On the ratification of the International Convention for the Suppression of Acts of Nuclear Terrorism

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Law of the Republic of Kazakhstan dated May 14, 2008 No. 33-IV

To ratify the International Convention for the Suppression of Acts of Nuclear Terrorism, signed in New York on September 14, 2005.

President of the Republic of Kazakhstan N. Nazarbayev

INTERNATIONAL CONVENTION FOR THE SUPPRESSION OF ACTS OF NUCLEAR TERRORISM

United Nations 2005

International Convention for the Suppression of Acts of Nuclear Terrorism

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 as a result of the use of atomic energy for peaceful purposes, Bearing in mind the 1980 Convention on the Physical Protection of Nuclear Material, deeply concerned about the worldwide escalation of acts of terrorism in all its forms and manifestations, 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, inter alia, the Member States The United Nations solemnly confirms that they unequivocally condemn all acts, methods and practices of terrorism as criminal and unjustifiable., 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 calls upon States to urgently review the scope of application of existing international legal provisions on the prevention, suppression and elimination of terrorism in all its forms. in all its forms and manifestations, in order to ensure that there is a comprehensive legal framework that includes all aspects of this issue., Recalling General Assembly resolution 51/210 of 17 December 1996 and the Declaration annexed thereto supplementing the Declaration on Measures to Eliminate International Terrorism of 1994, recalling that, pursuant to General Assembly resolution 51/210, an ad hoc committee was established to elaborate, inter alia, an international convention for the suppression of acts of nuclear terrorism in order to supplement 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 the existing multilateral provisions of international law do not adequately address these attacks, convinced of the urgent need to strengthen international cooperation among States in developing and adopting effective, practical measures to prevent such acts of terrorism, and for the criminal prosecution and punishment of the perpetrators, noting , That the actions of the armed forces of States are governed by the norms of international law outside the scope of this Convention and that the exclusion of certain acts from the scope of this Convention does not exempt from liability for otherwise illegal acts, does not make them lawful and does not prevent prosecution on the basis of other laws, agreed as follows:

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 properties of their divisions 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 quantity that the excess percentage of the sum of these isotopes in comparison with isotope of uranium-238 is higher than the percentage of isotope of uranium-235 in comparison with 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 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 device that disperses radioactive material or emits radiation, which, by virtue of its radiological properties, may cause death, serious injury or substantial 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 legislation 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) owns radioactive material or manufactures or owns a device:

(i) With intent to cause death or serious injury; or

(ii) With 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 danger of release of radioactive material occurs:

(i) With intent to cause death or serious injury; or

(ii) With intent to cause substantial damage to property or the environment; or

(iii) With the intention of forcing a natural or legal 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, a device or a nuclear facility, while resorting to a threat in circumstances indicating the reality of this threat, or to the use of force.

3. Any person also commits an offence if he attempts to commit any of the offences referred to in paragraph 1 of this article.

4. Any person also commits a crime 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) Contributes in any other way 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 support of the general nature of the criminal activity or purpose of the group, or with knowledge of the group's intent to commit the relevant offence or offences.

Article 3

This Convention does not apply in cases where the crime 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, as 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 legislation the acts referred to in article 2;

(b) To establish appropriate penalties for these crimes, taking into account the grave nature of these crimes.

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. The Participating States shall cooperate by:

(a) Taking all possible measures, including, if necessary, adapting their national legislation, in order to prevent and counteract preparations within or outside their respective territories for the commission of crimes referred to in article 2, including measures to prohibit illegal activities of individuals and groups in their territories. and organizations that encourage, incite, and organize, intentionally finance or intentionally provide technical assistance or provide information or participate in the commission of these crimes;

(b) To 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 to coordinate administrative and other measures taken, where necessary, for the purpose of detecting, preventing, suppressing and investigating crimes referred to in article 2, as well as for bringing to justice criminal liability of 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 confidentially by virtue of the provisions of this Convention or as a result of 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 an ongoing 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 set forth in article 2 when:

(a) The offence was committed in the territory of that State; or

(b) The offence was committed on board a ship flying the flag of that State or an aircraft registered under the laws of that State at the time the offence was committed; or

c) the crime was committed by a national of that State.

