On signing the International Convention for the Suppression of Acts of Nuclear Terrorism
Decree of the President of the Republic of Kazakhstan dated September 15, 2005 No. 1646
In order to ensure stability and implement measures to prevent, suppress and eliminate international terrorism and strengthen international cooperation between States, I HEREBY DECREE:
1. To sign the International Convention for the Suppression of Acts of Nuclear Terrorism on behalf of the Republic of Kazakhstan.
2. This Decree comes into effect from the date of signing.
President of the Republic of Kazakhstan
INTERNATIONAL CONVENTION FOR THE SUPPRESSION OF ACTS OF NUCLEAR TERRORISM
United Nations Organization 2005
The States Parties to this Convention, bearing in mind the purposes and principles of the Charter of the United Nations concerning the maintenance of international peace and security and the development of good-neighbourliness and friendly relations and cooperation among States, recalling the Declaration on the Occasion of the Fiftieth Anniversary of the United Nations of 24 October 1995., Recognizing the right of all States to develop and use atomic energy for peaceful purposes and their legitimate interest in obtaining possible benefits from the use of atomic energy for peaceful purposes, taking into account the Convention on the Physical Protection of Nuclear Material of 1980, deeply concerned about the escalation of acts of terrorism in all its forms and manifestations throughout the world, Recalling The Declaration on Measures to Eliminate International Terrorism, contained in the annex to General Assembly resolution 49/60 of 9 December 1994, in which, in particular, The United Nations Member States solemnly affirm that they unequivocally condemn as criminal and unjustifiable all acts, methods and practices of terrorism, wherever and by whomever they are carried out, including those that endanger friendly relations between States and peoples and threaten the territorial integrity and security of States, noting That the Declaration also invites States to urgently review the scope of application of existing international legal provisions on prevention, the suppression and elimination of terrorism in All Its forms and manifestations in order to ensure the existence of a comprehensive legal framework that includes all aspects of this issue, recalling General Assembly resolution 51/210 of 17 December 1996 and the Declaration contained in its annex supplementing the Declaration on Measures to Eliminate International Terrorism of 1994, recalling that, in pursuance of the resolution 51/210 of the General Assembly, an ad hoc committee was established to formulate, inter alia, the International Convention for the Suppression of Acts of Nuclear Terrorism in order to complement relevant existing international instruments, Noting that acts of nuclear terrorism can lead to the most serious consequences and may pose a threat to international peace and security, noting also that existing multilateral provisions of international law do not adequately address these attacks, convinced of the urgent need to strengthen international cooperation between States in developing and adopting effective, Taking practical measures to prevent such acts of terrorism and to prosecute and punish those responsible, noting that the actions of the armed forces of States are governed by international law outside the scope of this Convention and that the exclusion of certain acts from the scope of this Convention does not absolve from responsibility for otherwise illegal acts, does not make them lawful and does not prevent prosecution liability on the basis of other laws, have agreed on the following:
Article 1
For the purposes of this Convention: 1. "Radioactive material" means nuclear material and other radioactive substances that contain nuclides that decay spontaneously (a process accompanied by the emission of ionizing radiation of one or more types, for example alpha radiation, beta radiation, neutron radiation and gamma radiation), and which, by virtue of their radiological properties or the properties of its division can cause death, serious injury, or significant damage to property or the environment. 2. "Nuclear material" means plutonium, with the exception of plutonium with an isotope concentration exceeding 80 percent for plutonium-238; uranium-233; uranium enriched in the isotopes uranium-235 or uranium-233; uranium containing a mixture of isotopes naturally occurring in a form other than ore or ore residues; and any material containing one or more of the above 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, found in nature. 3. "Nuclear facility" means: (a) any nuclear reactor, including reactors installed on ships, vehicles, aircraft or space objects for use as an energy source to propel such ships, vehicles, aircraft or space objects, or for any other purpose; (b) Any facility or a means of transportation used for the production, storage, processing or transportation of radioactive material. 4. "Device" means: (a) Any nuclear explosive device; or (b) Any dispersing radioactive material or radiation-emitting device that, by virtue of its radiological properties, may cause death, serious injury, or significant damage to property or the environment. 5. "State or Government facility" means any permanent or temporary facility or vehicle used or occupied by representatives of a State, members of the Government, representatives of a legislative or judicial body, or officials or employees of a public authority or other government body or institution, or employees or officials of an intergovernmental organization in connection with the performance of their official duties.. 6. "Armed forces of a State" means the armed forces of a State that are organized, trained and equipped in accordance with its domestic law primarily to carry out national defense or security tasks, and persons acting in support of these armed forces, under their official command, control and responsibility.
