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Paragraphs in "Convention On Assistance In The Case Of A Nuclear Accident Or Radiological Emergency" coded as SUBS

Label Provision
Art.1 Article 1
Art.1.1x 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.
Art.1.2x 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.
Art.1.3x 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.
Art.2 Article 2
Art.2.1x 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").
Art.2.2x 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.
Art.2.3x 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.
Art.2.4x 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.
Art.2.5x 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.
Art.2.6x 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:
Art.2.6x.a a. making available appropriate resources allocated for this purpose;
Art.2.6x.b b. transmitting promptly the request to other States and international organizations which, according to the Agency's information, may possess the necessary resources; and
Art.2.6x.c c. if so requested by the requesting State, co-ordinating the assistance at the international level which may thus become available.
Art.3 Article 3
Art.3.1x Unless otherwise agreed:
Art.3.1x.a 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;
Art.3.1x.b 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;
Art.3.1x.b.ix ownership of equipment and materials provided by either party during the periods of assistance shall be unaffected, and their return shall be ensured;
Art.3.1x.c c. a State Party providing assistance in response to a request under paragraph 5 of article 2 shall co-ordinate that assistance within its territory.
Art.4 Article 4
Art.4.1 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.
Art.4.2 2. Each State Party shall promptly inform the Agency of any changes that may occur in the information referred to in paragraph 1.
Art.4.3 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.
Art.5 Article 5
Art.5.1x The States Parties request the Agency, in accordance with paragraph 3 of article 1 and without prejudice to other provisions of this Convention, to:
Art.5.1x.a a. collect and disseminate to States Parties and Member States information concerning:
Art.5.1x.a.i i. experts, equipment and materials which could be made available in the event of nuclear accidents or radiological emergencies;
Art.5.1x.a.ii ii. methodologies, techniques and available results of research relating to response to nuclear accidents or radiological emergencies;
Art.5.1x.b b. assist a State Party or a Member State when requested in any of the following or other appropriate matters:
Art.5.1x.b.i i. preparing both emergency plans in the case of nuclear accidents and radiological emergencies and the appropriate legislation;
Art.5.1x.b.ii ii. developing appropriate training programmes for personnel to deal with nuclear accidents and radiological emergencies;
Art.5.1x.b.iii iii. transmitting requests for assistance and relevant information in the event of a nuclear accident or radiological emergency;
Art.5.1x.b.iv iv. developing appropriate radiation monitoring programmes, procedures and standards;
Art.5.1x.b.v v. conducting investigations into the feasibility of establishing appropriate radiation monitoring systems;
Art.5.1x.c 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;
Art.5.1x.d d. offer its good offices to the States Parties and Member States in the event of a nuclear accident or radiological emergency;
Art.5.1x.e 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.
Art.6 Article 6
Art.6.1 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.
Art.6.2 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.
Art.7 Article 7
Art.7.1 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:
Art.7.1.a a. the nature of the nuclear accident or radiological emergency;
Art.7.1.b b. the place of origin of the nuclear accident or radiological emergency;
Art.7.1.c c. the needs of developing countries;
Art.7.1.d d. the particular needs of countries without nuclear facilities; and
Art.7.1.e e. any other relevant factors.
Art.7.2 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.
Art.7.3 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.
Art.8 Article 8
Art.8.1 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.
Art.8.2 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:
Art.8.2.a 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
Art.8.2.b 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.
Art.8.3 3. The requesting State shall:
Art.8.3.a a. 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
Art.8.3.b b. provide immunity from seizure, attachment or requisition of such equipment and property.
Art.8.4 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.
Art.8.5 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.
Art.8.6 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.
Art.8.7 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.
Art.8.8 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.
Art.8.9 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.
Art.8.10x A State Party which has made a declaration in accordance with paragraph 9 may at any time withdraw it by notification to the depositary.
Art.9 Article 9
Art.9.1x 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.
Art.10 Article 10
Art.10.1 1. The States Parties shall closely cooperate in order to facilitate the settlement of legal proceedings and claims under this article.
Art.10.2 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:
Art.10.2.a a. not bring any legal proceedings against the assisting party or persons or other legal entities acting on its behalf;
Art.10.2.b 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;
Art.10.2.c 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
Art.10.2.d d. compensate the assisting party or persons or other legal entities acting on its behalf for:
Art.10.2.d.i i. death of or injury to personnel of the assisting party or persons acting on its behalf;
Art.10.2.d.ii ii. loss of or damage to non-consumable equipment or materials related to the assistance;
Art.10.2 except in cases of wilful misconduct by the individuals who caused the death, injury, loss or damage.
Art.10.3 3. This article shall not prevent compensation or indemnity available under any applicable international agreement or national law of any State.
Art.10.4 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.
Art.10.5 5. When signing, ratifying, accepting, approving or acceding to this Convention, a State may declare:
Art.10.5.a a. that it does not consider itself bound in whole or in part by paragraph 2;
Art.10.5.b b. 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.
Art.10.6 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.
Art.11 Article 11
Art.11.1x 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.