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الطاقة النووية بين السلم والحرب - مجلة السياسة الدولية (من أرشيف المجلة) - نزار عثمان - 09-10-2006
[CENTER]402 UNTS 71
Entered into force June 23, 1961
Signed at Washington December 1, 1959
Ratification advised by U.S. Senate August 10, 1960
Ratified by U.S. President August 18, 1960
U.S. ratification deposited at Washington August 18, 1960
Proclaimed by U.S. President June 23, 1961
Entered into force June 23, 1961
The Governments of Argentina, Australia, Belgium, Chile, the French Republic, Japan, New Zealand,
Norway, the Union of South Africa, the Union of Soviet Socialist Republics, the United Kingdom of Great
Britain and Northern Ireland, and the United States of America,
Recognizing that it is in the interest of all mankind that Antarctica shall continue forever to be used
exclusively for peaceful purposes and shall not become the scene or object of international discord;
Acknowledging the substantial contributions to scientific knowledge resulting from international
cooperation in scientific investigation in Antarctica;
Convinced that the establishment of a firm foundation for the continuation and development of such
cooperation on the basis of freedom of scientific investigation in Antarctica as applied during the
International Geophysical Year accords with the interests of science and the progress of all mankind;
Convinced also that a treaty ensuring the use of Antarctica for peaceful purposes only and the
continuance of international harmony in Antarctica will further the purposes and principles embodied in
the Charter of the United Nations;
Have agreed as follows:
Article I
1. Antarctica shall be used for peaceful purposes only. There shall be prohibited, inter alia, any
measures of a military nature, such as the establishment of military bases and fortifications, the carrying
out of military maneuvers, as well as the testing of any type of weapons.
2. The present treaty shall not prevent the use of military personnel or equipment for scientific research
or for any other peaceful purposes.
Article II
Freedom of scientific investigation in Antarctica and cooperation toward that end, as applied during the
International Geophysical Year, shall continue, subject to the provisions of the present treaty.
Article III
1. In order to promote international cooperation in scientific investigation in Antarctica, as provided for in
Article II of the present treaty, the Contracting Parties agree that, to the greatest extent feasible and
practicable:
(a) information regarding plans for scientific programs in Antarctica shall be exchanged to permit
maximum economy and efficiency of operations;
(b) scientific personnel shall be exchanged in Antarctica between expeditions and stations;
© scientific observations and results from Antarctica shall be exchanged and made freely available.
2. In implementing this Article, every encouragement shall be given to the establishment of cooperative
working relations with those Specialized Agencies of the United Nations and other international
organizations having a scientific or technical interest in Antarctica.
Article IV
1. Nothing contained in the present treaty shall be interpreted as:
(a) a renunciation by any Contracting Party of previously asserted rights of or claims to territorial
sovereignty in Antarctica;
(b) a renunciation or diminution by any Contracting Party of any basis of claim to territorial sovereignty in
Antarctica which it may have whether as a result of its activities or those of its nationals in Antarctica, or
otherwise;
© prejudicing the position of any Contracting Party as regards its recognition or non-recognition of any
other States right of or claim or basis of claim to territorial sovereignty in Antarctica.
2. No acts or activities taking place while the present treaty is in force shall constitute a basis for
asserting, supporting or denying a claim to territorial sovereignty in Antarctica or create any rights of
sovereignty in Antarctica. No new claim, or enlargement of an existing claim, to territorial sovereignty in
Antarctica shall be asserted while the present treaty is in force.
Article V
1. Any nuclear explosions in Antarctica and the disposal there of radioactive waste material shall be
prohibited.
2. In the event of the conclusion of international agreements concerning the use of nuclear energy,
including nuclear explosions and the disposal of radioactive waste material, to which all of the
Contracting Parties whose representatives are entitled to participate in the meetings provided for under
Article IX are parties, the rules established under such agreements shall apply in Antarctica.
Article VI
The provisions of the present treaty shall apply to the area south of 60o South Latitude, including all ice
shelves, but nothing in the present treaty shall prejudice or in any way affect the rights, or the exercise
of the rights, of any State under international law with regard to the high seas within that area.
Article VII
1. In order to promote the objectives and ensure the observance of the provisions of the present treaty,
each Contracting Party whose representatives are entitled to participate in the meetings referred to in
Article IX of the treaty shall have the right to designate observers to carry out any inspection provided for
by the present Article. Observers shall be nationals of the Contracting Parties which designate them.
The names of observers shall be communicated to every other Contracting Party having the right to
designate observers, and like notice shall be given of the termination of their appointment.
2. Each observer designated in accordance with the provisions of paragraph 1 of this Article shall have
complete freedom of access at any time to any or all areas of Antarctica.
3. All areas of Antarctica, including all stations, installations and equipment within those areas, and all
ships and aircraft at points of discharging or embarking cargoes or personnel in Antarctica, shall be
open at all times to inspection by any observers designated in accordance with paragraph 1 of this
Article.
4. Aerial observation may be carried out at any time over any or all areas of Antarctica by any of the
Contracting Parties having the right to designate observers.
5. Each Contracting Party shall, at the time when the present treaty enters into force for it, inform the
other Contracting Parties, and thereafter shall give them notice in advance, of
(a) all expeditions to and within Antarctica, on the part of its ships or nationals, and all expeditions to
Antarctica organized in or proceeding from its territory;
(b) all stations in Antarctica occupied by its nationals; and
© any military personnel or equipment intended to be introduced by it into Antarctica subject to the
conditions prescribed in paragraph 2 of Article I of the present treaty.
Article VIII
1. In order to facilitate the exercise of their functions under the present treaty, and without prejudice to
the respective positions of the Contracting Parties relating to jurisdiction over all other persons in
Antarctica, observers designated under paragraph 1 of Article VII and scientific personnel exchanged
under subparagraph 1(b) of Article III of the treaty, and members of the staffs accompanying any such
persons, shall be subject only to the jurisdiction of the Contracting Party of which they are nationals in
respect of all acts or omissions occurring while they are in Antarctica for the purpose of exercising their
functions.
Without prejudice to the provisions of paragraph 1 of this Article, and pending the adoption of measures
in pursuance of subparagraph 1(e) of Article IX, the Contracting Parties concerned in any case of
dispute with regard to the exercise of jurisdiction in Antarctica shall immediately consult together with a
view to reaching a mutually acceptable solution.
Article IX
1. Representatives of the Contracting Parties named in the preamble to the present treaty shall meet at
the City of Canberra within two months after the date of entry into force of the treaty,and thereafter at
suitable intervals and places, for the purpose of exchanging information, consulting together on matters
of common interest pertaining to Antarctica, and formulating and considering, and recommending to
their Governments, measures in furtherance of the principles and objectives of the treaty, including
measures regarding:
(a) use of Antarctica for peaceful purposes only;
(b) facilitation of scientific research in Antarctica;
© facilitation of international scientific cooperation in Antarctica;
(d) facilitation of the exercise of the rights of inspection provided for in Article VII of the treaty;
(e) questions relating to the exercise of jurisdiction in Antarctica;
(f) preservation and conservation of living resources in Antarctica.
2. Each Contracting Party which has become a party to the present treaty by accession under Article
XIII shall be entitled to appoint representatives to participate in the meetings referred to in paragraph 1
of the present Article, during such time as that Contracting Party demonstrates its interest in Antarctica
by conducting substantial scientific research activity there, such as the establishment of a scientific
station or the despatch of a scientific expedition.
3. Reports from the observers referred to in Article VII of the present treaty shall be transmitted to the
representatives of the Contracting Parties participating in the meetings referred to in paragraph 1 of the
present Article.
4. The measures referred to in paragraph 1 of this Article shall become effective when approved by all
the Contracting Parties whose representatives were entitled to participate in the meetings held to
consider those measures.
5. Any or all of the rights established in the present treaty may be exercised from the date of entry into
force of the treaty whether or not any measures facilitating the exercise of such rights have been
proposed, considered or approved as provided in this Article.
Article X
Each of the Contracting Parties undertakes to exert appropriate efforts, consistent with the Charter of
the United Nations, to the end that no one engages in any activity in Antarctica contrary to the principles
or purposes of the present treaty.
Article XI
1. If any dispute arises between two or more of the Contracting Parties concerning the interpretation or
application of the present treaty, those Contracting Parties shall consult among themselves with a view
to having the dispute resolved by negotiation, inquiry, mediation, conciliation, arbitration, judicial
settlement or other peaceful means of their own choice.
2. Any dispute of this character not so resolved shall, with the consent, in each case, of all parties to the
dispute, be referred to the International Court of Justice for settlement; but failure to reach agreement on
reference to the International Court shall not absolve parties to the dispute from the responsibility of
continuing to seek to resolve it by any of the various peaceful means referred to in paragraph 1 of this
Article.
Article XII
1.(a) The present treaty may be modified or amended at any time by unanimous agreement of the
Contracting Parties whose representatives are entitled to participate in the meetings provided for under
Article IX. Any such modification or amendment shall enter into force when the depositary Government
has received notice from all such Contracting Parties that they have ratified it.
(b) Such modification or amendment shall thereafter enter into force as to any other Contracting Party
when notice of ratification by it has been received by the depositary Government. Any such Contracting
Party from which no notice of ratification is received within a period of two years from the date of entry
into force of the modification or amendment in accordance with the provisions of subparagraph 1(a) of
this Article shall be deemed to have withdrawn from the present treaty on the date of the expiration of
such period.
2.(a) If after the expiration of thirty years from the date of entry into force of the present treaty,any of the
Contracting Parties whose representatives are entitled to participate in the meetings provided for under
Article IX so requests by a communication addressed to the depositary Government, a Conference of all
the Contracting Parties shall be held as soon as practicable to review the operation of the treaty.
(b) Any modification or amendment to the present treaty which is approved at such a Conference by a
majority of the Contracting Parties there represented, including a majority of those whose
representatives are entitled to participate in the meetings provided for under Article IX, shall be
communicated by the depositary Government to all the Contracting Parties immediately after the
termination of the Conference and shall enter into force in accordance with the provisions of paragraph
1 of the present Article.
© If any such modification or amendment has not entered into force in accordance with the provisions
of subparagraph 1(a) of this Article within a period of two years after the date of its communication to all
the Contracting Parties, any Contracting Party may at any time after the expiration of that period give
notice to the depositary Government of its withdrawal from the present treaty; and such withdrawal shall
take effect two years after the receipt of the notice of the depositary Government.
Article XIII
1. The present treaty shall be subject to ratification by the signatory States. It shall be open for
accession by any State which is a Member of the United Nations, or by any other State which may be
invited to accede to the treaty with the consent of all the Contracting Parties whose representatives are
entitled to participate in the meetings provided for under Article IX of the treaty.
2. Ratification of or accession to the present treaty shall be effected by each State in accordance with its
constitutional processes.
3. Instruments of ratification and instruments of accession shall be deposited with the Government of the
United States of America, hereby designated as the depositary Government.
4. The depositary Government shall inform all signatory and acceding States of the date of each deposit
of an instrument of ratification or accession, and the date of entry into force of the treaty and of any
modification or amendment thereto.
5. Upon the deposit of instruments of ratification by all the signatory States, the present treaty shall enter
into force for those States and for States which have deposited instruments of accession. Thereafter the
treaty shall enter into force for any acceding State upon the deposit of its instrument of accession.
6. The present treaty shall be registered by the depositary Government pursuant to Article 102 of the
Charter of the United Nations.
Article XIV
The present treaty, done in the English, French, Russian and Spanish languages, each version being
equally authentic, shall be deposited in the archives of the Government of the United States of America,
which shall transmit duly certified copies thereof to the Governments of the signatory and acceding
States.
IN WITNESS WHEREOF the undersigned Plenipotentiaries, duly authorized, have signed the present
treaty.
DONE at Washington this first day of December, one thousand nine hundred and fifty-nine.
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الطاقة النووية بين السلم والحرب - مجلة السياسة الدولية (من أرشيف المجلة) - نزار عثمان - 09-10-2006
[CENTER]TREATY FOR THE PROHIBITION OF NUCLEAR WEAPONS IN LATIN AMERICA AND THE CARIBBEAN (TREATY OF TLATELOLCO)
Opened for Signature: 14 February 1967.
Entered into Force: 25 April 1969.
Number of Signatories: 33 states.
Number of Ratifications: 33 states.
Duration: The treaty is of a permanent nature and shall remain in force indefinitely.
Treaty Text
On 23 October 2002, the Tlatelolco Treaty came into full force throughout the region when Cuba, which was the only state that had not ratified the treaty, de-posited its instrument of ratification. Now all 33 states in the region of Latin America and the Carib-bean have signed and ratified the treaty. The Tlatelolco Treaty has served as a model for all future nuclear-weapon-free zone (NWFZ) agreements.
Background: Costa Rica was the first regional state to propose a Latin American nuclear arms control arrangement at an Organization for the American States (OAS) Council meeting in 1958, which sought to prevent the manufacture of nuclear arms or their acquisition from the nuclear weapon states (NWS). Other proposals were unsuccessfully floated within the OAS context during 1958-1960.
French nuclear weapon testing in the Sahara in 1960, together with the South African apartheid regime’s interest in nuclear arms, led the African states to is-sue a call for an African NWFZ, which was endorsed by the UN General Assembly in 1961. Alone among Latin American states, Brazil supported the African NWFZ resolution and proposed a similar zone in this region. The efforts of Alfonso Garcia Robles as Mexican ambassador to Brazil eventually led in March 1963 to Bolivia, Brazil, Chile, and Ecuador joining Mexico in supporting a Latin American NWFZ.
Treaty Obligations: The treaty aims to prohibit and prevent in the region: (a) the testing, use, manufac-ture, production, or acquisition by any means what-soever of any nuclear weapons, by the Parties them-selves, directly or indirectly, on behalf of anyone else, or in any other way, and (b) the receipt, storage, installation, deployment, and any form of possession
of any nuclear weapons, directly or indirectly, by the Parties themselves, by anyone on their behalf, or in any other way. The Parties also undertake to refrain from engaging in encouraging or authorizing, directly or indirectly, or in any way participating in the test-ing, use, manufacture, production, possession, or control of any nuclear weapons.
Treaty Zone: The treaty covers the region and large sectors of the Pacific and Atlantic Oceans.
Verification and Compliance: Verification: Verifi-cation is accomplished by concluding multilateral or bilateral agreements with the International Atomic Energy Agency (IAEA) for the application of its safeguards to nuclear activities of States Parties to the treaty. In addition, the Agency for the Prohibition of Nuclear Weapons in Latin America and the Carib-bean (OPANAL) is an inter-governmental agency created by the Treaty of Tlatelolco to ensure that the obligations of the treaty are met. Compliance: The General Conference, the supreme organ of the OPANAL agency, will take note of all cases in which any Contracting Party is not complying fully with its obligations under this treaty and shall draw the matter to the attention of the Party concerned, making such recommendations as it deems appropriate. If such non-compliance constitutes a violation of this treaty which might endanger peace and security, the Gen-eral Conference may report simultaneously to the United Nations Security Council and the General Assembly through the Secretary-General of the United Nations, and to the Council of the Organiza-tion of American States. The General Conference shall likewise report to the IAEA for such purposes as are relevant in accordance with its Statute.
Additional Protocol I provides for the application of the status of de-nuclearization in territories for which, de jure or de facto, France, the Netherlands, the United Kingdom, and the United States are interna-tionally responsible, and which lie within the limits of the geographic zone established by the treaty. All four states have acceded to Protocol I. Signed: France on 2 March 1979, the Netherlands on 15 March 1968, United Kingdom on 20 December 1967, and United States on 26 May 1977. Ratified: France on 24 Au-gust 1992, the Netherlands on 26 July 1971, United
Kingdom on 11 December 1969, and United States on 23 November 1981.
Additional Protocol II obliges all NWS to respect the status of denuclearization of the relevant geo-graphic zone and commits them not to use or threaten to use nuclear weapons against parties to the treaty. All five NWS acceded to the protocol. Ratified: France on 22 March 1974, China on 2 June 1974, United Kingdom on 11 December 1969, United States on 12 May 1971, and USSR on 8 January 1979.
Developments:
2005: On 26-28 April, the Conference of States Par-ties and Signatories of Treaties that establish Nu-clear-Weapon-Free Zones was held in Tlatelolco, Mexico. The Conference adopted a declaration, which reaffirms that nuclear weapons constitute a threat to al humanity, urges nuclear weapons states to adopt negative security assurances, and stresses the importance of the right to peaceful uses of nuclear energy.
2003: The XVIII Session of the General Conference of The Agency for the Prohibition of Nuclear Weap-ons in Latin America and the Caribbean (OPANAL) adopted several resolutions related to the Tlatelolco Treaty:
• CG/Res. 439 Status of the Treaty and its Addi-tional Protocols
• CG/Res. 444 Prevention of Radioactive Con-tamination of the Marine Environment within the Framework of the Treaty of Tlatelolco: Trans-portation of radioactive material
• CG/Res. 447 Declarations of Nuclear Powers to the Additional Protocols I and II of the Treaty of Tlatelolco.
2002: On 23 October, Cuba ratified the Tlateloco Treaty. With its ratification, the treaty came into full force throughout the region. Cuba had announced to the UNGA that it would accede to the NPT and ratify the Tlateloco Treaty on 14 October.
1995: On 25 March, Cuba signed the Tlateloco Treaty and signed its amendments in December. However, it did not ratify the treaty. Now all 33 states in the region of Latin America and the Carib-bean had become signatories of the treaty. It took the treaty almost 30 years to secure universality of mem-bership in the region.
1969: The treaty entered into force on 25 April, after 11 states of the region ratified it and exercised the right to waive requirements laid down in Article 28. Subsequently, it becomes effective for each addi-
tional state, individually, after it ratifies the treaty and exercises its right of waiver.
Point of Contact:
Agency for the Prohibition of Nuclear Weapons in
Latin America and the Caribbean (OPANAL)
Col. Chapultepec Morales
Schiller 326 - 5º piso
México D.F. 11570 México
http://www.opanal.org
Tel: (52-55) 5255-2914, 5255-4198 and 5545-9251
Fax: (52-55) 5255-3748
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الطاقة النووية بين السلم والحرب - مجلة السياسة الدولية (من أرشيف المجلة) - نزار عثمان - 09-10-2006
[CENTER]Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies
Opened for signature at London (L), Moscow (M) and Washington (W): 27 January 1967 Entered into force: 10 October 1967 Depositary Governments: Russian Federation, United Kingdom of Great Britain and Northern Ireland and United States of America The States Parties to this Treaty, Inspired by the great prospects opening up before mankind as a result of man's entry into outer space, Recognizing the common interest of all mankind in the progress of the exploration and use of outer space for peaceful purposes, Believing that the exploration and use of outer space should be carried on for the benefit of all peoples irrespective of the degree of their economic or scientific development, Desiring to contribute to broad international co-operation in the scientific as well as the legal aspects of the exploration and use of outer space for peaceful purposes, Believing that such co-operation will contribute to the development of mutual understanding and to the strengthening of friendly relations between States and peoples, Recalling resolution 1962 (XVIII), entitled "Declaration of Legal Principles Governing the Activities of States in the Exploration and Use of Outer Space," which was adopted unanimously by the United Nations General Assembly on 13 December 1963, Recalling resolution 1884 (XVIII), calling upon States to refrain from placing in orbit around
the earth any objects carrying nuclear weapons or any other kinds of weapons of mass destruction or from installing such weapons on celestial bodies, which was adopted unanimously by the United Nations General Assembly on 17 October 1963, Taking account of United Nations General Assembly resolution 110 (II) of 3 November 1947, which condemned propaganda designed or likely to provoke or encourage any threat to the peace, breach of the peace or act of aggression, and considering that the aforementioned resolution is applicable to outer space, Convinced that a Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies, will further the Purposes and Principles of the Charter of the United Nations, Have agreed on the following:
Article I
The exploration and use of outer space, including the Moon and other celestial bodies, shall be carried out for the benefit and in the interests of all countries, irrespective of their degree of economic or scientific development, and shall be the province of all mankind. Outer space, including the Moon and other celestial bodies, shall be free for exploration and use by all States without discrimination of any kind, on a basis of equality and in accordance with international law, and there shall be free access to all areas of celestial bodies. There shall be freedom of scientific investigation in outer space, including the Moon and other celestial bodies, and States shall facilitate and encourage international co-operation in such investigation.