Article 2
1. Any person commits an offence within the meaning of this Convention if he unlawfully and intentionally: (a) possesses radioactive material or manufactures or possesses a device: (i) with the intent to cause death or serious injury; or (ii) with the intent to cause substantial damage to property or the environment.; (b) Uses radioactive material or a device in any way, or uses or damages a nuclear facility in such a way that the release or risk of release of radioactive material occurs: (i) with the intent to cause death or serious injury; or (ii) with the intent to cause significant damage to property or the environment; or (iii) with the intent to force an individual or legal entity to a person, an international organization, or a State to commit or refrain from any action. 2. Any person also commits an offence if he: (a) threatens to commit the offence referred to in paragraph 1 (b) of this article, and there are signs indicating the reality of this threat; or (b) unlawfully and intentionally requires radioactive material, device or nuclear facility, while resorting to the threat in circumstances indicating the reality of this threat. threats, or the use of force. 3. Any person also commits a crime if he attempts to commit any of the crimes specified in paragraph 1 of this article. 4. Any person also commits an offence if he: (a) participates as an accomplice in the commission of any of the offences referred to in paragraphs 1, 2 or 3 of this article; or (b) organizes or directs other persons to commit any of the offences referred to in paragraphs 1, 2 or 3. of this article; or (c) in any other way contributes to the commission of one or more of the offences referred to in paragraphs 1, 2 or 3 of this article by a group of persons acting with a common purpose; Such assistance must be provided intentionally and either in order to support the general nature of the criminal activity or the purpose of the group, or with awareness of the group's intent to commit the relevant crime or crimes.
Article 3
This Convention does not apply in cases where the offence was committed in one State, the alleged offender and the victims are nationals of that State, the alleged offender is found on the territory of that State and no other State has grounds to exercise its jurisdiction in accordance with paragraph 1 or 2 of article 9, which does not exclude the application to these cases in appropriate circumstances. the circumstances of the provisions of articles 7, 12, 14, 15, 16 and 17.
Article 4
1. Nothing in this Convention affects other rights, obligations and obligations of States and individuals in accordance with international law, in particular in accordance with the purposes and principles of the Charter of the United Nations and international humanitarian law. 2. The actions of armed forces during an armed conflict, as these terms are understood in international humanitarian law, which are governed by this law, are not governed by this Convention, as well as the actions taken by the armed forces of a State in order to exercise their official functions, since they are governed by other norms of international law. 3. The provisions of paragraph 2 of this article shall not be interpreted as approving or making lawful otherwise illegal acts or as preventing prosecution on the basis of other laws. 4. This Convention does not address and in no way can be interpreted as addressing the issue of the legality of the use or threat of use of nuclear weapons by States.
Article 5
Each State Party shall take such measures as may be necessary: (a) to establish as criminal offences under its national law the acts referred to in article 2; (b) to impose appropriate penalties for these offences, taking into account the grave nature of these offences.
Article 6
Each State Party shall take such measures as may be necessary, including, where appropriate, in the field of domestic law, to ensure that criminal acts falling within the scope of this Convention, in particular those aimed at or calculated to create an environment of terror among a population, group of individuals or specific individuals, under no circumstances they were not subject to justification on any grounds of political, philosophical, ideological, racial, ethnic, religious or other similar nature and were punished according to their severity.
