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Through Which The "convention On The Physical Protection Of Nuclear Material", Signed In Vienna And New York On 3 March 1980 Is Approved.

Original Language Title: Por medio de la cual se aprueba la "Convención sobre la protección física de los materiales nucleares", firmada en Viena y Nueva York el 3 de marzo de 1980.

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LAW 728 OF 2001

(December 27)

Official Journal No 44.662 of 30 December 2001

by means of which the "Convention on the Physical Protection of Nuclear Materials", signed in Vienna and New York on March 3, 1980, is approved.

Vigency Notes Summary

Effective Case-Law >

Constitutional Court

-Amendment of the Convention on the Physical Protection of Nuclear Materials, approved in Vienna, on July 8, 2005, " approved by Law 1572 of 2012 declared EXEQUAL by the Constitutional Court by Judgment C-692-13 of 25 September 2013, Magistrate Rapporteur Dr. Mauricio González Cuervo.

-Law and Convention approved by the Constitutional Court by the Constitutional Court by Judgment C-673-02 of 20 August 2002, Magistrate Rapporteur Dr. Jaime Araujo Renteria.

COLOMBIA CONGRESS

Having regard to the text of the Convention on the Physical Protection of Nuclear Materials, signed in Vienna and New York on 3 March 1980.

(To be transcribed: photocopy of the full text of the international instrument mentioned.

" CONVENTION ON PHYSICAL PROTECTION

OF NUCLEAR MATERIALS AND NUCLEAR FACILITIES

Amendment of the Convention on the Physical Protection of Nuclear Materials, adopted in Vienna, on 8 July 2005. " The new text is as follows: >

THE STATES PART IN THIS CONVENTION,

RECOGNISING the right of all States to develop and use nuclear energy for peaceful purposes and their legitimate interest in the potential benefits that may arise from the peaceful uses of nuclear energy,

CONVINCED of the need to facilitate international cooperation and transfer of nuclear technology to use nuclear energy for peaceful purposes,

CONSCIOUS that physical protection is vitally important for the protection of public health and safety, the environment and national and international security,

BEARING IN MIND the purposes and principles of the Charter of the United Nations concerning the maintenance of international peace and security and the promotion of good neighbourliness and friendly relations and cooperation between the States,

WHEREAS, pursuant to the provisions of paragraph 4 of Article 2o of the Charter of the United Nations, [l] Members [...], in their international relations, shall refrain from recourse to the threat or use of force against integrity territorial or political independence of any State, or in any other form incompatible with the Purposes of the United Nations, "

RECALLING the Declaration on Measures to Eliminate International Terrorism, set out in the Annex to Resolution 49/60 of the General Assembly of 9 December 1994,

DESIRING to conjure the dangers that could pose the illicit trafficking, appropriation and use of nuclear materials and the sabotage of nuclear materials and nuclear facilities, and noting that physical protection against such acts has become the object of greater national and international concern,

DEEPLY CONCERNED about the worldwide intensification of acts of terrorism in all its forms and manifestations, and the threats posed by international terrorism and organized crime,

WHEREAS physical protection plays an important role in supporting the objectives of nuclear non-proliferation and the fight against terrorism,

DESIRING to contribute to this Convention to strengthen the physical protection of nuclear materials and nuclear facilities that are used for peaceful purposes throughout the world,

CONVINCED that the crimes that may be committed in relation to nuclear materials and nuclear facilities are of grave concern, and that appropriate and effective measures need to be taken urgently, or strengthen the already to ensure the prevention, discovery and punishment of such crimes,

WISHING to further strengthen international cooperation to establish effective physical protection measures for nuclear materials and nuclear facilities, in accordance with the national legislation of each State Party and with the provisions of this Convention,

CONVINCED that this Convention should complement the safe use, storage and transport of nuclear materials and the safe operation of nuclear facilities,

RECOGNISING that there are recommendations on physical protection at the international level that are updated with some frequency and can provide guidance on contemporary media to achieve effective levels of physical protection,

ACKNOWLEDGING further that the effective physical protection of nuclear materials and nuclear facilities used for military purposes is the responsibility of the State that owns such nuclear facilities and nuclear materials, and in the understanding that these materials and facilities are and will continue to be subject to rigorous physical protection,

HAVE AGREED to the following:

Vigency Notes
Previous Legislation

ARTICLE 1o. For the purposes of this Convention:

(a) For "nuclear materials" means plutonium, except for the plutonium content of which exceeds 80% of the plutonium-238 isotope, uranium-233, uranium enriched in isotopes 235 or 233, uranium containing the mixture of isotopes present in its natural state, but not in the form of ore or mineral waste, and any material containing one or more of the above materials;

b) By "uranium enriched in isotopes 235 or 233" means uranium containing the isotopes 235 or 233, or both, in quantity such that the ratio of abundance between the sum of these isotopes and the isotope 238 is greater than the ratio between the isotope 235 and isotope 238 in the natural state;