Article II
Outer space, including the Moon and other celestial bodies, is not subject to national appropriation by claim of sovereignty, by means of use or occupation, or by any other means.
Article III
States Parties to the Treaty shall carry on activities in the exploration and use of outer space, including the Moon and other celestial bodies, in accordance with international law, including
the Charter of the United Nations, in the interest of maintaining international peace and security and promoting international co-operation and understanding.
Article IV
States Parties to the Treaty undertake not to place in orbit around the Earth any objects carrying nuclear weapons or any other kinds of weapons of mass destruction, install such weapons on celestial bodies, or station such weapons in outer space in any other manner. The Moon and other celestial bodies shall be used by all States Parties to the Treaty exclusively for peaceful purposes. The establishment of military bases, installations and fortifications, the testing of any type of weapons and the conduct of military maneuvers on celestial bodies shall be forbidden. The use of military personnel for scientific research or for any other peaceful purposes shall not be prohibited. The use of any equipment or facility necessary for peaceful exploration of the moon and other celestial bodies shall also not be prohibited.
Article V
States Parties to the Treaty shall regard astronauts as envoys of mankind in outer space and shall render to them all possible assistance in the event of accident, distress, or emergency landing on the territory of another State Party or on the high seas. When astronauts make such a landing, they shall be safely and promptly returned to the State of registry of their space vehicle. In carrying on activities in outer space and on celestial bodies, the astronauts of one State Party shall render all possible assistance to the astronauts of other States Parties. States Parties to the Treaty shall immediately inform the other States Parties to the Treaty or the Secretary-General of the United Nations of any phenomena they discover in outer space, including the Moon and other celestial bodies, which could constitute a danger to the life or health of astronauts.
Article VI
States Parties to the Treaty shall bear international responsibility for national activities in outer space, including the Moon and other celestial bodies, whether such activities are carried on by governmental agencies or by non-governmental entities, and for assuring that national activities are carried out in conformity with the provisions set forth in the present
Treaty. The activities of non-governmental entities in outer space, including the Moon and other celestial bodies, shall require authorization and continuing supervision by the appropriate State Party to the Treaty. When activities are carried on in outer space, including the Moon and other celestial bodies, by an international organization, responsibility for compliance with this Treaty shall be borne both by the international organization and by the States Parties to the Treaty participating in such organization.
Article VII
Each State Party to the Treaty that launches or procures the launching of an object into outer space, including the Moon and other celestial bodies, and each State Party from whose territory or facility an object is launched, is internationally liable for damage to another State Party to the Treaty or to its natural or juridical persons by such object or its component parts on the Earth, in air space or in outer space, including the Moon and other celestial bodies.
Article VIII
A State Party to the Treaty on whose registry an object launched into outer space is carried shall retain jurisdiction and control over such object, and over any personnel thereof, while in outer space or on a celestial body. Ownership of objects launched into outer space, including objects landed or constructed on a celestial body, and of their component parts, is not affected by their presence in outer space or on a celestial body or by their return to the Earth. Such objects or component parts found beyond the limits of the State Party to the Treaty on whose registry they are carried shall be returned to that State Party, which shall, upon request, furnish identifying data prior to their return.
Article IX
In the exploration and use of outer space, including the Moon and other celestial bodies, States Parties to the Treaty shall be guided by the principle of co-operation and mutual assistance and shall conduct all their activities in outer space, including the Moon and other celestial bodies, with due regard to the corresponding interests of all other States Parties to the Treaty. States Parties to the Treaty shall pursue studies of outer space, including the Moon and other celestial bodies, and conduct exploration of them so as to avoid their harmful contamination and also adverse changes in the environment of the Earth resulting from the introduction of extraterrestrial matter and, where necessary, shall adopt appropriate measures for this purpose. If a State Party to the Treaty has reason to believe that an activity or experiment planned by it or its nationals in outer space, including the Moon and
other celestial bodies, would cause potentially harmful interference with activities of other States Parties in the peaceful exploration and use of outer space, including the Moon and other celestial bodies, it shall undertake appropriate international consultations before proceeding with any such activity or experiment. A State Party to the Treaty which has reason to believe that an activity or experiment planned by another State Party in outer space, including the Moon and other celestial bodies, would cause potentially harmful interference with activities in the peaceful exploration and use of outer space, including the Moon and other celestial bodies, may request consultation concerning the activity or experiment.
Article X
In order to promote international co-operation in the exploration and use of outer space, including the Moon and other celestial bodies, in conformity with the purposes of this Treaty, the States Parties to the Treaty shall consider on a basis of equality any requests by other States Parties to the Treaty to be afforded an opportunity to observe the flight of space objects launched by those States. The nature of such an opportunity for observation and the conditions under which it could be afforded shall be determined by agreement between the States concerned.
Article XI
In order to promote international co-operation in the peaceful exploration and use of outer space, States Parties to the Treaty conducting activities in outer space, including the Moon and other celestial bodies, agree to inform the Secretary-General of the United Nations as well as the public and the international scientific community, to the greatest extent feasible and practicable, of the nature, conduct, locations and results of such activities. On receiving the said information, the Secretary-General of the United Nations should be prepared to disseminate it immediately and effectively.
Article XII
All stations, installations, equipment and space vehicles on the Moon and other celestial bodies shall be open to representatives of other States Parties to the Treaty on a basis of reciprocity. Such representatives shall give reasonable advance notice of a projected visit, in order that appropriate consultations may be held and that maximum precautions may be taken to assure safety and to avoid interference with normal operations in the facility to be
visited.
Article XIII
The provisions of this Treaty shall apply to the activities of States Parties to the Treaty in the exploration and use of outer space, including the Moon and other celestial bodies, whether such activities are carried on by a single State Party to the Treaty or jointly with other States, including cases where they are carried on within the framework of international intergovernmental organizations. Any practical questions arising in connection with activities carried on by international inter-governmental organizations in the exploration and use of outer space, including the Moon and other celestial bodies, shall be resolved by the States Parties to the Treaty either with the appropriate international organization or with one or more States members of that international organization, which are Parties to this Treaty.
Article XIV
1. This Treaty shall be open to all States for signature. Any State which does not sign this Treaty before its entry into force in accordance with paragraph 3 of this article may accede to it at any time. 2. This Treaty shall be subject to ratification by signatory States. Instruments of ratification and instruments of accession shall be deposited with the Governments of the United States of America, the United Kingdom of Great Britain and Northern Ireland and the Union of Soviet Socialist Republics, which are hereby designated the Depositary Governments. 3. This Treaty shall enter into force upon the deposit of instruments of ratification by five Governments including the Governments designated as Depositary Governments under this Treaty. 4. For States whose instruments of ratification or accession are deposited subsequent to the entry into force of this Treaty, it shall enter into force on the date of the deposit of their instruments of ratification or accession. 5. The Depositary Governments shall promptly inform all signatory and acceding States of the date of each signature, the date of deposit of each instrument of ratification of and accession to this Treaty, the date of its entry into force and other notices.
6. This Treaty shall be registered by the Depositary Governments pursuant to Article 102 of the Charter of the United Nations.
Article XV
Any State Party to the Treaty may propose amendments to this Treaty. Amendments shall enter into force for each State Party to the Treaty accepting the amendments upon their acceptance by a majority of the States Parties to the Treaty and thereafter for each remaining State Party to the Treaty on the date of acceptance by it.
Article XVI
Any State Party to the Treaty may give notice of its withdrawal from the Treaty one year after its entry into force by written notification to the Depositary Governments. Such withdrawal shall take effect one year from the date of receipt of this notification.
Article XVII
This Treaty, of which the English, Russian, French, Spanish and Chinese texts are equally authentic, shall be deposited in the archives of the Depositary Governments. Duly certified copies of this Treaty shall be transmitted by the Depositary Governments to the Governments of the signatory and acceding States. IN WITNESS WHEREOF the undersigned, duly authorized, have signed this Treaty. DONE in triplicate, at the cities of Washington, London and Moscow, this twenty-seventh day of January one thousand nine hundred sixty-seven.
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الطاقة النووية بين السلم والحرب - مجلة السياسة الدولية (من أرشيف المجلة) - نزار عثمان - 09-10-2006
[CENTER]التجارب النووية
Agreement Between the United States of America and the
Union of Soviet Socialist Republics on the Conduct of a Joint
Verification Experiment May 31, 1988
The United States of America and the Union of Soviet Socialist Republics, hereinafter referred to as the
Parties,
Reaffirming the statement of the Secretary of State of the United States and the Foreign Minister of the
Union of Soviet Socialist Republics of December 9, 1987,
Proceeding from the agreement to conduct a joint Verification Experiment, hereinafter referred to as
JVE, for the purpose of the elaboration of effective verification measures for the Treaty Between the
United States of America and the Union of Soviet Socialist Republics on the Limitation of Underground
Nuclear Weapon Tests, hereinafter referred to as the 1974 Treaty on the Limitation of Underground
Nuclear Weapon Tests,
Taking into account the agreements reached by the U. S. and Soviet delegations at the negotiations in
Geneva on specific JVE technical procedures and organizational plans in full conformity with the
December 9, 1987, ministerial statement,
Have agreed as follows:
1. For purposes of the JVE, there shall be two nuclear explosions, one at the U.S. Nevada Test Site and
one at the USSR Semipalatinsk Test Site, each hereinafter being referred to as a JVE explosion.
2. The planned yield of the JVE explosion at each test site shall be not less than 100 kilotons and shall
approach 150 kilotons.
3. Each Party shall have the opportunity to measure, on the basis of reciprocity, the yield of the JVE
explosion conducted at the other Party's test site using teleseismic methods and, at the other's test site,
using hydrodynamic yield measurement methods.
4. Each Party shall also perform teleseismic measurements with its national seismic station network for
both JVE explosions. To assist in teleseismic measurement, the Parties shall exchange data on five
nuclear explosions conducted after January 1, 1978 but before January 1, 1988 to include yield, date
and time, geographic coordinates, depth of burial, and associated geological and geophysical data. For
each of these historical explosions, the Parties shall exchange teleseismic recordings taken at five
designated stations on each side including station corrections and the best network seismic magnitude.
5. Each Party shall perform hydrodynamic yield measurements within the satellite hole provided for that
purpose of the JVE explosions at both Parties' test sites using the methods it has identified in this
Agreement.
6. As a yield standard, the experiment will include yield measurement within the emplacement hole of
the JVE explosions at both Parties' test sites using the hydrodynamic methods each Party has identified
in this Agreement. Each Party shall report to the other Party the yield values of each of the JVE
explosions that are derived by each Party on the basis of hydrodynamic yield measurements undertaken
within the satellite hole and within the emplacement hole. Each Party shall undertake for the purpose of
the JVE to ensure at its test site a test configuration that will allow each Party to obtain an accurate yield
standard of the JVE explosion. The use of hydrodynamic yield measurement methods within the
emplacement hole by the visiting Party is being undertaken only in the JVE, and such measurement
methods within the emplacement hole shall not be proposed by either Party for verification of the 1974
Treaty on the Limitation of Underground Nuclear Weapon Tests.
7. In the course of the JVE, each Party shall carry out teleseismic measurements of both JVE
explosions at its five seismic stations for which historical data were exchanged. The Parties shall
exchange the seismic data obtained in the JVE in corresponding detail to that exchanged for the
historical explosions.
8. The JVE will provide information on the basis of which each Party can demonstrate the effectiveness
of its hydrodynamic yield measurement methods at the test site of the other Party. Because the JVE is
not designed to produce statistically significant results, it cannot by itself establish statistical proof of the
accuracy of any particular yield measurement method.
9. The JVE conducted at both test sites will provide sufficient information to resolve all concerns, except
those of a statistical nature, that have been identified by either Party regarding methods proposed by the
other Party for verification of the 1974 Treaty on the Limitation of Underground Nuclear Weapon Tests
by providing an example of the effectiveness of the verification methods used in the JVE and by
demonstrating their practicability and non-intrusiveness.
10. Specific design procedures of the JVE configuration within the emplacement hole that may have
been necessary to accommodate technical objectives of the JVE shall not provide a basis for objections
by either Party regarding the use of hydrodynamic yield measurements within the satellite hole for future
nuclear tests. Such design procedures of the JVE configuration shall not establish a precedent for
requiring similar design procedures in the two Parties' future tests as a condition for agreement on
measures permitting effective verification of the 1974 Treaty on the Limitation of Underground Nuclear
Weapon Tests.
11. The JVE will assist the Parties in: finalizing operational procedures for the conduct of hydrodynamic
yield measurements within the satellite hole and teleseismic yield measurements for verification of future
nuclear tests; establishing procedures for gathering the geological and geophysical data that is to be
exchanged in accordance with any future yield measurement method proposed by either Party;
determining procedures for exchange of data by the Parties on shock-wave properties of rock;
comparing procedures to be used by the Parties for analyzing results of either hydrodynamic or
teleseismic yield measurement methods proposed by either Party; and considering improved measures
for reducing any intrusiveness associated with the verification methods proposed by each Party.
12. The Parties will use their best efforts to conduct the JVE explosions in accordance with the schedule
specified in the Annex.
13. The exchange of the data obtained in the preparation for and conduct of the JVE and of the results
of the analysis by each Party will be done in accordance with the schedule specified in the Annex with a
view toward agreement on measures providing for effective verification of the 1974 Treaty on the
Limitation of Underground Nuclear Weapon Tests.
14. Upon request by either Party, the Parties shall meet promptly to discuss any question or concern
that may arise concerning the provisions of this Agreement.
15. Each Party shall treat with due respect the personnel of the other Party in its territory in connection
with the preparatory work for, and execution of, the JVE and shall take all appropriate steps to prevent
any attack on the person, freedom and dignity of such personnel.
16. To ensure the effective implementation of the foregoing provisions, the Parties have reached the
agreements set forth in the Annex, which form an integral part of this Agreement.
This Agreement, including the Annex hereto, shall enter into force upon signature.
DONE at Moscow on May 31, 1988, in two copies, each in the English and Russian languages, both
texts being equally authentic.
FOR THE UNITED STATES OF AMERICA
George P. Shultz
FOR THE UNION OF SOVIET SOCIALIST REPUBLICS
E. Shevardnadze
[/CENTER]
الطاقة النووية بين السلم والحرب - مجلة السياسة الدولية (من أرشيف المجلة) - نزار عثمان - 09-10-2006
[[CENTER]COLOR=Blue]COMPREHENSIVE NUCLEAR-TEST-BAN TREATY
PREAMBLE[/COLOR]
The States Parties to this Treaty (hereinafter referred
to as "the States Parties"),
Welcoming the international agreements and other
positive measures of recent years in the field of nuclear
disarmament, including reductions in arsenals of nuclear
weapons, as well as in the field of the prevention of nuclear
proliferation in all its aspects,
Underlining the importance of the full and prompt
implementation of such agreements and measures,
Convinced that the present international situation
provides an opportunity to take further effective measures
towards nuclear disarmament and against the proliferation
of nuclear weapons in all its aspects, and declaring their
intention to take such measures,
Stressing therefore the need for continued systematic
and progressive efforts to reduce nuclear weapons globally,
with the ultimate goal of eliminating those weapons, and of
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general and complete disarmament under strict and
effective international control,
Recognizing that the cessation of all nuclear weapon
test explosions and all other nuclear explosions, by
constraining the development and qualitative improvement
of nuclear weapons and ending the development of
advanced new types of nuclear weapons, constitutes an
effective measure of nuclear disarmament and nonproliferation
in all its aspects,
Further recognizing that an end to all such nuclear
explosions will thus constitute a meaningful step in the
realization of a systematic process to achieve nuclear
disarmament,
Convinced that the most effective way to achieve an
end to nuclear testing is through the conclusion of a
universal and internationally and effectively verifiable
comprehensive nuclear test-ban treaty, which has long
been one of the highest priority objectives of the
international community in the field of disarmament and
non-proliferation,
Noting the aspirations expressed by the Parties to the
1963 Treaty Banning Nuclear Weapon Tests in the
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Atmosphere, in Outer Space and Under Water to seek to
achieve the discontinuance of all test explosions of nuclear
weapons for all time,
Noting also the views expressed that this Treaty
could contribute to the protection of the environment,
Affirming the purpose of attracting the adherence of
all States to this Treaty and its objective to contribute
effectively to the prevention of the proliferation of nuclear
weapons in all its aspects, to the process of nuclear
disarmament and therefore to the enhancement of
international peace and security,
Have agreed as follows:
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ARTICLE I
BASIC OBLIGATIONS
1. Each State Party undertakes not to carry out any
nuclear weapon test explosion or any other nuclear
explosion, and to prohibit and prevent any such nuclear
explosion at any place under its jurisdiction or control.
2. Each State Party undertakes, furthermore, to refrain
from causing, encouraging, or in any way participating in the
carrying out of any nuclear weapon test explosion or any
other nuclear explosion.
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ARTICLE II
THE ORGANIZATION
A. GENERAL PROVISIONS
1. The States Parties hereby establish the
Comprehensive Nuclear Test-Ban Treaty Organization
(hereinafter referred to as "the Organization") to achieve the
object and purpose of this Treaty, to ensure the
implementation of its provisions, including those for
international verification of compliance with it, and to provide
a forum for consultation and cooperation among States
Parties.
2. All States Parties shall be members of the
Organization. A State Party shall not be deprived of its
membership in the Organization.
3. The seat of the Organization shall be Vienna,
Republic of Austria.
4. There are hereby established as organs of the
Organization: the Conference of the States Parties, the
Executive Council and the Technical Secretariat, which
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shall include the International Data Centre.
5. Each State Party shall cooperate with the
Organization in the exercise of its functions in accordance
with this Treaty. States Parties shall consult, directly among
themselves, or through the Organization or other
appropriate international procedures, including procedures
within the framework of the United Nations and in
accordance with its Charter, on any matter which may be
raised relating to the object and purpose, or the
implementation of the provisions, of this Treaty.
6. The Organization shall conduct its verification
activities provided for under this Treaty in the least intrusive
manner possible consistent with the timely and efficient
accomplishment of their objectives. It shall request only the
information and data necessary to fulfil its responsibilities
under this Treaty. It shall take every precaution to protect
the confidentiality of information on civil and military
activities and facilities coming to its knowledge in the
implementation of this Treaty and, in particular, shall abide
by the confidentiality provisions set forth in this Treaty.
