On signing the Treaty on a Nuclear-Weapon-Free Zone in Central Asia
Decree of the President of the Republic of Kazakhstan dated September 7, 2006 N 176
To be published in the "Collection of Acts The President and the Government"
I DECREE:
1. To approve the draft Treaty on a Nuclear-weapon-free Zone in Central Asia.
2. Minister of Foreign Affairs of the Republic of Kazakhstan Tokayev Kasymzhomart Kemelevich to sign the Treaty on a Nuclear-Weapon-Free Zone in Central Asia on behalf of the Republic of Kazakhstan, authorizing amendments and additions that are not of a fundamental nature.
3. This Decree shall enter into force from the date of signing.
President of the Republic of Kazakhstan
project
APPROVED By Decree of the President of the Republic of Kazakhstan dated September 7, 2006 No. 176
Treaty on a Nuclear-Weapon-Free Zone in Central Asia
The preamble
The Parties to this Treaty, guided by the Almaty Declaration of the Heads of Central Asian States adopted on February 28, 1997, the statement adopted in Tashkent on September 15, 1997 by the Ministers of Foreign Affairs of the five States of the region, resolutions 52/38S of December 9, 1997, 53/77A of December 4, 1998 and 55/33W of December 20, 2000 The General Assembly of the United Nations, entitled "Establishment of a nuclear-weapon-free zone in Central Asia" and the communique of the Consultative Meeting of Experts of the Central Asian Countries, States, of nuclear-weapon States and the United Nations, adopted in Bishkek on July 9, 1998, stressing the need to continue systematic and consistent efforts to reduce nuclear weapons at the global level with the ultimate goal of eliminating these weapons, as well as general and complete disarmament under strict and effective international control, and confident that all States are obliged to Contribute to the achievement of this goal, convinced that a nuclear-weapon-free zone, In Central Asia, it will represent an important step towards strengthening the nuclear non-proliferation regime, developing cooperation in the peaceful uses of nuclear energy, developing cooperation in the environmental rehabilitation of territories affected by radioactive contamination, and strengthening regional and international peace and security, considering that a nuclear-weapon-free zone in Central Asia It will contribute to strengthening the security of the Central Asian states, especially if there are five nuclear-weapon States., the possession of nuclear weapons recognized by the Treaty on the Non-Proliferation of Nuclear Weapons, will sign the relevant Protocol on Security Guarantees (hereinafter - Protocol), recognizing that nuclear-weapon-free zones have been established in a number of regions, including Latin America and the Caribbean, the South Pacific, Southeast Asia and Africa, in which the possession, production, development, introduction and deployment of nuclear weapons, as well as the use or threat of their use, are prohibited and, striving to extend such a regime to the entire planet for the benefit of all living beings, reaffirming the obligations set out in the Treaty on the Non-Proliferation of Nuclear Weapons, (further - NPT), the "Principles and Objectives of Nuclear Non-proliferation and Disarmament" adopted at the 1995 Conference of the Parties to the NPT, and the final document of the 2000 Conference of the Parties to the NPT, as well as the principles and objectives set out in the Comprehensive Nuclear Test Ban Treaty, decided to establish a nuclear-weapon-free zone in Central Asia, and agreed on next:
Article 1 Definition and use of terms
For the purposes of this Treaty: (a) "nuclear-weapon-free zone in Central Asia" includes the territories of the Parties; (c) "nuclear weapon or other nuclear explosive device" means any weapon or other explosive device capable of releasing nuclear energy, regardless of the military or civilian purpose for which the device may be used. used. This term includes such weapons or devices in an unassembled or partially assembled form, but does not include the means of transportation or delivery of such weapons or devices if they are separable from them and are not an integral part of them; (c) "placement" means import, placement, accumulation, storage, installation and deployment; (d) "nuclear "material" means any source or special fissionable material as defined in Article XX of the Statute of the International Atomic Energy Agency (hereinafter - the IAEA), as amended from time to time by the IAEA.; (e) "Radioactive waste" means any radioactive material, i.e. any substance containing radionuclides, which will be or has already been withdrawn from practical use and is no longer in use, the activity of which and the concentration of radionuclide activity in which exceed the levels below which exemption from international standards published by the IAEA is provided; (f) "installation" means: (I) A reactor, a critical assembly, a conversion plant, a manufacturing plant, a reprocessing plant, an isotope separation plant, or a separate storage facility; or II) any location where nuclear material in quantities exceeding one effective kilogram is commonly used.
Article 2 Scope of the Treaty
1. The scope of application of the nuclear-weapon-free zone in Central Asia is defined, solely for the purposes of this Treaty, as the State territories of the Parties and zones in which the Parties exercise their sovereign rights and jurisdiction in accordance with their national laws and international treaties to which they are parties. 2. Nothing in this Treaty shall prejudice the rights of any of the Parties in any dispute concerning the ownership of land or water areas that may or may not be included in this zone, or sovereignty over them, and shall not in any other way affect these rights.
Article 3 Basic obligations
1. Each Party undertakes: (a) not to carry out research, development, production, stockpiling or otherwise acquire, possess or control any nuclear weapon or other nuclear explosive device by any means anywhere; (c) not to seek or receive any assistance in research, development, production, stockpiling, acquisition, possession or control of any nuclear weapon or other nuclear explosive device; (c) Not to undertake or encourage any action to assist in the research, development, production, stockpiling, acquisition, and possession of any nuclear weapon or other nuclear explosive device; (d) Not to allow on its territory: (i) The storage, placement, acquisition, use, or production of nuclear weapons or other nuclear explosive devices(II) Obtaining, storing, stockpiling, installing, possessing and controlling nuclear weapons or other nuclear explosive devices; III) providing assistance or encouragement in the development, production, stockpiling or acquisition and possession of any nuclear weapon or other nuclear explosive device to anyone. 2. Each Party undertakes to prevent the dumping of radioactive waste from other States on its territory.
