On ratification of the Agreement on Cross–Border Transportation of Radioactive Materials in the Member States of the Commonwealth of Independent States
The Law of the Republic of Kazakhstan dated November 28, 2025 No. 235-VIII SAM.
To ratify the Agreement on Cross–Border Transportation of Radioactive Materials in the Member States of the Commonwealth of Independent States, signed on November 6, 2020.
President of the Republic of Kazakhstan
K. TOKAEV
Officially certified text
Agreements on the transboundary movement of radioactive materials in the member States of the Commonwealth of Independent States
The Governments of the member States of the Commonwealth of Independent States, hereinafter referred to as the Parties,
Guided by the provisions of the Agreement on Basic Principles of Cooperation in the Field of Peaceful Uses of Atomic Energy dated June 26, 1992, the Agreement on Cooperation and Mutual Assistance in Customs Matters dated April 15, 1994 (as amended on June 1, 2018), the Concept of Nuclear and Radiation Safety of the CIS member States in the Field of Peaceful Uses of Atomic Energy from November 21, 2014, Agreements on State Cooperation - the CIS member States on Preparedness in case of a nuclear accident or radiation emergency and mutual Assistance in Eliminating their consequences dated November 2, 2018 and the Agreement on Information Cooperation between the Member States of the Commonwealth of Independent States on the Movement of Radioactive Sources dated June 7, 2016,
Recognizing the need to protect the public and the environment from harmful effects and impacts resulting from possible accidents and intentional illegal acts related to the transboundary movement of radioactive materials,
promoting the development of mutually beneficial cooperation in the field of the use of radioactive materials and radiation technologies, ensuring nuclear and radiation safety during cross-border transportation of radioactive materials,
Having regard to the Convention on the Physical Protection of Nuclear Material and Nuclear Installations of October 26, 1979, the IAEA/CEOS/2004 Code of Conduct on the Safety and Security of Radioactive Sources, IAEA/CEOS/IMO-EXP/2012 Guidelines on the Import and Export of Radioactive Sources, and Guidelines on the Management of Decommissioned Radioactive Materials. sources IAEA/CODEOC/MGT-DRS/2018 of the International Atomic Energy Agency (IAEA), the International Convention for the Suppression of Acts of Nuclear Terrorism of April 13, 2005, Vienna Convention on Civil Liability for Nuclear Damage of May 21, 1963,
have agreed on the following:
Article 1
For the purposes of this Agreement, the following terms have the following meanings:
The State of destination is a State party to this Agreement, into whose territory the import of radioactive materials is carried out.;
transit State - a State party to this Agreement through whose territory the transit of radioactive materials is carried out.;
The State of export is a State party to this Agreement, from whose territory the transboundary transportation of radioactive materials is carried out.;
the shipper is a legal entity or an individual authorized to send radioactive materials in accordance with the legislation of the States Parties to this Agreement.;
the recipient is a legal entity or an individual authorized to receive radioactive materials in accordance with the legislation of the States Parties to this Agreement.;
carrier - a legal entity or individual engaged in the cross-border transportation of radioactive materials;
IAEA Rules - Rules for the Safe Transportation of Radioactive Materials of the IAEA (2018 edition, SSR-6);
radioactive material is a material containing radionuclides, the transportation of which is subject to the Rules of the IAEA;
transit is the movement of radioactive materials through the territory of a State party to this Agreement, if the points of departure and destination are not located on the territory of that state (with the exception of cases of movement of radioactive materials over the territory of that state by air, if it does not provide for landing);
cross-border transportation is the movement of radioactive materials from the territory of one State Party to this Agreement to or through the territory of another State Party to this Agreement (except in cases where radioactive materials are transported over the territory of this State by air, unless it provides for landing);
authorized (competent) body — a ministry, agency, state corporation or other organization that coordinates the activities of a Party that is authorized to regulate, monitor and control cross-border transportation of radioactive materials under this Agreement.
Article 2
The objectives of this Agreement are:
assistance in ensuring the safety of cross-border transportation of radioactive materials;
exclusion of unjustified delays in cross-border transportation of radioactive materials;
ensuring control of cross-border transportation of radioactive materials;
coordination of joint actions aimed at the stable functioning of processes related to cross-border transportation of radioactive materials.
Article 3
This Agreement applies to cross-border transportation of radioactive materials by rail, road, sea, inland waterway and air, which are carried out through the territories of the States Parties to this Agreement.
Each Party determines the authorized (competent) authorities for the implementation of this Agreement and informs the depositary of this Agreement simultaneously with the notification of the completion of the internal procedures necessary for the entry into force of this Agreement.