Article 7
1. States Parties shall cooperate by: (a) Taking all possible measures, including, where appropriate, adapting their national legislation, in order to prevent and counteract preparations within or outside their respective territories for the commission of the offences referred to in article 2, including measures to prohibit their territories of illegal activities of individuals, groups, and organizations that encourage, incite, or organize, intentionally finance or intentionally provide technical assistance or information or participate in the commission of these crimes; (b) Exchange accurate and verified information in accordance with their national legislation and in accordance with the procedure and conditions provided for in this article, and coordinate administrative and other measures taken, where necessary, in order to identify, prevent prevention and investigation of crimes specified in article 2, as well as for the purpose of bringing to criminal responsibility persons accused of committing such crimes. In particular, the State Party shall take appropriate measures to promptly inform the other States referred to in article 9 of the commission of the offences referred to in article 2, as well as of any known preparations for the commission of such offences, as well as to inform international organizations, where appropriate. 2. States Parties shall take appropriate measures consistent with their national legislation to protect the confidentiality of any information they receive from another State Party in confidence by virtue of the provisions of this Convention or as a result of their participation in activities carried out to implement this Convention. If the participating States provide information to international organizations confidentially, measures shall be taken to ensure the confidentiality of such information. 3. In accordance with this Convention, States Parties are not required to provide any information that they are not authorized to disseminate under national law or that could endanger the security of the State concerned or the physical protection of nuclear material. 4. The Participating States shall inform the Secretary-General of the United Nations of their competent authorities and contact points responsible for sending and receiving the information referred to in this article. The Secretary-General of the United Nations shall communicate such information about the competent authorities and contact points to all Participating States and the International Atomic Energy Agency. Such authorities and contact points should be accessible on a regular basis.
Article 8
For the purpose of preventing crimes within the meaning of this Convention, States Parties shall make every effort to take appropriate measures to ensure the protection of radioactive material, taking into account the relevant recommendations and functions of the International Atomic Energy Agency.
Article 9
1. Each State Party shall take such measures as may be necessary to establish its jurisdiction over the offences referred to in article 2 when: (a) the offence is committed in the territory of that State; or (b) the offence is committed on board a vessel flying the flag of that State or an aircraft registered under the laws of that State at the time of the commission of the offence; or (c) the offence was committed by a national of that State. 2. A State Party may also establish its jurisdiction over any such offence when: (a) the offence is committed against a national of that State; or (b) the offence is committed against a State or Government facility of that State abroad, including an embassy or premises of another diplomatic or consular mission of that State; or (c) the offence is committed by a stateless person. who usually resides on the territory of this State; or (d) the offence is committed in an attempt to coerce that State to commit or refrain from doing something; or (e) the offence is committed on board an aircraft operated by the Government of that State. 3. Upon ratification, acceptance, approval or accession to this Convention, each State Party shall notify the Secretary-General of the United Nations of the jurisdiction it has established in accordance with paragraph 2 of this article on the basis of its national legislation. In the event of any changes, the State Party concerned shall immediately notify the Secretary-General. 4. Each State Party shall also take such measures as may be necessary to establish its jurisdiction over the offences set forth in article 2 in cases where the alleged offender is present in its territory and it does not extradite him to any of the States Parties that have established their jurisdiction in accordance with paragraphs 1 or 2 of this article. articles. 5. This Convention does not exclude the exercise of criminal jurisdiction established by a State Party in accordance with its national legislation.
Article 10
1. Upon receiving information that an offence referred to in article 2 has been committed or is being committed in its territory or that a person who has committed or is alleged to have committed such an offence may be present in its territory, a State Party shall take such measures as may be necessary under its national law to investigate the facts stated in this information. 2. Having satisfied itself that the circumstances so require, the State Party in whose territory the offender or alleged offender is located shall take appropriate measures, in accordance with its national legislation, to ensure his presence for the purposes of criminal prosecution or extradition. 3. Any person against whom the measures referred to in paragraph 2 of this article are being taken has the right to: (a) immediately contact the nearest appropriate representative of the State of which he is a national or who is otherwise competent to protect the rights of that person, or, if he is a stateless person, with a representative of the State in whose territory he is has his habitual residence; (b) to be visited by a representative of that State; (c) to be informed of his rights under subparagraphs (a) and (b). 4. The rights referred to in paragraph 3 of this article shall be exercised in accordance with the legislation of the State in whose territory the offender or the alleged offender is located, and the said legislation should ensure that it is possible to fully achieve the purposes for which the rights granted in accordance with paragraph 3.5 are intended. The provisions of paragraphs 3 and 4 of this article are without prejudice to the right of any State Party claiming jurisdiction under article 9, paragraphs 1 (c) or 2 (c), to request the International Committee of the Red Cross to contact or visit the alleged offender. 6. After a State Party has taken a person into custody in accordance with this article, it shall, directly or through the Secretary-General of the United Nations, promptly inform the States Parties that have established jurisdiction in accordance with paragraphs 1 and 2 of article 9 and, if it deems it appropriate, any other interested States Parties of the finding of such person. the person in custody and the circumstances requiring his detention. The State conducting the investigation provided for in paragraph 1 of this article shall promptly inform the said States Parties of its findings and indicate whether it intends to exercise jurisdiction.
