On the ratification of the Convention on Assistance in the Event of a Nuclear Accident or Radiological Emergency

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Law of the Republic of Kazakhstan dated February 3, 2010 No. 244-IV

To ratify the Convention on Assistance in the Event of a Nuclear Accident or Radiological Emergency, adopted in Vienna on September 26, 1986.

President  Of the Republic of Kazakhstan N. NAZARBAYEV

CONVENTION ON ASSISTANCE IN THE EVENT OF A NUCLEAR ACCIDENT OR RADIOLOGICAL EMERGENCY

(Bulletin of International Treaties of the Republic of Kazakhstan, 2010, No. 5, Article 31) (Entered into force on April 9, 2010)

THE STATES PARTIES TO THIS CONVENTION, AWARE that nuclear activities are carried out in a number of States, NOTING that in order to ensure a high level of safety in nuclear activities, comprehensive measures have been taken and are being taken to prevent nuclear accidents and minimize the consequences of any such accident, if it occurs, EXPRESSING A DESIRE to further strengthen international cooperation in the field of the safe development and use of nuclear energy, CONVINCED of the need for an international system, which will facilitate the immediate provision of assistance in the event of a nuclear accident or radiological emergency in order to mitigate its consequences, NOTING the usefulness of bilateral and multilateral mutual assistance arrangements in this area, NOTING the activities of the International Atomic Energy Agency in developing guidelines on mutual emergency assistance measures in connection with a nuclear accident or radiological emergency, HAVE AGREED on the following:

Article 1 General provisions

1. The Participating States shall cooperate among themselves and with the International Atomic Energy Agency (hereinafter referred to as the "Agency") in accordance with the provisions of this Convention in order to facilitate the immediate provision of assistance in the event of a nuclear accident or radiological emergency in order to minimize their consequences and to protect life, property and the environment from the effects of radioactive emissions. 2. To facilitate such cooperation, Participating States may reach bilateral or multilateral agreements or, where appropriate, a combination of them in order to prevent or minimize harm and damage that may occur in the event of a nuclear accident or radiation emergency. 3. The Participating States request the Agency, acting within the framework of its Statute, to do everything possible, in accordance with the provisions of this Convention, to facilitate, facilitate and support the cooperation between the Participating States provided for in this Convention.

Article 2 Provision of assistance

1. If a State Party requires assistance in the event of a nuclear accident or radiation emergency, regardless of whether such an accident or emergency occurs on its territory, under its jurisdiction or control, it may request such assistance from any other State Party, directly or through the Agency, and from the Agency or, as appropriate, from other international intergovernmental organizations (hereinafter referred to as "international organizations"). 2. The requesting State Party shall determine the amount and type of assistance required and, whenever practicable, provide the assisting party with such information as may be necessary for that party to determine the extent to which it can comply with the request. In cases where it is practically impossible for the requesting State Party to accurately determine the amount and type of assistance required, the requesting State Party and the party providing assistance, in consultation with each other, decide on the amount and type of assistance required. 3. Each State Party to which such assistance is requested shall promptly decide and inform the requesting State Party, directly or through the Agency, whether it is in a position to provide the requested assistance, as well as the scope and conditions of assistance that may be provided. 4. The Participating States shall, within their capabilities, determine the experts, equipment and materials that they could allocate to provide assistance to other Participating States in the event of a nuclear accident or radiation emergency, as well as the conditions, especially financial ones, under which such assistance could be provided, and notify the Agency accordingly. 5. Any State Party may request assistance related to the provision of medical care or temporary relocation to the territory of another State Party of persons exposed to a nuclear accident or radiation emergency. 6. In response to a request from a requesting State Party or a Member State in the event of a nuclear accident or radiological emergency, the Agency shall, in accordance with its Statute and as provided for in this Convention: a) provides the appropriate funds allocated for this purpose; (b) Promptly transmit the request to other States and international organizations that, according to the information available to the Agency, may have the necessary funds; and (c) if the requesting State so requests, coordinate at the international level the assistance that may thus be provided.