2. A State Party may also establish its jurisdiction over any such offence when:

a) the crime was committed against a citizen of that State; or

(b) The offence is committed against a State or governmental facility of that State abroad, including the embassy or premises of another diplomatic or consular mission of that State; or

(d) The offence is committed in an attempt to compel that State to commit or refrain from doing something; or

e) the offence was 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:

(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, a representative of the State in whose territory he habitually resides;

(b) To be visited by a representative of that State;

4. The rights referred to in paragraph 3 of this article are exercised in accordance with the legislation of the State in whose territory the offender or the alleged offender is located, and the said legislation must ensure that the objectives for which the rights granted under paragraph 3 are intended are fully achieved.

5. 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 fact. the detention of such a person 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, shall, without any exceptions and regardless of whether the offence was committed on its territory or not, without undue delay, transfer the case to its competent authorities for the purposes of criminal proceedings. prosecution by conducting proceedings in accordance with its legislation. These authorities make decisions 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 set forth 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 treat the offences referred to in article 2 as extraditable offences between themselves, 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 considered by the States Parties for extradition purposes 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 arrangements between the States Parties in connection with the offences referred to in article 2 shall be deemed to have been modified in relations between the States Parties to the extent that they are incompatible with this Convention.

Article 14

1. States Parties 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 carry out 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 or provide mutual assistance to a person 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 term of imprisonment 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 in accordance with this Convention may be transferred with compliance with the following conditions:

(a) This person freely gives his consent on the basis of full 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 being transferred has the right and obligation to detain the transferred person, unless the State that transferred the person has requested or authorized otherwise.;

(b) The State to which the person has been transferred shall comply without delay with 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 to initiate extradition proceedings for his return;

(d) The transferred person's term of imprisonment in the State from which he was transferred shall be credited to 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 crime described in article 2 has been committed, the State Party in possession of such items:

(a) Takes measures to neutralize radioactive material, a device or a nuclear facility;

(b) Ensure that any nuclear material is stored in accordance with applicable International Atomic Energy Agency safeguards; and

(c) Takes into account the recommendations on physical protection and health and safety standards 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 they belong, 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, subject to paragraph 3 (b) of this article, the State Party in possession of the radioactive material, devices or nuclear facilities shall continue to take measures 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 placed at the disposal of the State for which such possession is lawful as soon as possible and which, where necessary, has given assurances consistent with 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 entitles 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.

Article 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 of these parties 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 shall do 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 United Nations Headquarters in New York on 14 September 2005.

CONVENTION ON THE PHYSICAL PROTECTION OF NUCLEAR MATERIAL

The States Parties to this Convention ,

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,

Convinced of the need to promote international cooperation in the field of peaceful uses of atomic energy,

Desiring to prevent the potential danger resulting from the illegal seizure and use of nuclear material,

Convinced that violations of nuclear material are a matter of serious concern and that there is an urgent need to take appropriate and effective measures to prevent, detect and punish such violations, Aware of the need for international cooperation in order to develop, in accordance with the national legislation of each State Party and with this Convention, effective measures for the physical protection of nuclear material,

Convinced that this Convention should facilitate the safe movement of nuclear material,

Emphasizing also the importance of the physical protection of nuclear material during its use, storage and transportation within the country,

Recognizing the importance of effective physical protection of nuclear material used for military purposes, and realizing that such material is and will continue to be under strict physical protection,

have agreed on the following:

Article 1

For the purposes of this Convention:

(a) "Nuclear material" means plutonium, with the exception of plutonium with an isotope concentration exceeding 80% for plutonium-238, uranium-233, uranium enriched in the isotopes uranium-235 or uranium-233, uranium containing a mixture of isotopes occurring naturally in a form other than ore or mine residues, and any material containing one or more of the above-mentioned elements;

(b) "Uranium enriched in the isotopes uranium-235 or uranium-233" means uranium containing the isotopes uranium-235 or uranium-233 or both in such quantities that the excess percentage of the sum of these isotopes compared to the isotope uranium-238 is higher than the percentage of the isotope uranium-235 compared to the isotope naturally occurring uranium-238;

(c) "International carriage of nuclear material" means the carriage of a consignment of nuclear material by any means of transport that travels outside the territory of the State from which the cargo originates, beginning with its departure from the sender's installation in that State and ending with arrival at the recipient's installation in the final destination State.

Article 2

1. This Convention applies to nuclear material used for peaceful purposes and in the process of international transportation.

2. With the exception of articles 3 and 4 and paragraph 3 of Article 5, this Convention also applies to nuclear material used for peaceful purposes during use, storage and transportation within a State.

3. Apart from the obligations specifically assumed by States Parties in the articles covered by paragraph 2 with respect to nuclear material used for peaceful purposes in the use, storage and transport of a State, nothing in this Convention shall be interpreted as affecting the sovereign rights of a State with respect to the use, storage and transport of such nuclear material within the State..

