[[CENTER]COLOR=Blue]Convention on Assistance in the Case of a Nuclear Accident or Radiological
Emergency[/COLOR]



THE STATES PARTIES TO THIS CONVENTION,
AWARE that nuclear activities are being carried out in a number of States,
NOTING that comprehensive measures have been and are being taken to ensure a
high level of safety in nuclear activities, aimed at preventing nuclear accidents and
minimizing the consequences of any such accident, should it occur,
DESIRING to strengthen further international co-operation in the safe development
and use of nuclear energy,
CONVINCED of the need for an international framework which will facilitate the
prompt provision of assistance in the event of a nuclear accident or radiological
emergency to mitigate its consequences,
NOTING the usefulness of bilateral and multilateral arrangements on mutual
assistance in this area,
NOTING the activities of the International Atomic Energy Agency in developing
guidelines for mutual emergency assistance arrangements in connection with a
nuclear accident or radiological emergency,
HAVE AGREED as follows:
Article 1
General provisions
1. The States Parties shall cooperate between themselves and with the
International Atomic Energy Agency (hereinafter referred to as the "Agency")
in accordance with the provisions of this Convention to facilitate prompt
assistance in the event of a nuclear accident or radiological emergency to
minimize its consequences and to protect life, property and the environment
from the effects of radioactive releases.
2. To facilitate such cooperation States Parties may agree on bilateral or
multilateral arrangements or, where appropriate, a combination of these, for
preventing or minimizing injury and damage which may result in the event of
a nuclear accident or radiological emergency.
3. The States Parties request the Agency, acting within the framework of its
Statute, to use its best endeavours in accordance with the provisions of this
Convention to promote, facilitate and support the cooperation between States
Parties provided for in this Convention.
Article 2
Provision of assistance
1. If a State Party needs assistance in the event of a nuclear accident or
radiological emergency, whether or not such accident or emergency originates
within its territory, jurisdiction or control, it may call for such assistance from
any other State Party, directly or through the Agency, and from the Agency,
or, where appropriate, from other international intergovernmental
organizations (hereinafter referred to as "international organizations").
2. A State Party requesting assistance shall specify the scope and type of
assistance required and, where practicable, provide the assisting party with
such information as may be necessary for that party to determine the extent to
which it is able to meet the request. In the event that it is not practicable for
the requesting State Party to specify the scope and type of assistance required,
the requesting State Party and the assisting party shall, in consultation, decide
upon the scope and type of assistance required.
3. Each State Party to which a request for such assistance is directed shall
promptly decide and notify the requesting Slate Party, directly or through the
Agency, whether it is in a position to render the assistance requested, and the
scope and terms of the assistance that might be rendered.
4. States Parties shall, within the limits of their capabilities, identify and notify
the Agency of experts, equipment and materials which could be made
available for the provision of assistance to other States Parties in the event of a
nuclear accident or radiological emergency as well as the terms, especially
financial, under which such assistance could be provided.
5. Any State Party may request assistance relating to medical treatment or
temporary relocation into the territory of another State Party of people
involved in a nuclear accident or radiological emergency.
6. The Agency shall respond, in accordance with its Statute and as provided for
in this Convention, to a requesting State Party's or a Member State's request
for assistance in the event of a nuclear accident or radiological emergency by:
a. making available appropriate resources allocated for this purpose;
b. transmitting promptly the request to other States and international
organizations which, according to the Agency's information, may possess the
necessary resources; and
c. if so requested by the requesting State, co-ordinating the assistance at the
international level which may thus become available.
Article 3
Direction and control of assistance
Unless otherwise agreed:
a. the overall direction, control, co-ordination and supervision of the assistance
shall be the responsibility within its territory of the requesting State. The assisting
party should, where the assistance involves personnel, designate in consultation with
the requesting State, the person who should be in charge of and retain immediate
operational supervision over the personnel and the equipment provided by it. The
designated person should exercise such supervision in cooperation with the
appropriate authorities of the requesting State;
b. the requesting State shall provide, to the extent of its capabilities, local
facilities and services for the proper and effective administration of the assistance. It
shall also ensure the protection of personnel, equipment and materials brought into its
territory by or on behalf of the assisting party for such purpose;
c. ownership of equipment and materials provided by either party during the
periods of assistance shall be unaffected, and their return shall be ensured;
d. a State Party providing assistance in response to a request under paragraph 5
of article 2 shall co-ordinate that assistance within its territory.
