On the ratification of the Treaty on the Prohibition of Nuclear Weapons

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The Law of the Republic of Kazakhstan dated July 3, 2019 No. 261-VI SAM.

To ratify the Treaty on the Prohibition of Nuclear Weapons, signed in New York on July 7, 2017.

President Republic of Kazakhstan

K. TOKAEV

contract on the prohibition of nuclear weapons

The States Parties to this Treaty,

Determined to contribute to the realization of the purposes and principles of the Charter of the United Nations,

Expressing deep concern about the catastrophic humanitarian consequences of any use of nuclear weapons, and recognizing the consequent need for the total elimination of such weapons, which remains the only way to ensure that nuclear weapons will never be used again under any circumstances.,

Aware of the risks posed by the continued existence of nuclear weapons, including any explosion of a nuclear munition as a result of accident, miscalculation or intentional use, and stressing that these risks affect the security of all mankind and that all States are responsible for preventing any use of nuclear weapons,

Aware that the catastrophic consequences of the use of nuclear weapons cannot be adequately addressed, transcend national borders, pose a serious threat to the survival of humanity, the environment, socio-economic development, the global economy, food security and the health of present and future generations, and disproportionately affect women and girls, including as a result of ionizing radiation,

Recognizing the moral imperatives regarding nuclear disarmament and the urgent need to build and preserve a world free of nuclear weapons, which represents a global public good of the highest order and meets national and collective security interests,

Mindful of the unacceptable suffering and harm caused to victims of the use of nuclear weapons ("hibakushi"), as well as those affected by nuclear weapons tests,

Recognizing the disproportionate impact of nuclear weapons-related activities on indigenous peoples,

Reaffirming the need for all States to always comply with applicable international law, including international humanitarian law and international human rights law,

Based on the principles and norms of international humanitarian law, in particular on the principle that the right of parties to an armed conflict to choose methods and means of warfare is not unlimited, the rule of distinction, the prohibition of indiscriminate attacks, the rules of proportionality and precautions in attack, the prohibition of the use of weapons capable of causing unnecessary damage or unnecessary suffering, and rules concerning the protection of the environment,

Considering that any use of nuclear weapons would be contrary to the norms of international law applicable during an armed conflict, and in particular the principles and norms of international humanitarian law,

Affirming that any use of nuclear weapons would also be incompatible with the principles of humanity and the demands of public conscience,

Recalling that, in accordance with the Charter of the United Nations, States should refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any State, or in any other manner inconsistent with the Purposes of the United Nations, and that the establishment and maintenance of international peace and security should be promoted with the least possible by diverting the world's human and economic resources to armaments,

Recalling the first resolution of the United Nations General Assembly, adopted on January 24, 1946, and subsequent resolutions calling for the elimination of nuclear weapons,

Concerned about the slow pace of nuclear disarmament, the continued reliance on nuclear weapons in concepts, doctrines, and strategies for military construction and security, and the waste of economic and human resources on programs for the production, preservation, and modernization of nuclear weapons,

Recognizing that the legally binding prohibition of nuclear weapons constitutes an important contribution to building and maintaining a nuclear-weapon-free world, including the irreversible, verifiable and transparent elimination of nuclear weapons, and determined to take measures to this end,

Determined to take measures to achieve real progress towards general and complete disarmament under strict and effective international control,

Reaffirming that there is an obligation to pursue in good faith and conclude negotiations leading to nuclear disarmament in all its aspects under strict and effective international control,

Reaffirming also that the full and effective implementation of the Treaty on the Non-Proliferation of Nuclear Weapons, which is the cornerstone of the nuclear disarmament and non-proliferation regime, is vital for strengthening international peace and security,

Recognizing the vital importance of the Comprehensive Nuclear-Test-Ban Treaty and its verification regime as one of the key elements of the nuclear disarmament and non-proliferation regime,

Reaffirming the conviction that the establishment of internationally recognized nuclear-weapon-free zones on the basis of arrangements voluntarily concluded between the States of the region concerned contributes to strengthening peace and security at the global and regional levels and strengthening the nuclear non-proliferation regime and contributes to achieving the goal of nuclear disarmament,

