On the ratification of the Treaty on a Nuclear-Weapon-Free Zone in Central Asia

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Law of the Republic of Kazakhstan dated January 5, 2009 No. 120-IV

To ratify the Treaty on a Nuclear-Weapon-Free Zone in Central Asia, signed in Semipalatinsk on September 8, 2006.

President of the Republic of Kazakhstan N. Nazarbayev

TREATY ON A NUCLEAR-WEAPON-FREE ZONE IN CENTRAL ASIA

The Parties to this Agreement,

Guided by the Almaty Declaration of the Heads of Central Asian States, adopted on February 28, 1997, the Statement of the Ministers of Foreign Affairs of the five States of the region, adopted in Tashkent on September 15, 1997, resolutions and decisions of the United Nations General Assembly 52/38 S of December 9, 1997, 53/77 A of December 4, 1998, 55/33 W of December 20, 2000, 57/69 of 22 November 2002, 58/518 of 8 December 2003, 59/513 of 3 December 2004 and 60/516 of 8 December 2005, entitled "Establishment of a nuclear-weapon-free zone in Central Asia", and the Communique of the Consultative Meeting of Experts of the Central Asian Countries, the Nuclear-Weapon States and the United Nations, adopted in Bishkek on July 9, 1998,

Stressing the need to continue systematic and consistent efforts to reduce nuclear weapons at the global level with the ultimate goal of eliminating these weapons, as well as general and complete disarmament under strict and effective international control, and convinced that all States have an obligation to contribute to the achievement of this goal,

Convinced that a nuclear-weapon-free zone in Central Asia will represent an important step towards strengthening the nuclear non-proliferation regime, developing cooperation in the peaceful uses of nuclear energy, developing cooperation in the environmental rehabilitation of territories affected by radioactive contamination, and strengthening regional and international peace and security,

Considering that a nuclear-weapon-free zone in Central Asia will contribute to strengthening the security of the Central Asian States, especially if the five nuclear-weapon States recognized as such in the 1968 Treaty on the Non-Proliferation of Nuclear Weapons (hereinafter referred to as the NPT) accede to the attached Protocol on Security Assurances,

Recognizing that nuclear-weapon-free zones have been established in several regions, including Latin America and the Caribbean, the South Pacific, Southeast Asia and Africa, in which the possession, development, production, introduction and deployment of nuclear weapons, as well as the use or threat of their use, are prohibited, and striving to to extend such a regime to the whole planet for the benefit of all living beings,

Reaffirming the commitments set out in the NPT, the "Principles and Objectives for Nuclear Non-Proliferation and Disarmament" adopted at the 1995 NPT Review and Extension Conference and the Final Document of the 2000 NPT Review Conference, as well as the principles and objectives set out in the 1996 Comprehensive Nuclear-Test-Ban Treaty (hereinafter referred to as the CTBT),

We decided to establish a nuclear-weapon-free zone in Central Asia and agreed on the following:

Article 1 Definition and use of terms

For the purposes of this Treaty and its Protocol: (a) "nuclear-weapon-free zone in Central Asia" includes the Republic of Kazakhstan, the Kyrgyz Republic, the Republic of Tajikistan, Turkmenistan and the Republic of Uzbekistan; (b) "nuclear weapon or other nuclear explosive device" means any weapon or other explosive device capable of releasing nuclear energy. energy, regardless of the military or civilian purpose for which this weapon or device may be used. This term includes such weapons or devices in an unassembled or partially assembled form, but does not include the means of transportation or delivery of such weapons or devices if they are separable from them and are not an integral part of them; (c) "placement" means import, placement, accumulation, storage, installation and deployment; (d) "nuclear "material" means any source or special fissionable material as defined in Article XX of the Statute of the International Atomic Energy Agency (hereinafter referred to as the IAEA), as amended from time to time by the IAEA.; (e) "Radioactive waste" means any radioactive material, i.e. any substance containing radionuclides, which will be or has already been withdrawn from practical use and is no longer in use, the activity of which and the concentration of radionuclide activity in which exceed the levels below which exemption from international standards published by the IAEA is provided; (f) "installation" means: (i) A reactor, a critical assembly, a conversion plant, a manufacturing plant, a reprocessing plant, an isotope separation plant, or a separate storage facility; or ii) any location where nuclear material in quantities exceeding one effective kilogram is commonly used.

Article 2 Operation of the Contract

a) the scope of the nuclear-weapon-free zone in Central Asia is defined exclusively for the purposes of this Treaty as the land area, all water areas (harbors, lakes, rivers and streams) and the airspace above them, which belong to the Republic of Kazakhstan, the Kyrgyz Republic, the Republic of Tajikistan, Turkmenistan and the Republic of Uzbekistan; (b) Nothing in this Treaty shall prejudice the rights of any of the Central Asian States in any dispute concerning the ownership of land or water areas that may or may not be included in this zone, or sovereignty over them, and shall not in any other way affect these rights.