Article 4
Competent authorities and points of contact
1. Each State Party shall make known to the Agency and to other States Parties,
directly or through the Agency, its competent authorities and point of contact
authorized to make and receive requests for and to accept offers of assistance.
Such points of contact and a focal point within the Agency shall be available
continuously.
2. Each State Party shall promptly inform the Agency of any changes that may
occur in the information referred to in paragraph 1.
3. The Agency shall regularly and expeditiously provide to States Parties,
Member States and relevant international organizations the information
referred to in paragraphs 1 and 2.
Article 5
Functions of the Agency
The States Parties request the Agency, in accordance with paragraph 3 of article 1 and
without prejudice to other provisions of this Convention, to:
a. collect and disseminate to States Parties and Member States information
concerning:
i. experts, equipment and materials which could be made available in the event
of nuclear accidents or radiological emergencies;
ii. methodologies, techniques and available results of research relating to
response to nuclear accidents or radiological emergencies;
b. assist a State Party or a Member State when requested in any of the following
or other appropriate matters:
. preparing both emergency plans in the case of nuclear accidents and
radiological emergencies and the appropriate legislation;
i. developing appropriate training programmes for personnel to deal with nuclear
accidents and radiological emergencies;
ii. transmitting requests for assistance and relevant information in the event of a
nuclear accident or radiological emergency;
iii. developing appropriate radiation monitoring programmes, procedures and
standards;
iv. conducting investigations into the feasibility of establishing appropriate
radiation monitoring systems;
c. make available to a State Party or a Member State requesting assistance in the
event of a nuclear accident or radiological emergency appropriate resources allocated
for the purpose of conducting an initial assessment of the accident or emergency;
d. offer its good offices to the States Parties and Member States in the event of a
nuclear accident or radiological emergency;
e. establish and maintain liaison with relevant international organizations for the
purposes of obtaining and exchanging relevant information and data, and make a list
of such organizations available to States Parties, Member States and the
aforementioned organizations.
Article 6
Confidentiality and public statements
1. The requesting State and the assisting party shall protect the confidentiality of
any confidential information that becomes available to either of them in
connection with the assistance in the event of a nuclear accident or
radiological emergency. Such information shall be used exclusively for the
purpose of the assistance agreed upon.
2. The assisting party shall make every effort to coordinate with the requesting
State before releasing information to the public on the assistance provided in
connection with a nuclear accident or radiological emergency.
Article 7
Reimbursement of costs
1. An assisting party may offer assistance without costs to the requesting Slate.
When considering whether to offer assistance on such a basis, the assisting
party shall take into account:
a. the nature of the nuclear accident or radiological emergency;
b. the place of origin of the nuclear accident or radiological emergency;
c. the needs of developing countries;
d. the particular needs of countries without nuclear facilities; and
e. any other relevant factors.
2. When assistance is provided wholly or partly on a reimbursement basis, the
requesting State shall reimburse the assisting party for the costs incurred for
the services rendered by persons or organizations acting on its behalf, and for
all expenses in connection with the assistance to the extent that such expenses
are not directly defrayed by the requesting State. Unless otherwise agreed,
reimbursement shall be provided promptly after the assisting party has
presented its request for reimbursement to the requesting State, and in respect
of costs other than local costs, shall be freely transferrable.
3. Notwithstanding paragraph 2, the assisting party may at any time waive, or
agree to the postponement of, the reimbursement in whole or in part. In
considering such waiver or postponement, assisting parties shall give due
consideration to the needs of developing countries.
Article 8
Privileges, immunities and facilities
1. The requesting State shall afford to personnel of the assisting party and
personnel acting on its behalf the necessary privileges, immunities and
facilities for the performance of their assistance functions.
2. The requesting State shall afford the following privileges and immunities to
personnel of the assisting party or personnel acting on its behalf who have
been duly notified to and accepted by the requesting State:
a. immunity from arrest, detention and legal process, including criminal, civil
and administrative jurisdiction, of the requesting State, in respect of acts or omissions
in the performance of their duties; and
b. exemption from taxation, duties or other charges, except those which are
normally incorporated in the price of goods or paid for services rendered, in respect of
the performance of their assistance functions.
3. The requesting State shall:
. afford the assisting party exemption from taxation, duties or other charges on
the equipment and property brought into the territory of the requesting State by the
assisting party for the purpose of the assistance; and
a. provide immunity from seizure, attachment or requisition of such equipment
and property.