7. Each State Party shall treat as confidential and afford
special handling to information and data that it receives in
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confidence from the Organization in connection with the
implementation of this Treaty. It shall treat such information
and data exclusively in connection with its rights and
obligations under this Treaty.
8. The Organization, as an independent body, shall
seek to utilize existing expertise and facilities, as
appropriate, and to maximize cost efficiencies, through
cooperative arrangements with other international
organizations such as the International Atomic Energy
Agency. Such arrangements, excluding those of a minor
and normal commercial and contractual nature, shall be set
out in agreements to be submitted to the Conference of the
States Parties for approval.
9. The costs of the activities of the Organization shall be
met annually by the States Parties in accordance with the
United Nations scale of assessments adjusted to take into
account differences in membership between the United
Nations and the Organization.
10. Financial contributions of States Parties to the
Preparatory Commission shall be deducted in an
appropriate way from their contributions to the regular
budget.
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11. A member of the Organization which is in arrears in
the payment of its assessed contribution to the Organization
shall have no vote in the Organization if the amount of its
arrears equals or exceeds the amount of the contribution
due from it for the preceding two full years. The Conference
of the States Parties may, nevertheless, permit such a
member to vote if it is satisfied that the failure to pay is due
to conditions beyond the control of the member.
B. THE CONFERENCE OF THE STATES PARTIES
Composition, Procedures and Decision-making
12. The Conference of the States Parties (hereinafter
referred to as "the Conference") shall be composed of all
States Parties. Each State Party shall have one
representative in the Conference, who may be accompanied
by alternates and advisers.
13. The initial session of the Conference shall be
convened by the Depositary no later than 30 days after the
entry into force of this Treaty.
14. The Conference shall meet in regular sessions, which
shall be held annually, unless it decides otherwise.
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15. A special session of the Conference shall be
convened:
(a) When decided by the Conference;
(b) When requested by the Executive Council; or
© When requested by any State Party and
supported by a majority of the States Parties.
The special session shall be convened no later than 30
days after the decision of the Conference, the request of the
Executive Council, or the attainment of the necessary
support, unless specified otherwise in the decision or
request.
16. The Conference may also be convened in the form of
an Amendment Conference, in accordance with Article VII.
17. The Conference may also be convened in the form of
a Review Conference, in accordance with Article VIII.
18. Sessions shall take place at the seat of the
Organization unless the Conference decides otherwise.
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19. The Conference shall adopt its rules of procedure. At
the beginning of each session, it shall elect its President
and such other officers as may be required. They shall hold
office until a new President and other officers are elected at
the next session.
20. A majority of the States Parties shall constitute a
quorum.
21. Each State Party shall have one vote.
22. The Conference shall take decisions on matters of
procedure by a majority of members present and voting.
Decisions on matters of substance shall be taken as far as
possible by consensus. If consensus is not attainable when
an issue comes up for decision, the President of the
Conference shall defer any vote for 24 hours and during this
period of deferment shall make every effort to facilitate
achievement of consensus, and shall report to the
Conference before the end of this period. If consensus is
not possible at the end of 24 hours, the Conference shall
take a decision by a two-thirds majority of members present
and voting unless specified otherwise in this Treaty. When
the issue arises as to whether the question is one of
substance or not, that question shall be treated as a matter
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of substance unless otherwise decided by the majority
required for decisions on matters of substance.
23. When exercising its function under paragraph 26 (k),
the Conference shall take a decision to add any State to the
list of States contained in Annex 1 to this Treaty in
accordance with the procedure for decisions on matters of
substance set out in paragraph 22. Notwithstanding
paragraph 22, the Conference shall take decisions on any
other change to Annex 1 to this Treaty by consensus.
Powers and Functions
24. The Conference shall be the principal organ of the
Organization. It shall consider any questions, matters or
issues within the scope of this Treaty, including those
relating to the powers and functions of the Executive
Council and the Technical Secretariat, in accordance with
this Treaty. It may make recommendations and take
decisions on any questions, matters or issues within the
scope of this Treaty raised by a State Party or brought to its
attention by the Executive Council.
25. The Conference shall oversee the implementation of,
and review compliance with, this Treaty and act in order to
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promote its object and purpose. It shall also oversee the
activities of the Executive Council and the Technical
Secretariat and may issue guidelines to either of them for
the exercise of their functions.
26. The Conference shall:
(a) Consider and adopt the report of the
Organization on the implementation of this Treaty and the
annual programme and budget of the Organization,
submitted by the Executive Council, as well as consider
other reports;
(b) Decide on the scale of financial contributions to
be paid by States Parties in accordance with paragraph 9;
© Elect the members of the Executive Council;
(d) Appoint the Director-General of the Technical
Secretariat (hereinafter referred to as "the Director-
General");
(e) Consider and approve the rules of procedure of
the Executive Council submitted by the latter;
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(f) Consider and review scientific and technological
developments that could affect the operation of this Treaty.
In this context, the Conference may direct the
Director-General to establish a Scientific Advisory Board to
enable him or her, in the performance of his or her
functions, to render specialized advice in areas of science
and technology relevant to this Treaty to the Conference, to
the Executive Council, or to States Parties. In that case, the
Scientific Advisory Board shall be composed of independent
experts serving in their individual capacity and appointed, in
accordance with terms of reference adopted by the
Conference, on the basis of their expertise and experience
in the particular scientific fields relevant to the
implementation of this Treaty;
(g) Take the necessary measures to ensure
compliance with this Treaty and to redress and remedy any
situation that contravenes the provisions of this Treaty, in
accordance with Article V;
(h) Consider and approve at its initial session any
draft agreements, arrangements, provisions, procedures,
operational manuals, guidelines and any other documents
developed and recommended by the Preparatory
Commission;
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(i) Consider and approve agreements or
arrangements negotiated by the Technical Secretariat with
States Parties, other States and international organizations
to be concluded by the Executive Council on behalf of the
Organization in accordance with paragraph 38 (h);
(j) Establish such subsidiary organs as it finds
necessary for the exercise of its functions in accordance
with this Treaty; and
(k) Update Annex 1 to this Treaty, as appropriate,
in accordance with paragraph 23.
C. THE EXECUTIVE COUNCIL
Composition, Procedures and Decision-making
27. The Executive Council shall consist of 51 members.
Each State Party shall have the right, in accordance with
the provisions of this Article, to serve on the Executive
Council.
28. Taking into account the need for equitable
geographical distribution, the Executive Council shall
comprise:
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(a) Ten States Parties from Africa;
(b) Seven States Parties from Eastern Europe;
© Nine States Parties from Latin America and the
Caribbean;
(d) Seven States Parties from the Middle East and
South Asia;
(e) Ten States Parties from North America and
Western Europe; and
(f) Eight States Parties from South-East Asia, the
Pacific and the Far East.
All States in each of the above geographical regions are
listed in Annex 1 to this Treaty. Annex 1 to this Treaty shall
be updated, as appropriate, by the Conference in
accordance with paragraphs 23 and 26 (k). It shall not be
subject to amendments or changes under the procedures
contained in Article VII.
29. The members of the Executive Council shall be
elected by the Conference. In this connection, each
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geographical region shall designate States Parties from that
region for election as members of the Executive Council as
follows:
(a) At least one-third of the seats allocated to each
geographical region shall be filled, taking into account
political and security interests, by States Parties in that
region designated on the basis of the nuclear capabilities
relevant to the Treaty as determined by international data as
well as all or any of the following indicative criteria in the
order of priority determined by each region:
(i) Number of monitoring facilities of the
International Monitoring System;
(ii) Expertise and experience in monitoring
technology; and
(iii) Contribution to the annual budget of
the Organization;
(b) One of the seats allocated to each geographical
region shall be filled on a rotational basis by the State Party
that is first in the English alphabetical order among the
States Parties in that region that have not served as
-17-
members of the Executive Council for the longest period of
time since becoming States Parties or since their last term,
whichever is shorter. A State Party designated on this basis
may decide to forgo its seat. In that case, such a State
Party shall submit a letter of renunciation to the Director-
General, and the seat shall be filled by the State Party
following next-in-order according to this sub-paragraph; and
© The remaining seats allocated to each
geographical region shall be filled by States Parties
designated from among all the States Parties in that region
by rotation or elections.
30. Each member of the Executive Council shall have
one representative on the Executive Council, who may be
accompanied by alternates and advisers.
31. Each member of the Executive Council shall hold
office from the end of the session of the Conference at
which that member is elected until the end of the second
regular annual session of the Conference thereafter, except
that for the first election of the Executive Council, 26
members shall be elected to hold office until the end of the
third regular annual session of the Conference, due regard
being paid to the established numerical proportions as
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described in paragraph 28.
32. The Executive Council shall elaborate its rules of
procedure and submit them to the Conference for approval.
33. The Executive Council shall elect its Chairman from
among its members.
34. The Executive Council shall meet for regular
sessions. Between regular sessions it shall meet as may
be required for the fulfilment of its powers and functions.
35. Each member of the Executive Council shall have
one vote.
36. The Executive Council shall take decisions on
matters of procedure by a majority of all its members. The
Executive Council shall take decisions on matters of
substance by a two-thirds majority of all its members unless
specified otherwise in this Treaty. When the issue arises as
to whether the question is one of substance or not, that
question shall be treated as a matter of substance unless
otherwise decided by the majority required for decisions on
matters of substance.
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Powers and Functions
37. The Executive Council shall be the executive organ of
the Organization. It shall be responsible to the Conference.
It shall carry out the powers and functions entrusted to it in
accordance with this Treaty. In so doing, it shall act in
conformity with the recommendations, decisions and
guidelines of the Conference and ensure their continuous
and proper implementation.
38. The Executive Council shall:
(a) Promote effective implementation of, and
compliance with, this Treaty;
(b) Supervise the activities of the Technical
Secretariat;
© Make recommendations as necessary to the
Conference for consideration of further proposals for
promoting the object and purpose of this Treaty;
(d) Cooperate with the National Authority of each
State Party;
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(e) Consider and submit to the Conference the draft
annual programme and budget of the Organization, the draft
report of the Organization on the implementation of this
Treaty, the report on the performance of its own activities
and such other reports as it deems necessary or that the
Conference may request;
(f) Make arrangements for the sessions of the
Conference, including the preparation of the draft agenda;
(g) Examine proposals for changes, on matters of
an administrative or technical nature, to the Protocol or the
Annexes thereto, pursuant to Article VII, and make
recommendations to the States Parties regarding their
adoption;
(h) Conclude, subject to prior approval of the
Conference, agreements or arrangements with States
Parties, other States and international organizations on
behalf of the Organization and supervise their
implementation, with the exception of agreements or
arrangements referred to in sub-paragraph (i);
(i) Approve and supervise the operation of
agreements or arrangements relating to the implementation
-21-
of verification activities with States Parties and other States;
and
(j) Approve any new operational manuals and any
changes to the existing operational manuals that may be
proposed by the Technical Secretariat.
39. The Executive Council may request a special session
of the Conference.
40. The Executive Council shall:
(a) Facilitate cooperation among States Parties, and
between States Parties and the Technical Secretariat,
relating to the implementation of this Treaty through
information exchanges;
(b) Facilitate consultation and clarification among
States Parties in accordance with Article IV; and
© Receive, consider and take action on requests
for, and reports on, on-site inspections in accordance with
Article IV.
41. The Executive Council shall consider any concern
-22-
raised by a State Party about possible non-compliance with
this Treaty and abuse of the rights established by this
Treaty. In so doing, the Executive Council shall consult with
the States Parties involved and, as appropriate, request a
State Party to take measures to redress the situation within
a specified time. To the extent that the Executive Council
considers further action to be necessary, it shall take, inter
alia, one or more of the following measures:
(a) Notify all States Parties of the issue or matter;
(b) Bring the issue or matter to the attention of the
Conference;
© Make recommendations to the Conference or
take action, as appropriate, regarding measures to redress
the situation and to ensure compliance in accordance with
Article V.
D. THE TECHNICAL SECRETARIAT
42. The Technical Secretariat shall assist States Parties
in the implementation of this Treaty. The Technical
Secretariat shall assist the Conference and the Executive
Council in the performance of their functions. The Technical
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Secretariat shall carry out the verification and other
functions entrusted to it by this Treaty, as well as those
functions delegated to it by the Conference or the Executive
Council in accordance with this Treaty. The Technical
Secretariat shall include, as an integral part, the
International Data Centre.
43. The functions of the Technical Secretariat with regard
to verification of compliance with this Treaty shall, in
accordance with Article IV and the Protocol, include inter
alia:
(a) Being responsible for supervising and
coordinating the operation of the International Monitoring
System;
(b) Operating the International Data Centre;
© Routinely receiving, processing, analysing and
reporting on International Monitoring System data;
(d) Providing technical assistance in, and support
for, the installation and operation of monitoring stations;
(e) Assisting the Executive Council in facilitating
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consultation and clarification among States Parties;
(f) Receiving requests for on-site inspections and
processing them, facilitating Executive Council
consideration of such requests, carrying out the
preparations for, and providing technical support during, the
conduct of on-site inspections, and reporting to the
Executive Council;
(g) Negotiating agreements or arrangements with
States Parties, other States and international organizations
and concluding, subject to prior approval by the Executive
Council, any such agreements or arrangements relating to
verification activities with States Parties or other States; and
(h) Assisting the States Parties through their
National Authorities on other issues of verification under this
Treaty.
44. The Technical Secretariat shall develop and maintain,
subject to approval by the Executive Council, operational
manuals to guide the operation of the various components
of the verification regime, in accordance with Article IV and
the Protocol. These manuals shall not constitute integral
parts of this Treaty or the Protocol and may be changed by
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the Technical Secretariat subject to approval by the
Executive Council. The Technical Secretariat shall promptly
inform the States Parties of any changes in the operational
manuals.
45. The functions of the Technical Secretariat with
respect to administrative matters shall include:
(a) Preparing and submitting to the Executive
Council the draft programme and budget of the
Organization;
(b) Preparing and submitting to the Executive
Council the draft report of the Organization on the
implementation of this Treaty and such other reports as the
Conference or the Executive Council may request;
© Providing administrative and technical support to
the Conference, the Executive Council and other subsidiary
organs;
(d) Addressing and receiving communications on
behalf of the Organization relating to the implementation of
this Treaty; and
(e) Carrying out the administrative responsibilities
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related to any agreements between the Organization and
other international organizations.
46. All requests and notifications by States Parties to the
Organization shall be transmitted through their National
Authorities to the Director-General. Requests and
notifications shall be in one of the official languages of this
Treaty. In response the Director-General shall use the
language of the transmitted request or notification.
47. With respect to the responsibilities of the Technical
Secretariat for preparing and submitting to the Executive
Council the draft programme and budget of the
Organization, the Technical Secretariat shall determine and
maintain a clear accounting of all costs for each facility
established as part of the International Monitoring System.
Similar treatment in the draft programme and budget shall
be accorded to all other activities of the Organization.
48. The Technical Secretariat shall promptly inform the
Executive Council of any problems that have arisen with
regard to the discharge of its functions that have come to its
notice in the performance of its activities and that it has
been unable to resolve through consultations with the State
Party concerned.
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49. The Technical Secretariat shall comprise a
Director-General, who shall be its head and chief
administrative officer, and such scientific, technical and
other personnel as may be required. The Director-General
shall be appointed by the Conference upon the
recommendation of the Executive Council for a term of four
years, renewable for one further term, but not thereafter.
The first Director-General shall be appointed by the
Conference at its initial session upon the recommendation
of the Preparatory Commission.
50. The Director-General shall be responsible to the
Conference and the Executive Council for the appointment
of the staff and for the organization and functioning of the
Technical Secretariat. The paramount consideration in the
employment of the staff and in the determination of the
conditions of service shall be the necessity of securing the
highest standards of professional expertise, experience,
efficiency, competence and integrity. Only citizens of States
Parties shall serve as the Director-General, as inspectors or
as members of the professional and clerical staff. Due
regard shall be paid to the importance of recruiting the staff
on as wide a geographical basis as possible. Recruitment
shall be guided by the principle that the staff shall be kept to
the minimum necessary for the proper discharge of the
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responsibilities of the Technical Secretariat.
51. The Director-General may, as appropriate, after
consultation with the Executive Council, establish temporary
working groups of scientific experts to provide
recommendations on specific issues.
52. In the performance of their duties, the
Director-General, the inspectors, the inspection assistants
and the members of the staff shall not seek or receive
instructions from any Government or from any other source
external to the Organization. They shall refrain from any
action that might reflect adversely on their positions as
international officers responsible only to the Organization.
The Director-General shall assume responsibility for the
activities of an inspection team.
53. Each State Party shall respect the exclusively
international character of the responsibilities of the
Director-General, the inspectors, the inspection assistants
and the members of the staff and shall not seek to influence
them in the discharge of their responsibilities.
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E. PRIVILEGES AND IMMUNITIES
54. The Organization shall enjoy on the territory and in
any other place under the jurisdiction or control of a State
Party such legal capacity and such privileges and
immunities as are necessary for the exercise of its
functions.
55. Delegates of States Parties, together with their
alternates and advisers, representatives of members
elected to the Executive Council, together with their
alternates and advisers, the Director-General, the
inspectors, the inspection assistants and the members of
the staff of the Organization shall enjoy such privileges and
immunities as are necessary in the independent exercise of
their functions in connection with the Organization.
56. The legal capacity, privileges and immunities referred
to in this Article shall be defined in agreements between the
Organization and the States Parties as well as in an
agreement between the Organization and the State in which
the Organization is seated. Such agreements shall be
considered and approved in accordance with paragraph 26
(h) and (i).
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57. Notwithstanding paragraphs 54 and 55, the privileges
and immunities enjoyed by the Director-General, the
inspectors, the inspection assistants and the members of
the staff of the Technical Secretariat during the conduct of
verification activities shall be those set forth in the Protocol.
-31-
ARTICLE III
NATIONAL IMPLEMENTATION MEASURES
1. Each State Party shall, in accordance with its
constitutional processes, take any necessary measures to
implement its obligations under this Treaty. In particular, it
shall take any necessary measures:
(a) To prohibit natural and legal persons anywhere
on its territory or in any other place under its jurisdiction as
recognized by international law from undertaking any
activity prohibited to a State Party under this Treaty;
(b) To prohibit natural and legal persons from
undertaking any such activity anywhere under its control;
and
© To prohibit, in conformity with international law,
natural persons possessing its nationality from undertaking
any such activity anywhere.
2. Each State Party shall cooperate with other States
Parties and afford the appropriate form of legal assistance
to facilitate the implementation of the obligations under
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paragraph 1.
3. Each State Party shall inform the Organization of the
measures taken pursuant to this Article.
4. In order to fulfil its obligations under the Treaty, each
State Party shall designate or set up a National Authority
and shall so inform the Organization upon entry into force of
the Treaty for it. The National Authority shall serve as the
national focal point for liaison with the Organization and with
other States Parties.
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ARTICLE IV
VERIFICATION
A. GENERAL PROVISIONS
1. In order to verify compliance with this Treaty, a
verification regime shall be established consisting of the
following elements:
(a) An International Monitoring System;
(b) Consultation and clarification;
© On-site inspections; and
(d) Confidence-building measures.
At entry into force of this Treaty, the verification regime shall
be capable of meeting the verification requirements of this
Treaty.