Article 3 Basic obligations

1. Each Party undertakes: (a) not to research, develop, manufacture, stockpile or otherwise acquire, possess or control any nuclear weapon or other nuclear explosive device in any form or anywhere; (b) not to seek or receive any assistance in carrying out research, development, production, stockpiling, acquisition, possession or control of any nuclear weapon or other nuclear explosive device; (c) Not to undertake or encourage any action to assist in the research, development, production, stockpiling, acquisition or possession of any nuclear weapon or other nuclear explosive device; (d) Not to allow on its territory: (i) The production, acquisition, placement, storage or use of nuclear weapons or other nuclear explosive device(ii) Obtaining, storing, stockpiling, installing or otherwise possessing or controlling any nuclear weapon or other nuclear explosive device; (iii) No actions, by whomever they are undertaken, to facilitate or encourage the development, production, stockpiling, acquisition, possession or control of any nuclear weapons or other nuclear explosive device. 2. Each Party undertakes to prevent the dumping of radioactive waste from other States on its territory.

Article 4 Foreign ships, aircraft and land transport

Without prejudice to the purposes and objectives of this Treaty, each Party, in the exercise of its sovereign rights, is free to resolve issues related to transit through its territory by air, land or water, including the entry of foreign ships into its ports and the landing of foreign aircraft at its airfields.

Article 5 Prohibition of testing of nuclear weapons or other nuclear explosive devices

Each Party undertakes, in accordance with the CTBT: (a) not to carry out any nuclear weapon test explosion or any other nuclear explosion; (b) to prohibit and prevent any such nuclear explosion in any place under its jurisdiction or control; (c) to refrain from inducing, encouraging or participating in any way in carrying out any test explosion. nuclear weapons and any other nuclear explosion.

Article 6 Environmental safety

Each Party undertakes to facilitate any efforts for the environmental rehabilitation of territories contaminated as a result of past activities related to the development, production or storage of nuclear weapons or other nuclear explosive devices, in particular uranium tailings dumps and nuclear test sites.

Article 7 Peaceful uses of nuclear energy

Nothing in this Treaty shall prejudice the rights of the Parties to use nuclear energy for peaceful purposes.

Article 8 of the IAEA Safeguards

Each Party undertakes to: (a) To use exclusively for peaceful purposes nuclear materials and installations located on its territory, under its jurisdiction or under its control, wherever; (b) To conclude with the IAEA and put into effect, if it has not yet done so, an agreement on the application of safeguards in accordance with the NPT (INFCIRC/153 (Cong.)) and the Additional Protocol (INFCIRC/540 (Cong.)), no later than 18 months after the entry into force of this Treaty; (c) Not to provide: (i) source or special fissionable material, or (ii) equipment or material specifically designed or prepared for the processing, use or production of special fissionable material to any non-nuclear-weapon State, unless that State has concluded a comprehensive safeguards agreement and Additional Protocol with the IAEA; referred to in paragraph (b) of this article.

Article 9 Physical protection of nuclear materials and equipment

Each Party undertakes to maintain effective standards for the physical protection of nuclear materials, installations and equipment to prevent their unauthorized use or handling or theft. To this end, each Party undertakes to apply physical protection measures for nuclear materials used on its territory, in domestic transportation and storage, as well as in international transportation, and nuclear installations on its territory, at least as effective as those provided for in the Convention on Physical Protection. nuclear material of 1987 and in the recommendations and guidelines developed by the IAEA regarding physical protection.

Article 10 Consultative meetings

The Parties agree to hold annual meetings of their representatives alternately, as well as extraordinary meetings, at the request of either Party, to consider compliance with this Treaty or other issues related to its implementation.

Article 11 Dispute resolution

Disputes between the Parties regarding the interpretation or application of this Agreement shall be resolved through negotiations or other means that the Parties deem necessary.

Article 12 Other agreements

This Agreement does not affect the rights and obligations of the Parties under other international agreements that they may have concluded prior to the entry into force of this Agreement. The Parties must take all necessary measures to effectively achieve the goals and objectives of this Agreement in accordance with the basic principles set out therein.

Article 13 Reservations

This Agreement cannot be the subject of reservations.

Article 14 Signature and ratification

a) this Treaty is open for signature in the city of Semipalatinsk, Republic of Kazakhstan, by all States included in the nuclear-weapon-free zone in Central Asia: the Republic of Kazakhstan, the Kyrgyz Republic, the Republic of Tajikistan, Turkmenistan and the Republic of Uzbekistan; b) this Treaty is subject to ratification.