Article 3

Each State Party, within the framework of its national legislation and in accordance with international law, shall take appropriate measures to ensure, to the extent possible, that during international transportation of nuclear material located within its territory or on board a ship or aircraft operating under its jurisdiction, if such ship or aircraft participates in transportation to or from that State was protected at the levels described in Annex I.

Article 4

1. Each State Party shall not export or permit the export of nuclear material unless that State Party has received guarantees that such material will be protected at the levels described in Annex I during international transport.

2. Each State Party shall not import or permit the import of nuclear material from any State not party to this Convention unless the State Party has received assurances that such material will be protected at the levels described in Annex I during international transportation of nuclear material.

3. A State Party shall not permit transit through its territory of nuclear material by land or by inland waterways or through its airports or seaports between States that are not Parties to this Convention, unless that State Party has received guarantees, to the extent possible, that such material will be protected during international transport at the following levels: described in Appendix I.

4. Each State Party applies, within the framework of its national legislation, the levels of physical protection described in Annex I to nuclear material transported from one part of that State to another part of the same State through international waters or airspace.

5. The State Party responsible for obtaining guarantees that nuclear material will be protected at the levels described in Annex I, in accordance with paragraphs 1-3 above, shall identify and notify in advance the States through whose territories nuclear material is expected to transit by land or inland waterways, or to whose airports or seaports The ports are supposed to be entered with nuclear material.

6. The responsibility for obtaining the guarantees referred to in paragraph 1 may, by mutual agreement, be transferred to the State Party participating in the transport as the importing State.

7. Nothing in this article shall be interpreted as in any way affecting the territorial sovereignty and jurisdiction of a State, including sovereignty and jurisdiction over its airspace and territorial sea.

Article 5

1. The Participating States shall identify their central authority and point of contact responsible for the physical protection of nuclear material and for coordinated measures for return and for retaliatory actions in the event of any illegal movement, use or modification of nuclear material or in the event of a real threat of such action, and shall inform each other about it directly or with the assistance of the International Agency on atomic energy.

2. In the event of theft, seizure by robbery or any other illegal seizure of nuclear material or a real threat of such actions, the Participating States, in accordance with their national legislation, shall ensure maximum cooperation and provide assistance in the return and protection of such material to any State that requests such a request. In particular:

(a) The State Party shall take appropriate measures to inform, as soon as possible, other States that it considers to be affected of any theft, seizure by robbery or other illegal seizure of nuclear material or a real threat of such actions, as well as to inform, where appropriate, international organizations;

(b) When necessary, the States Parties concerned shall exchange information with each other or with international organizations in order to ensure the protection of endangered nuclear material, verify the integrity of a shipping container, or return illegally seized nuclear material, and: (i) coordinate their efforts through diplomatic and other agreed channels; (ii) provide assistance, if necessary (iii) Ensure the return of stolen or missing nuclear material as a result of the above-mentioned events. The means of such cooperation shall be determined by the Participating States concerned.

3. The Participating States shall cooperate and consult with each other, as appropriate, directly or with the assistance of an international organization, in order to obtain recommendations on the organization, operation and improvement of physical protection systems for nuclear material during international transportation.

Article 6

1. States Parties shall take appropriate measures consistent with their national legislation to protect the secrecy of any information they receive from another State Party confidentially by virtue of the provisions of this Convention or as a result of participation in activities carried out to implement this Convention. If the participating States provide information to international organizations confidentially, measures are taken to ensure the secrecy of such information.

2. Under the terms of 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.

Article 7

1. Deliberate commission:

(a) Without the authorization of competent authorities, actions such as the receipt, possession, transfer, modification, destruction or spraying of nuclear material that result in or are likely to result in the death of any person or cause serious injury to him or cause significant damage to property;

b) theft of nuclear material or its capture by robbery;

(d) An action that constitutes a demand, through the threat or use of force or any other form of intimidation, for the release of nuclear material;

e) threats:

(i) Use nuclear material with the aim of causing death or serious injury to any person, or causing significant damage to property, or

(ii) Commit an offence referred to in subparagraph (b) in order to compel a natural or legal person, an international organization or a State to commit or refrain from any act;

(f) Attempts to commit any offence referred to in paragraphs (a), (b) or (c);

(g) An act, such as participation in an offence referred to in paragraphs (a) to (f), is an offence punishable by each State Party within the framework of its national legislation.

2. Each State Party shall adopt appropriate penalties for the offences listed in this article, taking into account the seriousness of the offences.