(c) "International nuclear transport" means the conduct of a consignment of nuclear materials in any means of transport which is to leave the territory of the State in which the issue originates, from the time of the from the installation of the sender in that State to the time of arrival at the installation of the recipient in the final destination State.

d) Amendment of the Convention on the Physical Protection of Nuclear Materials, adopted in Vienna, on 8 July 2005. " The new text is as follows: > "Nuclear installation" means a facility (including buildings and equipment related to it) in which nuclear materials are produced, processed, used, manipulated or stored or where makes its final provision, if the damage or interference caused by that installation could result in significant quantities of radiation or radioactive material being emitted;

Vigency Notes

e) Amendment of the Convention on the Physical Protection of Nuclear Materials, adopted in Vienna, on 8 July 2005. " The new text is as follows: > By "sabotage" means any deliberate act committed to the detriment of a nuclear installation or of nuclear materials object of use, storage or transport, which may directly or indirectly lead to a danger for the health and safety of staff, the public or the environment by exposure to radiation or the emission of radioactive substances.

Vigency Notes
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ARTICLE 1A. Amendment of the Convention on the Physical Protection of Nuclear Materials, approved in Vienna, on July 8, 2005. " The new text is as follows: >

The objectives of this Convention are to achieve and maintain throughout the world an effective physical protection of nuclear materials and nuclear facilities used for peaceful purposes; to prevent and combat all over the world; crimes related to such materials and facilities; and facilitate cooperation between States Parties to such effects.

Vigency Notes
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ARTICLE 2o. Amendment of the Convention on the Physical Protection of Nuclear Materials, approved in Vienna, on July 8, 2005. " The new text is as follows: >

1. This Convention shall apply to nuclear materials used for peaceful purposes where they are the object of use, storage and transport and of nuclear facilities used for peaceful purposes, with the exception, however, that the Provisions of Articles 3 and 4 and Article 5 (4) of this Convention shall apply only to such nuclear materials as long as they are the subject of international nuclear transport.

2. The establishment, implementation and maintenance of a physical protection regime in the territory of a State Party is the sole responsibility of that State.

3. Apart from the commitments that the States Parties have explicitly assumed under this Convention, no provision of this Convention may be interpreted in such a way as to affect the sovereign rights of a State.

4. (a) Nothing in this Convention shall prejudice the other rights, obligations and responsibilities of States Parties as stipulated in international law, in particular the purposes and principles of the Charter of the United Nations and international humanitarian law.

(b) The activities of the armed forces during an armed conflict, as defined in these terms in international humanitarian law, governed by this right, shall not be governed by this Convention, and the activities of the armed forces shall not be governed by this Convention. made by the military forces of a State in the performance of its official functions, insofar as they are governed by other rules of international law, shall not be governed by this Convention.

(c) Nothing in this Convention shall be construed as a legal authorization for the use or threat of the use of force to the detriment of nuclear materials or nuclear facilities used for peaceful purposes.

(d) Nothing in the present Convention approves or otherwise legitimizes unlawful acts, nor does it prevent judicial prosecution under other laws.

5. This Convention shall not apply to nuclear materials used or retained for military purposes or to a nuclear installation containing such materials.

Vigency Notes
Previous Legislation
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ARTICLE 2 A. Amendment of the Convention on the Physical Protection of Nuclear Materials, approved in Vienna, on July 8, 2005. The new text is as follows: > Each State Party shall establish, implement and maintain an appropriate regime for the physical protection of nuclear materials and nuclear facilities under its jurisdiction, in order to:

(a) provide protection against theft or other illicit appropriation of nuclear materials during their use, storage and transportation;

(b) ensure the application of rapid and comprehensive measures to locate and, as appropriate, recover lost or stolen nuclear material; where the material is outside its territory, the State Party shall act in accordance with the Article 5;

c) protect nuclear materials and nuclear facilities against sabotage; and

d) mitigate or minimize the radiological consequences of sabotage.

2. When applying paragraph 1, each State Party shall:

(a) establish and maintain a legislative and regulatory framework governing physical protection;

(b) establish or designate a competent authority or authorities responsible for the implementation of the legislative and regulatory framework; and

(c) shall take the other appropriate measures necessary for the physical protection of nuclear materials and nuclear facilities.

3. In fulfilling the obligations laid down in paragraphs 1 and 2, each State Party, without prejudice to other provisions of this Convention, shall apply to the extent that the following Principles are reasonable and possible. Fundamental to the physical protection of nuclear materials and nuclear facilities.

