Through Which The Amendment To The Convention On The Physical Protection Of Nuclear Material, Adopted In Vienna Is Approved, The July 8, 2005

Original Language Title: Por medio de la cual se aprueba la Enmienda de la Convención sobre la Protección Física de los Materiales Nucleares, aprobada en Viena, el 8 de julio de 2005

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1572 ACT OF 2012
(August 2)
Official Gazette No. 48.510 of 2 August 2012 CONGRESS OF THE REPUBLIC

Through which the Amendment to the Convention on the Protection approved physics of Nuclear Material, adopted in Vienna on 8 July 2005. Effective Jurisprudence



THE CONGRESS OF THE REPUBLIC Having the text of the "Amendment to the Convention on the Physical Protection of Nuclear Material", adopted in Vienna on 8 July 2005.
(To be transcribed: photocopy of the text is attached in Castilian of Amendment certified by the Director of the Office of Legal Affairs of the International Atomic Energy Agency, which consists of six (12) pages, document rests in the archives of the Department of International Legal Affairs Ministry of Foreign Affairs).
Amendment to the Convention on the Physical Protection of Nuclear
1 items. The title of the Convention on the Physical Protection of Nuclear Material adopted on 26 October 1979 (hereinafter called "the Convention") is replaced by the following:
CONVENTION ON THE PHYSICAL PROTECTION OF NUCLEAR MATERIALS AND
NUCLEAR FACILITIES 2. The Preamble to the Convention is replaced by the following:
STATES PARTIES TO THIS CONVENTION,
RECOGNIZING the right of all States to develop and use nuclear energy for peaceful purposes and their legitimate interest in the benefits potential that can be derived 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 of vital importance for the protection of health and public 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 promotion of good neighborly and friendly relations and cooperation among States,
WHEREAS, pursuant to paragraph 4 of Article 2 of the United Nations Charter, "[t] he Members [. ..], in their international relations, they refrain from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the United Nations "| || RECALLING the Declaration on measures to eliminate international terrorism, contained in the annex to Resolution 49/60 of the General Assembly on December 9, 1994,
DESIRING to avert the potential dangers posed trafficking, misappropriation and illicit use of nuclear material and the sabotage of nuclear material and nuclear facilities, and noting that physical protection against such acts has become the subject of increased national and international concern, DEEPLY cONCERNED by
intensified throughout the world of acts of terrorism in all its forms and manifestations, and by the threats posed by international terrorism and organized crime,
BELIEVING that physical protection plays an important role in supporting the objectives of nuclear non-proliferation and fighting terrorism, WISHING
this Convention contribute to strengthening worldwide the physical protection of nuclear material and nuclear facilities used for peaceful purposes,
CONVINCED that offenses may be committed in relation to nuclear material and nuclear facilities are a matter of grave concern and that it is necessary to urgently take appropriate and effective measures or strengthen existing ones, to ensure the prevention, detection and punishment of such crimes,
DESIRING to strengthen further international cooperation to establish effective measures for the physical protection of nuclear material and nuclear facilities, in accordance with national legislation of each State Party and the provisions of this Convention,
CONVINCED that this Convention it should complement the safe use, storage and safe transport of nuclear material and the safe operation of nuclear facilities,
RECOGNIZING that there are physical protection recommendations made at the international level that are updated frequently and that can provide guidance on contemporary means of achieving effective levels of physical protection,

RECOGNIZING also that effective physical protection of nuclear material and nuclear facilities used for military purposes is a responsibility of the State possessing such nuclear material and nuclear facilities, and understanding that such material and facilities are and will remain subject stringent physical protection,
HAVE AGREED as follows:
three. Article 1 of the Convention, after paragraph c), the following two new paragraphs are added:
d) "nuclear facility" means a facility (including buildings and related equipment) in which are produced, processed, used, handled or stored nuclear material or its final disposition is made, if damage to or interference with such facility could lead to the release of significant amounts of radiation or radioactive material;
E) "sabotage" means any deliberate act directed against a nuclear facility or nuclear material in domestic use, storage or transport which could directly or indirectly endanger the health and safety of personnel, the public or the environment by exposure to radiation or release of radioactive substances.
4.