Emphasizing that nothing in this Treaty should be interpreted as affecting the inalienable right of its States Parties to develop research, production and use of nuclear energy for peaceful purposes without discrimination,

Recognizing that the equal, full and effective participation of both women and men is an essential factor in promoting and ensuring sustainable peace and security, and being committed to maintaining and strengthening the effective participation of women in nuclear disarmament,

Recognizing the importance of education on peace and disarmament in all its aspects and of raising awareness of the risks and consequences of the use of nuclear weapons for present and future generations, and being committed to the dissemination of the principles and norms of this Treaty,

Emphasizing the role of public awareness in strengthening the principles of humanity, as exemplified by the call for the total elimination of nuclear weapons, and noting the efforts undertaken to this end by the United Nations, the International Red Cross and Red Crescent Movement, other international and regional organizations, non-governmental organizations, religious leaders, parliamentarians, scientists and Hibakushi,

have agreed on the following:

Article 1 Prohibitions

1. Each Participating State undertakes never and under no circumstances:

a) not to develop, test, manufacture, manufacture, otherwise acquire, possess or accumulate nuclear weapons or other nuclear explosive devices;

(b) Not to transfer to anyone nuclear weapons or other nuclear explosive devices, as well as control over such weapons or explosive devices, either directly or indirectly;

(c) Not to accept transfers from anyone of nuclear weapons or other nuclear explosive devices, as well as control over such weapons or explosive devices, either directly or indirectly;

(d) Not to use or threaten to use nuclear weapons or other nuclear explosive devices;

(e) Not to assist, encourage or in any way encourage anyone to engage in any activity prohibited by this Treaty for a State Party.;

(f) Not to seek or accept in any way any assistance from anyone in carrying out any activity prohibited for a State Party under this Treaty;

(g) To prevent any deployment, installation or deployment of any nuclear weapons or other nuclear explosive devices on its territory or in any place under its jurisdiction or control.

Article 2 of the Declaration

1. Each State Party shall, no later than 30 days after the entry into force of this Treaty for that State Party, submit to the Secretary-General of the United Nations a declaration in which it:

(a) Declare whether it owned, possessed or controlled nuclear weapons or nuclear explosive devices and whether it eliminated its nuclear weapons program, including the elimination or irreversible conversion of all nuclear-weapon-related facilities, prior to the entry into force of this Treaty for that State Party;

(b) Declares, notwithstanding paragraph (a) of article 1, whether it owns, possesses or controls any nuclear weapons or other nuclear explosive devices;

(c) Declares, notwithstanding paragraph (g) of article 1, whether it has on its territory or any place under its jurisdiction or control any nuclear weapons or other nuclear explosive devices that are owned, possessed or controlled by another State.

2. The Secretary-General of the United Nations shall transmit all such declarations received to the States Parties.

Article 3 Guarantees

1. Each State Party to which paragraphs 1 or 2 of Article 4 do not apply shall, at a minimum, retain its obligations with respect to the safeguards of the International Atomic Energy Agency in force at the time of entry into force of this Treaty, without prejudice to any relevant additional instruments that it may adopt in the future.

2. Each State Party to which paragraphs 1 or 2 of article 4 do not apply shall conclude a comprehensive safeguards agreement with the International Atomic Energy Agency (INFCIRC/153, as amended), if it has not already done so, and shall put it into effect. Negotiations on such an agreement shall begin within 180 days after the entry into force of this Treaty for that State Party. The Agreement shall enter into force no later than 18 months after the entry into force of this Treaty for that State Party. Thereafter, each State Party retains such obligations, without prejudice to any relevant additional instruments that it may adopt in the future.