In the event of a change in the authorized (competent) authorities, the relevant Party shall inform the depositary of this Agreement through diplomatic channels within 30 calendar days.
Article 4
The transboundary transportation of radioactive materials is carried out in accordance with international treaties and the legislation of the States Parties to this Agreement on the basis of an agreement (contract) for the transboundary transportation of radioactive materials or another document that does not contradict the legislation of the States Parties to this Agreement.
Article 5
In order to carry out cross-border transportation of radioactive materials, the shipper, if provided for by the legislation of the State through whose territory the cross-border transportation is carried out, must have permits issued by the authorized (competent) authorities of the State of export, the State of transit (in case of transit) and the State of destination in accordance with the legislation of these States, including copies (or electronic copies) permits issued to the consignee and carriers.
Article 6
1. Permits required for cross-border transportation of radioactive materials in accordance with Article 5 of this Agreement must be issued subject to compliance with the requirements of the legislation of the relevant States to ensure:
nuclear and radiation safety;
physical protection of radioactive materials;
emergency preparedness and response in case of accidents during cross-border transportation;
fulfilling international obligations in the field of nuclear non-proliferation;
compensation for damage in case of accidents during cross-border transportation.
2. The need to obtain permits confirming compliance with the requirements of the legislation of the respective States not provided for in paragraph 1 of this article is regulated by the legislation of the States Parties to this Agreement.
Article 7
Cross-border transportation of radioactive materials is carried out if the carrier or a representative of the shipper/consignee accompanying the radioactive materials has a license to transport radioactive materials and/or other documents in accordance with the laws of the States Parties to this Agreement through whose territories the transportation is carried out, taking into account the provisions of international treaties and/or the international documents listed below (for States - participants in these international documents):
on Railways - Agreements on International Railway Freight Traffic dated November 1, 1951;
by Road - The European Agreement on the International Carriage of Dangerous Goods by Road of September 30, 1957;
by air transport - the rules and procedures in force between the Parties to bilateral or multilateral agreements on air transport, provided for in the Technical Instructions for the Safe Transport of Dangerous Goods by Air of the International Civil Aviation Organization (Doc 9284-AN/905);
by Inland Waterway - The European Agreement on the International Carriage of Dangerous Goods by Inland Waterways of May 26, 2000;
by sea - the International Code for the Maritime Transportation of Dangerous Goods dated September 27, 1965 and the International Code for the Safe Transportation of Irradiated Nuclear Fuel, Plutonium and High-level Radioactive Waste in Packaging on Ships dated May 27, 1999.
Article 8
The authorized (competent) authorities shall post on their official websites on the Internet within 30 days after the entry into force of this Agreement a list of documents required for cross-border transportation of radioactive materials across the territories of their States in accordance with Article 5 of this Agreement, as well as a description of the procedures for obtaining appropriate permits.
The Parties, within 30 days from the date of entry into force of this Agreement for them, shall send to the Executive Committee of the Commonwealth of Independent States the addresses of the official websites specified in the first paragraph of this article, which shall publish their list on its website on the Internet.
The authorized (competent) authorities shall consult on the issues of convergence of mechanisms for obtaining permits required for cross-border transportation of radioactive materials.
Article 9
Customs operations (customs clearance) and customs control in respect of radioactive materials are carried out in accordance with international treaties regulating customs relations, as well as the legislation of the States Parties to this Agreement on customs regulation.
Article 10
In case of cross-border transportation of radioactive materials, their physical protection is carried out in accordance with the legislation of the States. - the parties to this Agreement and the provisions of applicable international instruments referred to in Article 7 of this Agreement, while the requirements for the physical protection of nuclear materials may not be lower than those provided for by the Convention on the Physical Protection of Nuclear Material and Nuclear Installations of October 26, 1979, the Recommendations on Nuclear Security concerning the Physical Protection of Nuclear Materials and Nuclear Installations (INFCIRC/225/Revision 5).
Article 11
The authorized (competent) authorities shall inform each other of significant violations of the provisions of this Agreement or the relevant provisions of the legislation of the States Parties to this Agreement during cross-border transportation of radioactive materials and take measures to eliminate such violations and their consequences.
The authorized (competent) authorities assist each other in finding effective methods and methods of verifying the parameters of radioactive materials stated in the relevant documents, inform each other in advance of all prohibitions and restrictions on the import/transit of certain types of radioactive materials, indicating their specific list, and also consult on an ongoing basis on the exchange of experience in order to improve the effectiveness of combating illegal cross-border transportation of radioactive materials.
