Decree No. 4021, Of 19 November 2001

Original Language Title: Decreto nº 4.021, de 19 de Novembro de 2001

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DECREE NO. 4,021, OF November 19, 2001

Promults the Convention on the Marking of Plastic Explosives for Detection Fins.

THE PRESIDENT OF THE REPUBLIC, in the use of the assignment that confers you the art. 84, inciso VIII, of the Constitution;

Whereas the National Congress has approved the text of the Convention on the Marking of Plastic Explosives for Detection Purposes through Legislative Decree No. 65, of November 4 of 1997;

Considering that the Convention enters into force, for Brazil, on December 3, 2001, pursuant to paragraph 4º, of its art. 13;

D E C R E T A:

Art. 1º The Convention on the Marking of Plastic Explosives for Detection Fins, aped by copy to the present Decree, will be performed and fulfilled as entirely as in it contains.

Art. 2º They are subject to the approval of the National Congress any acts that may result in revision of the aforementioned Convention, as well as any further adjustments that, pursuant to art. 49, inciso I, of the Constitution, carries gravy charges or commitments to the national heritage.

Art. 3º This Decree takes effect on the date of its publication.

Brasilia, November 19, 2001; 180º of the Independence and 113º of the Republic.

Fernando Henrique Cardoso

Celso Lafer

CONVENTION ON THE MARKING OF PLASTIC EXPLOSIVES FOR THE PURPOSES OF DETECTION

The States Parties to the present Convention,

Consent of the implications of acts of terrorism in the area of international security;

Expressing deep concern with terrorist acts intended for the destruction of aircraft and other means of transportation, in addition to other objectives;

Concern for the fact that plastic explosives were used in such terrorist acts;

Whereas the marking of such explosives for detection purposes would contribute in a significant way to preventing such illicit acts;

Recognizing that for the prevention of such illicit acts is urgently necessary to create an international instrument that will oblige States to adopt appropriate measures to ensure the marking of plastic explosives;

Considering the United Nations Security Council Resolution 635, of June 14, 1989, and United Nations General Assembly Resolution 44/29, of December 4, 1989, which urge the International Civil Aviation Organization to step up its activities with views to establish an international regime of marking of plastic explosives or in blade for detection purposes;

In view of the Resolution A 27-8 adopted unanimously by the 27ª Session of the International Civil Aviation Organization Assembly to which it approved, as absolute priority, the preparation of a new international instrument concerning the marking of plastic or blade explosives for the purpose of detection;

Observing with satisfaction the role played by the Council of the Organization of International Civil Aviation during the drafting of the Convention, as well as its desire to assume duties concerning the application of this Convention;

Convened the following:

Article I

For the purposes of this Convention:

1.?Explosives? means the explosive products commonly known as? plastic explosives?, inclusive of the explosives in flexible or elastic blade form, described in the Technical Annex of this Convention.

2.?Agent of detection? means the substance described in the Technical Annex of this Convention, to which it is introduced in an explosive to make it detectable.

3.?Tag? means the introduction into the explosive of a detection agent under the Technical Attachment of this Convention.

4.?Manufacturing? means the whole process, including the reprocessing, which results in explosives.

5.?Duly authorized military artefacts? includes, without this list being exhaustive, cartridges, pumps, projectiles, mines, missiles, rockets, cases, grenades and perforators manufactured exclusively for military or police purposes under the laws and regulations of the State-Party.

6.?State producer? means any state on whose territory explosives are manufactured.

Article II

Each State-Party shall adopt the necessary measures and effective to prohibit and prevent manufacturing on its territory of explosives without markup.

Article III

1. Each State-Party shall adopt the necessary and effective measures to prohibit and prevent the entry or exit of its territory from explosives without markup.

2. The preceding paragraph shall not apply to displacement, for purposes which are not inconsistent with the objectives of this Convention, by the authorities of a State-Party performing military or police functions of explosives without marking, under the control of that State-Part second to paragraph 1 of Article IV.

Article IV

1. Each State-Party shall adopt the necessary measures to exercise strict and effective control over the possession and transfer of possession of the explosives without markings that have been manufactured or introduced into their territory prior to the entry into force of this Convention with respect to such a State, to prevent its apoderment or its use for purposes incompatible with the purposes of this Convention.

2. Each State-Party shall adopt the necessary measures to ensure that all stockpiles of the explosives referred to in paragraph 1 of this Article that are not in power of their authorities in the exercise of military or police functions are destroyed or used for purposes that are not inconsistent with the purposes of this Convention, marked or permanently rendered inert within a period of fifteen years from the date of entry into force of this Convention with respect to such State.

3. Each State-Party shall adopt the necessary measures so that all stockpiles of the explosives referred to in paragraph 1 of this Article that are in power of their authorities in the exercise of military or police functions and which are not an integral part of of the duly authorized military artefacts are destroyed or used for purposes that are not incompatible with the objectives of this Convention, marked or permanently rendered inert, within a period of fifteen years counted from the date of entry into force of this Convention with respect to such a State.