Article 3 Management and control of assistance

Unless otherwise agreed: (a) Within its territory, the requesting State is responsible for the overall direction, control, coordination and supervision of assistance. In cases where assistance includes the provision of personnel, the assisting party, in consultation with the requesting State, should appoint a person who should be responsible for the personnel and equipment provided by that party and provide direct operational guidance to the personnel and the use of the equipment. The designated person should provide such guidance in cooperation with the relevant authorities of the requesting State; (b) The requesting State provides, within its capabilities, local facilities and services for the proper and effective implementation of assistance. It also ensures the protection of personnel, equipment and materials brought to its territory by or on behalf of the providing party for the purpose of providing assistance.; (c) Ownership of the equipment and materials provided by either party during the periods of assistance remains unchanged, and their return is ensured; (d) The State Party providing assistance in response to a request under paragraph 5 of article 2 coordinates this assistance within its territory.

Article 4 Competent authorities and points of contact

1. Each State Party shall notify the Agency and, directly or through the Agency, other States Parties of its competent authorities and point of contact authorized to make and receive requests for assistance and accept offers of assistance. Access to such points of contact and the central point in the Agency should be available on an ongoing basis. 2. Each State Party shall promptly inform the Agency of any changes that may occur in the information referred to in paragraph 1.3. The Agency shall regularly and urgently provide the participating States, Member States and relevant international organizations with the information specified in paragraphs 1 and 2.

Article 5 Functions of the Agency

The States Parties shall request the Agency, in accordance with paragraph 3 of article 1 and without prejudice to the other provisions of this Convention.: (a) To collect and disseminate to the participating and Member States information concerning: (i) Experts, equipment and materials that can be allocated in the event of nuclear accidents or radiation emergencies; (ii) Methodological principles, methods of conducting and available research results related to response measures in the event of nuclear accidents or radiation emergencies; (b) Upon request, provide assistance to a State Party or a Member State in relation to any of the following or other relevant matters: (i) Preparation of both emergency plans in the event of nuclear accidents and radiation emergencies, as well as relevant legislation; (ii) Development of appropriate training programmes for personnel in the event of nuclear accidents and radiation emergencies; (iii) Transmission of requests for assistance and relevant information in the event of a nuclear accident or radiation emergency; (iv) Develop appropriate radiation control programmes, procedures and standards; (v) Conduct studies on the feasibility of establishing appropriate radiation control systems; (c) Provide the participating State or the Member State requesting assistance in the event of a nuclear accident or radiation emergency with appropriate facilities designed to conduct an initial assessment of the accident or emergency; (d) to offer their good offices to Participating States and Member States in the event of a nuclear accident or radiation emergency; (e) Establish and maintain contact with relevant international organizations in order to obtain and exchange relevant information and data, and bring the list of such organizations to the attention of participating States, Member States and the aforementioned organizations.

Article 6 Confidentiality and public statements

1. The requesting State and the party providing assistance shall ensure the protection of the confidentiality of any confidential information that becomes known to either party in connection with assistance in the event of a nuclear accident or radiation emergency. Such information is used exclusively for the purposes of assistance, which has been agreed upon. 2. The Party providing assistance shall make every effort to coordinate with the requesting State information on assistance provided in connection with a nuclear accident or radiation emergency before such information is made public.

Article 7 Cost recovery

1. The party providing assistance may offer gratuitous assistance to the requesting State. When considering whether to provide assistance on such a basis, the party providing assistance shall take into account: (a) The nature of the nuclear accident or radiological emergency; (b) the location of the nuclear accident or radiological emergency; (c) the needs of developing countries; (d) the special needs of countries without nuclear facilities; and (e) any other relevant factors. 2. In cases where assistance is provided on the basis of full or partial cost recovery, the requesting State reimburses the providing party for the costs associated with the provision of services by persons or organizations acting on its behalf, as well as all costs related to the provision of assistance to the extent that these costs are not directly paid by the requesting State. Unless otherwise agreed, compensation shall be provided promptly after the providing party has submitted its request for reimbursement to the requesting State.; with respect to costs other than on-site costs, it is freely translatable. 3. Regardless of what is stated in paragraph 2, the party providing assistance may at any time waive compensation in whole or in part or agree to its postponement. In considering such a waiver or postponement, aid providers shall pay due attention to the needs of developing countries.