FUNDAMENTAL PRINCIPLE TO: State

The establishment, implementation and maintenance of a physical protection regime in the territory of a State is the sole responsibility of that State.

FUNDAMENTAL PRINCIPLE B: Responsibilities during international transport

The responsibility of a State to ensure that nuclear materials are adequately protected covers the international transport of such materials, until such responsibility is properly transferred to another State, as appropriate.

FUNDAMENTAL PRINCIPLE C: Legislative and Regulatory

The State has the responsibility to establish and maintain a legislative and regulatory framework that regulates physical protection. Such a framework should provide for the establishment of applicable physical protection requirements and include an assessment and licensing system, or other procedures for granting authorisation. This framework should include a system of inspection of nuclear facilities and transport to verify compliance with the applicable requirements and conditions of the license or other authorization document, and to create the means to enforce compliance. the applicable requirements and conditions, including effective penalties.

FUNDAMENTAL PRINCIPLE D: Competent Authority

The State must establish or designate a competent authority responsible for the implementation of the legislative and regulatory framework, endowed with adequate authority, competence and human and financial resources to fulfil its responsibilities. have been assigned. The State should take measures to ensure effective independence between the functions of the competent authority of the State and those of any other entity in charge of the promotion or use of nuclear energy.

FUNDAMENTAL PRINCIPLE E: License holder

The responsibilities for the application of the different elements of physical protection in a State should be clearly determined. The State must ensure that the primary responsibility for the application of the physical protection of nuclear materials, or of nuclear installations, radiolabelled in the holders of the respective licenses or other authorization documents (for example, in the exploiters or senders).

FUNDAMENTAL PRINCIPLE F: Security

All organisations involved in the application of physical protection should give due priority to the safety culture, to their development and to the maintenance necessary to ensure their effective implementation throughout the EU. organisation.

FUNDAMENTAL PRINCIPLE G: Threat

The physical protection applied in the State must be based on the most recent assessment of the threat that the State has made.

FUNDAMENTAL PRINCIPLE H: Distinct

The requirements for physical protection should be based on a differentiated approach, taking into account the current assessment of the threat, the relative incentive of the materials, the nature of the materials and the possible consequences. related to the unauthorized withdrawal of nuclear materials and the sabotage of nuclear materials or nuclear facilities.

FUNDAMENTAL PRINCIPLE I: Defense in depth

State requirements for physical protection must reflect a concept of multiple barriers and methods of protection (structural or technical, human or organizational) that the adversary must overcome or avoid in order to achieve its objectives.

FUNDAMENTAL PRINCIPLE J: Quality

A quality assurance policy and programs should be established and implemented with a view to creating confidence that the specific requirements for all activities of importance for physical protection are met.

FUNDAMENTAL PRINCIPLE K: Contingency Plans

All licence holders and interested authorities should develop and implement, as appropriate, contingency plans (emergency) to respond to the unauthorised withdrawal of nuclear materials or the sabotage of nuclear installations or nuclear material, or to attempts at these events.

FUNDAMENTAL PRINCIPLE L:

The State must establish requirements to protect the confidentiality of information whose unauthorized disclosure could compromise the physical protection of nuclear materials and nuclear facilities.

4. (a) The provisions of this Article shall not apply to nuclear materials which the State Party reasonably decides is not necessary to subject to the physical protection regime established in accordance with paragraph 1, taking into account its nature, quantity and relative incentive, and possible radiological and other consequences associated with any unauthorised act committed at its injury and the current assessment of the threat to them.

(b) Nuclear materials which are not subject to the provisions of this Article in accordance with paragraph (a) should be protected in accordance with prudent management practices.

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ARTICLE 3o. Each State Party shall take appropriate measures within the framework of its national law and in accordance with international law to ensure, to the greatest extent possible, that, during the international nuclear transport, nuclear material on its territory, or on board a ship or aircraft under its jurisdiction as long as that vessel or aircraft is engaged in transport to or from that State. Status, are protected at the levels described in Annex I.

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ARTICLE 4o.

1. States Parties shall not export or authorise the export of nuclear materials unless they have been assured that the levels of physical protection described in Annex 1 shall apply to such materials during nuclear transport.

2. States Parties shall not import or authorise the importation of nuclear materials from a state other than Party to this Convention unless they have been assured that the levels of physical protection described in Annex 1 are apply to such materials during international nuclear transport.

3. A State Party shall not permit transit through its territory by land or inland waterways, or through its airports or sea ports, of nuclear materials that are transported between States that are not a Party to this Agreement. Convention, unless the State Party has received security, as far as possible, that the levels of physical protection described in Annex I shall apply to those nuclear materials during international nuclear transport.