Article 11
1. The State Party in whose territory the alleged offender is located, in cases to which article 9 applies, if it does not extradite that person, is obliged, without any exceptions and regardless of whether the crime was committed on its territory or not, without undue delay, to transfer the case to its competent authorities for the purpose of criminal prosecution by conducting the proceedings in accordance with its legislation. These authorities make a decision in the same way as in the case of any other serious crime under the legislation of that State. 2. In all cases where the national legislation of a State Party allows it to extradite or otherwise transfer one of its nationals only on condition that the person will be returned to that State to serve his sentence following a verdict rendered as a result of judicial proceedings or proceedings before the court for which the extradition or transfer of that person was sought, Both this State and the State requesting the extradition of this person agree to this option and other conditions that they may consider appropriate., Such conditional extradition or transfer will be sufficient to fulfill the obligation referred to in paragraph 1 of this article.
Article 12
Any person who is taken into custody or against whom any other measures have been taken or proceedings are being conducted in accordance with this Convention is guaranteed fair treatment, including the enjoyment of all rights and guarantees in accordance with the laws of the State in whose territory that person is located and applicable provisions of international law, including provisions on human rights..
Article 13
1. The offences referred to in article 2 shall be deemed to be included as extraditable offences in any extradition treaty concluded between any State Party prior to the entry into force of this Convention. The participating States undertake to include such offences as extraditable offences in all extradition treaties that will subsequently be concluded between them. 2. When a State Party that makes extradition conditional on the existence of a treaty receives a request for extradition from another State Party with which it does not have an extradition treaty, the requested State may, at its discretion, consider this Convention as the legal basis for extradition in connection with the offences referred to in article 2. Extradition is subject to other conditions stipulated by the legislation of the requested State. 3. States Parties that do not make extradition conditional on the existence of a treaty shall consider the offences referred to in article 2 as extraditable offences in their relations with each other, subject to the conditions provided for by the legislation of the requested State. 4. If necessary, the offences referred to in article 2 shall be treated by the States Parties for the purposes of extradition as if they had been committed not only in the place where they were committed, but also in the territory of the States that have established their jurisdiction in accordance with paragraphs 1 and 2 of article 9.5. The provisions of all extradition treaties and agreements between the States Parties in connection with the offences referred to in article 2 shall be considered to have been modified in relations between the States Parties to the extent that they are incompatible with this Convention.
Article 14
1. The Participating States shall provide each other with the greatest possible assistance in connection with investigations, criminal proceedings or extradition proceedings initiated in respect of the offences referred to in article 2, including assistance in obtaining evidence in their possession necessary for the proceedings. 2. The Participating States shall implement their obligations under paragraph 1 of this article in accordance with any treaties or other arrangements on mutual legal assistance that may exist between them. In the absence of such treaties or arrangements, the participating States shall provide assistance to each other in accordance with their national legislation.
Article 15
None of the offences referred to in article 2 shall be considered, for the purposes of extradition or mutual legal assistance, as a political offence, or an offence related to a political offence, or an offence motivated by political motives. Therefore, a request for extradition or mutual legal assistance related to such a crime cannot be rejected solely on the grounds that it concerns a political crime or a crime related to a political crime or a crime motivated by political motives.
Article 16
Nothing in this Convention shall be interpreted as imposing an obligation to extradite a person or provide mutual assistance if the requested State Party has reasonable grounds to believe that a request for extradition in connection with the offences referred to in article 2 or for mutual legal assistance in respect of such offences is intended to prosecute or punish that person. persons because of their race, religion, nationality, ethnic origin or political beliefs, or that granting this request would prejudice the position of that person for any of these reasons.