Article 4 Achieving the total elimination of nuclear weapons

1. Each State Party that owned, possessed or controlled nuclear weapons or other nuclear explosive devices after July 7, 2017 and eliminated its nuclear weapons program, including the elimination or irreversible conversion of all nuclear-weapon-related facilities prior to the entry into force of this Treaty for it, shall cooperate with the competent international the body designated in accordance with paragraph 6 of this article to verify the irreversible elimination of its nuclear weapons program. The competent international body shall submit reports to the participating States. Such a State Party shall conclude a safeguards agreement with the International Atomic Energy Agency sufficient to provide reliable assurances regarding the non-diversion of declared nuclear material from peaceful nuclear activities and the absence of undeclared nuclear material or activities in that State Party as a whole. Negotiations on such an agreement shall begin within 180 days after the entry into force of this Treaty for that State Party. The Agreement shall enter into force no later than 18 months after the entry into force of this Treaty for that State Party. In the future, this State Party shall, at a minimum, maintain such obligations with respect to guarantees, without prejudice to any relevant additional documents that it may adopt in the future.

2. Notwithstanding paragraph (a) of article 1, any State Party that owns, possesses or controls nuclear weapons or other nuclear explosive devices shall immediately put them out of operational readiness and destroy them as soon as possible, but not later than the time limit to be set by the First Meeting of the States Parties, in accordance with a legally binding, time-bound plan for the verifiable and irreversible elimination of that State Party's nuclear weapons program, including the elimination or irreversible conversion of all facilities, related to nuclear weapons. A State Party, no later than 60 days after the entry into force of this Treaty for that State Party, shall submit this plan to the States Parties or to the competent international authority designated by the States Parties. The plan is then coordinated with the competent international body, which submits it to a subsequent Meeting of the States Parties or a Review Conference, whichever is held first, for approval in accordance with their rules of procedure.

3. The State Party to which paragraph 2 above applies shall conclude a safeguards agreement with the International Atomic Energy Agency sufficient to provide reliable assurances regarding the non-diversion of declared nuclear material from peaceful nuclear activities and the absence of undeclared nuclear material or activities in the State as a whole. Negotiations on such an agreement shall begin no later than the completion date of the plan specified in paragraph 2. The Agreement shall enter into force no later than 18 months after the date of commencement of negotiations. In the future, this State Party shall, at a minimum, maintain such obligations with respect to guarantees, without prejudice to any relevant additional documents that it may adopt in the future. After the entry into force of the agreement referred to in this paragraph, the State Party shall submit to the Secretary-General of the United Nations a final declaration that it has fulfilled its obligations under this article.

4. Notwithstanding paragraphs (b) and (g) of Article 1, each State Party that has on its territory or in any place under its jurisdiction or control any nuclear weapons or other nuclear explosive devices that are owned, possessed or controlled by another State shall ensure Prompt withdrawal of such weapons as soon as possible, but no later than the date to be set by the First Meeting of the Participating States. After the withdrawal of such weapons or other explosive devices, that State Party shall submit to the Secretary-General of the United Nations a declaration stating that it has fulfilled its obligations under this article.

5. Each State Party to which this article applies shall submit to each Meeting of States Parties and to each Review Conference progress reports on the implementation of its obligations under this article until they are fully implemented.

6. The Participating States shall designate a competent international body or bodies to coordinate and verify the irreversible elimination of nuclear weapons programs, including the elimination or irreversible conversion of all nuclear-weapon-related facilities, in accordance with paragraphs 1, 2 and 3 of this article. If such appointment has not taken place prior to the entry into force of this Treaty for a State Party to which paragraphs 1 or 2 of this article apply, the Secretary-General of the United Nations shall convene an extraordinary meeting of the States Parties to take any decisions that may be necessary.

Article 5 National implementation

1. Each State Party shall take the necessary measures to fulfill its obligations under this Treaty.

2. Each State Party shall take all appropriate legal, administrative and other measures, including the application of criminal sanctions, to prevent and suppress the conduct of any activity prohibited to a State Party under this Treaty by persons or on the territory under its jurisdiction or control.