4. The requesting State shall ensure the return of such equipment and property. If
requested by the assisting party, the requesting State shall arrange, to the
extent it is able to do so, for the necessary decontamination of recoverable
equipment involved in the assistance before its return.
5. The requesting State shall facilitate the entry into, stay in and departure from
its national territory of personnel notified pursuant to paragraph 2 and of
equipment and property involved in the assistance.
6. Nothing in this article shall require the requesting State to provide its nationals
or permanent residents with the privileges and immunities provided for in the
foregoing paragraphs.
7. Without prejudice to the privileges and immunities, all beneficiaries enjoying
such privileges and immunities under this article have a duty to respect the
laws and regulations of the requesting State. They shall also have the duty not
to interfere in the domestic affairs of the requesting State.
8. Nothing in this article shall prejudice rights and obligations with respect to
privileges and immunities afforded pursuant to other international agreements
or the rules of customary international law.
9. When signing, ratifying, accepting, approving or acceding to this Convention,
a State may declare that it does not consider itself bound in whole or in part by
paragraphs 2 and 3.
10. A State Party which has made a declaration in accordance with paragraph 9
may at any time withdraw it by notification to the depositary.
Article 9
Transit of personnel, equipment and property
Each State Party shall, at the request of the requesting State or the assisting party,
seek to facilitate the transit through its territory of duly notified personnel, equipment
and property involved in the assistance to and from the requesting State.
Article 10
Claims and compensation
1. The States Parties shall closely cooperate in order to facilitate the settlement of
legal proceedings and claims under this article.
2. Unless otherwise agreed, a requesting State shall in respect of death or of
injury to persons, damage to or loss of property, or damage to the environment
caused within its territory or other area under its jurisdiction or control in the
course of providing the assistance requested:
a. not bring any legal proceedings against the assisting party or persons or other
legal entities acting on its behalf;
b. assume responsibility for dealing with legal proceedings and claims brought
by third parties against the assisting party or against persons or other legal entities
acting on its behalf;
c. hold the assisting party or persons or other legal entities acting on its behalf
harmless in respect of legal proceedings and claims referred to in sub-paragraph (b);
and
d. compensate the assisting party or persons or other legal entities acting on its
behalf for:
i. death of or injury to personnel of the assisting party or persons acting on its
behalf;
ii. loss of or damage to non-consumable equipment or materials related to the
assistance;
except in cases of wilful misconduct by the individuals who caused the
death, injury, loss or damage.
3. This article shall not prevent compensation or indemnity available under any
applicable international agreement or national law of any State.
4. Nothing in this article shall require the requesting State to apply paragraph 2
in whole or in part to its nationals or permanent residents.
5. When signing, ratifying, accepting, approving or acceding to this Convention,
a State may declare:
. that it does not consider itself bound in whole or in part by paragraph 2;
a. that it will not apply paragraph 2 in whole or in part in cases of gross
negligence by the individuals who caused the death, injury, loss or damage.
6. A State Party which has made a declaration in accordance with paragraph 5
may at any time withdraw it by notification to the depositary.
Article 11
Termination of assistance
The requesting State or the assisting party may at any time, after appropriate
consultations and by notification in writing, request the termination of assistance
received or provided under this Convention. Once such a request has been made, the
parties involved shall consult with each other to make arrangements for the proper
conclusion of the assistance.
Article 12
Relationship to other international agreements
This Convention shall not affect the reciprocal rights and obligations of States Parties
under existing international agreements which relate to the matters covered by this
Convention, or under future international agreements concluded in accordance with
the object and purpose of this Convention.
Article 13
Settlement of disputes
1. In the event of a dispute between States Parties, or between a State Party and
the Agency, concerning the interpretation or application of this Convention,
the parties to the dispute shall consult with a view to the settlement of the
dispute by negotiation or by any other peaceful means of settling disputes
acceptable to them.
2. If a dispute of this character between States Parties cannot be settled within
one year from the request for consultation pursuant to paragraph 1, it shall, at
the request of any party to such dispute, be submitted to arbitration or referred
to the International Court of Justice for decision. Where a dispute is submitted
to arbitration, if, within six months from the date of the request, the parties to
the dispute are unable to agree on the organization of the arbitration, a party
may request the President of The International Court of Justice or the
Secretary-General of the United Nations to appoint one or more arbitrators. In
cases of conflicting requests by the parties to the dispute, the request to the
Secretary-General of the United Nations shall have priority.
