On Ratification of the Agreement between the Government of the Republic of Kazakhstan and the Government of the People's Republic of China on Cooperation in Preventing the Illegal Movement of Nuclear Materials, Radioactive Materials, Radioactive Waste and Radiation-hazardous Items

The Law of the Republic of Kazakhstan dated June 11, 2022 No. 125-VII SAM.

      To ratify the Agreement between the Government of the Republic of Kazakhstan and the Government of the People's Republic of China on Cooperation in Preventing the Illegal Movement of Nuclear Materials, Radioactive Materials, Radioactive Waste and Radiation-hazardous Items, concluded in Beijing on June 7, 2018.

     President of the Republic of Kazakhstan

K. TOKAEV

Agreement between the Government of the Republic of Kazakhstan and the Government of the People's Republic of China on Cooperation in Preventing the Illegal Movement of Nuclear Materials, Radioactive Materials, Radioactive Waste and Radiation-hazardous Items  

     (Entered into force on July 4, 2022, Bulletin of International Treaties of the Republic of Kazakhstan 2022, No. 3, Article 13)    

      The Government of the Republic of Kazakhstan and the Government of the People's Republic of China, hereinafter referred to as the Parties,  

     Convinced that customs control of nuclear and radioactive materials, radioactive waste, and radiation-hazardous items is essential for ensuring the radiation safety of the Parties and fulfilling international obligations in the field of radiation safety;

     Considering that the illegal movement of nuclear and radioactive materials across customs borders is a serious threat to the security of the States of the Parties;

      Recognizing the need to prevent the illegal movement of nuclear materials, radioactive materials, radioactive waste, and radiation-hazardous items;  

     have agreed on the following.

Article 1 Definition of terms    

     In order to implement this Agreement, the following terms are used:

     1. "nuclear materials" — plutonium, with the exception of plutonium with an isotope concentration exceeding 80% for plutonium-238, uranium-233, uranium enriched in isotopes of uranium-235 or uranium-233; uranium containing a mixture of isotopes occurring in nature in the form of differences from ore or ore residues, and any a material containing one or more of the above-mentioned elements; where "uranium enriched in isotopes of uranium-235 or uranium-233" means uranium containing isotopes of uranium-235 or uranium-233 or both isotopes in such an amount that the excess percentage of the sum of these isotopes in comparison with the isotope of uranium-238 is higher than the percentage of the isotope of uranium-235 in comparison with the isotope of uranium-238, occurring in nature; other materials containing or capable of reproducing fissile (fissionable) radionuclides;

     2. "radioactive materials" - substances not related to nuclear materials that emit ionizing radiation;

     3. "radioactive waste" means materials and substances that are not subject to further use, as well as equipment, products and spent radioactive substances, apparatuses or devices in which the content of radionuclides exceeds the level established by the relevant criteria, national norms and regulations.;

      4. "radiation-hazardous items" - equipment and products having, for various reasons, an increased level of ionizing radiation, including those contaminated with radionuclides, and containing radioactivity from natural radionuclides, the radiation characteristics of which exceed the values established by radiation safety standards and sanitary standards; prior to the determination of mutually recognized uniform standards of radiation control, the data The norms are the current radiation safety and sanitary standards in the country of import or the country through which transit is carried out.;  

     5. "radiation control" means a set of measures using technical means of radiation control carried out by the customs authorities of the States of the Parties in respect of goods, vehicles, international mail transported across the customs border of the Parties, as well as moving individuals and goods transported by them, in order to identify illegally transported nuclear, radioactive materials, radioactive waste and radiation-hazardous items;

     6. "Natural background radiation" is the radiation dose generated by cosmic radiation and radiation from natural radionuclides naturally distributed in the earth, water, air, other elements of the biosphere, food and the human body;

     7. "Ionizing radiation" is radiation consisting of charged, uncharged particles and photons that, when interacting with the medium, form ions of different signs.

Article 2 Objectives of the Agreement    

      The objectives of this Agreement are:    

     expansion and deepening of cooperation between the Parties in the field of customs control in order to prevent the illegal movement of nuclear, radioactive materials, radioactive waste, and radiation-hazardous items;

     ensuring the fulfillment of the Parties' international obligations in the field of radiation safety;

     ensuring radiation safety of citizens of the States of the Parties;

     prevention of importation into the territory of the States of the Parties of nuclear, radioactive materials, radioactive waste, radiation-hazardous items prohibited for import according to the legislation of the States of the Parties.

Article 3 Scope of cooperation

     1. The Parties shall cooperate in accordance with the legislation of the States of the Parties within the limits of their competence and capabilities in the field of preventing the illegal movement of nuclear, radioactive materials, radioactive waste and radiation-hazardous items across the Kazakh-Chinese customs border.