2. Verification activities shall be based on objective
information, shall be limited to the subject matter of this
Treaty, and shall be carried out on the basis of full respect
-34-
for the sovereignty of States Parties and in the least
intrusive manner possible consistent with the effective and
timely accomplishment of their objectives. Each State Party
shall refrain from any abuse of the right of verification.
3. Each State Party undertakes in accordance with this
Treaty to cooperate, through its National Authority
established pursuant to Article III, paragraph 4, with the
Organization and with other States Parties to facilitate the
verification of compliance with this Treaty by, inter alia:
(a) Establishing the necessary facilities to
participate in these verification measures and establishing
the necessary communication;
(b) Providing data obtained from national stations
that are part of the International Monitoring System;
© Participating, as appropriate, in a consultation
and clarification process;
(d) Permitting the conduct of on-site inspections;
and
(e) Participating, as appropriate, in confidence-
35-
building measures.
4. All States Parties, irrespective of their technical and
financial capabilities, shall enjoy the equal right of
verification and assume the equal obligation to accept
verification.
5. For the purposes of this Treaty, no State Party shall
be precluded from using information obtained by national
technical means of verification in a manner consistent with
generally recognized principles of international law,
including that of respect for the sovereignty of States.
6. Without prejudice to the right of States Parties to
protect sensitive installations, activities or locations not
related to this Treaty, States Parties shall not interfere with
elements of the verification regime of this Treaty or with
national technical means of verification operating in
accordance with paragraph 5.
7. Each State Party shall have the right to take
measures to protect sensitive installations and to prevent
disclosure of confidential information and data not related to
this Treaty.
-36-
8. Moreover, all necessary measures shall be taken to
protect the confidentiality of any information related to civil
and military activities and facilities obtained during
verification activities.
9. Subject to paragraph 8, information obtained by the
Organization through the verification regime established by
this Treaty shall be made available to all States Parties in
accordance with the relevant provisions of this Treaty and
the Protocol.
10. The provisions of this Treaty shall not be interpreted
as restricting the international exchange of data for scientific
purposes.
11. Each State Party undertakes to cooperate with the
Organization and with other States Parties in the
improvement of the verification regime, and in the
examination of the verification potential of additional
monitoring technologies such as electromagnetic pulse
monitoring or satellite monitoring, with a view to developing,
when appropriate, specific measures to enhance the
efficient and cost-effective verification of this Treaty. Such
measures shall, when agreed, be incorporated in existing
provisions in this Treaty, the Protocol or as additional
-37-
sections of the Protocol, in accordance with Article VII, or, if
appropriate, be reflected in the operational manuals in
accordance with Article II, paragraph 44.
12. The States Parties undertake to promote cooperation
among themselves to facilitate and participate in the fullest
possible exchange relating to technologies used in the
verification of this Treaty in order to enable all States Parties
to strengthen their national implementation of verification
measures and to benefit from the application of such
technologies for peaceful purposes.
13. The provisions of this Treaty shall be implemented in
a manner which avoids hampering the economic and
technological development of the States Parties for further
development of the application of atomic energy for peaceful
purposes.
Verification Responsibilities of the Technical Secretariat
14. In discharging its responsibilities in the area of
verification specified in this Treaty and the Protocol, in
cooperation with the States Parties the Technical
Secretariat shall, for the purpose of this Treaty:
-38-
(a) Make arrangements to receive and distribute
data and reporting products relevant to the verification of
this Treaty in accordance with its provisions, and to
maintain a global communications infrastructure appropriate
to this task;
(b) Routinely through its International Data Centre,
which shall in principle be the focal point within the
Technical Secretariat for data storage and data processing:
(i) Receive and initiate requests for data
from the International Monitoring System;
(ii) Receive data, as appropriate, resulting
from the process of consultation and
clarification, from on-site inspections, and
from confidence-building measures; and
(iii) Receive other relevant data from States
Parties and international organizations in
accordance with this Treaty and the
Protocol;
© Supervise, coordinate and ensure the operation
of the International Monitoring System and its component
-39-
elements, and of the International Data Centre, in
accordance with the relevant operational manuals;
(d) Routinely process, analyse and report on
International Monitoring System data according to agreed
procedures so as to permit the effective international
verification of this Treaty and to contribute to the early
resolution of compliance concerns;
(e) Make available all data, both raw and
processed, and any reporting products, to all States Parties,
each State Party taking responsibility for the use of
International Monitoring System data in accordance with
Article II, paragraph 7, and with paragraphs 8 and 13 of this
Article;
(f) Provide to all States Parties equal, open,
convenient and timely access to all stored data;
(g) Store all data, both raw and processed, and
reporting products;
(h) Coordinate and facilitate requests for additional
data from the International Monitoring System;
-40-
(i) Coordinate requests for additional data from one
State Party to another State Party;
(j) Provide technical assistance in, and support for,
the installation and operation of monitoring facilities and
respective communication means, where such assistance
and support are required by the State concerned;
(k) Make available to any State Party, upon its
request, techniques utilized by the Technical Secretariat
and its International Data Centre in compiling, storing,
processing, analysing and reporting on data from the
verification regime; and
(l) Monitor, assess and report on the overall
performance of the International Monitoring System and of
the International Data Centre.
15. The agreed procedures to be used by the Technical
Secretariat in discharging the verification responsibilities
referred to in paragraph 14 and detailed in the Protocol shall
be elaborated in the relevant operational manuals.
B. THE INTERNATIONAL MONITORING SYSTEM
-41-
16. The International Monitoring System shall comprise
facilities for seismological monitoring, radionuclide
monitoring including certified laboratories, hydroacoustic
monitoring, infrasound monitoring, and respective means of
communication, and shall be supported by the International
Data Centre of the Technical Secretariat.
17. The International Monitoring System shall be placed
under the authority of the Technical Secretariat. All
monitoring facilities of the International Monitoring System
shall be owned and operated by the States hosting or
otherwise taking responsibility for them in accordance with
the Protocol.
18. Each State Party shall have the right to participate in
the international exchange of data and to have access to all
data made available to the International Data Centre. Each
State Party shall cooperate with the International Data
Centre through its National Authority.
Funding the International Monitoring System
19. For facilities incorporated into the International
Monitoring System and specified in Tables 1-A, 2-A, 3 and 4
of Annex 1 to the Protocol, and for their functioning, to the
-42-
extent that such facilities are agreed by the relevant State
and the Organization to provide data to the International
Data Centre in accordance with the technical requirements
of the Protocol and relevant operational manuals, the
Organization, as specified in agreements or arrangements
pursuant to Part I, paragraph 4 of the Protocol, shall meet
the costs of:
(a) Establishing any new facilities and upgrading
existing facilities, unless the State responsible for such
facilities meets these costs itself;
(b) Operating and maintaining International
Monitoring System facilities, including facility physical
security if appropriate, and application of agreed data
authentication procedures;
© Transmitting International Monitoring System
data (raw or processed) to the International Data Centre by
the most direct and cost-effective means available,
including, if necessary, via appropriate communications
nodes, from monitoring stations, laboratories, analytical
facilities or from national data centres; or such data
(including samples where appropriate) to laboratory and
analytical facilities from monitoring stations; and
-43-
(d) Analysing samples on behalf of the
Organization.
20. For auxiliary network seismic stations specified in
Table 1-B of Annex 1 to the Protocol the Organization, as
specified in agreements or arrangements pursuant to Part I,
paragraph 4 of the Protocol, shall meet the costs only of:
(a) Transmitting data to the International Data
Centre;
(b) Authenticating data from such stations;
© Upgrading stations to the required technical
standard, unless the State responsible for such facilities
meets these costs itself;
(d) If necessary, establishing new stations for the
purposes of this Treaty where no appropriate facilities
currently exist, unless the State responsible for such
facilities meets these costs itself; and
(e) Any other costs related to the provision of data
required by the Organization as specified in the relevant
operational manuals.
-44-
21. The Organization shall also meet the cost of provision
to each State Party of its requested selection from the
standard range of International Data Centre reporting
products and services, as specified in Part I, Section F of
the Protocol. The cost of preparation and transmission of
any additional data or products shall be met by the
requesting State Party.
22. The agreements or, if appropriate, arrangements
concluded with States Parties or States hosting or otherwise
taking responsibility for facilities of the International
Monitoring System shall contain provisions for meeting
these costs. Such provisions may include modalities
whereby a State Party meets any of the costs referred to in
paragraphs 19 (a) and 20 © and (d) for facilities which it
hosts or for which it is responsible, and is compensated by
an appropriate reduction in its assessed financial
contribution to the Organization. Such a reduction shall not
exceed 50 per cent of the annual assessed financial
contribution of a State Party, but may be spread over
successive years. A State Party may share such a
reduction with another State Party by agreement or
arrangement between themselves and with the concurrence
of the Executive Council. The agreements or arrangements
referred to in this paragraph shall be approved in
-45-
accordance with Article II, paragraphs 26 (h) and 38 (i).
Changes to the International Monitoring System
23. Any measures referred to in paragraph 11 affecting
the International Monitoring System by means of addition or
deletion of a monitoring technology shall, when agreed, be
incorporated into this Treaty and the Protocol pursuant to
Article VII, paragraphs 1 to 6.
24. The following changes to the International Monitoring
System, subject to the agreement of those States directly
affected, shall be regarded as matters of an administrative
or technical nature pursuant to Article VII, paragraphs 7 and
8:
(a) Changes to the number of facilities specified in
the Protocol for a given monitoring technology; and
(b) Changes to other details for particular facilities
as reflected in the Tables of Annex 1 to the Protocol
(including, inter alia, State responsible for the facility;
location; name of facility; type of facility; and attribution of a
facility between the primary and auxiliary seismic networks).
-46-
If the Executive Council recommends, pursuant to Article
VII, paragraph 8 (d), that such changes be adopted, it shall
as a rule also recommend pursuant to Article VII, paragraph
8 (g), that such changes enter into force upon notification by
the Director-General of their approval.
25. The Director-General, in submitting to the Executive
Council and States Parties information and evaluation in
accordance with Article VII, paragraph 8 (b), shall include in
the case of any proposal made pursuant to paragraph 24:
(a) A technical evaluation of the proposal;
(b) A statement on the administrative and financial
impact of the proposal; and
© A report on consultations with States directly
affected by the proposal, including indication of their
agreement.
Temporary Arrangements
26. In cases of significant or irretrievable breakdown of a
monitoring facility specified in the Tables of Annex 1 to the
Protocol, or in order to cover other temporary reductions of
-47-
monitoring coverage, the Director-General shall, in
consultation and agreement with those States directly
affected, and with the approval of the Executive Council,
initiate temporary arrangements of no more than one year's
duration, renewable if necessary by agreement of the
Executive Council and of the States directly affected for
another year. Such arrangements shall not cause the
number of operational facilities of the International
Monitoring System to exceed the number specified for the
relevant network; shall meet as far as possible the technical
and operational requirements specified in the operational
manual for the relevant network; and shall be conducted
within the budget of the Organization. The Director-General
shall furthermore take steps to rectify the situation and
make proposals for its permanent resolution. The Director-
General shall notify all States Parties of any decision taken
pursuant to this paragraph.
Cooperating National Facilities
27. States Parties may also separately establish
cooperative arrangements with the Organization, in order to
make available to the International Data Centre
supplementary data from national monitoring stations that
are not formally part of the International Monitoring System.
-48-
28. Such cooperative arrangements may be established
as follows:
(a) Upon request by a State Party, and at the
expense of that State, the Technical Secretariat shall take
the steps required to certify that a given monitoring facility
meets the technical and operational requirements specified
in the relevant operational manuals for an International
Monitoring System facility, and make arrangements for the
authentication of its data. Subject to the agreement of the
Executive Council, the Technical Secretariat shall then
formally designate such a facility as a cooperating national
facility. The Technical Secretariat shall take the steps
required to revalidate its certification as appropriate;
(b) The Technical Secretariat shall maintain a
current list of cooperating national facilities and shall
distribute it to all States Parties; and
© The International Data Centre shall call upon
data from cooperating national facilities, if so requested by a
State Party, for the purposes of facilitating consultation and
clarification and the consideration of on-site inspection
requests, data transmission costs being borne by that State
Party.
-49-
The conditions under which supplementary data from such
facilities are made available, and under which the
International Data Centre may request further or expedited
reporting, or clarifications, shall be elaborated in the
operational manual for the respective monitoring network.
C. CONSULTATION AND CLARIFICATION
29. Without prejudice to the right of any State Party to
request an on-site inspection, States Parties should,
whenever possible, first make every effort to clarify and
resolve, among themselves or with or through the
Organization, any matter which may cause concern about
possible non-compliance with the basic obligations of this
Treaty.
30. A State Party that receives a request pursuant to
paragraph 29 directly from another State Party shall provide
the clarification to the requesting State Party as soon as
possible, but in any case no later than 48 hours after the
request. The requesting and requested States Parties may
keep the Executive Council and the Director-General
informed of the request and the response.
31. A State Party shall have the right to request the
-50-
Director-General to assist in clarifying any matter which may
cause concern about possible non-compliance with the
basic obligations of this Treaty. The Director-General shall
provide appropriate information in the possession of the
Technical Secretariat relevant to such a concern. The
Director-General shall inform the Executive Council of the
request and of the information provided in response, if so
requested by the requesting State Party.
32. A State Party shall have the right to request the
Executive Council to obtain clarification from another State
Party on any matter which may cause concern about
possible non-compliance with the basic obligations of this
Treaty. In such a case, the following shall apply:
(a) The Executive Council shall forward the request
for clarification to the requested State Party through the
Director-General no later than 24 hours after its receipt;
(b) The requested State Party shall provide the
clarification to the Executive Council as soon as possible,
but in any case no later than 48 hours after receipt of the
request;
© The Executive Council shall take note of the
-51-
clarification and forward it to the requesting State Party no
later than 24 hours after its receipt;
(d) If the requesting State Party deems the
clarification to be inadequate, it shall have the right to
request the Executive Council to obtain further clarification
from the requested State Party.
The Executive Council shall inform without delay all other
States Parties about any request for clarification pursuant to
this paragraph as well as any response provided by the
requested State Party.
33. If the requesting State Party considers the
clarification obtained under paragraph 32 (d) to be
unsatisfactory, it shall have the right to request a meeting of
the Executive Council in which States Parties involved that
are not members of the Executive Council shall be entitled
to take part. At such a meeting, the Executive Council shall
consider the matter and may recommend any measure in
accordance with Article V.
-52-
D. ON-SITE INSPECTIONS
Request for an On-Site Inspection
34. Each State Party has the right to request an on-site
inspection in accordance with the provisions of this Article
and Part II of the Protocol in the territory or in any other
place under the jurisdiction or control of any State Party, or
in any area beyond the jurisdiction or control of any State.
35. The sole purpose of an on-site inspection shall be to
clarify whether a nuclear weapon test explosion or any other
nuclear explosion has been carried out in violation of Article
I and, to the extent possible, to gather any facts which might
assist in identifying any possible violator.
36. The requesting State Party shall be under the
obligation to keep the on-site inspection request within the
scope of this Treaty and to provide in the request
information in accordance with paragraph 37. The
requesting State Party shall refrain from unfounded or
abusive inspection requests.
37. The on-site inspection request shall be based on
information collected by the International Monitoring
-53-
System, on any relevant technical information obtained by
national technical means of verification in a manner
consistent with generally recognized principles of
international law, or on a combination thereof. The request
shall contain information pursuant to Part II, paragraph 41 of
the Protocol.
38. The requesting State Party shall present the on-site
inspection request to the Executive Council and at the same
time to the Director-General for the latter to begin immediate
processing.
Follow-up After Submission of an On-Site Inspection
Request
39. The Executive Council shall begin its consideration
immediately upon receipt of the on-site inspection request.
40. The Director-General, after receiving the on-site
inspection request, shall acknowledge receipt of the request
to the requesting State Party within two hours and
communicate the request to the State Party sought to be
inspected within six hours. The Director-General shall
ascertain that the request meets the requirements specified
in Part II, paragraph 41 of the Protocol, and, if necessary,
-54-
shall assist the requesting State Party in filing the request
accordingly, and shall communicate the request to the
Executive Council and to all other States Parties within 24
hours.
41. When the on-site inspection request fulfils the
requirements, the Technical Secretariat shall begin
preparations for the on-site inspection without delay.
42. The Director-General, upon receipt of an on-site
inspection request referring to an inspection area under the
jurisdiction or control of a State Party, shall immediately
seek clarification from the State Party sought to be
inspected in order to clarify and resolve the concern raised
in the request.
43. A State Party that receives a request for clarification
pursuant to paragraph 42 shall provide the Director-General
with explanations and with other relevant information
available as soon as possible, but no later than 72 hours
after receipt of the request for clarification.
44. The Director-General, before the Executive Council
takes a decision on the on-site inspection request, shall
transmit immediately to the Executive Council any additional
-55-
information available from the International Monitoring
System or provided by any State Party on the event
specified in the request, including any clarification provided
pursuant to paragraphs 42 and 43, as well as any other
information from within the Technical Secretariat that the
Director-General deems relevant or that is requested by the
Executive Council.
45. Unless the requesting State Party considers the
concern raised in the on-site inspection request to be
resolved and withdraws the request, the Executive Council
shall take a decision on the request in accordance with
paragraph 46.
Executive Council Decisions
46. The Executive Council shall take a decision on the
on-site inspection request no later than 96 hours after
receipt of the request from the requesting State Party. The
decision to approve the on-site inspection shall be made by
at least 30 affirmative votes of members of the Executive
Council. If the Executive Council does not approve the
inspection, preparations shall be stopped and no further
action on the request shall be taken.
-56-
47. No later than 25 days after the approval of the on-site
inspection in accordance with paragraph 46, the inspection
team shall transmit to the Executive Council, through the
Director-General, a progress inspection report. The
continuation of the inspection shall be considered approved
unless the Executive Council, no later than 72 hours after
receipt of the progress inspection report, decides by a
majority of all its members not to continue the inspection. If
the Executive Council decides not to continue the
inspection, the inspection shall be terminated, and the
inspection team shall leave the inspection area and the
territory of the inspected State Party as soon as possible in
accordance with Part II, paragraphs 109 and 110 of the
Protocol.
48. In the course of the on-site inspection, the inspection
team may submit to the Executive Council, through the
Director-General, a proposal to conduct drilling. The
Executive Council shall take a decision on such a proposal
no later than 72 hours after receipt of the proposal. The
decision to approve drilling shall be made by a majority of all
members of the Executive Council.
49. The inspection team may request the Executive
Council, through the Director-General, to extend the
-57-
inspection duration by a maximum of 70 days beyond the
60-day time-frame specified in Part II, paragraph 4 of the
Protocol, if the inspection team considers such an extension
essential to enable it to fulfil its mandate. The inspection
team shall indicate in its request which of the activities and
techniques listed in Part II, paragraph 69 of the Protocol it
intends to carry out during the extension period. The
Executive Council shall take a decision on the extension
request no later than 72 hours after receipt of the request.
The decision to approve an extension of the inspection
duration shall be made by a majority of all members of the
Executive Council.
50. Any time following the approval of the continuation of
the on-site inspection in accordance with paragraph 47, the
inspection team may submit to the Executive Council,
through the Director-General, a recommendation to
terminate the inspection. Such a recommendation shall be
considered approved unless the Executive Council, no later
than 72 hours after receipt of the recommendation, decides
by a two-thirds majority of all its members not to approve
the termination of the inspection. In case of termination of
the inspection, the inspection team shall leave the
inspection area and the territory of the inspected State Party
as soon as possible in accordance with Part II,
-58-
paragraphs 109 and 110 of the Protocol.