3. When signing, ratifying, accepting, approving or acceding to this Convention,
a State may declare that it does not consider itself bound by either or both of
the dispute settlement procedures provided for in paragraph 2. The other States
Parties shall not be bound by a dispute settlement procedure provided for in
paragraph 2 with respect to a State Party for which such a declaration is in
force.
4. A State Party which has made a declaration in accordance with paragraph 3
may at any time withdraw it by notification to the depositary.
Article 14
Entry into force
1. This Convention shall be open for signature by all States and Namibia,
represented by the United Nations Council for Namibia, at the Headquarters of
the International Atomic Energy Agency in Vienna and at the Headquarters of
the United Nations in New York, from 26 September 1986 and 6 October
1986 respectively, until its entry into force or for twelve months, whichever
period is longer.
2. A State and Namibia, represented by the United Nations Council for Namibia,
may express its consent to be bound by this Convention either by signature, or
by deposit of an instrument of ratification, acceptance or approval following
signature made subject to ratification, acceptance or approval, or by deposit of
an instrument of accession. The instruments of ratification, acceptance,
approval or accession shall be deposited with the depositary.
3. This Convention shall enter into force thirty days after consent to be bound
has been expressed by three States.
4. For each State expressing consent to be bound by this Convention after its
entry into force, this Convention shall enter into force for that State thirty days
after the date of expression of consent.
5.
a. This Convention shall be open for accession, as provided for in this
article, by international organizations and regional integration
organizations constituted by sovereign States, which have competence
in respect of the negotiation, conclusion and application of
international agreements in matters covered by this Convention.
b. In matters within their competence such organizations shall, on their own
behalf, exercise the rights and fulfil the obligations which this Convention attributes
to States Parties.
c. When depositing its instrument of accession, such an organization shall
communicate to the depositary a declaration indicating the extent of its competence in
respect of matters covered by this Convention.
d. Such an organization shall not hold any vote additional to those of its Member
States.
Article 15
Provisional application
A State may, upon signature or at any later date before this Convention enters into
force for it, declare that it will apply this Convention provisionally.
Article 16
Amendments
1. A State Party may propose amendments to this Convention. The proposed
amendment shall be submitted to the depositary who shall circulate it
immediately to all other States Parties.
2. If a majority of the States Parties request the depositary to convene a
conference to consider the proposed amendments, the depositary shall invite
all States Parties to attend such a conference to begin not sooner than thirty
days after the invitations are issued. Any amendment adopted at the
conference by a two-thirds majority of all States Parties shall be laid down in a
protocol which is open to signature in Vienna and New York by all States
Parties.
3. The protocol shall enter into force thirty days after consent to be bound has
been expressed by three States. For each State expressing consent to be bound
by the protocol after its entry into force, the protocol shall enter into force for
that State thirty days after the date of expression of consent.
Article 17
Denunciation
1. A State Party may denounce this Convention by written notification to the
depositary.
2. Denunciation shall take effect one year following the date on which the
notification is received by the depositary.
Article 18
Depositary
1. The Director General of the Agency shall be the depositary of this
Convention.
2. The Director General of the Agency shall promptly notify States Parties and
all other States of:
a. each signature of this Convention or any protocol of amendment;
b. each deposit of an instrument of ratification, acceptance, approval or accession
concerning this Convention or any protocol of amendment;
c. any declaration or withdrawal thereof in accordance with articles 8, 10 and 13;
d. any declaration of provisional application of this Convention in accordance
with article 15;
e. the entry into force of this Convention and of any amendment thereto; and
f. any denunciation made under article 17.
Article 19
Authentic texts and certified copies
The original of this Convention, of which the Arabic, Chinese, English, French,
Russian and Spanish texts are equally authentic, shall be deposited with the Director
General of the International Atomic Energy Agency who shall send certified copies to
States Parties and all other States.
IN WITNESS WHEREOF the undersigned, being duly authorized, have signed this
Convention, open for signature as provided for in paragraph 1 of article 14.
ADOPTED by the General Conference of the International Atomic Energy Agency
meeting in special session at Vienna on the twenty-sixth day of September one
thousand nine hundred and eighty-six.
*/ The date of entry into force will be announced in an Addendum to this document.


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