Article 15 Entry into force and duration

(a) This Treaty shall enter into force 30 days after the date of delivery of the fifth instrument of ratification to the Depositary; (b) This Treaty is open-ended.

Article 16 Withdrawal from the Treaty

a) each Party may, by written notification addressed to the Depositary, withdraw from this Treaty if it decides that exceptional circumstances related to the subject matter of this Treaty have jeopardized its supreme national interests. Such notification must contain a statement about the exceptional circumstances that it considers to have jeopardized its supreme national interests.; (b) Withdrawal shall take effect 12 months after the date of receipt of the notification by the Depositary, which shall send such notification to all Parties to the Treaty and to the signatory States.

Article 17 Amendments

a) any amendment to the Treaty proposed by one of the Parties shall be sent by it to all the Parties and submitted to the Consultative Meeting at least 90 days before its holding; b) the decision on the adoption of such amendment shall be taken by the Parties by consensus; c) the amendment so adopted shall enter into force for all the Parties upon receipt by the Depositary from all the Parties documents on the ratification of this amendment.

Article 18 The Depositary

a) this Treaty is deposited with the Kyrgyz Republic, which is designated as the Depositary of this Treaty; b) The Depositary, including: (i) Ensure the possibility of signing this Treaty and its Protocol and receive instruments of ratification of this Treaty and its Protocol; (ii) Register this Treaty and its Protocol in accordance with Article 102 of the Charter of the United Nations; iii) transmit certified copies of this Treaty and its Protocol to all Parties and all Parties to the Protocol and notify them of the signing and ratification of this Treaty and its Protocol.

In witness whereof, the undersigned, being duly authorized thereto, have signed this Treaty.

Done in Semipalatinsk, Republic of Kazakhstan, on September 8, 2000, in a single copy in English and Russian, both texts being equally authentic.

For the Republic of Kazakhstan

For the Kyrgyz Republic

For the Republic of Tajikistan

For Turkmenistan

For the Republic of Uzbekistan

protocol

The Parties to this Protocol, recalling the Almaty Declaration of the Heads of Central Asian States adopted on February 28, 1997, the Statement of the Ministers of Foreign Affairs of the five States of the region adopted in Tashkent on September 15, 1997, resolutions and decisions of the United Nations General Assembly 52/38 S of December 9, 1997, 53/77 A of December 4, 1998, 55/33 W dated December 20, 2000, 57/69 dated November 22, 2002, 58/518 dated December 8, 2003, 59/513 dated December 3, 2004 and 60/516 dated December 8, 2005, entitled "Establishment of the zone, free of nuclear weapons in Central Asia", and the Communique of the Consultative Meeting of Experts of the Central Asian Countries, the Nuclear-Weapon States and the United Nations, adopted in Bishkek on July 9, 1998, convinced of the need to take all measures to achieve the ultimate goal - the complete liberation of the world from nuclear weapons, as well as the obligation of all States to contribute to the achievement of this goal, expressing their desire in this regard to assist in the establishment of a nuclear-weapon-free zone in Central Asia, have agreed as follows:

Article 1 Negative security guarantees

Each Party to the Protocol undertakes not to use nuclear weapons or other nuclear explosive devices or threaten to use them against any Party to the Treaty.

Article 2 Non-compliance with violations

Each Party to the Protocol undertakes not to facilitate any act that constitutes a violation of the Treaty or this Protocol by their Parties.

Article 3 Effect of amendments to the Treaty

Each Party to the Protocol undertakes, by written notification to the Depositary, to confirm its agreement or disagreement with any change in its obligations under this Protocol that may be caused by the entry into force of amendments to the Treaty in accordance with article 17 of the Treaty.

Article 4 Signature

This Protocol is open for signature by the People's Republic of China, the Russian Federation, the United Kingdom of Great Britain and Northern Ireland, the United States of America and the French Republic.

Article 5 Ratification

This Protocol is subject to ratification.

Article 6 Duration and withdrawal from the Protocol

(a) This Protocol is permanent and remains in force indefinitely; (b) Each Party to the Protocol may, by written notification addressed to the Depositary, withdraw from this Protocol if it decides that exceptional circumstances related to the subject matter of this Protocol have jeopardized its supreme national interests. Such notification must contain a statement about the exceptional circumstances that it considers to have jeopardized its supreme national interests.; (c) Withdrawal shall take effect 12 months after the date of receipt of the notification by the Depositary, which shall send such notification to all Parties to the Treaty and to the signatory States to this Protocol.