51. The requesting State Party and the State Party
sought to be inspected may participate in the deliberations
of the Executive Council on the on-site inspection request
without voting. The requesting State Party and the
inspected State Party may also participate without voting in
any subsequent deliberations of the Executive Council
related to the inspection.
52. The Director-General shall notify all States Parties
within 24 hours about any decision by and reports,
proposals, requests and recommendations to the Executive
Council pursuant to paragraphs 46 to 50.
Follow-up After Executive Council Approval of
an On-Site Inspection
53. An on-site inspection approved by the Executive
Council shall be conducted without delay by an inspection
team designated by the Director-General and in accordance
with the provisions of this Treaty and the Protocol. The
inspection team shall arrive at the point of entry no later
than six days following the receipt by the Executive Council
of the on-site inspection request from the requesting State
Party.
-59-
54. The Director-General shall issue an inspection
mandate for the conduct of the on-site inspection. The
inspection mandate shall contain the information specified in
Part II, paragraph 42 of the Protocol.
55. The Director-General shall notify the inspected State
Party of the inspection no less than 24 hours before the
planned arrival of the inspection team at the point of entry,
in accordance with Part II, paragraph 43 of the Protocol.
The Conduct of an On-Site Inspection
56. Each State Party shall permit the Organization to
conduct an on-site inspection on its territory or at places
under its jurisdiction or control in accordance with the
provisions of this Treaty and the Protocol. However, no
State Party shall have to accept simultaneous on-site
inspections on its territory or at places under its jurisdiction
or control.
57. In accordance with the provisions of this Treaty and
the Protocol, the inspected State Party shall have:
(a) The right and the obligation to make every
reasonable effort to demonstrate its compliance with this
-60-
Treaty and, to this end, to enable the inspection team to fulfil
its mandate;
(b) The right to take measures it deems necessary
to protect national security interests and to prevent
disclosure of confidential information not related to the
purpose of the inspection;
© The obligation to provide access within the
inspection area for the sole purpose of determining facts
relevant to the purpose of the inspection, taking into account
sub-paragraph (b) and any constitutional obligations it may
have with regard to proprietary rights or searches and
seizures;
(d) The obligation not to invoke this paragraph or
Part II, paragraph 88 of the Protocol to conceal any violation
of its obligations under Article I; and
(e) The obligation not to impede the ability of the
inspection team to move within the inspection area and to
carry out inspection activities in accordance with this Treaty
and the Protocol.
Access, in the context of an on-site inspection, means both
-61-
the physical access of the inspection team and the
inspection equipment to, and the conduct of inspection
activities within, the inspection area.
58. The on-site inspection shall be conducted in the least
intrusive manner possible, consistent with the efficient and
timely accomplishment of the inspection mandate, and in
accordance with the procedures set forth in the Protocol.
Wherever possible, the inspection team shall begin with the
least intrusive procedures and then proceed to more
intrusive procedures only as it deems necessary to collect
sufficient information to clarify the concern about possible
non-compliance with this Treaty. The inspectors shall seek
only the information and data necessary for the purpose of
the inspection and shall seek to minimize interference with
normal operations of the inspected State Party.
59. The inspected State Party shall assist the inspection
team throughout the on-site inspection and facilitate its task.
60. If the inspected State Party, acting in accordance with
Part II, paragr
الطاقة النووية بين السلم والحرب - مجلة السياسة الدولية (من أرشيف المجلة) - نزار عثمان - 09-10-2006
[[CENTER]COLOR=Blue]PROTOCOL TO THE COMPREHENSIVE NUCLEAR TEST-BAN TREATY[/COLOR]
PART I
THE INTERNATIONAL MONITORING SYSTEM AND INTERNATIONAL
DATA CENTRE FUNCTIONS
A. GENERAL PROVISIONS
1. The International Monitoring System shall comprise monitoring facilities as set out
in Article IV, paragraph 16, and respective means of communication.
2. The monitoring facilities incorporated into the International Monitoring System
shall consist of those facilities specified in Annex 1 to this Protocol. The International
Monitoring System shall fulfil the technical and operational requirements specified in
the relevant operational manuals.
3. The Organization, in accordance with Article II, shall, in cooperation and
consultation with the States Parties, with other States, and with international
organizations as appropriate, establish and coordinate the operation and maintenance,
and any future agreed modification or development of the International Monitoring
System.
4. In accordance with appropriate agreements or arrangements and procedures, a State
Party or other State hosting or otherwise taking responsibility for International
Monitoring System facilities and the Technical Secretariat shall agree and cooperate
in establishing, operating, upgrading, financing, and maintaining monitoring facilities,
related certified laboratories and respective means of communication within areas
under its jurisdiction or control or elsewhere in conformity with international law.
Such cooperation shall be in accordance with the security and authentication
requirements and technical specifications contained in the relevant operational
manuals. Such a State shall give the Technical Secretariat authority to access a
monitoring facility for checking equipment and communication links, and shall agree
to make the necessary changes in the equipment and the operational procedures to
meet agreed requirements. The Technical Secretariat shall provide to such States
appropriate technical assistance as is deemed by the Executive Council to be required
for the proper functioning of the facility as part of the International Monitoring
System.
5. Modalities for such cooperation between the Organization and States Parties or
States hosting or otherwise taking responsibility for facilities of the International
Monitoring System shall be set out in agreements or arrangements as appropriate in
each case.
B. SEISMOLOGICAL MONITORING
6. Each State Party undertakes to cooperate in an international exchange of
seismological data to assist in the verification of compliance with this Treaty. This
cooperation shall include the establishment and operation of a global network of
primary and auxiliary seismological monitoring stations. These stations shall provide
data in accordance with agreed procedures to the International Data Centre.
7. The network of primary stations shall consist of the 50 stations specified in Table
1-A of Annex 1 to this Protocol. These stations shall fulfil the technical and
operational requirements specified in the Operational Manual for Seismological
Monitoring and the International Exchange of Seismological Data. Uninterrupted data
from the primary stations shall be transmitted, directly or through a national data
centre, on-line to the International Data Centre.
8. To supplement the primary network, an auxiliary network of 120 stations shall
provide information, directly or through a national data centre, to the International
Data Centre upon request. The auxiliary stations to be used are listed in Table 1-B of
Annex 1 to this Protocol. The auxiliary stations shall fulfill the technical and
operational requirements specified in the Operational Manual for Seismological
Monitoring and the International Exchange of Seismological Data. Data from the
auxiliary stations may at any time be requested by the International Data Centre and
shall be immediately available through on-line computer connections.
C. RADIONUCLIDE MONITORING
9. Each State Party undertakes to cooperate in an international exchange of data on
radionuclides in the atmosphere to assist in the verification of compliance with this
Treaty. This cooperation shall include the establishment and operation of a global
network of radionuclide monitoring stations and certified laboratories. The network
shall provide data in accordance with agreed procedures to the International Data
Centre.
10. The network of stations to measure radionuclides in the atmosphere shall
comprise an overall network of 80 stations, as specified in Table 2-A of Annex 1 to
this Protocol. All stations shall be capable of monitoring for the presence of relevant
particulate matter in the atmosphere. Forty of these stations shall also be capable of
monitoring for the presence of relevant noble gases upon the entry into force of this
Treaty. For this purpose the Conference, at its initial session, shall approve a
recommendation by the Preparatory Commission as to which 40 stations from Table
2-A of Annex 1 to this Protocol shall be capable of noble gas monitoring. At its first
regular annual session, the Conference shall consider and decide on a plan for
implementing noble gas monitoring capability throughout the network. The Director-
General shall prepare a report to the Conference on the modalities for such
implementation. All monitoring stations shall fulfil the technical and operational
requirements specified in the Operational Manual for Radionuclide Monitoring and
the International Exchange of Radionuclide Data.
11. The network of radionuclide monitoring stations shall be supported by
laboratories, which shall be certified by the Technical Secretariat in accordance with
the relevant operational manual for the performance, on contract to the Organization
and on a fee-for-service basis, of the analysis of samples from radionuclide
monitoring stations. Laboratories specified in Table 2-B of Annex 1 to this Protocol,
and appropriately equipped, shall, as required, also be drawn upon by the Technical
Secretariat to perform additional analysis of samples from radionuclide monitoring
stations. With the agreement of the Executive Council, further laboratories may be
certified by the Technical Secretariat to perform the routine analysis of samples from
manual monitoring stations where necessary. All certified laboratories shall provide
the results of such analysis to the International Data Centre, and in so doing shall
fulfil the technical and operational requirements specified in the Operational Manual
on Radionuclide Monitoring and the International Exchange of Radionuclide Data.
D. HYDROACOUSTIC MONITORING
12. Each State Party undertakes to cooperate in an international exchange of
hydroacoustic data to assist in the verification of compliance with this Treaty. This
cooperation shall include the establishment and operation of a global network of
hydroacoustic monitoring stations. These stations shall provide data in accordance
with agreed procedures to the International Data Centre.
13. The network of hydroacoustic stations shall consist of the stations specified in
Table 3 of Annex 1 to this Protocol, and shall comprise an overall network of six
hydrophone and five T-phase stations. These stations shall fulfil the technical and
operational requirements specified in the Operational Manual for Hydroacoustic
Monitoring and the International Exchange of Hydroacoustic Data.
E. INFRASOUND MONITORING
14. Each State Party undertakes to cooperate in an international exchange of
infrasound data to assist in the verification of compliance with this Treaty. This
cooperation shall include the establishment and operation of a global network of
infrasound monitoring stations. These stations shall provide data in accordance with
agreed procedures to the International Data Centre.
15. The network of infrasound stations shall consist of the stations specified in Table
4 of Annex 1 to this Protocol, and shall comprise an overall network of 60 stations.
These stations shall fulfil the technical an operational requirements specified in the
Operational Manual for Infrasound Monitoring and the International Exchange of
Infrasound Data.
F. INTERNATIONAL DATA CENTRE FUNCTIONS
16. The International Data Centre shall receive, collect, process, analyse, report on
and archive data from International Monitoring System facilities, including the results
of analysis conducted at certified laboratories.
17. The procedures and standard event screening criteria to be used by the
International Data Centre in carrying out its agreed functions, in particular for the
production of standard reporting products and for the performance of standard range
of services for States Parties, shall be elaborated in the Operational Manual for the
International Data Centre and shall be progressively developed. The procedures and
criteria developed initially by the Preparatory Commission shall be approved by the
Conference at its initial session.
International Data Centre Standard Products
18. The International Data Centre shall apply on a routine basis automatic processing
methods and interactive human analysis to raw International Monitoring System data
in order to produce and archive standard International Data Centre products on behalf
of all States Parties. These products shall be provided at no cost to States Parties and
shall be without prejudice to final judgements with regard to the nature of any event,
which shall remain the responsibility of States Parties, and shall include:
(a) Integrated lists of all signals detected by the International Monitoring
System, as well as standard event lists and bulletins, including the values and
associated uncertainties calculated for each event located by the International
Data Centre, based on a set of standard parameters;
(b) Standard screened event bulletins that result from the application to each
event by the International Data Centre of standard event screening criteria,
making use of the characterization parameters specified in Annex 2 to this
Protocol, with the objective of characterising, highlighting in the standard
event bulletin, and thereby screening out, events considered to be consistent
with natural phenomena or non-nuclear, man-made phenomena. The standard
event bulletin shall indicate numerically for each event the degree to which
that event meets or does not meet the event screening criteria. In applying
standard event screening, the International Data Centre shall use both global
and supplementary screening criteria to take account of regional variations
where applicable. The International Data Centre shall progressively enhance
its technical capabilities as experience is gained in the operation of the
International Monitoring System;
© Executive summaries, which summarize the data acquired and archived by
the International Data Centre, the products of the International Data Centre,
and the performance and operational status of the International Monitoring
System and International Data Centre; and
(d) Extracts or subsets of the standard International Data Centre products
specified in sub-paragraphs (a) to ©, selected according to the request of an
individual State Party.
19. The International Data Centre shall carry out, at no cost to States Parties, special
studies to provide in-depth, technical review by expert analysis of data from the
International Monitoring System, if requested by the Organization or by a State Party,
to improve the estimated values for the standard signal and event parameters.
International Data Centre Services to States Parties
20. The International Data Centre shall provide States Parties with open, equal, timely
and convenient access to all International Monitoring System data, raw or processed,
all International Data Centre products, and all other International Monitoring System
data in the archive of the International Data Centre or, through the International Data
Centre, of International Monitoring System facilities. The methods for supporting data
access and the provision of data shall include the following services:
(a) Automatic and regular forwarding to a State Party of the products of the
International Data Centre or the selection by the State Party thereof, and, as
requested, the selection by the State Party of International Monitoring System
data;
(b) The provision of the data or products generated in response to ad hoc
requests by States Parties for the retrieval from the International Data Centre
and International Monitoring System facility archives of data and products,
including interactive electronic access to the International Data Centre data
base; and
© Assisting individual States Parties, at their request and at no cost for
reasonable efforts, with expert technical analysis of International Monitoring
System data and other relevant data provided by the requesting State Party, in
order to help the State Party concerned to identify the source of specific
events. The output of any such technical analysis shall be considered a product
of the requesting State Party, but shall be available to all States Parties.
The International Data Centre services specified in sub-paragraphs (a) and (b) shall be
made available at no cost to each State Party. The volumes and formats of data shall
be set out in the Operational Manual for the International Data Centre.
National Event Screening
21. The International Data Centre shall, if requested by a State Party, apply to any of
its standard products, on a regular and automatic basis, national event screening
criteria established by that State Party, and provide the results of such analysis to that
State Party. This service shall be undertaken at no cost to the requesting State Party.
The output of such national event screening processes shall be considered a product of
the requesting State Party.
Technical Assistance
22. The International Data Centre shall, where required, provide technical assistance
to individual States Parties:
(a) In formulating their requirements for selection and screening of data and
products;
(b) By installing at the International Data Centre, at no cost to a requesting
State Party for reasonable efforts, computer algorithms or software provided
by that State Party to compute new signal and event parameters that are not
included in the Operational Manual for the International Data Centre, the
output being considered products of the requesting State Party; and
© By assisting States Parties to develop the capability to receive, process and
analyse International Monitoring System data at a national data centre.
23. The International Data Centre shall continuously monitor and report on the
operational status of the International Monitoring System facilities, of
communications links, and of its own processing systems. It shall provide immediate
notification to those responsible should the operational performance of any
component fail to meet agreed levels set out in the relevant operational manual.
PART II
ON-SITE INSPECTIONS
A. GENERAL PROVISIONS
1. The procedures in this Part shall be implemented pursuant to the provisions for onsite
inspections set out in Article IV.
2. The on-site inspection shall be carried out in the area where the event that triggered
the on-site inspection request occurred.
3. The area of an on-site inspection shall be continuous and its size shall not exceed
1000 square kilometres. There shall be no linear distance greater than 50 kilometres in
any direction.
4. The duration of an on-site inspection shall not exceed 60 days from the date of the
approval of the on-site inspection request in accordance with Article IV, paragraph
46, but may be extended by a maximum of 70 days in accordance with Article IV,
paragraph 49.
5. If the inspection area specified in the inspection mandate extends to the territory or
other place under the jurisdiction or control of more than one State Party, the
provisions on on-site inspections shall, as appropriate, apply to each of the States
Parties to which the inspection area extends.
6. In cases where the inspection area is under the jurisdiction or control of the
inspected State Party but is located on the territory of another State Party or where the
access from the point of entry to the inspection area requires transit through the
territory of a State Party other than the inspected State Party, the inspected State Party
shall exercise the rights and fulfil the obligations concerning such inspections in
accordance with this Protocol. In such a case, the State Party on whose territory the
inspection area is located shall facilitate the inspection and shall provide for the
necessary support to enable the inspection team to carry out its tasks in a timely and
effective manner. States Parties through whose territory transit is required to reach the
inspection area shall facilitate such transit.
7. In cases where the inspection area is under the jurisdiction or control of the
inspected State Party but is located on the territory of a State not Party to this Treaty,
the inspected State Party shall take all necessary measures to ensure that the
inspection can be carried out in accordance with this Protocol. A State Party that has
under its jurisdiction or control one or more areas on the territory of a State not Party
to this Treaty shall take all necessary measures to ensure acceptance by the State on
whose territory the inspection area is located of inspectors and inspection assistants
designated to that State Party. If an inspected State Party is unable to ensure access, it
shall demonstrate that it took all necessary measures to ensure access.
8. In cases where the inspection area is located on the territory of a State Party but is
under the jurisdiction or control of a State not Party to this Treaty, the State Party
shall take all necessary measures required of an inspected State Party and a State
Party on whose territory the inspection area is located, without prejudice to the rules
and practices of international law, to ensure that the on-site inspection can be carried
out in accordance with this Protocol. If the State Party is unable to ensure access to
the inspection area, it shall demonstrate that it took all necessary measures to ensure
access, without prejudice to the rules and practices of international law.
9. The size of the inspection team shall be kept to the minimum necessary for the
proper fulfilment of the inspection mandate. The total number of members of the
inspection team present on the territory of the inspected State Party at any given time,
except during the conduct of drilling, shall not exceed 40 persons. No national of the
requesting State Party or the inspected State Party shall be a member of the inspection
team.
10. The Director-General shall determine the size of the inspection team and select its
members from the list of inspectors and inspection assistants, taking into account the
circumstances of a particular request.
11. The inspected State Party shall provide for or arrange the amenities necessary for
the inspection team, such as communication means, interpretation services,
transportation, working space, lodging, meals, and medical care.
12. The inspected State Party shall be reimbursed by the Organization, in a reasonably
short period of time after conclusion of the inspection, for all expenses, including
those mentioned in paragraphs 11 and 49, related to the stay and functional activities
of the inspection team on the territory of the inspected State Party.
13. Procedures for the implementation of on-site inspections shall be detailed in the
Operational Manual for On-Site Inspections.
B. STANDING ARRANGEMENTS
Designation of Inspectors and Inspection Assistants
14. An inspection team may consist of inspectors and inspection assistants. An on-site
inspection shall only be carried out by qualified inspectors specially designated for
this function. They may be assisted by specially designated inspection assistants, such
as technical and administrative personnel, aircrew and interpreters.
15. Inspectors and inspection assistants shall be nominated for designation by the
States Parties or, in the case of staff of the Technical Secretariat, by the Director-
General, on the basis of their expertise and experience relevant to the purpose and
functions of on-site inspections. The nominees shall be approved in advance by the
States Parties in accordance with paragraph 18.
16. Each State Party, no later than 30 days after the entry into force of this Treaty for
it, shall notify the Director-General of the names, dates of birth, sex, ranks,
qualifications and professional experience of the persons proposed by the State Party
for designation as inspectors and inspection assistants.
17. No later than 60 days after the entry into force of this Treaty, the Technical
Secretariat shall communicate in writing to all States Parties an initial list of the
names, nationalities, dates of birth, sex and ranks of the inspectors and inspection
assistants proposed for designation by the Director-General and the States Parties, as
well as a description of their qualifications and professional experience.