4. Each State-Party shall adopt the necessary measures to destroy, in the brevity possible, in its territory, the unmarked explosives that are uncovered and which have not been mentioned in the preceding paragraphs of this Article, save the stocks of explosives without marking in power of their authorities in the exercise of military or police functions which are an integral part of the military artefacts duly authorized on the date of entry into force of this Convention with regard to such State.

5. Each State-Party shall adopt the necessary measures to exercise strict and effective control over the possession and transfer of possession of the explosives mentioned in paragraph 2 of Part 1 of Part 1 of the Technical Annex to this Convention to prevent its apoderment or its use for purposes incompatible with the objectives of this Convention.

6. Each State-Party shall adopt the necessary measures to destroy, in the brevity possible, in its territory, explosives without markings manufactured after the entry into force of this Convention with regard to such a State which are not incorporated second specified in the item? d? of paragraph 2 of Part 1 of the Technical Annex to this Convention and the explosives without marking that are not included in another item in paragraph 2 mentioned.

Article V

1. Is the present Convention created by the International Technical Commission on Explosives (hereafter referred to as?Commission?) formed by a minimum of fifteen and at most nineteen members appointed by the Council of the International Civil Aviation Organization (hereafter referred to as?Council?) among the candidates proposed by the States Parties to this Convention.

2. The members of the Commission will be experts who have direct and solid experience in matters concerning the manufacture or detection of explosives, or the research on explosives.

3. The members of the Commission shall provide services for a period of 3 years and be able to be the subject of further appointment.

4. The sessions of the Commission shall be convened at least once a year at the headquarters of the International Civil Aviation Organization or in places and dates to be determined or approved by the Council.

5. The Commission shall adopt its internal regulation, subject to the approval of the Council.

Article VI

1. The Commission shall evaluate the technical developments concerning the fabrication, marking and detection of explosives.

2. The Commission shall, by means of the Council, communicate its findings to the States Parties and to the interested international bodies.

3. Where necessary, the Commission shall make recommendations to the Council for the amendment of the Technical Annex to this Convention. The Commission will try to adopt by consensus its decisions on such recommendations. In the absence of consensus, the Commission will adopt such decisions by a two-thirds majority of its members.

4. The Council may, on the recommendation of the Commission, propose to the States Parties amendments to the Technical Attachment of this Convention.

Article VII

1. Every State-Party may bring to the notice of the Council its comments, within a period of ninety days counted from the date of notification of a proposal for amendment of the Technical Annex to this Convention. The Council shall communicate these comments to the Commission in the brevity possible so that such an organ shall examine them. The Council shall invite any State-Party comprised or opposing the proposed amendment to consult the Commission.

2. The Commission shall examine the opinions of the States-Parties-formulated in the preceding paragraph and shall report them to the Council. The Council, after examining the report of the Commission, and with a view to the nature of the amendment and the comments of the States Parties, including from the producing States, may propose the amendment to all States Parties for their adoption.

3. If the proposed amendment is not refused by five or more States-Parties upon a written notification to the Council, within ninety days of the date of notification of the amendment by the Council, this will be adopted and shall enter into force after 180 days or after any other period fixed in the proposed amendment to the States Parties which have not made express objection.

4. States-Parties that have submitted an objection in an express manner to the proposed amendment may thereafter, by filing an Instrument of acceptance or approval, express consent to accept the provisions of the amendment.

5. If five or more States Parties have submitted objection to the proposed amendment, the Council shall refer it to the Commission for subsequent examination.

6. If the proposed amendment has not been adopted under paragraph 3 of this Article, the Council will also be able to convene a conference of all States-Parties.

Article VIII

1. The States Parties shall transmit, as far as possible, to the Council, information that will help the Commission to perform its duties under paragraph 1 of Article VI.

2. The States Parties shall keep informed the Council as to the measures they have adopted to enforce the provisions of this Convention. The Council shall communicate such information to all States Parties and to interested international bodies.

Article IX

The Council, in cooperation with relevant States-Parties and international bodies, will adopt the appropriate measures to facilitate the implementation of this Convention, including the provision of technical assistance and the measures for the exchange of information related to technical advancements in terms of marking and detection of explosives.

Article X

Technical Annex to this Convention will constitute an integral part of the same.

Article XI

1. Disagreements that may arise between two or States Parties with regard to the interpretation or application of this Convention and which cannot be resolved by means of negotiations shall be subject to arbitration at the request of one of those States. If, within a period of six months counted from the date of submission of the request for arbitration, the Parties do not agree on the manner of the same, any of the Parties may submit the divergence to the International Court of Justice, upon a request presented under the Statute of the Court.

2. Any State-Party, in the signature, ratification, acceptance or approval of this Convention or in the act of accession to it, may declare that it does not consider itself to be obliged to the preceding paragraph. The remaining States Parties shall not be obliged to the preceding paragraph with respect to any State-Party that has formulated such a reservation.

3. Every State-Party that has formulated the reservation provided for in the preceding paragraph may withdraw it at any time by notification to the Depositary.

Article XII

Unless the provisions of Article XI, this Convention will not be able to be the object of reservations.