4. The States Parties shall apply within the framework of their national legislation the levels of physical protection described in Annex I to nuclear materials which are transported from one region to another in the same State through water or space. international air.

5. The State Party which is to be assured that the levels of physical protection described in Annex I shall apply to nuclear material in accordance with paragraphs 1 to 3 shall determine which Member States are to be granted territory. nuclear material shall be crossed by land or inland waterways, or at whose airports or seaports are expected to enter, and shall notify those States in advance.

6. The responsibility for obtaining the security referred to in paragraph 1 may be transferred, by mutual agreement, to the State Party involved in the transport as an importing State.

7. Nothing in this Article shall be construed as affecting the sovereignty and jurisdiction of a State over its territory, including its airspace and territorial sea.

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ARTICLE 5o. Amendment of the Convention on the Physical Protection of Nuclear Materials, approved in Vienna, on July 8, 2005. " The new text is as follows: > 1. Member States shall determine their point of contact with regard to matters falling within the scope of this Convention and shall communicate it to each other directly or through the International Atomic Energy Agency.

2. In the event of theft, theft or any other act of illicit appropriation of nuclear materials, or in the event of a credible threat to any of these acts, the States Parties, in accordance with their national law, shall provide cooperation and assistance in the the greatest possible extent to recover and protect these materials from any State that requests it. In particular:

(a) a State Party shall take appropriate measures to notify as soon as possible other States that it considers to be interested in any theft, theft or other act of illicit appropriation of nuclear material or credible threat of one of these acts, as well as to notify them, where appropriate, to the International Atomic Energy Agency and other competent international organisations;

(b) in doing so, as appropriate, the States Parties concerned shall exchange information with each other, with the International Atomic Energy Agency and other competent international organisations, with a view to protecting nuclear material threatened, to verify the integrity of the transport containers or to recover the nuclear materials that are the object of illicit appropriation and:

i) shall coordinate their efforts using the diplomatic route and other agreed conduits;

ii) assist, if requested;

(iii) shall ensure the return of the recovered nuclear material which has been stolen or missing as a result of the aforementioned acts.

The States Parties concerned will determine how to implement this cooperation.

3. In the event of a credible threat of sabotage, or in the event of effective sabotage, of nuclear materials or nuclear facilities, the States Parties, in accordance with their national law and with the relevant obligations under the law international, they will cooperate as much as possible as follows:

(a) if a State Party is aware of a credible threat of sabotage of nuclear material or of a nuclear facility in another State, it shall decide on the adoption of appropriate measures to notify that threat to that State. as soon as possible and, as appropriate, the International Atomic Energy Agency and other competent international organisations, with a view to preventing sabotage;

(b) in the event of sabotage of nuclear materials or of a nuclear installation in a State Party, and if it considers that other States are likely to be radiologically affected, without prejudice to their other obligations under the law The State Party shall take appropriate measures to notify the State or States likely to be radiologically affected as soon as possible and, as appropriate, to the International Atomic Energy Agency and other States. competent international organisations with a view to minimising or mitigating the consequences radiological of that act;

(c) if in the context of paragraphs (a) and (b) a State Party requests assistance, each State Party to which a request for assistance is directed shall decide and promptly notify the requesting State Party directly or through the International Atomic Energy Agency, if it is in a position to provide the assistance requested, as well as the scope and terms of assistance that could be provided;

d) coordination of the cooperation referred to in paragraphs (a), (b) and (c) shall be carried out through diplomatic channels and other appropriate channels. The States Parties concerned shall determine in a bilateral or multilateral manner how this cooperation can be implemented.

4. States Parties shall cooperate with each other and consult as appropriate, directly or through the International Atomic Energy Agency and other competent international organisations, with a view to obtaining advice on the design, maintenance and improvement of systems for the physical protection of nuclear materials which are the subject of international transport.

5. A State Party may cooperate and hold consultations, as appropriate, with other States Parties directly or through the International Atomic Energy Agency and other competent international organisations, with a view to obtaining their advice on the design, maintenance and improvement of its system of physical protection of nuclear materials for use, storage and transport in the national territory and nuclear facilities.

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ARTICLE 6o. Amendment of the Convention on the Physical Protection of Nuclear Materials, approved in Vienna, on July 8, 2005. " The new text is as follows: >

1. States Parties shall take appropriate measures that are compatible with their national legislation to protect the confidential nature of any information they receive with such a character from another State Party pursuant to the provisions of this Agreement. Convention or participation in an activity to be carried out to implement this Convention. If States Parties provide confidential information to international organisations or States which are not party to this Convention, measures shall be taken to ensure that the confidential nature of that information is protected. The State Party that has received confidential information from another State Party may provide this information to third parties only with the consent of that other State Party.