Article 6 Victim assistance and environmental restoration

1. Each State Party, in accordance with applicable international humanitarian and human rights law, shall provide age- and gender-sensitive, non-discriminatory assistance to persons under its jurisdiction affected by the use or testing of nuclear weapons, including medical care, rehabilitation and psychological support, as well as social and economic integration.

2. Each State Party, with respect to areas under its jurisdiction or control contaminated as a result of activities related to the testing or use of nuclear weapons or other nuclear explosive devices, shall take necessary and appropriate measures to restore the environment of the areas so contaminated.

3. The obligations under paragraphs 1 and 2 above do not affect the obligations and obligations of any other States under international law or bilateral agreements.

Article 7 International cooperation and assistance

1. Each State Party shall cooperate with other States Parties to facilitate the implementation of this Treaty.

2. In fulfilling its obligations under this Treaty, each State Party has the right to request and receive assistance, whenever possible, from other States Parties.

3. Each State Party in a position to do so shall provide technical, material and financial assistance to States Parties affected by the use or testing of nuclear weapons in order to facilitate the further implementation of this Treaty.

4. Each State Party in a position to do so shall provide assistance to victims of the use or testing of nuclear weapons or other nuclear explosive devices.

5. Assistance in accordance with this article may be provided, inter alia, through the United Nations system, international, regional or national organizations or institutions, non-governmental organizations or institutions, the International Committee of the Red Cross, the International Federation of Red Cross and Red Crescent Societies or national Red Cross and Red Crescent Societies, or on a bilateral basis.

6. Without prejudice to any other duties or obligations it may have under international law, a State Party that has used or tested nuclear weapons or any other nuclear explosive devices is responsible for providing appropriate assistance to the affected States Parties in order to assist victims and restore the environment.

Article 8 Meeting of the States Parties

1. The States Parties shall meet regularly to consider and, where appropriate, resolve any issues related to the application or implementation of this Treaty, in accordance with its relevant provisions, and further measures for nuclear disarmament, including:

(a) Issues related to the implementation and status of this Treaty;

(b) Issues related to measures for the verifiable and irreversible elimination of nuclear weapons programmes within a specified time frame, including additional protocols to this Treaty;

2. The first Meeting of the States Parties shall be convened by the Secretary-General of the United Nations within one year after the entry into force of this Treaty. Subsequent meetings of the States Parties shall be convened by the Secretary-General of the United Nations on a biennial basis, unless the States Parties decide otherwise. The Meeting of the States Parties shall adopt its own rules of procedure at its first session. Prior to their adoption, the rules of procedure of the United Nations Conference are applied to agree on a legally binding document on the prohibition of nuclear weapons, which would lead to the complete elimination of these weapons.

3. Extraordinary meetings of the States Parties shall be convened, when deemed necessary, by the Secretary-General of the United Nations at the written request of any State Party, provided that this request is supported by at least one third of the States Parties.

4. Five years after the entry into force of this Treaty, the Secretary-General of the United Nations shall convene a conference to review the operation of the Treaty and progress towards achieving the objectives of the Treaty. The Secretary-General of the United Nations shall convene subsequent Review Conferences at six-year intervals for the same purpose, unless the Participating States decide otherwise.

5. States that are not parties to this Treaty, as well as relevant entities of the United Nations system, other relevant international organizations or institutions, regional organizations, the International Committee of the Red Cross, the International Federation of Red Cross and Red Crescent Societies and relevant non-governmental organizations are invited to attend Meetings of States Parties and Review Conferences as observers.

Article 9 Expenses

1. The costs of Meetings of the States Parties, Review Conferences and extraordinary Meetings of the States Parties shall be borne by the States Parties and observer States participating in them that are not parties to this Treaty, in accordance with the United Nations scale of assessments, adjusted as appropriate.

2. The expenses incurred by the Secretary-General of the United Nations in connection with the dissemination of declarations under article 2, reports under article 4 and proposed amendments under article 10 of this Treaty shall be borne by the States Parties in accordance with the United Nations scale of assessments, adjusted as appropriate.