Article 17
1. A person who is in custody or serving a prison sentence in one State Party and whose presence in another State Party is required for the purposes of giving evidence, identifying himself or otherwise assisting in obtaining evidence for the investigation or prosecution of offences under this Convention may be transferred subject to the following conditions: conditions: a) this person freely gives his consent on the basis of complete information; and (b) The competent authorities of both States have reached an agreement on such terms as those States may deem acceptable. 2. For the purposes of this article: (a) The State to which the person is transferred has the authority and obligation to detain the transferred person, unless the State that transferred the person has requested otherwise or authorized otherwise.; (b) The State to which the person has been transferred fulfills without delay its obligation to return the person to the custody of the State that previously transferred the person, as agreed in advance or as otherwise agreed by the competent authorities of both States: (c) The State to which the person has been transferred should not require the State that transferred the person This is the person initiating the extradition procedure for his return; (d) The transferred person, during the term of the sentence served in the State from which he was transferred, shall be credited with the period of detention in the State to which he was transferred. 3. Without the consent of the State Party from which a person is to be transferred in accordance with this article, that person, regardless of his nationality, shall not be subject to prosecution or detention and may not be subject to any other restriction on his personal freedom in the territory of the State to which the person is transferred, in particular in connection with the actions or sentences imposed on him before his departure from the territory of the State from which he was transferred.
Article 18
1. By seizing or otherwise taking control of radioactive materials, devices or nuclear facilities after the offence described in article 2 has been committed, the State Party in possession of such items shall: (a) take measures to neutralize the radioactive material, device or nuclear facility; (b) ensure that any nuclear The material was stored in accordance with the applicable safeguards of the International Atomic Energy Agency; and c) takes into account the recommendations on physical protection and standards in the field of health and safety published by the International Atomic Energy Agency. 2. Upon completion of any proceedings related to the offence described in article 2, or earlier, if required by international law, after consultations (in particular on the conditions of return and storage) with the States Parties concerned, any radioactive material, device or nuclear facility shall be returned to the State Party to which it belongs, the State Party, of which the natural or legal person who owns such radioactive material, device or facility is a national or resident, or the State Party, from the territory of which they were stolen or otherwise illegally obtained. 3. (a) If domestic or international law prohibits a State Party from returning or accepting such radioactive material, device, or nuclear facility, or if the States Parties concerned so agree, the State Party in possession of the radioactive material, device, or nuclear facility shall continue to take measures subject to paragraph 3 (b) of this article. described in paragraph 1 of this article; such radioactive materials, devices or nuclear facilities are used exclusively for peaceful purposes; (b) If it is illegal for a State Party in possession of radioactive material, devices or nuclear facilities to possess them, that State shall ensure that they are transferred as soon as possible to the disposal of a State for which such possession is lawful and which, where necessary, has given assurances conforming to the requirements of paragraph 1 of this article, in consultation with that State, for the purpose of their neutralization; Such radioactive materials, devices, or nuclear facilities are used exclusively for peaceful purposes. 4. If the radioactive materials, devices or nuclear facilities referred to in paragraphs 1 and 2 of this article do not belong to any of the Participating States or to a national or resident of the Participating State and have not been stolen or otherwise illegally obtained from the territory of the Participating State, or if none of the States wishes to receive such items in accordance with with paragraph 3 of this article, Subject to paragraph 3 (b) of this article, after consultations between the States concerned and any relevant international organizations, a separate decision shall be taken on how to dispose of it. 5. For the purposes of paragraphs 1, 2, 3 and 4 of this article, a State Party in possession of radioactive material, device or nuclear facility may request the assistance and cooperation of other States Parties, in particular interested States Parties, and any relevant international organizations, in particular the International Atomic Energy Agency. States Parties and relevant international organizations are encouraged to provide assistance in accordance with this paragraph to the maximum extent possible. 6. States Parties dealing with how to dispose of or preserve radioactive material, a device or a nuclear facility in accordance with this article shall inform the Director General of the International Atomic Energy Agency of the manner in which they have disposed of or preserved such an item. The Director General of the International Atomic Energy Agency shall transmit this information to the other participating States. 7. If proliferation has occurred in connection with the crime described in article 2, nothing in this article in any way affects the rules of international law governing liability for nuclear damage or other rules of international law.