2. This Convention shall not require States Parties to provide any information that they are not permitted to communicate under national law or whose communication compromises the security of the State in question or the physical protection of the nuclear material or nuclear facilities.

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ARTICLE 7o.

1. The intentional commission of:

Amendment of the Convention on the Physical Protection of Nuclear Materials, adopted in Vienna, on 8 July 2005. " The new text is as follows: > (a) an act that consists of receiving, possessing, using, transferring, altering, evacuating or dispersing nuclear materials without legal authorization, if such act causes, or is likely to cause, death or serious injury to any person or substantial property or environmental damage;

b) theft or theft of nuclear materials;

(c) misuse of or obtaining nuclear material by means of fraud;

(d) an act that consists of transporting, sending or moving a State, or out of it, nuclear materials without legal authorization;

e) an act performed to the detriment of a nuclear installation, or an act causing interference in the operation of a nuclear installation, and in which the author deliberately causes, or knows that the act is likely to cause, death or serious injury a person or substantial property or environmental damage by exposure to radiation or the emission of radioactive substances, unless the act is carried out in accordance with the national legislation of the State Party in whose territory the located the nuclear installation;

(f) an act consisting of the levying of nuclear materials by threat or use of force or by any other form of intimidation;

g) a threat to:

i) use nuclear materials in order to cause death or serious injury to persons or substantial property or environmental damage, or to commit the crime described in (e), or

(ii) committing one of the offences described in paragraphs (b) and (e) in order to compel a natural or legal person, an international organisation or a State to do something or to refrain from doing so;

h) an attempt to commit any of the offences described in paragraphs (a) to (e);

i) an act that consists of participating in any of the crimes described in paragraphs (a) to (h);

(j) an act of any person who organizes or directs others to commit one of the offences described in paragraphs (a) to (h); and

(k) an act which contributes to the commission of any of the offences described in paragraphs (a) to (h) by a group of persons acting for a common purpose. Such an act will have to be deliberate and:

(i) to be carried out with the aim of promoting criminal activity or criminal purposes of the group, where such activity or purposes involve the commission of one of the offences described in paragraphs (a) to (g); or

(ii) to be carried out with knowledge of the intention of the group to commit one of the offences described in paragraphs (a) to (g) shall be considered as a crime punishable by each State Party under its national law.

2. Each State Party shall consider the offences described in this Article as punishable by the imposition of appropriate penalties that take into account the seriousness of its nature.

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ARTICLE 8o.

1. Each State Party shall take the necessary measures to establish its jurisdiction over the offences referred to in Article 7or. in the following cases:

(a) If the offence has been committed on the territory of that State or on board a vessel or aircraft registered in that State;

b) If the alleged offender is a national of that State.

2. Each State Party shall also take the necessary measures to establish its jurisdiction over such offences in cases where the alleged offender is on his territory and does not proceed with his extradition, with the Article 11, to any of the States referred to in paragraph 1.

3. This Convention does not preclude any criminal jurisdiction exercised in accordance with national law.

4. In addition to the States Parties referred to in paragraphs 1 and 2, a State Party which intervenes in international nuclear transport as an exporting State or an importing State of nuclear material, may establish its jurisdiction, in terms compatible with international law, on the offences listed in Article 7or.

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ARTICLE 9o. The State Party on whose territory the alleged offender is located, if he considers that the circumstances warrant, will take appropriate measures, including detention, according to his national legislation, to ensure its presence for processing or extradition purposes. Measures taken pursuant to this Article shall be notified without delay to States which have to establish jurisdiction under Article 8or, where appropriate, to all other States concerned.

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ARTICLE 10. The State Party on whose territory the alleged offender is located, if not required to be extradited, shall, without exception or unjustified delay, submit the case to its competent authorities. effects of the processing, in accordance with the procedures provided for in the legislation of that State.

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ARTICLE 11.

1. The offenses indicated in the article 7or. shall be considered to be included among the offences that result in extradition in any extradition treaty concluded between States Parties. States Parties undertake to include such crimes as extradition cases in any extradition treaty that they have in the future.

2. If a State Party that subordinates extradition to the existence of a treaty receives an extradition request from another State Party with which it has no extradition treaty, it may discretionally consider this convention as the basis of the The law is necessary for extradition concerning the crime. Extradition shall be subject to the other conditions required by the right of the requested State.

3. States Parties which do not subordinate extradition to the existence of a treaty shall recognise offences as an extradition case between them, subject to the conditions required by the law of the requested State.