18. Each State Party shall immediately acknowledge receipt of the initial list of
inspectors and inspection assistants proposed for designation. Any inspector or
inspection assistant included in this list shall be regarded as accepted unless a State
Party, no later than 30 days after acknowledgment of receipt of the list, declares its
non-acceptance in writing. The State Party may include the reason for the objection.
In the case of non-acceptance, the proposed inspector or inspection assistant shall not
undertake or participate in on-site inspection activities on the territory or in any other
place under the jurisdiction or control of the State Party that has declared its nonacceptance.
The Technical Secretariat shall immediately confirm receipt of the
notification of objection.
19. Whenever additions or changes to the list of inspectors and inspection assistants
are proposed by the Director-General or a State Party, replacement inspectors and
inspection assistants shall be designated in the same manner as set forth with respect
to the initial list. Each State Party shall promptly notify the Technical Secretariat if an
inspector or inspection assistant nominated by it can no longer fulfil the duties of an
inspector or inspection assistant.
20. The Technical Secretariat shall keep the list of inspectors and inspection assistants
up to date and notify all States Parties of additions or changes to the list.
21. A State Party requesting an on-site inspection may propose that an inspector from
the list of inspectors and inspection assistants serve as its observer in accordance with
Article IV, paragraph 61.
22. Subject to paragraph 23, a State Party shall have the right at any time to object to
an inspector or inspection assistant who has already been accepted. It shall notify the
Technical Secretariat of its objection in writing and may include the reason for the
objection. Such objection shall come into effect 30 days after receipt of the
notification by the Technical Secretariat. The Technical Secretariat shall immediately
confirm receipt of the notification of the objection and inform the objecting and
nominating States Parties of the date on which the inspector or inspection assistant
shall cease to be designated for that State Party.
23. A State Party that has been notified of an inspection shall not seek the removal
from the inspection team of any of the inspectors or inspection assistants named in the
inspection mandate.
24. The number of inspectors and inspection assistants accepted by a State Party must
be sufficient to allow for availability of appropriate numbers of inspectors and
inspection assistants. If, in the opinion of the Director-General, the non-acceptance by
a State Party of proposed inspectors or inspection assistants impedes the designation
of a sufficient number of inspectors and inspection assistants or otherwise hampers
the effective fulfilment of the purposes of an on-site inspection, the Director-General
shall refer the issue to the Executive Council.
25. Each inspector included in the list of inspectors and inspection assistants shall
receive relevant training. Such training shall be provided by the Technical Secretariat
pursuant to the procedures specified in the Operational Manual for On-Site
Inspections. The Technical Secretariat shall co-ordinate, in agreement with the States
Parties, a schedule of training for the inspectors.
Privileges and Immunities
26. Following acceptance of the initial list of inspectors and inspection assistants as
provided for in paragraph 18 or as subsequently altered in accordance with paragraph
19, each State Party shall be obliged to issue, in accordance with its national
procedures and upon application by an inspector or inspection assistant, multiple
entry/exit and/or transit visas and other relevant documents to enable each inspector
and inspection assistant to enter and to remain on the territory of that State Party for
the sole purpose of carrying out inspection activities. Each State Party shall issue the
necessary visa or travel documents for this purpose no later than 48 hours after receipt
of the application or immediately upon arrival of the inspection team at the point of
entry on the territory of the State Party. Such documents shall be valid for as long as
is necessary to enable the inspector or inspection assistant to remain on the territory of
the inspected State Party for the sole purpose of carrying out the inspection activities.
27. To exercise their functions effectively, members of the inspection team shall be
accorded privileges and immunities as set forth in sub-paragraphs (a) to (i). Privileges
and immunities shall be granted to members of the inspection team for the sake of this
Treaty and not for the personal benefit of the individuals themselves. Such privileges
and immunities shall be accorded to them for the entire period between arrival on and
departure from the territory of the inspected State Party, and thereafter with respect to
acts previously performed in the exercise of their official functions.
(a) The members of the inspection team shall be accorded the inviolability
enjoyed by diplomatic agents pursuant to Article 29 of the Vienna Convention
on Diplomatic Relations of 18 April 1961;
(b) The living quarters and office premises occupied by the inspection team
carrying out inspection activities pursuant to this Treaty shall be accorded the
inviolability and protection accorded to the premises of diplomatic agents
pursuant to Article 30, paragraph 1, of the Vienna Convention on Diplomatic
Relations;
© The papers and correspondence, including records, of the inspection team
shall enjoy the inviolability accorded to all papers and correspondence of
diplomatic agents pursuant to Article 30, paragraph 2, of the Vienna
Convention on Diplomatic Relations. The inspection team shall have the right
to use codes for their communications with the Technical Secretariat;
(d) Samples and approved equipment carried by members of the inspection
team shall be inviolable subject to provisions contained in this Treaty and
exempt from all customs duties. Hazardous samples shall be transported in
accordance with relevant regulations;
(e) The members of the inspection team shall be accorded the immunities
accorded to diplomatic agents pursuant to Article 31, paragraphs 1, 2 and 3, of
the Vienna Convention on Diplomatic Relations;
(f) The members of the inspection team carrying out prescribed activities
pursuant to this Treaty shall be accorded the exemption from dues and taxes
accorded to diplomatic agents pursuant to Article 34 of the Vienna Convention
on Diplomatic Relations;
(g) The members of the inspection team shall be permitted to bring into the
territory of the inspected State Party, without payment of any customs duties
or related charges, articles for personal use, with the exception of articles the
import or export of which is prohibited by law or controlled by quarantine
regulations;
(h) The members of the inspection team shall be accorded the same currency
and exchange facilities as are accorded to representatives of foreign
Governments on temporary official missions; and
(i) The members of the inspection team shall not engage in any professional or
commercial activity for personal profit on the territory of the inspected State
Party.
28. When transiting the territory of States Parties other than the inspected State Party,
the members of the inspection team shall be accorded the privileges and immunities
enjoyed by diplomatic agents pursuant to Article 40, paragraph 1, of the Vienna
Convention on Diplomatic Relations. Papers and correspondence, including records,
and samples and approved equipment carried by them, shall be accorded the
privileges and immunities set forth in paragraph 27 © and (d).
29. Without prejudice to their privileges and immunities the members of the
inspection team shall be obliged to respect the laws and regulations of the inspected
State Party and, to the extent that is consistent with the inspection mandate, shall be
obliged not to interfere in the internal affairs of that State. If the inspected State Party
considers that there has been an abuse of privileges and immunities specified in this
Protocol, consultations shall be held between the State Party and the Director-General
to determine whether such an abuse has occurred and, if so determined, to prevent a
repetition of such an abuse.
30. The immunity from jurisdiction of members of the inspection team may be waived
by the Director-General in those cases when the Director-General is of the opinion
that immunity would impede the course of justice and that it can be waived without
prejudice to the implementation of the provisions of this Treaty. Waiver must always
be express.
31. Observers shall be accorded the same privileges and immunities accorded to
members of the inspection team pursuant to this section, except for those accorded
pursuant to paragraph 27 (d).
Points of Entry
32. Each State Party shall designate its points of entry and shall supply the required
information to the Technical Secretariat no later than 30 days after this Treaty enters
into force for it. These points of entry shall be such that the inspection team can reach
any inspection area from at least one point of entry within 24 hours. Locations of
points of entry shall be provided to all States Parties by the Technical Secretariat.
Points of entry may also serve as points of exit.
33. Each State Party may change its points of entry by giving notice of such change to
the Technical Secretariat. Changes shall become effective 30 days after the Technical
Secretariat receives such notification, to allow appropriate notification to all States
Parties.
34. If the Technical Secretariat considers that there are insufficient points of entry for
the timely conduct of inspections or that changes to the points of entry proposed by a
State Party would hamper such timely conduct of inspections, it shall enter into
consultations with the State Party concerned to resolve the problem.
Arrangements for Use of Non-Scheduled Aircraft
35. Where timely travel to the point of entry is not feasible using scheduled
commercial flights, an inspection team may utilize non-scheduled aircraft. No later
than 30 days after this Treaty enters into force for it, each State Party shall inform the
Technical Secretariat of the standing diplomatic clearance number for non-scheduled
aircraft transporting an inspection team and equipment necessary for inspection.
Aircraft routings shall be along established international airways that are agreed upon
between the State Party and the Technical Secretariat as the basis for such diplomatic
clearance.
Approved Inspection Equipment
36. The Conference, at its initial session, shall consider and approve a list of
equipment for use during on-site inspections. Each State Party may submit proposals
for the inclusion of equipment in the list. Specifications for the use of the equipment,
as detailed in the Operational Manual for On-Site Inspections, shall take account of
safety and confidentiality considerations where such equipment is likely to be used.
37. The equipment for use during on-site inspections shall consist of core equipment
for the inspection activities and techniques specified in paragraph 69 and auxiliary
equipment necessary for the effective and timely conduct of on-site inspections.
38. The Technical Secretariat shall ensure that all types of approved equipment are
available for on-site inspections when required. When required for an on-site
inspection, the Technical Secretariat shall duly certify that the equipment has been
calibrated, maintained and protected. To facilitate the checking of the equipment at
the point of entry by the inspected State Party, the Technical Secretariat shall provide
documentation and attach seals to authenticate the certification.
39. Any permanently held equipment shall be in the custody of the Technical
Secretariat. The Technical Secretariat shall be responsible for the maintenance and
calibration of such equipment.
40. As appropriate, the Technical Secretariat shall make arrangements with States
Parties to provide equipment mentioned in the list. Such States Parties shall be
responsible for the maintenance and calibration of such equipment.
C. ON-SITE INSPECTION REQUEST, INSPECTION MANDATE AND
NOTIFICATION OF INSPECTION
On-Site Inspection Request
41. Pursuant to Article IV, paragraph 37, the on-site inspection request shall contain at
least the following information:
(a) The estimated geographical and vertical coordinates of the location of the
event that triggered the request with an indication of the possible margin of
error;
(b) The proposed boundaries of the area to be inspected, specified on a map
and in accordance with paragraphs 2 and 3;
© The State Party or States Parties to be inspected or an indication that the
area to be inspected or part thereof is beyond the jurisdiction or control of any
State;
(d) The probable environment of the event that triggered the request;
(e) The estimated time of the event that triggered the request, with an
indication of the possible margin of error;
(f) All data upon which the request is based;
(g) The personal details of the proposed observer, if any; and
(h) The results of a consultation and clarification process in accordance with
Article V, or an explanation, if relevant, of the reasons why such a
consultation and clarification process has not been carried out.
Inspection Mandate
42. The mandate for an on-site inspection shall contain:
(a) The decision of the Executive Council on the on-site inspection request;
(b) The name of the State Party or States Parties to be inspected or an
indication that the inspection area or part thereof is beyond the jurisdiction or
control of any State;
© The location and boundaries of the inspection area specified on a map,
taking into account all information on which the request was based and all
other available technical information, in consultation with the requesting State
Party;
(d) The planned types of activity of the inspection team in the inspection area;
(e) The point of entry to be used by the inspection team;
(f) Any transit or basing points, as appropriate;
(g) The name of the head of the inspection team;
(h) The names of members of the inspection team;
(i) The name of the proposed observer, if any; and
(j) The list of equipment to be used in the inspection area.
If a decision by the Executive Council pursuant to Article IV, paragraphs 46 to 49,
necessitates a modification of the inspection mandate, the Director-General may
update the mandate with respect to sub-paragraphs (d), (h) and (j), as appropriate. The
Director-General shall immediately notify the inspected State Party of any such
modification.
Notification of Inspection
43. The notification made by the Director-General pursuant to Article IV, paragraph
55 shall include the following information:
(a) The inspection mandate;
(b) The date and estimated time of arrival of the inspection team at the point of
entry;
© The means of arrival at the point of entry;
(d) If appropriate, the standing diplomatic clearance number for non-scheduled
aircraft; and
(e) A list of any equipment which the Director-General requests the inspected
State Party to make available to the inspection team for use in the inspection
area.
44. The inspected State Party shall acknowledge receipt of the notification by the
Director-General no later than 12 hours after having received the notification.
D. PRE-INSPECTION ACTIVITIES
Entry Into the Territory of the Inspected State Party, Activities at the
Point of Entry and Transfer to the Inspection Area
45. The inspected State Party that has been notified of the arrival of the inspection
team shall ensure the immediate entry of the inspection team into its territory.
46. When a non-scheduled aircraft is used for travel to the point of entry, the
Technical Secretariat shall provide the inspected State Party with a flight plan,
through the National Authority, for the flight of the aircraft from the last airfield prior
to entering the airspace of that State Party to the point of entry, no less than six hours
before the scheduled departure time from that airfield. Such a plan shall be filed in
accordance with the procedures of the International Civil Aviation Organization
applicable to civil aircraft. The Technical Secretariat shall include in the remarks
section of the flight plan the standing diplomatic clearance number and the
appropriate notation identifying the aircraft as an inspection aircraft. If a military
aircraft is used, the Technical Secretariat shall request prior authorization from the
inspected State Party to enter its airspace.
47. No less than three hours before the scheduled departure of the inspection team
from the last airfield prior to entering the airspace of the inspected State Party, the
inspected State Party shall ensure that the flight plan filed in accordance with
paragraph 46 is approved, so that the inspection team may arrive at the point of entry
by the estimated arrival time.
48. Where necessary, the head of the inspection team and the representative of the
inspected State Party shall agree on a basing point and a flight plan from the point of
entry to the basing point and, if necessary, to the inspection area.
49. The inspected State Party shall provide for or arrange parking, security protection,
servicing and fuel as required by the Technical Secretariat for the aircraft of the
inspection team at the point of entry and, where necessary, at the basing point and at
the inspection area. Such aircraft shall not be liable for landing fees, departure tax,
and similar charges. This paragraph shall also apply to aircraft used for overflight
during the on-site inspection.
50. Subject to paragraph 51, there shall be no restriction by the inspected State Party
on the inspection team bringing approved equipment that is in conformity with the
inspection mandate into the territory of that State Party, or on its use in accordance
with the provisions of the Treaty and this Protocol.
51. The inspected State Party shall have the right, without prejudice to the time-frame
specified in paragraph 54, to check in the presence of inspection team members at the
point of entry that the equipment has been approved and certified in accordance with
paragraph 38. The inspected State Party may exclude equipment that is not in
conformity with the inspection mandate or that has not been approved and certified in
accordance with paragraph 38.
52. Immediately upon arrival at the point of entry and without prejudice to the timeframe
specified in paragraph 54, the head of the inspection team shall present to the
representative of the inspected State Party the inspection mandate and an initial
inspection plan prepared by the inspection team specifying the activities to be carried
out by it. The inspection team shall be briefed by representatives of the inspected
State Party with the aid of maps and other documentation as appropriate. The briefing
shall include relevant natural terrain features, safety and confidentiality issues, and
logistical arrangements for the inspection. The inspected State Party may indicate
locations within the inspection area that, in its view, are not related to the purpose of
the inspection.
53. After the pre-inspection briefing, the inspection team shall, as appropriate, modify
the initial inspection plan, taking into account any comments by the inspected State
Party. The modified inspection plan shall be made available to the representative of
the inspected State Party.
54. The inspected State Party shall do everything in its power to provide assistance
and to ensure the safe conduct of the inspection team, the approved equipment
specified in paragraphs 50 and 51 and baggage from the point of entry to the
inspection area no later than 36 hours after arrival at the point of entry, if no other
timing has been agreed upon within the time-frame specified in paragraph 57.
55. To confirm that the area to which the inspection team has been transported
corresponds to the inspection area specified in the inspection mandate, the inspection
team shall have the right to use approved location-finding equipment. The inspected
State Party shall assist the inspection team in this task.
E. CONDUCT OF INSPECTIONS
General Rules
56. The inspection team shall discharge its functions in accordance with the
provisions of the Treaty and this Protocol.
57. The inspection team shall begin its inspection activities in the inspection area as
soon as possible, but in no case later than 72 hours after arrival at the point of entry.
58. The activities of the inspection team shall be so arranged as to ensure the timely
and effective discharge of its functions and the least possible inconvenience to the
inspected State Party and disturbance to the inspection area.
59. In cases where the inspected State Party has been requested, pursuant to paragraph
43 (e) or in the course of the inspection, to make available any equipment for use by
the inspection team in the inspection area, the inspected State Party shall comply with
the request to the extent it can.
60. During the on-site inspection the inspection team shall have, inter alia:
(a) The right to determine how the inspection will proceed, consistent with the
inspection mandate and taking into account any steps taken by the inspected
State Party consistent with the provisions on managed access;
(b) The right to modify the inspection plan, as necessary, to ensure the
effective execution of the inspection;
© The obligation to take into account the recommendations and suggested
modifications by the inspected State Party to the inspection plan;
(d) The right to request clarifications in connection with ambiguities that may
arise during the inspection;
(e) The obligation to use only those techniques specified in paragraph 69 and
to refrain from activities that are not relevant to the purpose of the inspection.
The team shall collect and document such facts as are related to the purpose of
the inspection, but shall neither seek nor document information that is clearly
unrelated thereto. Any material collected and subsequently found not to be
relevant shall be returned to the inspected State Party;
(f) The obligation to take into account and include in its report data and
explanations on the nature of the event that triggered the request, provided by
the inspected State Party from the national monitoring networks of the
inspected State Party and from other sources;
(g) The obligation to provide the inspected State Party, at its request, with
copies of the information and data collected in the inspection area; and
(h) The obligation to respect the confidentiality and the safety and health
regulations of the inspected State Party.
61. During the on-site inspection the inspected State Party shall have, inter alia:
(a) The right to make recommendations at any time to the inspection team
regarding possible modification of the inspection plan;
(b) The right and the obligation to provide a representative to liaise with the
inspection team;
© The right to have representatives accompany the inspection team during
the performance of its duties and observe all inspection activities carried out
by the inspection team. This shall not delay or otherwise hinder the inspection
team in the exercise of its functions;
(d) The right to provide additional information and to request the collection
and documentation of additional facts it believes are relevant to the inspection;
(e) The right to examine all photographic and measurement products as well as
samples and to retain any photographs or parts thereof showing sensitive sites
not related to the purpose of the inspection. The inspected State Party shall
have the right to receive duplicate copies of all photographic and measurement
products. The inspected State Party shall have the right to retain photographic
originals and first-generation photographic products and to put photographs or
parts thereof under joint seal within its territory. The inspected State Party
shall have the right to provide its own camera operator to take still/video
photographs as requested by the inspection team. Otherwise, these functions
shall be performed by members of the inspection team;
(f) The right to provide the inspection team, from its national monitoring
networks and from other sources, with data and explanations on the nature of
the event that triggered the request; and
(g) The obligation to provide the inspection team with such clarification as
may be necessary to resolve any ambiguities that arise during the inspection.
Communications
62. The members of the inspection team shall have the right at all times during the onsite
inspection to communicate with each other and with the Technical Secretariat.
For this purpose they may use their own duly approved and certified equipment with
the consent of the inspected State Party, to the extent that the inspected State Party
does not provide them with access to other telecommunications.
Observer
63. In accordance with Article IV, paragraph 61, the requesting State Party shall liaise
with the Technical Secretariat to coordinate the arrival of the observer at the same
point of entry or basing point as the inspection team within a reasonable period of the
arrival of the inspection team.
64. The observer shall have the right throughout the inspection to be in
communication with the embassy of the requesting State Party located in the
inspected State Party or, in the case of absence of an embassy, with the requesting
State Party itself.