Article 8 Privileges, immunities and benefits

1. The requesting State shall grant the staff of the assisting party and personnel acting on its behalf the privileges, immunities and facilities necessary for the performance of their functions of assistance. 2. The requesting State shall grant the following privileges and immunities to personnel of the assisting party or personnel acting on its behalf, who have been duly notified to the requesting State and who have been accepted by that State: (a) Immunity from arrest, detention and judicial proceedings by the requesting State, including criminal, civil and administrative jurisdiction, in respect of acts or omissions in the performance of its duties; and (b) Exemption from taxes, duties or other charges, other than those normally included in the cost of goods or services provided, in respect of the performance of his or her assistance functions. 3. The requesting State: (a) Grants the assisting party exemption from taxes, duties or other charges on equipment and property brought to the territory of the requesting State by the assisting party for the purpose of providing assistance; and (b) Provides immunity from seizure, confiscation or requisition of such equipment and property. 4. The requesting State shall ensure the return of such equipment and property. In the event of a request from the party providing assistance, the requesting State shall arrange, within its capabilities, for the necessary decontamination of the equipment used for further use before its return. 5. The requesting State shall facilitate the arrival, stay and departure from its national territory of personnel notified in accordance with paragraph 2, as well as equipment and property used in the provision of assistance. 6. None of the provisions of this article requires the requesting State to grant its nationals or permanent residents the privileges and immunities provided for in the preceding paragraphs. 7. Without prejudice to privileges and immunities, all persons enjoying such privileges and immunities under this article are required to respect the laws and regulations of the requesting State. They are also required not to interfere in the internal affairs of the requesting State. 8. None of the provisions of this article shall prejudice the rights and obligations with respect to privileges and immunities granted under other international agreements or customary international law. 9. At the time of signing, ratifying, accepting, approving or acceding to this Convention, a State may declare that it does not consider paragraphs 2 and 3 to be binding on itself in whole or in part. 10. A State Party that has made a declaration in accordance with paragraph 9 may withdraw it at any time by notifying the depositary.

Article 9 Transit of personnel, equipment and property

Each State Party, at the request of the requesting State or the party providing assistance, shall endeavour to facilitate the transit through its territory to and from the requesting State of personnel, equipment and property used in the provision of assistance, which have been duly notified.

Article 10 Claims and compensation

1. The Participating States shall cooperate closely in order to facilitate the settlement of legal actions and claims under this article. 2. Unless otherwise agreed, the requesting State Party in respect of death or personal injury to persons, damage to property or loss thereof, or environmental damage that occurred within its territory or other area under its jurisdiction or control during the provision of the requested assistance.: a) does not initiate any legal action against the assisting party or individuals or other legal entities acting on its behalf; b) assumes responsibility for the management of cases related to legal claims and claims brought by third parties to the assisting party or individuals or other legal entities acting on its behalf; c) provides legal protection to the assisting party or individuals or other legal entities acting on its behalf in respect of legal entities claims and claims referred to in subparagraph (b); and d) pays compensation to the assisting party or to individuals or other legal entities acting on its behalf in connection with: i) with the death of persons from among the personnel of the assisting party or persons acting on its behalf, or causing bodily injury to such persons; ii) with the loss of unspent equipment and materials related to the provision of assistance, or causing damage to them; except in cases of intentional misconduct by individuals who caused death, bodily injury, loss or damage. 3. This article does not prevent the payment of compensation or compensation provided for by any applicable international agreement or national legislation of any State. 4. None of the provisions of this article requires the requesting State to apply paragraph 2 in whole or in part to its nationals or permanent residents. 5. At the time of signing, ratifying, accepting, approving or acceding to this Convention, a State may declare: (a) that it does not consider itself binding, in whole or in part, paragraph 2; b) That it will not apply paragraph 2 in whole or in part in cases of gross negligence by individuals who caused death, bodily injury, loss or damage. 6. A State Party that has made a declaration in accordance with paragraph 5 may at any time withdraw it by notifying the depositary.

Article 11 Termination of assistance

The requesting State or the party providing assistance may at any time, after appropriate consultations and by written notification, request the termination of assistance received or provided under this Convention. Upon receipt of such a request, the parties concerned consult with each other in order to develop measures for the proper completion of assistance.

Article 12 Relationship with other international agreements

This Convention does not affect the mutual rights and obligations of the States Parties under existing international agreements relating to matters covered by this Convention, or under future international agreements concluded in accordance with the subject and purpose of this Convention.