3. The costs associated with the implementation of the verification measures required under Article 4, as well as the costs associated with the destruction of nuclear weapons or other nuclear explosive devices and the elimination of nuclear weapons programmes, including the elimination or conversion of all nuclear-weapon-related facilities, shall be borne by the States Parties concerned.

Article 10 Amendments

1. Any State Party may propose amendments to the Treaty at any time after the entry into force of this Treaty. The text of the proposed amendment shall be sent to the Secretary-General of the United Nations, who shall circulate it to all States Parties and seek their views on whether the proposal should be considered. If a majority of the States Parties notify the Secretary-General of the United Nations no later than 90 days after the dispatch of the proposal that they support further consideration of the proposal, the proposal shall be considered at the next Meeting of the States Parties or a Review Conference, whichever is held first.

2. The Meeting of the States Parties or the Review Conference may agree on amendments, which are adopted by a two-thirds majority of the States Parties. The Depositary shall send each adopted amendment to all States Parties.

3. An amendment shall enter into force for each State Party that deposits its instrument of ratification or acceptance of the amendment 90 days after the deposit of such instruments of ratification or acceptance by the majority States Parties at the time of acceptance. Subsequently, it shall enter into force for any other State Party 90 days after the deposit of its instrument of ratification or acceptance of the amendment.

Article 11 Settlement of disputes

1. In the event of a dispute between two or more States Parties in connection with the application or interpretation of this Treaty, the parties concerned shall hold joint consultations with a view to resolving the dispute through negotiations or other peaceful means at the option of the parties in accordance with Article 33 of the Charter of the United Nations.

2. The Meeting of the States Parties may contribute to the settlement of the dispute, including by offering its good offices, encouraging interested States Parties to initiate a settlement procedure of their choice, and recommending a deadline for any agreed procedure in accordance with the relevant provisions of this Treaty and the Charter of the United Nations.

Article 12 Universality

Each State Party shall encourage States that are not parties to this Treaty to sign, ratify, accept, approve or accede to the Treaty, with the aim of ensuring universal adherence to the Treaty by all States.

Article 13 Signature

This Treaty is open for signature by all States at United Nations Headquarters in New York from September 20, 2017.

Article 14 Ratification, acceptance, approval or accession

This Treaty is subject to ratification, acceptance or approval by the signatory States. The agreement is open for accession.

Article 15 Entry into force

1. This Treaty shall enter into force 90 days after the deposit of the fiftieth instrument of ratification, acceptance, approval or accession.

2. For any State that deposits its instrument of ratification, acceptance, approval or accession after the date of deposit of the fiftieth instrument of ratification, acceptance, approval or accession, this Treaty shall enter into force 90 days after the date of deposit by that State of its instrument of ratification or acceptance, approval or accession.

Article 16 Reservations

Reservations regarding the articles of this Treaty are not allowed.

Article 17 Period of validity and withdrawal

1. This Agreement is open-ended.

2. Each State Party, in the exercise of its State sovereignty, has the right to withdraw from this Treaty if it decides that exceptional circumstances related to the content of the Treaty have jeopardized the supreme interests of its country. It shall notify the depositary of such withdrawal. Such notification must contain a statement about the exceptional circumstances that it considers to have jeopardized its best interests.

3. Such withdrawal shall take effect only 12 months after the date of receipt by the depositary of the notification of withdrawal. However, if, after the expiration of this twelve-month period, the withdrawing State Party is a party to an armed conflict, that State Party shall continue to be bound by its obligations under this Treaty and any additional protocols until it ceases to be a party to the armed conflict.

Article 18 Relationship with other agreements

The implementation of this Treaty shall not prejudice the obligations of the States Parties with respect to existing international agreements to which they are parties, if these obligations are consistent with the Treaty.

Article 19 The Depositary

The Secretary-General of the United Nations is hereby designated as the depositary of this Treaty.

Article 20 Authentic texts

The texts of this Agreement in Arabic, Chinese, English, French, Russian and Spanish are equally authentic.

DONE at New York, this seventh day of July, two thousand and seventeen.

President

Republic of Kazakhstan

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