65. The observer shall have the right to arrive at the inspection area and to have
access to and within the inspection area as granted by the inspected State Party.
66. The observer shall have the right to make recommendations to the inspection team
throughout the inspection.
67. Throughout the inspection, the inspection team shall keep the observer informed
about the conduct of the inspection and the findings.
68. Throughout the inspection, the inspected State Party shall provide or arrange for
the amenities necessary for the observer similar to those enjoyed by the inspection
team as described in paragraph 11. All costs in connection with the stay of the
observer on the territory of the inspected State Party shall be borne by the requesting
State Party.
Inspection Activities and Techniques
69. The following inspection activities may be conducted and techniques used, in
accordance with the provisions on managed access, on collection, handling and
analysis of samples, and on overflights:
(a) Position finding from the air and at the surface to confirm the boundaries
of the inspection area and establish coordinates of locations therein, in support
of the inspection activities;
(b) Visual observation, video and still photography and multi-spectral
imaging, including infrared measurements, at and below the surface, and from
the air, to search for anomalies or artifacts;
© Measurement of levels of radioactivity above, at and below the surface,
using gamma radiation monitoring and energy resolution analysis from the air,
and at or under the surface, to search for and identify radiation anomalies;
(d) Environmental sampling and analysis of solids, liquids and gases from
above, at and below the surface to detect anomalies;
(e) Passive seismological monitoring for aftershocks to localize the search area
and facilitate determination of the nature of an event;
(f) Resonance seismometry and active seismic surveys to search for and locate
underground anomalies, including cavities and rubble zones;
(g) Magnetic and gravitational field mapping, ground penetrating radar and
electrical conductivity measurements at the surface and from the air, as
appropriate, to detect anomalies or artifacts; and
(h) Drilling to obtain radioactive samples.
70. Up to 25 days after the approval of the on-site inspection in accordance with
Article IV, paragraph 46, the inspection team shall have the right to conduct any of
the activities and use any of the techniques listed in paragraph 69 (a) to (e). Following
the approval of the continuation of the inspection in accordance with Article IV,
paragraph 47, the inspection team shall have the right to conduct any of the activities
and use any of the techniques listed in paragraph 69 (a) to (g). The inspection team
shall only conduct drilling after the approval of the Executive Council in accordance
with Article IV, paragraph 48. If the inspection team requests an extension of the
inspection duration in accordance with Article IV, paragraph 49, it shall indicate in its
request which of the activities and techniques listed in paragraph 69 it intends to carry
out in order to be able to fulfil its mandate.
Overflights
71. The inspection team shall have the right to conduct an overflight over the
inspection area during the on-site inspection for the purposes of providing the
inspection team with a general orientation of the inspection area, narrowing down and
optimizing the locations for ground-based inspection and facilitating the collection of
factual evidence, using equipment specified in paragraph 79.
72. The overflight shall be conducted as soon as practically possible. The total
duration of the overflight over the inspection area shall be no more than 12 hours.
73. Additional overflights using equipment specified in paragraphs 79 and 80 may be
conducted subject to the agreement of the inspected State Party.
74. The area to be covered by overflights shall not extend beyond the inspection area.
75. The inspected State Party shall have the right to impose restrictions or, in
exceptional cases and with reasonable justification, prohibitions on the overflight of
sensitive sites not related to the purpose of the inspection. Restrictions may relate to
the flight altitude, the number of passes and circling, the duration of hovering, the
type of aircraft, the number of inspectors on board, and the type of measurements or
observations. If the inspection team considers that the restrictions or prohibitions on
the overflight of sensitive sites may impede the fulfilment of its mandate, the
inspected State Party shall make every reasonable effort to provide alternative means
of inspection.
76. Overflights shall be conducted according to a flight plan duly filed and approved
in accordance with aviation rules and regulations of the inspected State Party. Flight
safety regulations of the inspected State Party shall be strictly observed throughout all
flying operations.
77. During overflights landing should normally be authorized only for purposes of
staging or refueling.
78. Overflights shall be conducted at altitudes as requested by the inspection team
consistent with the activities to be conducted, visibility conditions, as well as the
aviation and the safety regulations of the inspected State Party and its right to protect
sensitive information not related to the purposes of the inspection. Overflights shall be
conducted up to a maximum altitude of 1500 metres above the surface.
79. For the overflight conducted pursuant to paragraphs 71 and 72, the following
equipment may be used on board the aircraft:
(a) Field glasses;
(b) Passive location-finding equipment;
© Video cameras; and
(d) Hand-held still cameras.
80. For any additional overflights conducted pursuant to paragraph 73, inspectors on
board the aircraft may also use portable, easily installed equipment for:
(a) Multi-spectral (including infrared) imagery;
(b) Gamma spectroscopy; and
© Magnetic field mapping.
81. Overflights shall be conducted with a relatively slow fixed or rotary wing aircraft.
The aircraft shall afford a broad, unobstructed view of the surface below.
82. The inspected State Party shall have the right to provide its own aircraft, preequipped
as appropriate in accordance with the technical requirements of the relevant
operational manual, and crew. Otherwise, the aircraft shall be provided or rented by
the Technical Secretariat.
83. If the aircraft is provided or rented by the Technical Secretariat, the inspected
State Party shall have the right to check the aircraft to ensure that it is equipped with
approved inspection equipment. Such checking shall be completed within the timeframe
specified in paragraph 57.
84. Personnel on board the aircraft shall consist of:
(a) The minimum number of flight crew consistent with the safe operation of
the aircraft;
(b) Up to four members of the inspection team;
© Up to two representatives of the inspected State Party;
(d) An observer, if any, subject to the agreement of the inspected State Party;
and
(e) An interpreter, if necessary.
85. Procedures for the implementation of overflights shall be detailed in the
Operational Manual for On-Site Inspections.
Managed Access
86. The inspection team shall have the right to access the inspection area in
accordance with the provisions of the Treaty and this Protocol.
87. The inspected State Party shall provide access within the inspection area in
accordance with the time-frame specified in paragraph 57.
88. Pursuant to Article IV, paragraph 57 and paragraph 86 above, the rights and
obligations of the inspected State Party shall include:
(a) The right to take measures to protect sensitive installations and locations in
accordance with this Protocol;
(b) The obligation, when access is restricted within the inspection area, to
make every reasonable effort to satisfy the requirements of the inspection
mandate through alternative means. Resolving any questions regarding one or
more aspects of the inspection shall not delay or interfere with the conduct of
the inspection team of other aspects of the inspection; and
© The right to make the final decision regarding any access of the inspection
team, taking into account its obligations under this Treaty and the provisions
on managed access.
89. Pursuant to Article IV, paragraph 57 (b) and paragraph 88 (a) above, the inspected
State Party shall have the right throughout the inspection area to take measures to
protect sensitive installations and locations and to prevent disclosure of confidential
information not related to the purpose of the inspection. Such measures may include,
inter alia:
(a) Shrouding of sensitive displays, stores, and equipment;
(b) Restricting measurements of radionuclide activity and nuclear radiation to
determining the presence or absence of those types and energies of radiation
relevant to the purpose of the inspection;
© Restricting the taking of or analysing of samples to determining the
presence or absence of radioactive or other products relevant to the purpose of
the inspection;
(d) Managing access to buildings and other structures in accordance with
paragraphs 90 and 91; and
(e) Declaring restricted-access sites in accordance with paragraphs 92 to 96.
90. Access to buildings and other structures shall be deferred until after the approval
of the continuation of the on-site inspection in accordance with Article IV, paragraph
47, except for access to buildings and other structures housing the entrance to a mine,
other excavations, or caverns of large volume not otherwise accessible. For such
buildings and structures, the inspection team shall have the right only of transit, as
directed by the inspected State Party, in order to enter such mines, caverns or other
excavations.
91. If, following the approval of the continuation of the inspection in accordance with
Article IV, paragraph 47, the inspection team demonstrates credibly to the inspected
State Party that access to buildings and other structures is necessary to fulfil the
inspection mandate and that the necessary activities authorized in the mandate could
not be carried out from the outside, the inspection team shall have the right to gain
access to such buildings or other structures. The head of the inspection team shall
request access to a specific building or structure indicating the purpose of such access,
the specific number of inspectors, as well as the intended activities. The modalities for
access shall be subject to negotiation between the inspection team and the inspected
State Party. The inspected State Party shall have the right to impose restrictions or, in
exceptional cases and with reasonable justification, prohibitions, on the access to
buildings and other structures.
92. When restricted-access sites are declared pursuant to paragraph 89 (e), each such
site shall be no larger than four square kilometres. The inspected State Party has the
right to declare up to 50 square kilometers of restricted-access sites. If more than one
restricted-access site is declared, each such site shall be separated from any other such
site by a minimum distance of 20 metres. Each restricted-access site shall have clearly
defined and accessible boundaries.
93. The size, location, and boundaries of restricted-access sites shall be presented to
the head of the inspection team no later than the time that the inspection team seeks
access to a location that contains all or part of such a site.
94. The inspection team shall have the right to place equipment and take other steps
necessary to conduct its inspection up to the boundary of a restricted-access site.
95. The inspection team shall be permitted to observe visually all open places within
the restricted-access site from the boundary of the site.
96. The inspection team shall make every reasonable effort to fulfil the inspection
mandate outside the declared restricted-access sites prior to requesting access to such
sites. If at any time the inspection team demonstrates credibly to the inspected State
Party that the necessary activities authorized in the mandate could not be carried out
from the outside and that access to a restricted-access site is necessary to fulfil the
mandate, some members of the inspection team shall be granted access to accomplish
specific tasks within the site. The inspected State Party shall have the right to shroud
or otherwise protect sensitive equipment, objects and materials not related to the
purpose of the inspection. The number of inspectors shall be kept to the minimum
necessary to complete the tasks related to the inspection. The modalities for such
access shall be subject to negotiation between the inspection team and the inspected
State Party.
Collection, Handling and Analysis of Samples
97. Subject to paragraphs 86 to 96 and 98 to 100, the inspection team shall have the
right to collect and remove relevant samples from the inspection area.
98. Whenever possible, the inspection team shall analyze samples on-site.
Representatives of the inspected State Party shall have the right to be present when
samples are analyzed on-site. At the request of the inspection team, the inspected
State Party shall, in accordance with agreed procedures, provide assistance for the
analysis of samples on-site. The inspection team shall have the right to transfer
samples for off-site analysis at laboratories designated by the Organization only if it
demonstrates that the necessary sample analysis can not be performed on-site.
99. The inspected State Party shall have the right to retain portions of all samples
collected when these samples are analysed and may take duplicate samples.
100. The inspected State Party shall have the right to request that any unused samples
or portions thereof be returned.
101. The designated laboratories shall conduct chemical and physical analysis of the
samples transferred for off-site analysis. Details of such analysis shall be elaborated in
the Operational Manual for On-Site Inspections.
102. The Director-General shall have the primary responsibility for the security,
integrity and preservation of samples and for ensuring that the confidentiality of
samples transferred for off-site analysis is protected. The Director-General shall do so
in accordance with procedures contained in the Operational Manual for On-Site
Inspections. The Director-General shall, in any case:
(a) Establish a stringent regime governing the collection, handling, transport
and analysis of samples;
(b) Certify the laboratories designated to perform different types of analysis;
© Oversee the standardization of equipment and procedures at these
designated laboratories and of mobile analytical equipment and procedures;
(d) Monitor quality control and overall standards in relation to the certification
of these laboratories and in relation to mobile equipment and procedures; and
(e) Select from among the designated laboratories those which shall perform
analytical or other functions in r
الطاقة النووية بين السلم والحرب - مجلة السياسة الدولية (من أرشيف المجلة) - نزار عثمان - 09-10-2006
[CENTER]Treaty Banning Nuclear Weapon Tests in the Atmosphere,
Outer Space and Under Water
480 UNTS 43
entered into force October 10 1963
The Governments of the United States of America, the United Kingdom of Great Britain and Northern
Ireland, and the Union of Soviet Socialist Republics, hereinafter referred to as the "Original Parties",
Proclaiming as their principal aim the speediest possible achievement of an agreement on general and
complete disarmament under strict international control in accordance with the objectives of the United
Nations which would put an end to the armaments race and eliminate the incentive to the production
and testing of all kinds of weapons, including nuclear weapons,
Seeking to achieve the discontinuance of all test explosions of nuclear weapons for all time, determined
to continue negotiations to this end, and desiring to put an end to the contamination of man's
environment by radioactive substances,
Have agreed as follows:
Article I
1. Each of the Parties to this Treaty undertakes to prohibit, to prevent, and not to carry out any nuclear
weapon test explosion, or any other nuclear explosion, at any place under its jurisdiction or control:
(a) in the atmosphere; beyond its limits, including outer space; or under water, including territorial waters
or high seas; or
(b) in any other environment if such explosion causes radioactive debris to be present outside the
territorial limits of the State under whose jurisdiction or control such explosion is conducted. It is
understood in this connection that the provisions of this subparagraph are without prejudice to the
conclusion of a treaty resulting in the permanent banning of all nuclear test explosions, including all such
explosions underground, the conclusion of which, as the Parties have stated in the Preamble to this
Treaty, they seek to achieve.
2. Each of the Parties to this Treaty undertakes furthermore to refrain from causing, encouraging, or in
any way participating in, the carrying out of any nuclear weapon test explosion, or any other nuclear
explosion, anywhere which would take place in any of the environments described, or have the effect
referred to, in paragraph 1 of this Article.
Article II
1. Any Party may propose amendments to this Treaty. The text of any proposed amendment shall be
submitted to the Depositary Governments which shall circulate it to all Parties to this Treaty. Thereafter,
if requested to do so by one-third or more of the Parties, the Depositary Governments shall convene a
conference, to which they shall invite all the Parties, to consider such amendment.
2. Any amendment to this Treaty must be approved by a majority of the votes of all the Parties to this
Treaty, including the votes of all of the Original Parties. The amendment shall enter into force for all
Parties upon the deposit of instruments of ratification by a majority of all the Parties, including the
instruments of ratification of all of the Original Parties.
Article III
1. This Treaty shall be open to all States for signature. Any State which does not sign this Treaty before
its entry into force in accordance with paragraph 3 of this Article may accede to it at any time.
2. This Treaty shall be subject to ratification by signatory States. Instruments of ratification and
instruments of accession shall be deposited with the Governments of the Original Parties--the United
States of America, the United Kingdom of Great Britain and Northern Ireland, and the Union of Soviet
Socialist Republics--which are hereby designated the Depositary Governments.
3. This Treaty shall enter into force after its ratification by all the Original Parties and the deposit of their
instruments of ratification.
4. For States whose instruments of ratification or accession are deposited subsequent to the entry into
force of this Treaty, it shall enter into force on the date of the deposit of their instruments of ratification or
accession.
5. The Depositary Governments shall promptly inform all signatory and acceding States of the date of
each signature, the date of deposit of each instrument of ratification of and accession to this Treaty, the
date of its entry into force, and the date of receipt of any requests for conferences or other notices.
6. This Treaty shall be registered by the Depositary Governments pursuant to Article 102 of the Charter
of the United Nations.
Article IV
This Treaty shall be of unlimited duration.
Each Party shall in exercising its national sovereignty have the right to withdraw from the Treaty if it
decides that extraordinary events, related to the subject matter of this Treaty, have jeopardized the
supreme interests of its country. It shall give notice of such withdrawal to all other Parties to the Treaty
three months in advance.
Article V
This Treaty, of which the English and Russian texts are equally authentic, shall be deposited in the
archives of the Depositary Governments. Duly certified copies of this Treaty shall be transmitted by the
Depositary Governments to the Governments of the signatory and acceding States.
IN WITNESS WHEREOF the undersigned, duly authorized, have signed this Treaty.
DONE in triplicate at the city of Moscow the fifth day of August, one thousand nine hundred and sixtythree.
[/CENTER]
الطاقة النووية بين السلم والحرب - مجلة السياسة الدولية (من أرشيف المجلة) - نزار عثمان - 09-10-2006
[[CENTER]COLOR=Blue]Treaty Between the USA and USSR on Underground Nuclear Explosions for
Peaceful Purposes
[/COLOR]
15 ILM 891
entered into force December 11, 1990
Signed at Washington and Moscow May 28, 1976
The United States of America and the Union of Soviet Socialist Republics, hereinafter
referred to as the Parties,
Proceeding from a desire to implement Article III of the Treaty between the United
States of America and the Union of Soviet Socialist Republics on the Limitation of
Underground Nuclear Weapon Tests, which calls for the earliest possible conclusion
of an agreement on underground nuclear explosions for peaceful purposes,
Reaffirming their adherence to the objectives and principles of the Treaty Banning
Nuclear Weapon Tests in the Atmosphere, in Outer Space and Under Water, the
Treaty on Non-Proliferation of Nuclear Weapons, and the Treaty on the Limitation of
Underground Nuclear Weapon Tests, and their determination to observe strictly the
provisions of these international agreements,
Desiring to assure that underground nuclear explosions for peaceful purposes shall
not be used for purposes related to nuclear weapons,
Desiring that utilization of nuclear energy be directed only toward peaceful purposes,
Desiring to develop appropriately cooperation in the field of underground nuclear
explosions for peaceful purposes,
Have agreed as follows:
Article I
1 . The Parties enter into this Treaty to satisfy the obligations in Article III of the
Treaty on the Limitation of Underground Nuclear Weapon Tests, and assume
additional obligations in accordance with the provisions of this Treaty.
2. This Treaty shall govern all underground nuclear explosions for peaceful purposes
conducted by the Parties after March 31, 1976.
Article II
1. For the purposes of this Treaty:
(a) "explosion" means any individual or group underground nuclear explosion for
peaceful purposes;
(b) "explosive" means any device, mechanism or system for producing an individual
explosion;
© "group explosion" means two or more individual explosions for which the time
interval between successive individual explosions does not exceed five seconds and
for which the emplacement points of all explosives can be interconnected by straight
line segments, each of which joins two emplacement points and each of which does
not exceed 40 kilometers.
Article III
1. Each Party, subject to the obligations assumed under this Treaty and other
international agreements, reserves the right to:
(a) carry out explosions at any place under its jurisdiction or control outside the
geographical boundaries of test sites specified under the provisions of the Treaty on
the Limitation of Underground Nuclear Weapon Tests; and
(b) carry out, participate or assist in carrying out explosions in the territory of another
State at the request of such other State.
2. Each Party undertakes to prohibit, to prevent and not to carry out at any place under
its jurisdiction or control, and further undertakes not to carry out, participate or assist
in carrying out anywhere:
(a) any individual explosion having a yield exceeding 150 kilotons;
(b) any group explosion:
(1) having an aggregate yield exceeding 150 kilotons except in ways that will permit
identification of each individual explosion and determination of the yield of each
individual explosion in the group in accordance with the provisions of Article IV of
and the Protocol to this Treaty;
(2) having an aggregate yield exceeding one and one-half megatons;
© any explosion which does not carry out a peaceful application;
(d) any explosion except in compliance with the provisions of the Treaty Banning
Nuclear Weapon Tests in the Atmosphere, in Outer Space and Under Water, the
Treaty on the Non-Proliferation of Nuclear Weapons, and other international
agreements entered into by that Party.
3. The question of carrying out any individual explosion having a yield exceeding the
yield specified in paragraph 2(a) of this article will be considered by the Parties at an
appropriate time to be agreed.
