On the accession of the Republic of Kazakhstan to the Convention on the Physical Protection of Nuclear Material

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Law of the Republic of Kazakhstan dated December 22, 2004 No. 17

The Republic of Kazakhstan should accede to the Convention on the Physical Protection of Nuclear Material, signed in Vienna on March 3, 1980.

 President Republic of Kazakhstan

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 ore 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 a 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 be transported by land or inland waterways or to whose airports or seaports are supposed to be loaded 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 requested;

(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, use, transfer, modification, destruction or spraying of nuclear material that result in or may 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 by 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 those 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 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 involved in the dispute, an 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 voice 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 | Shape | Categories | |----------------------------- | | I. | II. | III. -------------------------------------------------------------------- 1. Plutonium Non-irradiated 2 kg Less than 500 g or or 2 kg but less than but more than more than 15 g 500 g

2. Uranium-235 Unirradiated 5 kg Less than 1 kg, or - uranium, or 5 kg, but less, but enriched with more than more than 15 g of isotope 1 kg. uranium-235 of 20% or higher - uranium, 10 kg Less than 10 kg, enriched in or but more than an isotope of more than 1 kg of uranium-235 from 10% to 20% - uranium with 10 kg or more enrichment is higher than natural, but with an isotope content of uranium-235 less than 10%

3. Uranium-233 Non-irradiated 2 kg Less than 500 g or or 2 kg but less than but more than more than 15 g 500 g

4. Irradiated Depleted fuel or natural uranium, thorium or weakly- enriched fuel (with a fissile isotope content of less than 10%)d) e) --------------------------------------------------------------------

a) All plutonium, with the exception of plutonium, the isotopic concentration of which exceeds 80% by plutonium-238.

 b) Material not irradiated in the reactor, or material irradiated in the reactor, but with an irradiation level equal to or less than 100 rad/h at a distance of one meter without protection.

 (d) Although this level of protection is recommended, States may, based on an assessment of the specific circumstances, determine another category of physical protection.

f) Other fuels that were included in category I or II before irradiation, depending on the initial composition of the fissile material, may be reduced by no more than one category if the radiation level of the fuel exceeds 100 rad/h at a distance of one meter without protection.

(Note. RCPI: the English text is attached below)

President

Republic of Kazakhstan

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