4. For the purposes of extradition between States Parties, each of the offences shall be deemed to have been committed not only in the place where it occurred but also in the territory of the States Parties obliged to establish their jurisdiction according to Paragraph 1 of article 8or.

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ARTICLE 11 A. Amendment of the Convention on the Physical Protection of Nuclear Materials, approved in Vienna, on July 8, 2005. The new text is as follows: >

None of the offences set out in Article 7o shall be considered, for the purposes of extradition or mutual legal assistance, political crime or related crime, or a political offence, or an offence inspired by political motives. Accordingly, an application for extradition or mutual legal assistance based on such a crime cannot be refused only because it is related to a political offence or a crime associated with a political offence or a crime inspired by political reasons.

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ARTICLE 11 B. Amendment of the Convention on the Physical Protection of Nuclear Materials, approved in Vienna, on July 8, 2005. The new text is as follows: >

Nothing in this Convention shall be construed as an imposition of the obligation to extradite or to provide mutual legal assistance if the requested State Party has substantial grounds to consider that the extradition for the offences set out in Article 7o or of mutual legal assistance in respect of such offences has been formulated for the purposes of prosecuting or sanctioning a person on grounds relating to his or her race, religion, nationality, origin (i) the position of the European Parliament and the Committee of the European person for any of these reasons.

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ARTICLE 12. Any person with respect to which a procedure is substantiated in relation to any of the offenses provided for in Article 7or. enjoy the guarantees of fair treatment at all stages of the procedure.

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ARTICLE 13.

1. States Parties shall provide the greatest possible assistance as regards any criminal proceedings relating to the offences referred to in Article 7, including the provision of the necessary evidence for the the procedure in their possession. The law of the requested State shall apply in all cases.

2. The provisions of paragraph 1 shall not affect the obligations arising out of any other bilateral or multilateral treaty governing or may regulate, in whole or in part, the mutual assistance in criminal matters.

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ARTICLE 13 A. Amendment of the Convention on the Physical Protection of Nuclear Materials, approved in Vienna, on July 8, 2005. The new text is as follows: >

Nothing in this Convention shall affect the transfer of nuclear technology for peaceful purposes to be carried out to strengthen the physical protection of nuclear materials and nuclear facilities.

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ARTICLE 14.

1. Each State Party shall inform the depositary of the laws and regulations that apply to this Convention. The depositary shall periodically communicate such information to all States Parties.

2. The State Party in which the alleged offender is prosecuted shall, wherever possible, communicate the final result of the criminal action in the first place to the States directly concerned. That State Party shall also communicate the final result to the depositary, which shall inform all States accordingly.

3.  

Amendment of the Convention on the Physical Protection of Nuclear Materials, adopted in Vienna, on 8 July 2005. " The new text is as follows: > When a crime is related to nuclear materials object of use, storage or transport at national level, and both the alleged author and the nuclear materials remain in the territory of the State Party to which the offence was committed, or where a crime is related to a nuclear facility and the alleged perpetrator remains in the territory of the State Party in which the offence was committed, nothing in this Convention shall be interpret in the sense that that State Party shall be obliged to provide information on the criminal proceedings to which that offence has occurred.

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ARTICLE 15. The Annexes to this Convention are an integral part of this Convention.

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ARTICLE 16. Amendment of the Convention on the Physical Protection of Nuclear Materials, approved in Vienna, on July 8, 2005. " The new text is as follows: >

1. Five years after the entry into force of the Amendment adopted on 8 July 2005, the depositary shall convene a conference of the States Parties to examine the implementation of this Convention and to determine whether it is appropriate, as regards the the preamble, to the whole of the operative part and to the annexes, in the light of the situation which then prevails.

2. Thereafter, at intervals of not less than five years, a majority of the States Parties may be able to obtain new conferences for the same purpose by submitting a proposal to that effect to the depositary.

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ARTICLE 17.

1. In the event of a dispute between two or more States Parties to this Convention in respect of their interpretation or application, those States Parties shall hold consultations in order to settle the dispute by negotiation or by any other party. a peaceful means of resolving disputes that is acceptable to all parties to the dispute.

2. Any dispute of this nature which cannot be resolved in the manner prescribed in paragraph 1 shall, at the request of either party in such dispute, be submitted to arbitration or referred to the International Court of Justice for decide. If a dispute is submitted to arbitration and within a period of six months from the date of filing of the arbitration application the parties to the dispute do not agree to arrange for it, any of them may request the President of the International Court of Justice or the Secretary-General of the United Nations, who names one or more arbitrators. In the event that the parties to the dispute have addressed both parties, the request for arbitration addressed to the Secretary-General of the United Nations shall take precedence.