Article IV
1. For the purpose of providing assurance of compliance with the provisions of this
Treaty, each Party shall:
(a) use national technical means of verification at its disposal in a manner consistent
with generally recognized principles of international law; and
(b) provide to the other Party information and access to sites of explosions and furnish
assistance in accordance with the provisions set forth in the Protocol to this Treaty.
2. Each Party undertakes not to interfere with the national technical means of
verification of the other Party operating in accordance with paragraph 1(a) of this
article, or with the implementation of the provisions of paragraph 1(b) of this article.
Article V
1. To promote the objectives and implementation of the provisions of this Treaty, the
Parties shall establish promptly a Joint Consultative Commission within the
framework of which they will:
(a) consult with each other, make inquiries and furnish information in response to
such inquiries, to assure confidence in compliance with the obligations assumed;
(b) consider questions concerning compliance with the obligations assumed and
related situations which may be considered ambiguous;
© consider questions involving unintended interference with the means for assuring
compliance with the provisions of this Treaty;
(d) consider changes in technology or other new circumstances which have a bearing
on the provisions of this Treaty; and
(e) consider possible amendments to provisions governing underground nuclear
explosions for peaceful purposes.
2. The Parties through consultation shall establish, and may amend as appropriate,
Regulations for the Joint Consultative Commission governing procedures,
composition and other relevant matters.
Article VI
1. The Parties will develop cooperation on the basis of mutual benefit, equality, and
reciprocity in various areas related to carrying out underground nuclear explosions for
peaceful purposes.
2. The Joint Consultative Commission will facilitate this cooperation by considering
specific areas and forms of cooperation which shall be determined by agreement
between the Parties in accordance with their constitutional procedures.
3. The Parties will appropriately inform the International Atomic Energy Agency of
results of their cooperation in the field of underground nuclear explosions for peaceful
purposes.
Article VII
1. Each Party shall continue to promote the development of the international
agreement or agreements and procedures provided for in Article V of the Treaty on
the Non-Proliferation of Nuclear Weapons, and shall provide appropriate assistance to
the International Atomic Energy Agency in this regard.
2. Each Party undertakes not to carry out, participate or assist in the carrying out of
any explosion in the territory of another State unless that State agrees to the
implementation in its territory of the implementation observation and procedures
contemplated by Article V of the Treaty on the Non-Proliferation of Nuclear Weapons
and the provisions of Article IV of the Protocol to this Treaty, including the provision
by that State of the assistance necessary for such implementation and of the privileges
and immunities specified in the Protocol.
Article VIII
1. This Treaty shall remain in force for a period of five years, and it shall be extended
for successive five-year periods unless either Party notifies the other of its termination
no later than six months prior to its expiration. Before the expiration of this period the
Parties may, as necessary, hold consultations to consider the situation relevant to the
substance of this Treaty. However, under no circumstances shall either Party be
entitled to terminate this Treaty while the Treaty on the Limitation of Underground
Nuclear Weapon Tests remains in force.
2. Termination of the Treaty on the Limitation of Underground Nuclear Weapon Tests
shall entitle either Party to withdraw from this Treaty at any time.
3. Each Party may propose amendments to this Treaty. Amendments shall enter into
force on the day of the exchange of instruments of ratification of such amendments.
Article IX
1. This Treaty including the Protocol which forms an integral part hereof, shall be
subject to ratification in accordance with the constitutional procedures of each Party.
This Treaty shall enter into force on the day of the exchange of instruments of
ratification which exchange shall take place simultaneously with the exchange of
instruments of ratification of the Treaty on the Limitation of Underground Nuclear
Weapon Tests.
2. This Treaty shall be registered pursuant to Article 102 of the Charter of the United
Nations.
DONE at Washington and Moscow, on May 28,1976, in duplicate, in the English and
Russian languages, both texts being equally authentic.
For the United States of America: GERALD R. FORD, The President of the United
States of America
For the Union of Soviet Socialist Republics: L.BREZHNEV, General Secretary of the
Central Committee of the CPSU
[/CENTER]
الطاقة النووية بين السلم والحرب - مجلة السياسة الدولية (من أرشيف المجلة) - نزار عثمان - 09-10-2006
Treaty on Principles Governing the Activities
of States in the Exploration and Use of
Outer Space, Including the Moon and
Other Celestial Bodies
[CENTER]610 UNTS 205,
entered into force October 10, 1967
The States Parties to this Treaty,
Inspired by the great prospects opening up before mankind as a result of man's entry into outer space,
Recognizing the common interest of all mankind in the progress of the exploration and use of outer
space for peaceful purposes,
Believing that the exploration and use of outer space should be carried on for the benefit of all peoples
irrespective of the degree of their economic or scientific development,
Desiring to contribute to broad international co-operation in the scientific as well as the legal aspects of
the exploration and use of outer space for peaceful purposes,
Believing that such co-operation will contribute to the development of mutual understanding and to the
strengthening of friendly relations between States and peoples,
Recalling resolution 1962 (XVIII), entitled 'Declaration of Legal Principles Governing the Activities of
States in the Exploration and Use of Outer Space', which was adopted unanimously by the United
Nations General Assembly on 13 December 1963,
Recalling resolution 1884 (XVIII), calling upon States to refrain from placing in orbit around the Earth
any objects carrying nuclear weapons or any other kinds of weapons of mass destruction or from
installing such weapons on celestial bodies, which was adopted unanimously by the United Nations
General Assembly on 17 October 1963,
Taking account of United Nations General Assembly resolution 110 (II) of 3 November 1947, which
condemned propaganda designed or likely to provoke or encourage any threat to the peace, breach of
the peace or act of aggression, and considering that the aforementioned resolution is applicable to outer
space,
Convinced that a Treaty on Principles Governing the Activities of States in the Exploration and Use of
Outer Space, including the Moon and Other Celestial Bodies, will further the purposes and principles of
the Charter of the United Nations,
Have agreed on the following:
Article 1
The exploration and use of outer space, including the Moon and other celestial bodies, shall be carried
out for the benefit and in the interests of all countries, irrespective of their degree of economic or
scientific development, and shall be the province of all mankind.
Outer space, including the Moon and other celestial bodies, shall be free for exploration and use by all
States without discrimination of any kind, on a basis of equality and in accordance with international law,
and there shall be free access to all areas of celestial bodies.
There shall be freedom of scientific investigation in outer space, including the Moon and other celestial
bodies, and States shall facilitate and encourage international co-operation in such investigation .
Article 2
Outer space, including the Moon and other celestial bodies, is not subject to national appropriation by
claim of sovereignty, by means of use or occupation, or by any other means.
Article 3
States Parties to the Treaty shall carry on activities in the exploration and use of outer space, including
the Moon and other celestial bodies, in accordance with international law, including the Charter of the
United Nations, in the interest of maintaining international peace and security and promoting
international co- operation and understanding.
Article 4
States Parties to the Treaty undertake not to place in orbit around the Earth any object carrying nuclear
weapons or any other kind of weapons of mass destruction, install such weapons on celestial bodies, or
station such weapons in outer space in any other manner.
The Moon and other celestial bodies shall be used by all States Parties to the Treaty exclusively for
peaceful purposes. The establishment of military bases, installations and fortifications, the testing of any
type of weapons and the conduct of military manoeuvres on celestial bodies shall be forbidden. The use
of military personnel for scientific research or for any other peaceful purposes shall not be prohibited.
The use of any equipment or facility necessary for peaceful exploration of the Moon and other celestial
bodies shall also not be prohibited.
Article 5
States Parties to the Treaty shall regard astronauts as envoys of mankind in outer space and shall
render to them all possible assistance in the event of accident, distress, or emergency landing on the
territory of another State Party or on the high seas. When astronauts make such a landing they shall be
safely and promptly returned to the State of registry of their space vehicle.
In carrying on activities in outer space and on celestial bodies, the astronauts of one State Party shall
render all possible assistance to the astronauts of other States Parties.
States Parties to the Treaty shall immediately inform the other States Parties to the Treaty or the
Secretary-General of the United Nations of any phenomena they discover in outer space, including the
Moon and other celestial bodies, which could constitute a danger to the life or health of astronauts.
Article 6
States Parties to the Treaty shall bear international responsibility for national activities in outer space,
including the Moon and other celestial bodies, whether such activities are carried on by governmental
agencies or by non-governmental entities, and for assuring that national activities are carried out in
conformity with the provisions set forth in the present Treaty. The activities of nongovernmental entities
in outer space, including the Moon and other celestial bodies, shall require authorization and continuing
supervision by the appropriate State Party to the Treaty. When activities are carried on in outer space,
including the Moon and other celestial bodies, by an international organization, responsibility for
compliance with this Treaty shall be borne both by the international organization and by the States
Parties to the Treaty participating in such organization.
Article 7
Each State Party to the Treaty that launches or procures the launching of an object into outer space,
including the Moon and other celestial bodies, and each State party from whose territory or facility an
object is launched, is internationally liable for damage to another State Party to the Treaty or to its
natural or juridical persons by such object or its component parts on the Earth, in air space or in outer
space, including the Moon and other celestial bodies.
Article 8
A State Party to the Treaty on whose registry an object launched into outer space is carried shall retain
jurisdiction and control over such object, and over any personnel thereof, while in outer space or on a
celestial body. Ownership of objects launched into outer space including objects landed or constructed
on a celestial body, and of their component parts, is not affected by their presence in outer space or on
a celestial body or by their return to the Earth. Such objects or component parts found beyond the limits
of the State Party to the Treaty on whose registry they are carried shall be returned to that State Party,
which shall, upon request, furnish identifying data prior to their return.
Article 9
In the exploration and use of outer space, including the Moon and other celestial bodies, States Parties
to the Treaty shall be guided by the principle of co-operation and mutual assistance and shall conduct all
their activities in outer space, including the Moon and other celestial bodies, with due regard to the
corresponding interests of all other States Parties to the Treaty. States Parties to the Treaty shall pursue
studies of outer space, including the Moon and other celestial bodies, and conduct exploration of them
so as to avoid their harmful contamination and also adverse changes in the environment of the Earth
resulting from the introduction of extraterrestrial matter and, where necessary, shall adopt appropriate
measures for this purpose. If a State Party to the Treaty has reason to believe that an activity or
experiment planned by it or its nationals in outer space, including the Moon and other celestial bodies,
would cause potentially harmful interference with activities of other States Parties in the peaceful
exploration and use of outer space, including the Moon and other celestial bodies, it shall undertake
appropriate international consultations before proceeding with any such activity or experiment. A State
Party to the Treaty which has reason to believe that an activity or experiment planned by another State
Party in outer space, including the Moon and other celestial bodies, would cause potentially harmful
interference with activities in the peaceful exploration and use of outer space, including the Moon and
other celestial bodies, may request consultation concerning the activity or experiment.
Article 10
In order to promote international co-operation in the exploration and use of outer space, including the
Moon and other celestial bodies, in conformity with the purposes of this Treaty, the States Parties to the
Treaty shall consider on a basis of equality any request by other States Parties to the Treaty to be
afforded an opportunity to observe the flight of space objects launched by those States.
The nature of such an opportunity for observation and the conditions under which it could be afforded
shall be determined by agreement between the States concerned.
Article 11
In order to promote international co-operation in the peaceful exploration and use of outer space, States
Parties to the Treaty conducting activities in outer space, including the Moon and other celestial bodies,
agree to inform the Secretary-General of the United Nations as well as the public and the international
scientific community, to the greatest extent feasible and practicable, of the nature, conduct, locations
and results of such activities. On receiving the said information, the Secretary-General of the United
Nations should be prepared to disseminate it immediately and effectively.
Article 12
All stations, installations, equipment and space vehicles on the Moon and other celestial bodies shall be
open to representatives of other States Parties to the Treaty on a basis of reciprocity. Such
representatives shall give reasonable advance notice of a projected visit, in order that appropriate
consultations may be held and that maximum precautions may be taken to assure safety and to avoid
interference with normal operations in the facility to be visited.
Article 13
The provisions of this Treaty shall apply to the activities of States Parties to the Treaty in the exploration
and use of outer space including the Moon and other celestial bodies, whether such activities are carried
on by a single State Party to the Treaty or jointly with other States, including cases where they are
carried on within the framework of international intergovernmental organizations.
Any practical questions arising in connexion with activities carried on by international intergovernmental
organizations in the exploration and use of outer space, including the Moon and other celestial bodies,
shall be resolved by the States Parties to the Treaty either with the appropriate international
organization or with one or more States members of that international organization, which are Parties to
this Treaty.
Article 14
1. This Treaty shall be open to all States for signature. Any State which does not sign this Treaty before
its entry into force in accordance with paragraph 3 of this article may accede to it at any time.
2. This Treaty shall be subject to ratification by signatory States. Instruments of ratification and
instruments of accession shall be deposited with the Governments of the Union of Soviet Socialist
Republics, the United Kingdom of Great Britain and Northern Ireland and the United States of America,
which are hereby designated the Depositary Governments.
3. This Treaty shall enter into force upon the deposit of instruments of ratification by five Governments
including the Governments designated as Depositary Governments under this Treaty.
4. For States whose instruments of ratification or accession are deposited subsequent to the entry into
force of this Treaty, it shall enter into force on the date of the deposit of their instruments of ratification or
accession.
5. The Depositary Governments shall promptly inform all signatory and acceding States of the date of
each signature, the date of deposit of each instrument of ratification of and accession to this Treaty, the
date of its entry into force and other notices.
6. This Treaty shall be registered by the Depositary Governments pursuant to Article 102 of the Charter
of the United Nations.
Article 15
Any State Party to the Treaty may propose amendments to this Treaty. Amendments shall enter into
force for each State Party to the Treaty accepting the amendments upon their acceptance by a majority
of the States Parties to the Treaty and thereafter for each remaining State Party to the Treaty on the
date of acceptance by it.
Article 16
Any State Party to the Treaty may give notice of its withdrawal from the Treaty one year after its entry
into force by written notification to the Depositary Governments. Such withdrawal shall take effect one
year from the date of receipt of this notification.
Article 17
This Treaty, of which the Chinese, English, French, Russian and Spanish texts are equally authentic,
shall be deposited in the archives of the Depositary Governments. Duly certified copies of this Treaty
shall be transmitted by the Depositary Governments to the Governments of the signatory and acceding
States.
IN WITNESS WHEREOF the undersigned, duly authorized, have signed this Treaty.
DONE in, at the cities of London, Moscow and Washington, the day of one thousand nine hundred and
sixty-seven.
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الطاقة النووية بين السلم والحرب - مجلة السياسة الدولية (من أرشيف المجلة) - نزار عثمان - 09-10-2006
Treaty on the Prohibition of the Emplacement of
Nuclear Weapons and Other Weapons of Mass Destruction
on the Sea-Bed and the Ocean Floor and in the Subsoil Thereof
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955 UNTS 115
Objective
To exclude the sea-bed, the ocean floor and the subsoil thereof from the arms race as a step towards
disarmament, the reduction of international tensions and the maintenance of world peace.
Provisions
(a) Parties undertake not to place on the sea-bed, on the ocean floor or in the subsoil thereof, nuclear
weapons or other weapons of mass destruction, or structures for launching, storing, testing or using
such weapons (art. 1),
(b) Outer limit of the sea-bed zone to be the 12 mile limit referred to in the Convention on the Territorial
Sea and the Contiguous Zone, 1958 (art. 2);
© Observers from any party may observe and verify the activities of any other party on the sea-bed. In
case of doubt parties shall consult and co-operate to remove such doubt by means of inspection and
any other agreed procedures. If a serious question still remains concerning fulfilment of the obligations
under the Treaty, a party may refer the matter to the United Nations Security Council (art. 3).
Membership
Open to all States for signature subject to ratification, or for accession. Instruments of ratification or
accession to be deposited with the depositary Governments.
Date of adoption: 11. 02. 1971
Places of adoption: London, Moscow, Washington
Date of entry into force: 18. 05. 1972
Languages: Chinese, English, French, Russian, Spanish
Depositaries: Union of Soviet Socialist Republics,United Kingdom of Great Britain and Northern Ireland,
United States of America
Parties and dates of entry into force:
Afghanistan 18. 5.1972 Argentina 21. 3.1983 Australia 23. 1.1973 Austria 10. 8.1972 Belgium
20.11.1972 Benin 19. 6.1986 Botswana 10.11.1972 Brazil 10. 5.1988 Bulgaria 18. 5.1972 Byelorussian
Soviet Socialist Republic 18. 5.1972 Canada 18. 5.1972 Cape Verde 24.10.1979 Central African
Republic 9. 7.1981 Congo 23.10.1978 Cuba 3. 6.1977 Cyprus 18. 5.1972 Czechoslovakia 18. 5.1972
Democratic Yemen 1. 6.1979 Denmark 18. 5.1972 Dominican Republic 18. 5.1972 Ethiopia 12. 7.1977
Finland 18. 5.1972 Germany, Democratic Republic 18. 5.1972 Germany, Federal Republic of
18.11.1975 Ghana 9. 8.1972 Greece 28. 5.1985 Guinea-Bissau 20. 8.1976 Hungary 18. 5.1972 Iceland
30. 5.1972 India 20. 7.1973 Iran (Islamic Republic of) 18. 5.1972 Iraq 13. 9.1972 Ireland 18. 5.1972 Italy
3. 9.1974 Ivory Coast 18. 5.1972 Jamaica 30. 7.1986 Japan 18. 5.1972 Jordan 18. 5.1972 Korea 25.
6.1987 Lao People's Democratic Republic 18. 5.1972 Luxembourg 11.11.1982 Lesotho 3. 4.1973
Malaysia 21. 6.1972 Malta 18. 5.1972 Mauritius 18. 5.1972 Mexico 23. 3.1984 Mongolia 18. 5.1972
Morocco 18. 5.1972 Nepal 18. 5.1972 Netherlands* 14. 1.1976 New Zealand 18. 5.1972 Nicaragua 7.
2.1973 Niger 18. 5.1972 Norway 18. 5.1972 Panama 20. 3.1974 Poland 18. 5.1972 Portugal 24. 6.1975
Qatar 12.11.1974 Romania 10. 7.1972 Rwanda 20. 5.1975 Sao Tome and Principe 24. 8.1979 Saudi
Arabia 23. 6.1972 Seychelles 12 3.1985 Singapore 10. 9.1976 Solomon Islands 17. 6.1981 South Africa
14.11.1973 Spain 15. 7.1987 Swaziland 18. 5.1972 Sweden 18. 5.1972 Switzerland 4. 5.1976 Togo 18.
5.1972 Tunisia 18. 5.1972 Turkey 25.10.1972 Ukrainian Soviet Socialist Republic 18. 5.1972 Union of
Soviet Socialist Republics 18. 5.1972 United Kingdom of Great Britain and Northern Ireland** 18. 5.1972
United States of America 18. 5.1972 Viet Nam 20. 6.1980 Yugoslavia 25.10.1973 Zambia 9.10.1972
* In respect of the Kingdom in Europe, Netherlands, Antilles and Aruba.
** Extended to Antigua (now independent as Antigua and Barbuda), Dominica (now independent),
Grenada (now independent), St. Christopher-Nevis-Anguilla, Saint Christopher and Nevis (now
independent), St. Lucia (now independent), St. Vincent (now independent as Saint Vincent and the
Grenadines) and territories under the territorial sovereignty of the United Kingdom, as well as the State
of Brunei (now independent).
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