     2. The parties cooperate on the implementation of modern technologies and radiation monitoring equipment at checkpoints on the Kazakh-Chinese customs border, as well as on other issues of mutual interest.

     3. The Parties, by mutual agreement, conduct joint exercises and training seminars in order to coordinate and enhance the effectiveness of cooperation in combating the illegal movement of nuclear, radioactive materials, radioactive waste and radiation-hazardous items across the Kazakh-Chinese customs border.

Article 4 Control measures

     1. Nuclear and radioactive materials may be imported into the customs territory of the States of the Parties (including for the purpose of transit), exported from the customs territory of the States of the Parties in compliance with the requirements and conditions established by legislation and international treaties of the States of the Parties.

     2. The Parties shall carry out radiation control at checkpoints on the customs border of the Parties and places of international postal exchange in accordance with the legislation of each of the States of the Parties. At the same time, the Parties take into account the natural radiation background at the place of radiation control.

     3. Customs control and declaration of nuclear and radioactive materials, including their transit, are carried out in accordance with the legislation and international treaties of the States of the Parties.

     4. In case of non-compliance with the requirements of the legislation of the States of the Parties regarding the transportation of nuclear and radioactive materials, the export of such goods to the territory of the State of the other Party is not allowed.

     5. The Parties agreed to ensure the return (acceptance in unchanged condition) of goods and vehicles received from the territory of the other Party's State with a radiation background exceeding the standards established in the country of import, except for changes due to natural wear or natural loss during transportation, in order to take actions in accordance with the legislation of the States of the Parties.

      6. If, during radiation monitoring, the Parties identify different instrument readings regarding the level of ionizing radiation of goods and vehicles received from the territory of the other Party, the Parties have the right to organize joint radiation monitoring on the territory of the checkpoint where such readings were detected.  

      The procedure for joint radiation monitoring is determined by the working group of the Parties.        

Article 5 Exchange of information  

     1. In order to ensure effective cooperation, the Parties, in accordance with the legislation of their States, exchange information on:

     a) current national standards of radiation safety and sanitary standards;

     b) modern radiation control technologies used by the Parties or reference materials on the relevant equipment;

     c) violations of national legislation during the movement of nuclear, radioactive materials, radioactive waste and radiation-hazardous items across the customs border of the Parties;

     d) cases of return of nuclear, radioactive materials, radioactive waste and radiation-hazardous items transported, including through transit through the customs border of the Parties in violation of legislation, to the territory of the State from which the specified nuclear, radioactive materials, radioactive waste and radiation-hazardous items were exported.

     2. The format of information exchange will be coordinated by a joint working group consisting of representatives of the customs authorities of the States of the Parties and specialists from training centers (hereinafter referred to as the joint working group).

Article 6 Working Group

     In order to effectively implement this Agreement, the Parties shall establish a joint working group.

     1. The main objectives of the joint working group are:

     a) addressing issues related to the prevention of illegal movement of nuclear, radioactive materials, radioactive waste, and radiation-hazardous items;

b) determining the procedure for the return of goods and vehicles with a radiation background exceeding the standards established by the legislation of the Parties;

     c) agreeing on the format of information exchange, as well as the procedure for transmitting information and protecting it.

     2. The Joint Working Group is responsible for ensuring the proper functioning and application of this Agreement.

      3. Working meetings within the framework of the joint working group are held once a year alternately on the territory of the States of the Parties or in accordance with decisions taken as a result of mutual consultations.  

     4. The parties will determine the list of responsible persons of the joint working group and notify each other in writing. Each Party shall notify the other Party of a change in the list of contact details of the mentioned persons in writing or by electronic communication.

Article 7 Disputes and disagreements

     Disputes and disagreements arising from the application and interpretation of the provisions of this Agreement shall be resolved by the Parties through mutual consultations and negotiations.

Article 8 Amendments and additions

      By mutual agreement of the Parties, this Agreement may be amended and/or supplemented, which are an integral part of this Agreement and are formalized in separate protocols.  

Article 9 Entry into force

     This Agreement shall be concluded for an indefinite period and shall enter into force from the date of receipt through diplomatic channels of the last written notification by the Parties of the completion of the internal procedures necessary for its entry into force.

     This Agreement shall terminate upon the expiration of six months from the date of receipt by one of the Parties through diplomatic channels of a written notification by the other Party of the latter's intention to terminate it.

     Done in Beijing on June 7, 2018, in two original copies, each in the Kazakh, Chinese and Russian languages, all texts being equally authentic.

For the Government    

Republic of Kazakhstan

For the Government    

People's Republic of China

President    

Republic of Kazakhstan     

© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan  

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