radioactive products or waste in a nuclear installation or nuclear material coming from, produced in, or shipped to a nuclear installation regardless of whether they arise due to the radioactive properties of such a substance or a combination of radioactive properties with toxic, explosive or other dangerous properties of such a substance. 3. Paragraph 1 (l) is replaced by the following new text: (l) "Nuclear incident" means any incident or series of incidents of the same origin that causes nuclear damage or, but only with respect to preventive measures, poses a serious and imminent threat of causing such damage. 4. After paragraph 1 (l), the following four new paragraphs are added: 1 (m), 1 (n), 1 (o) and 1 (p): (m) "Restoration measures" means any reasonable measures that have been approved by the competent authorities of the State where the measures were taken and which are aimed at restoring or reconstructing damaged or destroyed buildings. environmental components or the introduction, where justified, of an equivalent of these components into the environment. The law of the State in which the damage was caused determines who has the right to take such measures. (n) "Preventive measures" means any reasonable measures taken by any person after a nuclear incident has occurred to prevent or minimize the damage referred to in subparagraphs (k) (i) to (v) or (vii), subject to any approval by the competent authorities required in accordance with with the law of the State in which the measures are being taken. (o) "Reasonable measures" means measures that, according to the law of the competent court, are deemed acceptable and proportionate, taking into account all the circumstances, for example: (i) the nature and extent of the damage caused or, in the case of preventive measures, the nature and degree of risk of such damage; (ii) the extent to which, at the time of taking the measures, they are likely to will be effective; and (iii) appropriate scientific and technical expertise. (p) "Special drawing rights", hereinafter referred to as "SDR", means a unit of account defined by the International Monetary Fund and used by it for its own operations and transactions. 5. Paragraph 2 is replaced by the following text: 2. The installation State may, if the small amount of risk involved permits, exclude any nuclear installation or any small amounts of nuclear material from the scope of application of this Convention, provided that (a) in respect of nuclear installations, the criteria for such exclusion are established by the Board of Governors of the International Atomic Energy Agency and any exception is made by the The installation by the state satisfies the following criteria; and (b) For small quantities of nuclear material, the maximum exclusion limits for such quantities are set by the Board of Governors of the International Atomic Energy Agency and any exclusion made by the installation State does not exceed such established limits. The criteria for excluding nuclear installations and the maximum limits for excluding small amounts of nuclear material are reviewed periodically by the Board of Governors.

ARTICLE 3

After Articles I of the Vienna Convention of 1963, the following new Articles are added: I A and I B.

ARTICLE I A

ARTICLE I IN

This Convention does not apply to nuclear installations used for non-peaceful purposes.

ARTICLE 4

Article II of the 1963 Vienna Convention is amended as follows: 1. The following text is added at the end of paragraph 3 (a): The State responsible for the installation may limit the amount of public funds allocated for each incident to the difference, if any, between the amounts so determined and the amount established in accordance with paragraph 1 of Article V. 2. The following text is added at the end of paragraph 4: The State responsible for the installation may limit the amount of public funds allocated, as provided for in subparagraph (a) of paragraph 3 of this Article. 3. Paragraph 6 is replaced by the following text: 6. No person shall be liable for loss or damage other than nuclear damage in accordance with subparagraph (k) of paragraph 1 of Article I, but which could be designated as such damage in accordance with the provisions of that subparagraph.

ARTICLE 5

After the first sentence in The following text is added to article III of the Vienna Convention of 1963: However, the installation State may exclude this obligation in relation to transportation performed entirely within its own territory.

ARTICLE 6

Article IV of the 1963 Vienna Convention is amended as follows: 1. Paragraph 3 is replaced by the following text: 3. No liability under this Convention shall be imposed on the operator if he proves that nuclear damage was caused directly as a result of an armed conflict, military operations, civil war or uprising. 2. Paragraph 5 is replaced by the following text: 5. The operator shall not be liable under this Convention for nuclear damage caused to: (a) the nuclear installation itself or any other nuclear installation, including a nuclear installation under construction, at the site where the specified installation is located; and (b) any property at the same site that is used or should be used in connection with any such installation. 3. Paragraph 6 is replaced by the following text: 6. Compensation for damage caused to the means of transport on which the nuclear material was located during the nuclear incident does not entail a reduction in the operator's liability for other damage to an amount of less than or 150 million rubles. SDR, or any other larger amount established by the legislation of the Contracting Party, or the amount established in accordance with subparagraph (c) of paragraph 1 of Article V. 4. Paragraph 7 is replaced by the following text: 7. Nothing in this Convention affects the liability of any natural person for nuclear damage for which the operator, by virtue of paragraph 3 or 5 of this Article, is not liable under this Convention and which this natural person caused by an act or omission with the intent to cause damage.