Article 12
Upon identification of circumstances related to a possible threat of violations of nuclear and radiation safety, as well as in violation of the provisions of this Agreement and/or the terms of validity of permits issued in accordance with Article 5 of this Agreement, the authorized (competent) authorities that issued the permits may revoke or suspend their validity in accordance with the legislation of their state. by notifying the authorized (competent) authorities of all States, in the territories of which the transboundary transportation of radioactive materials is carried out, and also has the right to suspend or terminate such transportation/transit.
The authorized (competent) authorities of the State that has taken the decision to suspend or terminate cross-border transportation shall immediately notify the authorized (competent) authorities of all States in whose territories such transportation is carried out.
In the event of a decision to stop the transboundary movement of radioactive materials, the necessary measures to ensure radiation safety are carried out in accordance with international treaties and the legislation of the States Parties to this Agreement.
Article 13
Measures to prevent accidents during the transboundary transportation of radioactive materials, as well as to protect personnel, the public and the environment from harmful effects and impacts, shall be carried out by the shipper, consignee and/or carrier in accordance with the agreement (contract) for the transboundary transportation of radioactive materials or other document in accordance with Article 4 of this Agreement in accordance with the legislation of the participating States. this Agreement. The agreement (contract) for the transboundary transportation of radioactive materials provides for measures to prevent accidents, insurance and other financial guarantees in case of a possible accident, as well as the place of transfer of responsibility for the physical protection of radioactive materials, and the procedure for transferring responsibility for protection (if any).
In the event of an accident that occurred during the transboundary transportation of radioactive materials, measures to eliminate its consequences, as well as to ensure security and communications in the accident area, are carried out by the forces of the State in whose territory the accident occurred, as well as by the forces of the shipper, the recipient (in whose territory the accident occurred) and/or the carrier in accordance with the agreement (contract) for the transboundary transportation of radioactive materials or other document in accordance with Article 4 of this Agreement in accordance with the legislation of the States - the parties to this Agreement.
On the basis of an official request for assistance from a Party sent through its authorized (competent) body in the territory of the State where the accident occurred, other Parties provide assistance to it for the speedy elimination of the consequences of the accident. In their assistance activities, the Parties are guided by the Convention on Assistance in the Event of a Nuclear Accident or Radiological Emergency of September 26, 1986.
Article 14
This Agreement may be amended by mutual agreement of the Parties, which are an integral part of it, which are formalized by the relevant protocol.
Article 15
Disputes between the Parties arising from the application and interpretation of this Agreement shall be resolved through consultations and negotiations between the Parties concerned or through another procedure agreed upon by the Parties.
Article 16
This Agreement shall enter into force 30 days after the date of receipt by the depositary of the third notification that the Signatories have completed the internal procedures necessary for its entry into force.
For the Parties that have completed the internal procedures later, this Agreement shall enter into force 30 days after the date of receipt by the depositary of the relevant documents.
Article 17
After its entry into force, this Agreement is open for accession by any CIS member State by submitting an instrument of accession to the depositary.
For the acceding State, this Agreement shall enter into force 30 days after the date of receipt by the depositary of the instrument of accession.
Article 18
This Agreement is concluded for an indefinite period. Each of the Parties has the right to withdraw from this Agreement by sending a written notification of its intention to the depositary no later than six months before the withdrawal and settling the obligations that have arisen during the validity of this Agreement.
Done on November 6, 2020, in one original copy in Russian. The original copy is kept in the Executive Committee of the Commonwealth of Independent States, which will send a certified copy to each signatory State of this Agreement.
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For the Government of the Azerbaijani Republic____________
For the Government of the Russian Federation.Mishustin
For the Government of the Republic of Armenia.Grigoryan
For the Government of the Republic of Tajikistan in accordance with the position of the Republic of Tajikistan
For the Government of the Republic of Belarus.Golovchenko
For the Government of Turkmenistan
For the Government of the Republic of Kazakhstan.Mother's
For the Government of the Republic of Uzbekistan.Aripov
For the Government of the Kyrgyz Republicis.Japarov
For the Government of Ukraine
For the Government of the Republic of Moldova
I hereby certify that the attached text is an authentic copy of the Agreement on Cross-Border Transportation of Radioactive Materials in the Member States of the Commonwealth of Independent States, drawn up as a result of signing by the heads of delegations of the CIS member States who participated in the meeting of the Council of Heads of Government of the Commonwealth of Independent States on November 6, 2020 using videoconference. Copies of the above-mentioned Agreement with the original signatures are kept in the Executive Committee of the Commonwealth of Independent States.
First Deputy Chairman of the Executive Committee - CIS Executive Secretary
V.A.Guminsky
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