Article 4 Foreign vessels, aircraft and land transport
Without prejudice to the purposes and objectives of this Treaty, each Party, in the exercise of its sovereign rights, is free to resolve issues related to transit through its territory by air, land or water, including the entry of foreign ships into its ports and the landing of foreign aircraft at its airfields.
Article 5 Prohibition of testing of nuclear weapons or other nuclear explosive devices
Each Party undertakes, in accordance with the Comprehensive Nuclear-Test-Ban Treaty: (a) not to carry out any nuclear weapon test explosion or any other nuclear explosion; (c) to prohibit and prevent any such nuclear explosion in any place under its jurisdiction or control; (c) to refrain from inducing, encouraging or participating in any way in carrying out any nuclear weapon test explosion and any other nuclear explosion.
Article 6 Ecological safety
Each Party undertakes to contribute to any efforts for the environmental rehabilitation of territories contaminated as a result of past activities related to the development, production or storage of nuclear weapons or other nuclear explosive devices, in particular, uranium tailings dumps and nuclear test sites.
Article 7The use of nuclear energy for peaceful purposes
Nothing in this Treaty shall prejudice the rights of the Parties to use nuclear energy for peaceful purposes.
Article 8 of the IAEA Safeguards
Each Party undertakes: (a) to use exclusively for peaceful purposes nuclear materials and installations located on its territory, under its jurisdiction or under its control anywhere; (c) to conclude with the IAEA and put into effect, if it has not yet done so, an Agreement on the Application of Safeguards, in accordance with The NPT (INFCIRC/153 (Cong.)) and the Additional Protocol (INFCIRC/540 (Cong.)), no later than eighteen months after the entry into force of this Treaty; (c) Not to provide: (1) source or special fissionable material or (2) equipment or material specially designed or prepared for processing, use or production of special fissionable material to any non-nuclear-weapon State, unless that State has concluded a Comprehensive Safeguards Agreement and Additional Protocol with the IAEA, as mentioned above in paragraph (b) of this article.
Article 9 Physical protection of nuclear materials and equipment
Each Party undertakes to maintain effective standards of physical protection of nuclear materials, installations and equipment to prevent their unauthorized use, handling or theft. To this end, each Party undertakes to apply physical protection measures to nuclear materials used on its territory, in domestic transportation and storage, as well as in international transportation, and nuclear installations on its territory, at least as effectively as the measures provided for in the Convention on Physical Protection. nuclear material and in the recommendations and guidelines developed by the IAEA regarding physical protection.
Article 10consultative meetings
The Parties agree to hold annual meetings of their representatives alternately, as well as emergency meetings at the request of either Party to address compliance or other issues related to the implementation of this Treaty.
Article 11 Dispute resolution
Disputes between the Parties regarding the interpretation or application of this Treaty must be resolved through negotiations or other peaceful means that the Parties deem necessary.
Article 12other agreements
This Agreement does not affect the rights and obligations of the Parties under other international agreements that they may have concluded prior to the entry into force of this Agreement. The Parties must take all necessary measures to effectively achieve the goals and objectives of this Agreement in accordance with the basic principles set forth therein.
Article 13The excuses
This Agreement cannot be subject to reservations.
Article 14RATIFICATION
This Treaty is subject to ratification.
Article 15 Entry into force and duration
1. This Treaty shall enter into force on the thirtieth day after the date of receipt by the depositary of the fifth instrument of ratification. 2. This Agreement is open-ended.
Article 16 Withdrawal from the Agreement
1. Each Party may, by written notification addressed to the depositary, withdraw from this Treaty if it decides that exceptional circumstances related to the subject matter of this Treaty have jeopardized its supreme national interests. Such notification must contain a statement about the exceptional circumstances that it considers to have jeopardized its supreme national interests. 2. The withdrawal shall take effect twelve months after the date of receipt of the notification by the depositary, which shall send such notification to all parties to the Treaty and to the signatory States.
Article 17references
a) Any amendment to the Treaty proposed by one of the Parties shall be sent by it to all the Parties and submitted to a Consultative Meeting at least ninety days prior to its holding; c) the decision on the adoption of such amendment shall be taken by the Parties by consensus; c) the amendment so adopted shall enter into force for all the Parties upon receipt by the depositary of the documents on the ratification of this amendment from all Parties.
Article 18depository
a) This Treaty, the texts of which in English and Russian are equally authentic, shall be deposited with the Kyrgyz Republic, which is the depositary of this Treaty; c) The Depositary, including: (I) Ensure the possibility of signing this Treaty and Protocol and deposit the instruments of ratification of this Treaty and Protocol; (ii) Register this Treaty and Protocol in accordance with Article 102 of the Charter of the United Nations; III) transmit certified copies of this Treaty and Protocol to all Parties and all Parties to the Protocol, and notify them of the signing and ratification of this Treaty and Protocol. In witness whereof, the undersigned, being duly authorized thereto, have signed this Agreement. It's been done _____ ____________ 2006 born in Semipalatinsk, Republic of Kazakhstan.
For the Republic of Kazakhstan For the Republic of Tajikistan For the Kyrgyz Republic For Turkmenistan For the Republic of Uzbekistan
President
Republic of Kazakhstan
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