Article XIII

1. This Convention will be open for signature in Montreal on March 1, 1991, to the participating States of the International Air Law Conference held in Montreal from February 12 to March 1, 1991. After March 1, 1991, the Convention will be open to the signing of all States in the Sede of the International Civil Aviation Organization in Montreal until its entry into force under paragraph 3 of this Article. States that do not sign the present Convention will be able to join it at any time.

2. This Convention shall be subject to ratification, acceptance, approval or accession of the States. Instruments of ratification, acceptance, approval or accession shall be deposited in the International Civil Aviation Organization, to which by the present one designates Depositary. When depositing its instrument of ratification, acceptance, approval or accession, each state shall declare whether or not it is a producer State.

3. This Convention shall enter into force on the sixtieth day counted from the date of deposit of the thirtieth fifth instrument of ratification, acceptance, approval or accession with the Depositary, provided that at least five among such States declare, second paragraph 2 of this Article, which are producer states. If 35 instruments are deposited before five producing States deposit their instruments, this Convention shall enter into force on the sixtieth day counted from the date of deposit of the instrument of ratification, acceptance, approval or accession of the fifth State producer.

4. For the remaining States, the present Convention shall enter into force sixty days after the date of deposit of its instruments of ratification, acceptance, approval or accession.

5. As soon as this Convention enters into force, the Depositary shall record it under Article 102 of the Charter of the United Nations and under Article 83 of the Convention on International Civil Aviation (Chicago, 1944).

Article XIV

The Depositary should notify immediately to all signatories and States Parties:

1. Each signature of the Convention and the corresponding date;

2. Each deposit of an instrument of ratification, acceptance, approval or accession and the corresponding date, expressly indicating whether the State has declared itself to be a producer State;

3. The date of entry into force of this Convention;

4. The date of entry into force of any amendment to this Convention or to its Technical Attachment;

5. Any denunciation effected on the basis of Article XV, and

6. Any statement effected on the basis of paragraph 2 of Article XI.

Article XV

1. Any State-Party may denounce this Convention upon written notification addressed to the Depositary.

2. The complaint will take effect 180 days after the date on which the Depositary receives the notification.

In testimony to what, the undersigned Plenipotentiaries, duly authorized by the respective Governments, sign the gift Convention.

Made in Montreal, in the first of March one thousand nine hundred and ninety and one, in an original exemplar, and five authentic texts, in the French, English, Spanish, Russian and Arabic languages.

Technical Attachment

Part I

Description of Explosives

I. The explosives mentioned in paragraph 1 of Article I of this Convention are:

a) those containing in its formula one or more high-power explosives, the ones in its pure formula have a vapor pressure of less than 10-4 Pa in a temperature of 25 °C;

b) those that contain in their formula a plasticizer; and

c) those that, once mixed, are malleable or flexible in normal ambient temperature.

II. The following explosives, even responding to the description of the explosives contained in paragraph I of this Part, will not be considered explosives as long as they are used for the purposes specified below, or while remaining incorporated as specified below, that is, explosives that:

a) are manufactured or that exist in limited quantities solely for use, with due authorization, in research, development or testing of new explosives or modified;

b) are manufactured or that exist in limited quantities solely for use, with due authorization, in the detection of explosives detection and / or in the development or testing of detection equipment of explosives;

c) are manufactured or that exist in limited quantities solely for use, with the proper authorization, for the purposes of the ancillary sciences of the administration of justice; or

d) are intended to the incorporation, and which incorporate, as an integral part of the duly authorized military artifacts in the territory of the producing State in the three subsequent years to the entry into force of this Convention with regard to such a State. The artifacts produced in this period of three years will be considered duly authorized military artifacts under paragraph 4 of Article IV of this Convention.

III. In this Part:

the expression? with the proper authorization? used in items (a), (b) and (c) of paragraph II means permitted (s) under the laws and regulations of the State-Party in question; and

the expression? explosives of great power? includes but is not limited to the cyclotetramethylstepine (HMX), the pentaeritritol tetranitrate (PETN) and the cyclotrimethylentrinitramine (RDX).

Part II

Detection agents

Understand by agent of detection any of the substances present in the table below. The detection agents described in this table are intended to improve the detectability of explosives by means of the detection of vapours. In each case, the detection agent will be introduced in the explosive so that it is homogeneously distributed in the finished product. The minimum concentration of the detection agent in the finished product will, at the time of manufacture, be that indicated in the table.

Table

Name of the detection agent

Formula Molecular

Weight Molecular

Concentration

Minima

Glycated ethylene dynamitrate (EGDN)

C?H? (NO?)?

152

0,2% by mass

2.3 Dimethyl? 2.3 Dinitrobutanio (DMNB)

C?H12 (NO?)?

176

0,1% by mass

To-Mononitrotoluenio

(pMNT)

C?H?NO?

137

0.5% per mass

Orto-Mononitroluene (the MNT)

C?H?NO?

137

0.5% per mass

Any explosive that, as a result of its normal formula, includes any detection agents at the minimum level of concentration requested or above this will be apt to the markup.


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