3. Any State Party may declare at the time of signature, ratification, acceptance or approval of this Convention or of its accession to it that it is not considered to be bound by any or all procedures for the solution of disputes as provided for in paragraph 2. Other States Parties shall not be bound by a dispute settlement procedure provided for in that paragraph with respect to a State Party which has made a reservation about such dispute. procedure.

4. A State Party which has made a reservation pursuant to paragraph 3 may withdraw it at any time by notifying the depositary.

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ARTICLE 18.

1. This Convention shall be open for signature by all States at the Headquarters of the International Atomic Energy Agency in Vienna and at the Headquarters of the United Nations in New York from 3 March 1980 until it enters into force.

2. This Convention is subject to the ratification, acceptance or approval of the signatory States.

3. After its entry into force, this Convention shall be open for the accession of all States.

4. (a) This Convention shall be open to the signature or accession of international organizations and regional organizations of an integrated or other character, provided that such organizations are constituted by sovereign States and have competence to negotiate, conclude and implement international agreements on the matters referred to in this Convention;

(b) In matters falling within its competence, such organizations shall, on their own behalf, exercise the rights and fulfil the obligations that the present Convention attributes to the States Parties;

(c) When they become a party to this Convention, such organizations shall communicate to the depositary a declaration indicating which Member States are their Member States and which Articles of this Convention are not applicable to the organization;

d) An organization of this kind shall have no separate voting rights and in addition to those corresponding to its Member States.

5. Instruments of ratification, acceptance, approval or accession shall be deposited with the depositary.

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ARTICLE 19.

1. This Convention shall enter into force on the 30th day from the date of deposit of the twentieth first instrument of ratification, acceptance or approval, held by the depositary.

2. For each of the States ratifying, accepting or approving this Convention or acceding to it after the date of deposit of the twenty-first instrument of ratification, acceptance or approval, this Convention shall enter into force. the 30th day from the date on which that State has deposited its instrument of ratification, acceptance, approval or accession.

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ARTICLE 20.

Without prejudice to the provisions of Article 16, a State Party may propose amendments to this Convention. The proposed amendments shall be submitted to the depositary, which shall immediately communicate them to all States Parties. If the majority of the States Party asks the depositary to convene a conference to examine the proposed amendments, the depositary shall invite all States Parties to attend such a conference, which shall commence no earlier than 30 days after the date on which the invitations have been issued. Any amendment that has been approved at the conference by a two-thirds majority of all States Parties shall immediately be communicated by the depositary to all States Parties.

2. The amendment shall enter into force for each State Party which deposits its instrument of ratification, acceptance or approval of the amendment, on the 30th day from the date on which two thirds of the States Parties have deposited their instruments. of ratification, acceptance or approval by the depositary. Thereafter, the amendment shall enter into force for any other State Party on the day when that State Party deposits its instrument of ratification, acceptance or approval of the amendment.

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ARTICLE 21.

1. A State Party may denounce this Convention by notifying the depositary in writing.

2. The denunciation shall take effect from the date on which the depositary has received the notification.

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ARTICLE 22. The depositary will promptly notify all States:

(a) Each signature of this Convention;

b) Each deposit of an instrument of ratification, acceptance, approval or accession;

c) Any reservation that has been formulated or withdrawn in accordance with article 17;

d) Any communication that an organization does in accordance with paragraph 4 (c) of article 18;

e) The entry into force of this Convention;

(f) the entry into force of any amendment to this Convention, and

g) Any denunciation that is made according to article 21.

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ARTICLE 23. The original of this Convention, whose Arabic, Chinese, Spanish, French, English, and Russian texts are equally authentic, shall be deposited with the Director General of the International Agency of Atomic energy, who will send certified copies to all States.

In faith of which the undersigned, duly authorized, have signed this Convention, which opens for signature in Vienna and New York on March 3, 1980.

ANNEX I

Physical protection levels to be applied during the international transport of nuclear materials according to the classification of Annex II

1. The levels of physical protection of nuclear material during storage on the occasion of international nuclear transport shall include the following measures:

(a) In the case of Category III materials, storage in an area whose access is controlled;

(b) In the case of Category II materials, storage in an area under constant surveillance by means of guard personnel or electronic devices and surrounded by a physical barrier with a limited number of entries properly controlled or in any area with an equivalent level of physical protection;

(c) In the case of Category I materials, storage in a protected zone as defined for Category II materials in the preceding paragraph, which may also be accessed only by persons whose probity is has determined, and is monitored by staff, to be kept in close communication with appropriate emergency intervention teams. The specified measures to be taken in this regard shall aim at the detection and prevention of any assault, unauthorised access or unauthorised removal of materials.