ARTICLE 7

1. Text Article V of the Vienna Convention of 1963 is replaced by the following text: 1. The operator's liability may be limited by the State responsible for the installation in respect of any one nuclear incident, or - a) not less than 300 million SDR; or b) not less than 150 million. The SDR is provided that the State allocates public funds in excess of this amount, up to at least 300 million rubles, to compensate for nuclear damage. SDR; or (c) for a maximum of 15 years from the date of entry into force of this Protocol, a transitional amount of at least 100 million. The SDR is in relation to a nuclear incident occurring during this period. An amount of less than 100 million can be set. SDR is provided that this State allocates public funds for nuclear damage compensation in the amount between this lower amount and SDR 100 million. 2. Regardless of paragraph 1 of this Article, the State responsible for the installation, taking into account the nature of the nuclear installation or related nuclear substances and the likely consequences of the incident of which they are the source, may determine a lower amount of liability for the operator, provided that in no case will any amount so determined be less than 5 million SDR, and provided that the State responsible for the installation ensures the allocation of public funds up to the amount established in accordance with paragraph 1.3. The amounts determined by the responsible operator's State responsible for the installation in accordance with paragraphs 1 and 2 of this Article, as well as paragraph 6 of Article IV, shall apply in all cases where a nuclear incident occurs. 2. After Articles V The following four new Articles are added: V A, V B, V C and V D:

ARTICLE V A

ARTICLE V IN

ARTICLE V C

ARTICLE V D

1. The Director General of the International Atomic Energy Agency shall convene a meeting of the Contracting Parties to amend the limits of liability referred to in Article V, if one third of the Contracting Parties so wish. 2. Amendments shall be approved by a two-thirds majority vote of the Contracting Parties present and voting, provided that at least half of the Contracting Parties are present during the voting. 3. When deciding on a proposal to change the limits of liability, the Meeting of the Contracting Parties takes into account, in particular, the risk of damage as a result of a nuclear incident, changes in exchange rates, as well as the capacity of the insurance market. 4. (a) The Director General of the IAEA shall notify all Contracting Parties of any amendment approved in accordance with paragraph 2 of this Article, with a view to its acceptance. The amendment is considered accepted 18 months after the notification, provided that at least one third of the Contracting Parties, upon approval of the amendment by the meeting, informed the Director General of the IAEA of their acceptance of the amendment. An amendment adopted in accordance with this paragraph shall enter into force 12 months after its acceptance for those Contracting Parties that have accepted it. (b) If, within 18 months from the date of notification for the purpose of accepting the amendment, it has not been accepted in accordance with subparagraph (a), the amendment shall be deemed not to have been accepted. 5. For each Contracting Party accepting an amendment after it has been adopted but has not entered into force, or after its entry into force in accordance with paragraph 4 of this Article, the amendment shall enter into force 12 months after its acceptance by that Contracting Party. 6. A State that becomes a Party to this Convention after the entry into force of an amendment in accordance with paragraph 4 of this Article, in the absence of any other expressed intention of that State, (a) shall be considered a Party to this Convention as amended.; and (b) is considered a Party to this Convention without amendment in respect of any State Party not bound by the amendment.

ARTICLE 8

Article VI of the Vienna Convention of 1963 is amended as follows: 1. Paragraph 1 is replaced by the following text: 1. (a) The rights to compensation under this Convention shall expire if an action is not initiated within - i) thirty years from the date of the nuclear incident in respect of death and bodily injury; ii) ten years from the date of the nuclear incident in respect of other damage. (b) If, however, according to the legislation of the State responsible for the installation, the operator's liability is covered by insurance or other financial security, including public funds, for a longer period, the law of the competent court may provide that the rights to receive compensation from the operator are lost only after such a longer period, not exceeding the period in which during which his liability is covered in this way according to the legislation of the State responsible for the installation. (c) Claims for compensation for death or bodily injury or, subject to an extension under subparagraph (b) of this paragraph, for other damages initiated after a period of ten years from the date of the nuclear incident shall in no way affect the rights of any person to compensation under this Convention who has brought an action against the operator before the expiration of this period. 2. Paragraph 2 is deleted. 3. Paragraph 3 is replaced by the following text: 3. The right to compensation under this Convention shall be subject to the limitation period or the period of loss of the right, as provided for by the law of the competent court, if the claim is not initiated within three years from the date on which the person who suffered the damage learned or there are grounds to believe that he should have learned about the damage and about the operator responsible for damage, provided that the periods established in accordance with subparagraphs (a) and (b) of paragraph 1 of this Article are not exceeded.