Article 8

1. Each State Party shall take such measures as may be necessary to establish its jurisdiction over the offences referred to in article 7 in the following cases:

(a) When the offence is committed on the territory of that State or on board a ship or aircraft registered in that State;

(b) When the alleged offender is a national of that State.

2. Each State Party shall also take such measures as may be necessary to extend its jurisdiction to these offences in cases where the alleged offender is present in its territory and it does not extradite him in accordance with article 11 to any of the States referred to in paragraph 1.

3. This Convention does not exclude any criminal jurisdiction exercised in accordance with national legislation.

4. In addition to the States Parties referred to in paragraphs 1 and 2, each State Party may, in accordance with international law, establish its jurisdiction over the offences set out in article 7 when it acts as an exporting or importing State in the transport of nuclear material.

Article 9

Having satisfied itself that there are sufficient grounds for this, the State Party in whose territory the alleged offender is located shall take appropriate measures, including detention, in accordance with its national legislation, to ensure his appearance in court or to ensure his extradition. The States required to establish jurisdiction in accordance with article 8 and, where appropriate, all other States concerned shall be informed promptly of the measures taken in accordance with this article.

Article 10

The State Party in whose territory the alleged offender is located, if it does not extradite him, shall, without any exceptions and without undue delay, transfer the case to its competent authorities for the purpose of criminal prosecution through judicial proceedings in accordance with the laws of that State.

Article 11

1. The offences listed in article 7 shall be considered as extradition offences included in any extradition agreement existing between the participating States. The participating States undertake to include these offences as extradition offences in all subsequent extradition agreements to be concluded between them.

2. If a State Party that makes the extradition of offenders conditional on the existence of such an agreement receives an extradition request from another State Party with which it is not bound by an extradition agreement, it may, if it wishes, consider this Convention as the legal basis for extradition in connection with such violations. Extradition is subject to other provisions provided for by the legislation of the State receiving the request.

3. The Participating States, which do not make the extradition of offenders conditional on the existence of an agreement, recognize the aforementioned offences among themselves as extradition-related offences subject to the provisions provided for by the legislation of the State receiving the request.

4. Each of the offences shall be considered, for the purposes of extradition between States Parties, as an offence committed not only in the place where it occurred, but also in the territory of the States Parties required to apply their jurisdiction in accordance with paragraph 1 of article 8.

Article 12

Any person who is being tried in connection with any of the offences referred to in article 7 is guaranteed fair treatment at all stages of the judicial proceedings.

Article 13

1. The Participating States shall provide each other with maximum assistance in connection with criminal judicial proceedings undertaken in respect of the offences referred to in article 7, including the provision of evidence at their disposal necessary for such judicial proceedings. In all cases, the legislation of the State that received the request for assistance applies.

2. The provisions of paragraph 1 of this article shall not affect the obligations under any other treaty, bilateral or multilateral, which regulates or will regulate, in whole or in part, mutual assistance in criminal matters.

Article 14

1. Each State Party shall inform the depositary of its laws and regulations relating to the implementation of this Convention. The Depositary shall periodically transmit such information to all States Parties to this Convention.

2. The State Party in which criminal proceedings have been initiated against the alleged offender shall, as far as possible, notify the States directly concerned of the final outcome of the judicial proceedings. The State Party shall also inform the depositary of the final decision, which shall inform all States Parties.

3. If the offence concerns nuclear material used for peaceful purposes during its use, storage or transportation within a State, and the alleged offender and the nuclear material remain in the territory of the State Party in which the offence was committed, nothing in this Convention shall be interpreted as requiring the State Party to provide information regarding criminal proceedings. proceedings arising from such an offence.

Article 15

The Annexes are an integral part of this Convention.

Article 16

1. Upon the expiration of five years from the date of entry into force of this Convention, the depositary shall convene a conference of the States Parties to consider the implementation of this Convention and the compliance of its preamble, all operational parts and Annexes with the requirements of the current situation.

2. Thereafter, no more than once every five years, the majority of the States Parties to the Convention may convene subsequent conferences for the same purpose by submitting a corresponding proposal to the depositary.

Article 17

1. In the event of a dispute between two or more States Parties concerning the interpretation or application of this Convention, such States Parties shall hold joint consultations with a view to resolving the dispute through negotiation or any other peaceful means of dispute settlement acceptable to all parties to the dispute.

