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Art.3 |
Article 3 |
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Art.3.1x |
Each State Party shall take appropriate steps within the framework of its national law and consistent with international law to ensure as far as practicable that, during international nuclear transport, nuclear material within its territory, or on board a ship or aircraft under its jurisdiction insofar as such ship or aircraft is engaged in the transport to or from that State, is protected at the levels described in Annex I. |
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Art.4 |
Article 4 |
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Art.4.1 |
1. Each State Party shall not export or authorize the export of nuclear material unless the State Party has received assurances that such material will be protected during the international nuclear transport at the levels described in Annex I. |
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Art.4.2 |
2. Each State Party shall not import or authorize the import of nuclear material from a State not party to this Convention unless the State Party has received assurances that such material will during the international nuclear transport be protected at the levels described in Annex I. |
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Art.4.3 |
3. A State Party shall not allow the transit of its territory by land or internal waterways or through its airports or seaports of nuclear material between States that are not parties to this Convention unless the State Party has received assurances as far as practicable that this nuclear material will be protected during international nuclear transport at the levels described in Annex I. |
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Art.4.4 |
4. Each State Party shall apply within the framework of its national law the levels of physical protection described in Annex I to nuclear material being transported from a part of that State to another part of the same State through international waters or airspace. |
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Art.4.5 |
5. The State Party responsible for receiving assurances that the nuclear material will be protected at the levels described in Annex I according to paragraphs 1 to 3 shall identify and inform in advance States which the nuclear material is expected to transit by land or internal waterways, or whose airports or seaports it is expected to enter. |
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Art.4.6 |
6. The responsibility for obtaining assurances referred to in paragraph 1 may be transferred, by mutual agreement, to the State Party involved in the transport as the importing State. |
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Art.4.7 |
7. Nothing in this article shall be interpreted as in any way affecting the territorial sovereignty and jurisdiction of a State, including that over its airspace and territorial sea. |
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Art.5 |
Article 5 |
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Art.5.1 |
1. States Parties shall identify and make known to each other directly or through the International Atomic Energy Agency their central authority and point of contact having responsibility for physical protection of nuclear material and for co-ordinating recovery and response operations in the event of any unauthorized removal, use or alteration of nuclear material or in the event of credible threat thereof. |
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Art.5.2 |
2. In the case of theft, robbery or any other unlawful taking of nuclear material or of credible threat thereof, States Parties shall, in accordance with their national law, provide co-operation and assistance to the maximum feasible extent in the recovery and protection of such material to any State that so requests. In particular: |
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Art.5.2.a |
a. a State Party shall take appropriate steps to inform as soon as possible other States, which appear to it to be concerned, of any theft, robbery or other unlawful taking of nuclear material or credible threat thereof and to inform, where appropriate, international organizations; |
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Art.5.2.b |
b. as appropriate, the States Parties concerned shall exchange information with each other or international organizations with a view to protecting threatened nuclear material, verifying the integrity of the shipping container, or recovering unlawfully taken nuclear material and shall: |
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Art.5.2.b.i |
i. co-ordinate their efforts through diplomatic and other agreed channels; |
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Art.5.2.b.ii |
ii. render assistance; if requested; |
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Art.5.2.b.iii |
iii. ensure the return of nuclear material stolen or missing as a consequence of the above-mentioned events. |
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Art.5.2.b.ivx |
The means of implementation of this co-operation shall be determined by the States Parties concerned. |
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Art.5.3 |
3. States Parties shall co-operate and consult as appropriate, with each other directly or through international organizations, with a view to obtaining guidance on the design, maintenance and improvement of systems of physical protection of nuclear material in international transport. |
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Art.6 |
Article 6 |
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Art.6.1 |
1. States Parties shall take appropriate measures consistent with their national law to protect the confidentiality of any information which they receive in confidence by virtue of the provisions of this Convention form another State Party or through participation in an activity carried out for the implementation of this Convention. If States Parties provide information to international organizations in confidence, steps shall be taken to ensure that the confidentiality of such information is protected. |
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Art.6.2 |
2. States Parties shall not be required by this Convention to provide any information which they are not permitted to communicate pursuant to national law or which would jeopardize the security of the State concerned or the physical protection of nuclear material. |
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Art.7 |
Article 7 |
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Art.7.1 |
1. The intentional commission of: |
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Art.7.1.a |
a. an act without lawful authority which constitutes the receipt, possession, use, transfer, alteration, disposal or dispersal of nuclear material and which causes or is likely to cause death or serious injury to any person or substantial damage to property; |
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Art.7.1.b |
b. a theft of robbery of nuclear material; |
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Art.7.1.c |
c. an embezzlement or fraudulent obtaining of nuclear material; |
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Art.7.1.d |
d. an act constituting a demand for nuclear material by threat or use of force or by any other form of intimidation; |
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Art.7.1.e |
e. a threat: |
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Art.7.1.e.i |
i. to use nuclear material to cause death or serious injury to any person or substantial property damage, or |
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Art.7.1.e.ii |
ii. to commit an offence described in sub-paragraph (b) in order to compel a natural or legal person, international organization or State to do or to refrain from doing any act; |
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Art.7.1.f |
f. an attempt to commit any offence described in paragraphs (a), (b) or (c); and |
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Art.7.1.g |
g. an act which constitutes participation in any offence described in paragraphs (a) to (f) shall be made a punishable offence by each State Party under its national law. |
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Art.7.2 |
2. Each State Party shall make the offences described in this article punishable by appropriate penalties which take into account their grave nature. |
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Art.14 |
Article 14 |
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Art.14.1 |
1. Each State Party shall inform the depositary of its laws and regulations which give effect to this Convention. The depositary shall communicate such information periodically to all States Parties. |
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Art.14.2 |
2. The State Party where an alleged offender is prosecuted shall, wherever practicable, first communicate the final outcome of the proceedings to the States directly concerned. The State Party shall also communicate the final outcome to the depositary who shall inform all States. |
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Art.14.3 |
3. Where an offence involves nuclear material used for peaceful purposes in domestic use, storage or transport, and both the alleged offender and the nuclear material remain in the territory of the State Party in which the offence was committed, nothing in this Convention shall be interpreted as requiring that State Party to provide information concerning criminal proceedings arising out of such an offence. |