Article 1 A. The objectives of this Convention are to achieve and maintain worldwide effective physical protection: After Article 1 of the Convention, a new Article 1A, which reads as follows is added of nuclear material and nuclear facilities used for peaceful purposes; preventing and combating worldwide offenses relating to such material and facilities; and facilitate cooperation among States Parties to those ends.
5. Article 2 of the Convention is replaced by the following:
1. This Convention shall apply to nuclear material used for peaceful purposes when they are subject to use, storage and transport and to nuclear facilities used for peaceful purposes, provided, however, that the provisions of Articles 3 and 4 and paragraph 4 of Article 5 of this Convention to such nuclear material is only applied while under 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 States Parties expressly undertaken under this Convention, any provision thereof shall be interpreted as affecting the sovereign rights of a State.
4. a) Nothing in this Convention shall affect other rights, obligations and responsibilities of States Parties under international law, in particular the purposes and principles of the United Nations Charter and international humanitarian law.
B) The activities of armed forces during an armed conflict, as those terms are understood under international humanitarian law, which are governed by that law, are not governed by this Convention, and activities undertaken by military forces of a State in the performance of their official duties, inasmuch as they are governed by other rules of international law, are not governed by this Convention.
C) Nothing in this Convention shall be construed as a lawful authorization to use or threat of use of force against nuclear material or nuclear facilities used for peaceful purposes.
D) Nothing in this Convention condones or makes lawful otherwise unlawful acts, nor precludes prosecution under other laws.
5. This Convention shall not apply to nuclear material used or retained for military purposes or to a nuclear facility containing such material.
6. Article 2

Each State Party shall establish, implement and maintain an appropriate system of physical protection of nuclear material and: After Article 2 of the Convention, a new Article 2A, which reads as follows is added nuclear facilities under its jurisdiction, in order to:
a) protecting against theft and other unlawful taking of nuclear material in use, storage and transport;
B) ensure the implementation of rapid and comprehensive measures to locate and, where appropriate, recover nuclear material lost or stolen; when the material is located outside its territory, the State Party shall act in accordance with Article 5;
C) protecting nuclear material and nuclear facilities against sabotage; Y

D) mitigate or minimize the radiological consequences of sabotage.
2. In applying paragraph 1, each State Party:
a) establish and maintain a legislative and regulatory framework to govern physical protection;
B) establish or designate a competent authority or authorities responsible for the implementation of the legislative and regulatory framework; and
c) take other appropriate measures necessary for the physical protection of nuclear material and nuclear facilities.
3. To meet the obligations in paragraphs 1 and 2, each State Party, notwithstanding any other provisions of this Convention, apply insofar as is reasonable and practicable the following Fundamental Principles of Physical Protection of Nuclear Material and nuclear facilities.
FUNDAMENTAL PRINCIPLE A: Responsibility of the 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 for ensuring that nuclear material is adequately protected extends to the international transport thereof, until that responsibility is properly transferred to another State, as appropriate .
FUNDAMENTAL PRINCIPLE C: Legislative and regulatory framework
The State has the responsibility to establish and maintain a legislative and regulatory framework to govern physical protection. This framework should provide for the establishment of applicable physical protection requirements and include a system of evaluation and licensing or other procedures to grant authorization. This framework should include a system of inspection of nuclear facilities and transport to verify compliance with applicable requirements and conditions of the license or other authorization document, and create the means to enforce applicable requirements and conditions, including effective sanctions.
FUNDAMENTAL PRINCIPLE D: Competent Authority
The State should establish or designate a competent authority responsible for the implementation of the legislative and regulatory framework, endowed with authority, competence and adequate to meet the financial and human resources responsibilities which he has assigned. The State should take steps to ensure an effective independence between the functions of the competent authority of the State and those of any other entity responsible for the promotion or utilization of nuclear energy.
FUNDAMENTAL PRINCIPLE E: Responsibility of the license holder
The responsibilities for implementing the various elements of physical protection within a State should be clearly identified. The State must ensure that the primary responsibility for the implementation of physical protection of nuclear material or of nuclear facilities rests with the holders of the relevant licenses or of other authorizing documents (eg operators or shippers).
FUNDAMENTAL PRINCIPLE F: Security Culture
All organizations involved in implementing physical protection should give due priority to the security culture, to its development and maintenance necessary to ensure its effective implementation throughout the organization.
FUNDAMENTAL PRINCIPLE G: Threat
Physical protection that applies in the state must be based on the most recent assessment of the threat that has made the state itself.
FUNDAMENTAL PRINCIPLE H: Graded approach
The requirements for physical protection should be based on a differentiated approach, taking into account the current evaluation of the threat, the relative attractiveness of materials, the nature of these and potential consequences associated with the unauthorized removal of nuclear material and the sabotage of nuclear material or nuclear facilities.
FUNDAMENTAL PRINCIPLE I: Defence in depth
State requirements for physical protection should reflect a concept of several layers and methods of protection (structural or other technical, personnel and organizational) that the adversary must overcome or avoid to achieve their goals. FUNDAMENTAL PRINCIPLE J
:
Quality assurance should establish and implement a policy and quality assurance programs in order to create confidence that specific requirements are met in relation to all activities important to physical protection .
FUNDAMENTAL PRINCIPLE K: Contingency Plans