Article 13 Dispute settlement

1. In the event of a dispute between States Parties or between a State Party and the Agency concerning the interpretation or application of this Convention, the parties to the dispute shall consult each other 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 this nature between the participating States cannot be settled within one year from the date of receipt of the request for consultations in accordance with paragraph 1, it shall, at the request of any party involved in 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 of the receipt 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, the appeal to the Secretary-General of the United Nations takes precedence. 3. At the time of signing, ratifying, accepting, approving or acceding to this Convention, a State may declare that it does not consider itself bound by either or both of the dispute settlement procedures provided for in paragraph 2. Other States Parties are not bound by any dispute settlement procedure provided for in paragraph 2, in that as for the State party for which such a declaration is valid. 4. A State Party that has made a declaration in accordance with paragraph 3 may at any time withdraw that declaration by notifying the depositary accordingly.

Article 14 Entry into force

1. This Convention shall be open for signature by all States, as well as by Namibia, represented by the United Nations Council for Namibia, at the Headquarters of the International Atomic Energy Agency in Vienna and at United Nations Headquarters in New York, respectively, from 26 September 1986 and 6 October 1986 until its entry into force. or within twelve months, whichever is longer. 2. A State, as well as Namibia, represented by the United Nations Council for Namibia, may express its consent to be bound by this Convention by signing or by depositing an instrument of ratification, acceptance or approval after signature, subject to ratification, acceptance or approval, or by depositing an instrument of accession. The instruments of ratification, acceptance, approval or accession shall be deposited with the depositary. 3. This Convention shall enter into force thirty days after three States have expressed their consent to be bound by this Convention. 4. For each State that has expressed its consent to be bound by this Convention after its entry into force, this Convention shall enter into force for that State thirty days after the date of expression of consent. 5. (a) This Convention is open for accession, as provided for in this article, by international organizations and regional integration organizations consisting of sovereign States with competence in the field of negotiation, conclusion and application of international agreements on matters covered by this Convention. b) In matters within their competence, such organizations shall, on their own behalf, exercise the rights and obligations conferred by this Convention on the States Parties. (c) Upon depositing its instrument of accession, such an organization shall transmit to the depositary a declaration specifying the limits of its competence with respect to matters covered by this Convention. (d) Such an organization does not have any vote in addition to the votes of its member States.

Article 15 Provisional application

A State may, upon signature or at any time later, before this Convention enters into force for it, declare that it will apply this Convention provisionally.

Article 16 Amendments

1. A State Party may propose amendments to this Convention. The proposed amendment shall be forwarded to the depositary, who shall immediately circulate it to all other participating States. 2. If a majority of the States Parties require the depositary to convene a conference to consider the proposed amendments, the depositary shall invite all States Parties to such a conference, which shall open no earlier than thirty days after the invitations have been sent. Any amendment adopted at the conference by a two-thirds majority vote of all participating States shall take the form of a protocol open for signature in Vienna and New York by all Participating States. 3. The Protocol shall enter into force thirty days after three States have expressed their consent to be bound by it. For each State that has expressed its consent to be bound by the protocol after its entry into force, the protocol shall enter into force for that State thirty days after the date of expression of consent.

Article 17 Denunciation

1. A State Party may denounce this Convention by written notification to the depositary. 2. The denunciation takes effect one year after the date of receipt of the notification by the depositary.

Article 18 The Depositary

1. The Director General of the Agency shall be the depositary of this Convention. 2. The Director General of the Agency shall immediately notify the participating States and all other States.: (a) Each signature of this Convention or any protocol of amendment; (b) Each deposit of an instrument of ratification, acceptance, approval or accession relating to this Convention or any protocol of amendment; (c) Any declaration or withdrawal of such declaration in accordance with articles 8, 10, 13; (d) Any declaration of provisional application of this Convention in accordance with article 15; (e) the entry into force of this Convention and any amendment thereto; and (f) any denunciation declared in accordance with article 17.

Article 19 Authentic texts and certified copies

The original of this Convention, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Director General of the International Atomic Energy Agency, who shall transmit certified copies to the States Parties and to all other States.

IN WITNESS WHEREOF, the undersigned, being duly authorized thereto, have signed this Convention, which is open for signature as provided for in paragraph 1 of article 14.

ADOPTED by the General Conference of the International Atomic Energy Agency at a special session in Vienna on the twenty-sixth day of September, one thousand nine hundred and eighty-sixth year.

 The RCPI's note. The following is the text of the Convention in Arabic, Chinese, English, French, Russian and Spanish.

President

Republic of Kazakhstan

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