ARTICLE 9

Article VII is amended as follows: 1. The following two sentences are added at the end of paragraph 1, and the paragraph thus modified becomes subparagraph (a) of this paragraph.: In the event that the operator's liability is unlimited, the State responsible for the installation may set a financial security limit for the responsible operator, provided that such limit is at least 300 million SDR. The State responsible for the installation shall ensure the payment of compensation for satisfied claims against the operator for nuclear damage to the extent that the amount of financial security is insufficient to meet such claims, but not higher than the amount of financial security provided in accordance with this paragraph. 2. Paragraph 1 includes the following new subparagraph (b): (b) Regardless of subparagraph (a) of this paragraph, if the operator's liability is not limited, the State responsible for the installation, taking into account the nature of the nuclear installation or related nuclear substances and the likely consequences of the incident of which they are the source, may establish a lower amount of financial security for the operator provided that in no case will any amount set in this way be less than 5 million. SDRs, and provided that the State responsible for the installation ensures the payment of compensation for satisfied claims against the operator for nuclear damage by providing the necessary funds to the extent that the amount of insurance or financial security is insufficient to meet such claims, and up to the limit provided in accordance with subparagraph (a) of this paragraph. 3. In paragraph 3, after the words "of this Article", the words "or sub-paragraphs (b) and (c) of paragraph 1 of Article V" are inserted.

ARTICLE 10

Article VIII of the 1963 Vienna Convention is amended as follows: 1. The text of Article VIII becomes paragraph 1 of this Article. 2. The following new paragraph 2 is added: 2. Subject to the application of the provisions of subparagraph (c) of paragraph 1 of Article VI, in cases where, in connection with claims brought against the operator for damages to be reimbursed under this Convention, exceeds or may exceed the maximum amount provided under paragraph 1 of Article V, priority in the allocation of compensation shall be given to claims relating to death or bodily injury.

ARTICLE 11

In the end The following new annex is added to Article X of the Vienna Convention of 1963: In addition, the right of recourse provided for in this Article may be extended so that it can be used by the State responsible for the installation, insofar as it provides public funds in accordance with this Convention.

ARTICLE 12

Article XI of the 1963 Vienna Convention is amended as follows: 1. The following new paragraph 1 bis is added: 1 bis. If a nuclear incident occurs within the area of the exclusive economic zone of a Contracting Party or, if no such zone has been established, in an area not exceeding the limits of the exclusive economic zone, if one had been established, only the courts have jurisdiction over claims for compensation for nuclear damage resulting from this nuclear incident, for the purposes of this Convention. this Side. The preceding sentence applies if that Contracting Party notified the Depositary of such an area before the nuclear incident occurred. Nothing in this paragraph shall be interpreted as authorizing the exercise of jurisdiction in a manner contrary to international maritime law, including the United Nations Convention on the Law of the Sea. 2. Paragraph 2 is replaced by the following text: 2. If a nuclear incident does not occur within the territory of any Contracting Party or within an area notified in accordance with paragraph 1 bis, or if the location of the nuclear incident cannot be precisely determined, the courts of the installation State of the responsible operator have jurisdiction over such claims. 3. In the first line of paragraph 3 and in subparagraph (b), insert ", 1 bis" after the number 1. 4. The following new paragraph 4 is added: 4. A Contracting Party whose courts have jurisdiction ensures that only one of its courts has jurisdiction over any one nuclear incident.

ARTICLE 13

After Article XI adds the following new Article XI A:

ARTICLE XI A

ARTICLE 14

Text Article XII of the Vienna Convention of 1963 is replaced by the following text:

ARTICLE XII

1. A judgment that is no longer subject to review in the usual forms, rendered by a court of a Contracting Party having jurisdiction, is recognized, except in cases - (a) when the judgment was obtained fraudulently; (b) when the party against whom the judgment was rendered was not given a sufficient opportunity to present his case; or (c) when The court decision contradicts the public order of the Contracting Party within whose territory recognition is required, or does not comply with the basic norms of justice. 2. A court decision that is recognized in accordance with paragraph 1 of this Article, upon its submission for execution in accordance with the formalities required by the legislation of the Contracting Party in which it is to be executed, shall be binding, as if it were a court decision of that Contracting Party. The substance of the claim on which such a court decision has been rendered is not subject to subsequent proceedings.