All holders of licenses and authorities concerned should develop and implement, as appropriate, contingency plans (emergency) to respond to unauthorized removal of nuclear material or sabotage of nuclear facilities or nuclear material, or attempts to these acts .
FUNDAMENTAL PRINCIPLE L: Confidentiality
The State should establish requirements for protecting 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 no nuclear material shall apply to the State Party reasonably decides that it is not necessary to subject the physical protection regime established pursuant to paragraph 1 taking into account the nature, quantity and relative attractiveness and potential radiological and other consequences associated with any unauthorized act committed against it and the current evaluation of the threat that looms over them.
B) Nuclear material which is not subject to the provisions of this Article pursuant to paragraph a) should be protected in accordance with prudent management practices.
7. The article 5 of the Convention is replaced by the following:
1. States Parties shall identify their point of contact in relation to matters within the scope of this Convention and shall communicate to each other directly or through the International Atomic Energy Agency.
2. In case of theft, robbery or any other unlawful taking of nuclear material or of credible threat of any of these acts, States Parties, in accordance with its national law, provide cooperation and assistance to the maximum extent possible to recovery and protection of such material to any State that so requests. In particular:
a) a State Party shall take appropriate measures to notify as soon as possible to other States concerned to consider all theft, robbery or other unlawful taking of nuclear material or credible threat of such acts measures and to inform, where appropriate, the International Atomic Energy Agency and other relevant international organizations;
B) in doing so, as appropriate, the States Parties concerned shall exchange information with each other, the International Atomic Energy Agency and other relevant international organizations with a view to protecting threatened nuclear material, verifying the integrity of containers transport or recover nuclear material and misappropriation:
i) coordinate their efforts through diplomatic and other agreed channels;
Ii) render assistance, if requested;
Iii) ensure the return of recovered nuclear material stolen or missing as a consequence of the above acts.
The States Parties concerned to determine how to implement this cooperation.
3. In case of a credible threat of sabotage, or in the case of sabotage of nuclear material or nuclear facilities, States Parties, in accordance with their national law and relevant obligations under international law, cooperate to the fullest extent possible the follows:
a) if a State Party has knowledge of a credible threat of sabotage of nuclear material or a nuclear facility in another State, shall decide on the appropriate action to notify measures that threat to that State as soon as possible and as appropriate, the International Atomic Energy Agency and other relevant international organizations with a view to preventing the sabotage;
B) in case of sabotage of nuclear material or a nuclear facility in a State Party, and if it considers that other States likely to be radiologically affected, without prejudice to its other obligations under international law, the State party take appropriate steps to inform as soon as possible the State or States likely to be radiologically affected measures and, as appropriate, the International Atomic Energy Agency and other relevant international organizations with a view to minimizing or mitigating the radiological consequences thereof;

C) if in the context of a) and b) a State Party requests assistance, each State Party to which a request for assistance is promptly decide and notify the requesting State Party, directly or through the International Atomic Energy Agency, if it is able to provide the assistance requested and the scope and terms of the assistance that may be rendered;
D) coordination of the cooperation provided for in paragraphs a), b) and c) shall be through diplomatic or other agreed channels. The States Parties concerned determined bilaterally or multilaterally how to implement this cooperation.
4. States Parties shall cooperate and consult, as appropriate, directly or through the International Atomic Energy Agency and other relevant international organizations with a view to obtaining guidance on the design, maintenance and improvement of systems of physical protection of nuclear materials in international transport.
5. A State Party may consult and cooperate as appropriate, with other States Parties directly or through the International Atomic Energy Agency and other relevant international organizations with a view to obtaining their guidance on the design, maintenance and improvement of its protection system physics of nuclear material in domestic use, storage and transport within the national territory and nuclear facilities.
8. Article 6 of the Convention is replaced by the following:
1. States Parties shall take appropriate measures consistent with their national law to protect the confidentiality of any information they receive in confidence from another State Party under the provisions of this Convention or to participate in an activity undertaken to apply this Convention. If States Parties provide information to international organizations or States not party to this Convention, measures to ensure the confidentiality of such information is protected be adopted. The State Party that has received information in confidence from another State Party may provide this information to third parties only with the consent of that other State Party.
2. This Convention does not require States Parties to provide some that 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 or nuclear facilities information.
9. Paragraph 1 of the 7th article of the Convention is replaced by the following:
1. The intentional commission of:
a) an act which constitutes the receipt, possession, use, transfer, alteration, disposal or dispersal of nuclear material alteration, and which causes or is likely to cause death or serious injury to any person or substantial property or environmental damage;
B) theft of nuclear material;
C) misappropriation of nuclear materials or obtain these by fraud;
D) an act which constitutes the carrying, sending or transferring to a State, or out of, nuclear materials without legal authorization;
E) an act directed against a nuclear facility, or an act interfering in the operation of a nuclear facility, where the offender intentionally causes, or know that the act is likely to cause death or serious injury to any person or substantial damage to property or environmental exposure to radiation or release of radioactive substances, unless the act is undertaken in accordance with the national law of the State Party in whose territory the nuclear installation is located;
F) an act constituting a demand for nuclear material by threat or use of force or by any other form of intimidation;
G) a threat:
i) to use nuclear material to cause death or serious injury to any person or substantial property or environmental damage, or to commit the offense described in paragraph e) injury or | || ii) to commit an offense described in paragraphs b) and e) in order to compel a natural or legal person, an international organization or State to do or refrain from doing so;
H) an attempt to commit any offense described in paragraphs a) to e);
I) an act which constitutes participation in any offense described in paragraphs a) to h);
J) an act of any person who organizes or directs others to commit an offense described in paragraphs a) to h); Y