2. Any dispute of a similar nature that cannot be settled by the means specified in paragraph 1, at the request of any party involved in such dispute, shall 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 are unable to reach an agreement on 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. Any State Party may, at the time of signing, ratifying, accepting, approving or acceding to this Convention, 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, as regards the State party that has made a reservation regarding this procedure.

4. Any State Party that has made a reservation in accordance with paragraph 3 may at any time withdraw that reservation by notifying the depositary accordingly.

Article 18

1. This Convention shall be open for signature by all States at the Headquarters of the International Atomic Energy Agency in Vienna and at the Headquarters of the United Nations in New York from 3 March 1980 until its entry into force.

2. This Convention is subject to ratification, acceptance or approval by the signatory States.

3. After the entry into force of this Convention, it will be open for accession by all States.

4. (a) This Convention shall be open for signature by international organizations and regional organizations of an integration or other nature, or for these organizations to accede to it, provided that any such organization consists of sovereign States and has 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 becoming a party to this Convention, such an organization shall send to the depositary a declaration indicating which States are its members and which articles of this Convention do not apply to it.

(d) Such an organization does not have any vote in addition to the votes of its member States.

5. The instruments of ratification, acceptance, approval or accession shall be deposited with the depositary.

Article 19

1. This Convention shall enter into force on the thirtieth day after the date of deposit of the twenty-first instrument of ratification, acceptance or approval with the depositary.

2. For each State ratifying, accepting, approving or acceding to this Convention after the date of transmission of the twenty-first instrument of ratification, acceptance or approval, the Convention shall enter into force on the thirtieth day following the transmission by such State of its instrument of ratification, acceptance, approval or accession.

Article 20

1. Without prejudice to article 16, 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 States Parties. 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 the States Parties shall be immediately circulated by the depositary to all States Parties.

2. The amendment shall enter into force for each State Party depositing an instrument of ratification, acceptance or approval of the amendment on the thirtieth day after the date on which two thirds of the States Parties deposited their instruments of ratification, acceptance or approval with the depositary. Thereafter, the amendment shall enter into force for any other State Party on the date on which that State deposits its instrument of ratification, acceptance or approval of the amendment.

Article 21

1. Any State Party may denounce this Convention by written notification to the depositary.

2. The denunciation shall take effect one hundred and eighty days after the date of receipt of the notification by the depositary.

Article 22

The depositary shall immediately notify all States:

(a) Each signature of this Convention;

(b) Each deposit of an instrument of ratification, acceptance, approval or accession;

(d) Any declaration submitted by any organization in accordance with paragraph 4 (c) of article 18;

(e) The entry into force of this Convention;

(f) The entry into force of any amendment to this Convention;

(g) Any denunciation declared in accordance with article 21.

Article 23

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

IN WITNESS WHEREOF, the undersigned, being duly authorized thereto, have signed this Convention, which was opened for signature at Vienna and New York on March 3, 1980.

ANNEX I

LEVELS OF PHYSICAL PROTECTION APPLIED DURING INTERNATIONAL TRANSPORTATION OF NUCLEAR MATERIAL CLASSIFIED IN ANNEX II

1. The levels of physical protection of nuclear material during storage associated with international transportation of nuclear material include:

a) for category III materials, storage within a controlled access area;

(b) For Category II materials, storage within an area under constant security surveillance or electronic devices, surrounded by a physical barrier with a limited number of entry points under appropriate control, or within any area with a similar level of physical protection;

(c) For category I materials, storage within a protected area, as defined above for category II materials, which, in addition, is only allowed to persons whose reliability has been established and which is under the supervision of guards who maintain constant close contact with the relevant response forces. The purpose of specific measures taken in such cases is to detect and prevent any attack, unauthorized access, or unauthorized removal of material.

2. Levels of physical protection of nuclear material during international transportation include:

a) for category II and III materials, transportation is carried out in compliance with special precautions, including a preliminary agreement between the sender, recipient and carrier and a preliminary agreement between individuals or legal entities under the jurisdiction and guided by the legal acts of exporting and importing States, which defines the time, place and procedures for the transfer of responsibility during transportation;

(b) For category I materials, transportation is carried out with special precautions, as defined above for the transportation of category II and III materials, and, in addition, under constant security supervision and in conditions that ensure close communication with the relevant response forces;

(c) For natural uranium in a form other than that of ore or ore residues, the protection of carriage of quantities exceeding 500 kilograms includes a prior notification of carriage indicating the mode of transport, the expected time of arrival and confirmation of receipt of the cargo.

ANNEX II

table: CLASSIFICATION OF NUCLEAR MATERIAL

Material

Form