ARTICLE 15

Article XIII of the 1963 Vienna Convention is amended as follows: 1. The text of Article XIII becomes paragraph 1 of this Article. 2. The following new paragraph 2 is added: 2. Regardless of paragraph 1 of this Article, insofar as the compensation for nuclear damage exceeds 150 million The legislation of the State responsible for the installation may derogate from the provisions of this Convention with respect to nuclear damage caused in the territory or in any maritime zone established in accordance with international maritime law of another State that has a nuclear installation in such territory at the time of the incident, insofar as it does not provide mutual benefits. of an equivalent size.

ARTICLE 16

Text Article XVIII of the Vienna Convention of 1963 is replaced by the following text: This Convention does not affect the rights and obligations of a Contracting Party under the general rules of public international law.

ARTICLE 17

After Article XX of the Vienna Convention of 1963 adds the following new Article XX A:

ARTICLE XX A

ARTICLE 18

1. Articles XX - XXV, paragraphs 2, 3 and numbering of paragraph "1." Articles XXVI, Articles XXVII and XXIX of the Vienna Convention of 1963 are deleted. 2. The Vienna Convention of 1963 and this Protocol, with respect to the Parties to this Protocol, shall be understood and interpreted together as a single text, which may be referred to as the Vienna Convention on Civil Liability for Nuclear Damage of 1997.

ARTICLE 19

1. A State that is a Party to this Protocol but is not a Party to the 1963 Vienna Convention is bound by the provisions of this Convention, as amended by this Protocol, with respect to its other States Parties, and in the absence of any other intention expressed by that State at the time of the deposit of the instrument referred to in Article 20, It is bound by the provisions of the 1963 Vienna Convention in respect of States that are only parties to it. 2. Nothing in this Protocol affects the obligations of a State that is a Party to both the 1963 Vienna Convention and this Protocol in respect of a State that is a Party to the 1963 Vienna Convention but is not a Party to this Protocol.

ARTICLE 20

1. This Protocol shall be open for signature by all States at the Headquarters of the International Atomic Energy Agency in Vienna from September 29, 1997 until its entry into force. 2. This Protocol is subject to ratification, acceptance or approval by the signatory States. 3. After its entry into force, any State that has not signed this Protocol may accede to it. 4. The instruments of ratification, acceptance, approval or accession shall be deposited with the Director General of the International Atomic Energy Agency, who is the Depositary of this Protocol.

ARTICLE 21

1. This Protocol shall enter into force three months after the date of deposit of the fifth instrument of ratification, acceptance or approval. 2. For each State ratifying, accepting, approving or acceding to this Protocol after the deposit of the fifth instrument of ratification, acceptance or approval, this Protocol shall enter into force three months after the date of deposit by such State of the relevant instrument.

ARTICLE 22

1. Any Contracting Party may denounce this Protocol by written notification to the Depositary. 2. The denunciation shall take effect one year after the date of receipt of such notification by the Depositary. 3. With respect to the Parties to this Protocol, denunciation by any of them of the 1963 Vienna Convention in accordance with its Article XXVI shall in no way be considered as denunciation of the 1963 Vienna Convention as amended by this Protocol. 4. Regardless of the denunciation of this Protocol by a Contracting Party in accordance with this Article, the provisions of this Protocol shall continue to apply to any nuclear damage caused by a nuclear incident that occurred prior to the entry into force of such denunciation.

ARTICLE 23

The Depositary shall immediately notify the States Parties and all other States of: (a) each signature of this Protocol; (b) each deposit of an instrument of ratification, acceptance, approval or accession; (c) the entry into force of this Protocol; (d) any notification received in accordance with paragraph 1 bis of Article XI; (e) Requests to convene a review conference in accordance with Article XXVI of the 1963 Vienna Convention and a meeting of the Contracting Parties in accordance with Article V D of the 1963 Vienna Convention, as amended by this Protocol; (f) Notifications of denunciations received in accordance with Article 22 and other relevant notifications relating to this Protocol.

ARTICLE 24

1. The original of this Protocol, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Depositary. 2. The International Atomic Energy Agency shall issue the consolidated text of the 1963 Vienna Convention, as amended by this Protocol, in Arabic, Chinese, English, French, Russian and Spanish, which is contained in the annex to this Protocol. 3. The Depositary shall send certified copies of this Protocol to all States, together with the consolidated text of the 1963 Vienna Convention as amended by this Protocol.

IN WITNESS WHEREOF, the undersigned, being duly authorized thereto, have signed this Protocol.

Done at Vienna, this twelfth day of September, one thousand nine hundred and ninety-seven.

The RCPI's note. The following are the texts of the Convention and Protocol in Arabic, Chinese, English, French, and Spanish.

President

Republic of Kazakhstan

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