K) an act which contributes to the commission of any offense described in paragraphs a) to h) by a group of persons acting with a common purpose. Such an act shall be intentional and:
i) carried out with the aim of furthering the criminal activity or criminal purpose of the group, where such activity or purpose involves the commission of an offense described in paragraphs a) ag), or
ii) carried out with knowledge of the intention of the group to commit an offense described in paragraphs a) to g) shall be made a punishable offense by each State Party under its national law.
10. After Article 11 of the Convention, two new articles, Article 11A and Article 11B, are added to read as follows: Article 11 A

None of the offenses set forth in the 7th article will be considered for purposes of extradition or mutual legal assistance, political crime or offense connected with a political offense or an offense inspired by political motives. Accordingly, a request for extradition or mutual legal assistance based on such an offense may not be refused solely because it is related to a political offense or an offense connected with a political offense or an offense inspired by political motives.

Article 11B Nothing in this Convention shall be interpreted as imposing an obligation to extradite or provide mutual legal assistance if the requested State Party has substantial grounds to believe that the extradition request by the offenses set forth in article 7th or mutual legal assistance with respect to such offenses has been made for the purpose of prosecuting or punishing a person for reasons of race, religion, nationality, ethnic origin or political opinion or that compliance the request would cause prejudice to that person's position for any of these reasons.
11. After Article 13 of the Convention, a new Article 13A, which reads as follows is added:
A
Article 13 Nothing in this Convention shall affect the transfer of nuclear technology for peaceful purposes that is undertaken to strengthen the physical protection of nuclear materials and nuclear facilities.
12. Paragraph 3 of Article 14 of the Convention is replaced by the following:
3. When an offense involves nuclear material in domestic use, storage or transport at the national level, and both the alleged offender and the nuclear material remain in the territory of the State Party in which the offense was committed, or when an offense involves with a nuclear facility and the alleged offender remains in the territory of the State Party in which the offense was committed, none of the provisions of this Convention shall be interpreted as meaning that State Party is obliged to provide information on procedures criminal giving rise to the offense.
13. Article 16 of the Convention is replaced by the following:
1. Five years after entry into force Amendment adopted on 8 July 2005, the depositary shall convene a conference of the States Parties to review the implementation of this Convention and determine if it is appropriate, with respect to the preamble, all the operative part and the annexes in the light of the then prevailing situation.
2. Subsequently, at intervals of not less than five years, a majority of States Parties may obtain new conferences convened for the same purpose by submitting a proposal to this effect to the depositary.
14. Footnote b / of Annex II of the Convention is replaced by the following:
b / Material not irradiated in a reactor or material irradiated in a reactor but with a radiation level equal to or less than 1 gray / hour (100 rads / hour) at 1 meter distance, unshielded.
15. The notae / of Annex II of the Convention is replaced by the following:
e / In the case of another fuel because of its original fissile material content is classified as Category I or II before irradiation, It may reduce the level of physical protection in a category where the radiation intensity of the fuel exceeds 1 gray / hour (100 rads / hour) at one meter unshielded.