2. The levels of physical protection of nuclear material during international transport shall include the following measures:

(a) In the case of Category II and III materials, the transport shall take place under special precautions, including prior arrangements between the sender, the consignee and the carrier and previous arrangements between the natural persons or legal entities subject to the jurisdiction and regulations of the exporting and importing States, with specification of the time, place and procedures for the transfer of responsibility for transport;

(b) In the case of Category I materials, the transport shall take place under the special precautions referred to in the previous paragraph for the transport of materials of Categories II and III and, in addition, under the constant surveillance of escort personnel and in conditions which ensure close communication with appropriate emergency intervention equipment;

c) In the case of natural uranium which is not in the form of ore or mineral waste, the protection during the transport of quantities exceeding 500 kilograms of uranium shall include prior notification of the issue, with specification of the mode of transport, expected time of arrival and confirmation of receipt of the consignment.

ANNEX II

TABLE: CLASSIFICATION OF MATERIALS

NUCLEAR IN CATEGORIES

Category

Material Form I II IIIc/

1. Plutoniuma/ Not irradiatedb/ 2 kg or more Less than 2 kg but 500 g or less but

over 500 g more than 15 g

2. Uranium-235-Not irradiatedb/ -

Uranium with 5 kg or more Less than 5 kg 1 kg or less but

enrichment but more than 1 kg more than 15 g

20% or I knew-

rior on 235U-

Uranium with a-10 kg or more Less than 10 kg but

enrichment over 1 kg

10% as

minimum but in-

20% Fare on

235U-

Uranium with a--10 kg or more

enrichment

greater than the

Natural uranium

but less than

10% on 235U

3. Uranium-233 Not irradiatedb/ 2 kg or more Less than 2 kg but 500 g or less but

over 500 g more than 15 g

4. Fuel Depleted Uranium

irradiated or natural, thorium or com-

low-enri bustible-

quing (conteni-

lower fissile

at 10%)d/e/

a/All plutonium except that whose content in the plutonium-238 isotope exceeds 80%.

b/Amendment of the Convention on the Physical Protection of Nuclear Materials, adopted in Vienna, on 8 July 2005. " The new text is as follows: > Non-irradiated material in a reactor or material irradiated in a reactor but with a radiation intensity equal to or less than 1 gray/hour (100 rads/hour) 1 meter away, without any shielding.

c/The quantities of material that do not correspond to Category III and natural uranium shall be protected in accordance with prudent management practices.

d/Although this level of protection is recommended, it is left to the discretion of the States to assign a different category of physical protection prior to the assessment of the circumstances in each case.

e/Amendment of the Convention on the Physical Protection of Nuclear Materials, adopted in Vienna, on 8 July 2005. " The new text is as follows: > In the case of any other fuel which, by reason of its original content in fissile material, is classified in Category I or II before irradiation, the level of physical protection may be reduced in one category when the radiation intensity of that fuel exceeds 1 gray/hour (100 rads/hour) one meter apart without the shielding.

EXECUTIVE BRANCH OF PUBLIC POWER

REPUBLIC OF THE REPUBLIC

Santa Fe de Bogota, D. C., July 11, 2000.

Approved. Submit to the consideration of the honorable National Congress for the constitutional effects.

ANDRES PASTRANA ARANGO

The Foreign Minister,

GUILLERMO FERNANDEZ DE SOTO.

DECRETA:

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ARTICLE 1o. Approve the "Convention on the Physical Protection of Nuclear Materials", signed in Vienna and New York on March 3, 1980.

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ARTICLE 2o. In accordance with the provisions of Article 1o. of Law 7a. In 1944, the "Convention on the Physical Protection of Nuclear Materials", signed in Vienna and New York on March 3, 1980, which, by the first article of this law, is adopted, will force the country from the date on which the international link with respect to the same.

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ARTICLE 3o. This law governs from the date of its publication.

The President of the honorable Senate of the Republic,

CARLOS GARCIA ORJUELA.

The Secretary General of the honorable Senate of the Re public,

MANUEL ENRIQUEZ ROSERO.

The President of the honorable House of Representatives,

GUILLERMO GAVIRIA ZAPATA.

The Secretary General of the honorable House of Representatives,

ANGELINO LIZANO RIVERA.

REPUBLIC OF COLOMBIA-NATIONAL GOVERNMENT.

COMMUNICATE AND COMPLY.

Execute, upon revision of the Constitutional Court, in accordance with article 241-10 of the Political Constitution.

Dada en Bogotá, D. C., at December 27, 2001.

ANDRES PASTRANA ARANGO

The Foreign Minister,

Guillermo Fernandez de Soto.

The Minister of Justice and Law,

ROMULO GONZALEZ TRUJILLO.

The Minister of Mines and Energy,

LUISA FERNANDA LAFAURIE RIVERA.

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