Article 7 Entry into force

This Protocol shall enter into force for each Party to the Protocol on the date of deposit of its instrument of ratification with the Depositary or on the date of entry into force of the Treaty, whichever occurs later.

For the People's Republic of China

For the Russian Federation

For the United Kingdom Great Britain and Northern Ireland

For the United States of America

For the French Republic

Accepted by the meeting decision Ministers of Foreign Affairs of the Central Asian States

RULES OF PROCEDURE FOR THE IMPLEMENTATION OF ARTICLE 10 OF THE TREATY ON A NUCLEAR-WEAPON-FREE ZONE IN CENTRAL ASIA

CONSULTATIVE MEETINGS OF THE PARTIES TO THE TREATY ON A NUCLEAR-WEAPON-FREE ZONE IN CENTRAL ASIA

1. Consultative meetings

In accordance with article 10 of the Treaty on a Nuclear-Weapon-Free Zone in Central Asia, the Parties hold annual or extraordinary consultative meetings to consider compliance with the Treaty or other issues related to its implementation.

2. First annual consultative meeting

2.1 The first annual consultative meeting shall be convened no later than 2 months after the entry into force of the Agreement. 2.2 The first annual consultative meeting will be held in Dushanbe, Republic of Tajikistan. 2.3 At the end of the first annual meeting, the Parties shall determine the venue and dates of the next annual meeting.

3. Emergency consultation meeting

3.1 Emergency consultative meetings are convened at the request of either party to the Agreement, with the support of such an initiative by the other two Parties. 3.2 A proposal to convene an emergency consultative meeting is sent through diplomatic channels by the initiating Party to the Party acting as the Host Party at that time, justifying the need to convene it. 3.3 The receiving Party shall agree on the convening of an emergency consultative meeting with all other Parties, no later than 10 days from the date of receipt of the proposal to convene such a meeting.

4 . Duration of consultation meetings

The duration of consultative meetings is, as a rule, no more than 3 days, unless the Parties decide otherwise.

5 . Composition of delegations

5.1 The official delegation of the Party includes the head of the delegation (or an authorized person) and his/her advisers. 5.2 The personal composition of the official delegation and accompanying persons is communicated by the Parties to the Host Party through diplomatic channels, as a rule, no later than 10 days before the meeting. 5.3 The format of the official delegation sent to participate in consultative meetings is no more than "1+3".

6 . The Chairman's functions of the Host Party and its duties

6.1 The host Party, represented by its representative, acts as Chairman at the annual and extraordinary consultative meetings. 6.2 The Host Party shall serve as Chairman until the next annual meeting. 6.3 During this period, the designated Depositary of the Treaty is responsible for any communications concerning the implementation of article 10 of the Treaty.

7 . Decision-making

7.1 Each Party has one vote. 7.2 Decisions of the consultative meetings are made by consensus. 7.3 Decisions taken by the Parties are formalized by final documents signed by the heads of the official delegations of the Parties (or authorized persons). The documents adopted during the consultative meetings are a mandatory attachment to the final documents. 7.4 The final documents are drawn up in Russian and, if necessary, in English.

8 . The observers

With the consent of all Parties to the Treaty, five nuclear-weapon States recognized as such in the 1968 Treaty on the Non-Proliferation of Nuclear Weapons, as well as representatives of relevant international organizations, may be invited as observers to both annual and extraordinary consultative meetings.

9 . Working languages

The working languages of the annual or emergency consultation meetings are Russian and English.

10 . Reporting

At the end of the consultation meeting, the Host Party prepares a report in Russian and, if necessary, in English. With the consent of all Parties to the Agreement, the report can be sent to interested international organizations, as well as to observers who participated in the meeting.

11 . Cost coverage

The costs associated with holding annual or emergency meetings, with the exception of transportation and accommodation expenses, are borne by the Host Party.

Semipalatinsk, September 8, 2006

I hereby certify that the attached text is an authentic copy of the Treaty on a Nuclear-Weapon-Free Zone in Central Asia and its Protocol, signed on September 8, 2006 in Semipalatinsk (Republic of Kazakhstan).

Director of the International Law Department of the Ministry of Foreign Affairs Of the Kyrgyz Republic A. Moldogaziev

I hereby certify that this text is a certified copy of the certified copy of the Treaty on a Nuclear-Weapon-Free Zone in Central Asia, signed in Semipalatinsk on September 8, 2006.

Head of the Department International Law Department of the Ministry of Foreign Affairs of the Republic of Kazakhstan N. Sakenov

RCPI's note: the following is the text of the Agreement and Protocol in English.

President

Republic of Kazakhstan

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