CONVENTION ON THE PHYSICAL PROTECTION OF NUCLEAR MATERIAL AMENDMENT


On behalf of the Director General of the International Atomic Energy Agency, in its capacity as depositary of the Convention on the Physical Protection of Nuclear Material (the Convention) adopted on October 26, 1979, I hereby certify that the document attached is authentic and full of the Amendment to the Convention copy.
Attached Amendment was adopted in Vienna on July 8, 2005, in the Conference to consider the proposed amendments to the Convention, held at IAEA Headquarters, from 4 to 8 July 2005. | || for the Director General,
JOHAN RAUTENBACH,
Director of the Office of Legal Affairs. July 25

2005. SIGNED THE TREATED AREA COORDINATOR MANAGEMENT OF INTERNATIONAL LEGAL AFFAIRS MINISTRY OF FOREIGN AFFAIRS (E) CERTIFIES
:
That the reproduction of text above is true and complete copy of the text in Castilian of the "Amendment to the Convention on the Physical Protection of Nuclear Material", adopted in Vienna on 8 July 2005, certified by the Director of the Office of Legal Affairs of the International Energy Agency Atomic, which consists of six (6) pages, document is on file Treaty area of ​​the Directorate of International Legal Affairs, Ministry of Foreign Affairs.
Given in Bogotá, DC, on the twenty (21) days of June of two thousand and ten (2010).
MATÍAS DEMETRIO JOSE ORTIZ, Area Coordinator
Treaties (E) Directorate of International Legal Affairs. RAMA

PUBLIC POWER EXECUTIVE PRESIDENCY OF THE REPUBLIC
Bogotá, DC, June 28, 2010
authorized. Submit for consideration by the honorable Congress for constitutional purposes.
(Sgd.)
The Alvaro Uribe Foreign Minister,
(Sgd.) Jaime Bermudez.
DECREES: Article 1.
. To approve the "Amendment to the Convention on the Physical Protection of Nuclear Material", adopted in Vienna on 8 July 2005. Article 2.
. In accordance with the provisions of article 1 of Law 7 of 1944, the "Amendment to the Convention on the Physical Protection of Nuclear Material", adopted in Vienna on July 8, 2005, that the first article of this law approved, it will force the country from the date the international link regarding the same is perfected.
Article 3o. This law applies from the date of publication.
Given in Bogotá, DC, honorable ... Presented to Congress by the Minister of Foreign Affairs and the Minister of Mines and Energy.
The Minister of Foreign Affairs Maria Angela Holguin
CUÉLLAR.
The Minister of Mines and Energy, Carlos Rodado Noriega
.
DRAFT LAW NUMBER 108 2011
through which the "Amendment to the Convention on the Physical Protection of Nuclear Material" is approved, adopted in Vienna on 8 July 2005.
the Congress
having regard to the text of the "Amendment to the Convention on the Physical Protection of Nuclear Material", adopted in Vienna on 8 July 2005.
(to be transliterated: photocopy attached text in Castilian of Amendment certified by the Director of the Office of Legal Affairs of the International Atomic Energy Agency, which consists of six (12) pages, document rests in the archives of the Department of International Legal Affairs of the Ministry of External relationships). RAMA

PUBLIC POWER EXECUTIVE PRESIDENCY OF THE REPUBLIC
Bogotá, DC, June 28, 2010
authorized. Submit for consideration by the honorable Congress for constitutional purposes.
(Sgd.)
The Alvaro Uribe Foreign Minister,
(Sgd.) Jaime Bermudez.
DECREES: Article 1.
. To approve the "Amendment to the Convention on the Physical Protection of Nuclear Material", adopted in Vienna on 8 July 2005. Article 2.
. In accordance with the provisions of article 1 of Law 7 of 1944, the "Amendment to the Convention on the Physical Protection of Nuclear Material", adopted in Vienna on July 8, 2005, that article 1 of this law approved, it will force the country from the date the international link regarding the same is perfected.
Article 3o. This law applies from the date of publication.
The President of the honorable Senate,
JUAN MANUEL ROMAN CORZO.
The Secretary General of the honorable Senate,
EMILIO RAMÓN OTERO DAJUD.
The President of the honorable House of Representatives, Gaviria MUÑOZ SIMON
.
The Secretary General of the honorable House of Representatives,

JESUS ​​ALFONSO RODRÍGUEZ CAMARGO. REPUBLIC OF NATIONAL COLOMBIAGOBIERNO

transmittal and enforcement.
RUN prior review by the Constitutional Court, pursuant to Article 241-10 of the Constitution.
Given in Bogotá, DC, on August 2, 2012.

CALDERON JUAN MANUEL SANTOS Minister of Foreign Affairs Maria Angela Holguin
CUÉLLAR.
The Minister of Health and Social Protection, LONDOÑO
BEATRIZ SOTO.
The Minister of Environment and Sustainable Development, FRANK JOSEPH
PEARL GONZÁLEZ.


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