Article 19
The State Party in which the alleged offender is being prosecuted shall, in accordance with its national legislation or applicable procedures, inform the Secretary-General of the United Nations of the final outcome of the proceedings, who shall transmit this information to the other States Parties.
Article 20
The States Parties shall consult with each other, directly or through the Secretary-General of the United Nations and with the assistance of international organizations, where appropriate, to ensure the effective implementation of this Convention.
Article 21
The Participating States shall implement their obligations under this Convention in a manner consistent with the principles of sovereign equality and territorial integrity of States and the principle of non-interference in the internal affairs of other States.
Article 22
Nothing in this Convention shall entitle a State Party to exercise in the territory of another State Party jurisdiction and functions that fall solely within the competence of the authorities of that other State Party in accordance with its national legislation.
Articles 23
1. Any dispute between two or more States Parties concerning the interpretation or application of this Convention that cannot be settled through negotiation within a reasonable period of time shall, at the request of one of them, be submitted to arbitration. If, within six months from the date of the request for arbitration, the parties are unable to agree on its organization, either party may refer the dispute to the International Court of Justice by filing an application in accordance with the Statute of the Court. 2. Each State may, at the time of signing, ratifying, accepting, approving or acceding to this Convention, declare that it does not consider itself bound by paragraph 1 of this article. The other States Parties will not be bound by paragraph 1 in respect of any State Party that has made such a reservation. 3. Any State that has made a reservation in accordance with paragraph 2 of this article may at any time withdraw that reservation by notification to the Secretary-General of the United Nations.
Article 24
1. This Convention shall be open for signature by all States from 14 September 2005 to 31 December 2006 at United Nations Headquarters in New York. 2. This Convention is subject to ratification, acceptance or approval. Instruments of ratification, acceptance or approval shall be deposited with the Secretary-General of the United Nations. 3. This Convention is open for accession by any State. The instruments of accession shall be deposited with the Secretary-General of the United Nations.
Article 25
1. This Convention shall enter into force on the thirtieth day after the date of deposit with the Secretary-General of the United Nations of the twenty-second instrument of ratification, acceptance, approval or accession. 2. For each State that ratifies, accepts, approves or accedes to this Convention after the deposit of the twenty-second instrument of ratification, acceptance, approval or accession, the Convention shall enter into force on the thirtieth day after the deposit by that State of its instrument of ratification, acceptance, approval or accession.
Article 26
1. A State Party may propose amendments to this Convention. The proposed amendments shall be submitted to the depositary, who shall immediately forward them to all States Parties. 2. Upon receipt of a request from a majority of States Parties to convene a conference to consider proposed amendments, the depositary shall invite all States Parties to participate in such a conference, which shall be held no earlier than three months after the invitations have been sent. 3. The conference participants are doing their best to adopt amendments by consensus. If this proves impossible, the amendments shall be adopted by a two-thirds majority vote of all Participating States. The Depositary shall immediately send any amendments adopted at the conference to all Member States. 4. An amendment adopted in accordance with paragraph 3 of this article shall enter into force for each State Party depositing its instrument of ratification, acceptance, accession or approval of the amendment on the thirtieth day after the date of deposit by two thirds of the States Parties of their respective instruments. Thereafter, the amendment shall enter into force for any State Party on the thirtieth day following the date of deposit of the relevant instrument by that State.
Article 27
1. Any State Party may denounce this Convention by written notification addressed to the Secretary-General of the United Nations. 2. The denunciation shall take effect one year after the date of receipt of the notification by the Secretary-General of the United Nations.
Article 28
The original of this Convention, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United Nations, who shall transmit certified copies of this Convention to all States. IN WITNESS WHEREOF, the undersigned, being duly authorized thereto by their respective Governments, have signed this Convention, which was opened for signature at the Headquarters of the United Nations in New York on 14 September 2005.
President
Republic of Kazakhstan
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