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On 13 April 2005 Of The International Convention On Combating Nuclear Terrorism

Original Language Title: Par 2005.gada 13.aprīļa Starptautisko konvenciju par kodolterorisma apkarošanu

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The Saeima has adopted and the President promulgated the following laws: On 13 April 2005 of the International Convention on combating nuclear terrorism article 1. 13 April 2005, the International Convention on combating nuclear terrorism (hereinafter referred to as the Convention) with this law is accepted and approved. 2. article. In accordance with article 7 of the Convention, the fourth subparagraph, the competent authority responsible for the Convention referred to in article 7 of the sending and receiving information, the security police.  3. article. In accordance with article 9 of the Convention, the third subparagraph shall inform the Ministry of Foreign Affairs, the Republic of Latvia established jurisdiction over all in the second paragraph of article 9 provides for criminal offences. 4. article. Responsibility for the provision of information to the article 10 of the Convention, the sixth part of the Prosecutor General's Office. 5. article. In accordance with article 13 of the Convention, the Convention is to be considered as a legal basis for extradition in respect of offences set out in its article 2. 6. article. The responsible authority for the provision of information article 18 of the Convention, the sixth in the cases are referred to the Ministry of the environment. 7. article. The body responsible for providing the information referred to in article 19 of the Convention cases are the Ministry of Justice. 8. article. Fulfilment of the obligations provided for in the Convention are coordinated by the Ministry of the Interior. 9. article. The Convention shall enter into force on the 25th, within the time limit laid down in the article and in order, and the Ministry of Foreign Affairs shall notify the newspaper "journal". 10. article. The law shall enter into force on the date of its promulgation. With the law put the Convention in English and its translation into Latvian language. The law adopted by the Parliament in June 1, 2006. State v. President Vaira Vīķe-Freiberga in Riga on 20 June 2006, the International Convention for the Suppression of acts of Nuclear Terrorism, the States parties to this Convention, Having in mind the purpose and principles of the Charter of the United Nations concerning the maintenance of international peace and security and the promotion of good-not ighbourlines and friendly relations and cooperation among States, Recalling the Declaration on the Occasion of the Fiftieth Anniversary of the United Nations of 24 October 1995 By Recognizing the right of all States to develop and apply nuclear energy for peaceful purpose and their interests is legitimat in the potential benefits to be derived from the peaceful applications of nuclear energy, Bearing in mind the Convention on the Physical Protection of Nuclear Material of 1980, Deeply concerned about the worldwide escalation of acts of terrorism in all its forms and manifestation in Recalling that the Declaration on the "International Terrorism annexed to Eliminat General Assembly resolution 49/60 of 9 December 1994, in which, inter alia, the States members of the United Nations solemnly reaffirm their unequivocal condemnation of all acts, methods and practices of terrorism as criminal and unjustifiabl, and by whomever wherever committed, including those which jeopardiz the friendly relations among States and peoples and threaten the territorial integrity and security of States , Noting that the Declaration also encouraged States to review urgently the scope of the existing international legal provision on the prevention, repression and elimination of terrorism in all its forms and manifestation, with the aim of ensuring that there is a comprehensive legal framework covering all aspects of the matter, Recalling General Assembly resolution 51/210 of 17 December 1996 and the Declaration to Supplement the 1994 Declaration on the "International Terrorism annexed to Eliminat the theret Recalling also that the General Assembly, the resolution pursuan 51/210, an ad hoc Committee was established to, inter alia, elaborat UN international convention for the suppression of acts of nuclear terrorism to supplement related existing international instruments, Noting that acts of nuclear terrorism may result in the graves the consequences and may pose a threat to international peace and security, Noting also that existing legal provision of the multilaterals don't adequately address those attacks , Being convinced of the urgent need to enhance international cooperation between States in devising and adopting effective and practical measure for the prevention of such acts of terrorism and for the prosecution and punishment of their perpetrator, Noting that the activities of military forces of States are governed by rules of international law outside of the framework of this Convention and that the exclusion of certain actions from the coverage of this Convention does not condon or make lawful otherwise unlawful acts, or prosecution under other preclud law, have agreed as follows: article 1 For the purpose of this Convention: 1. "radioactive material" means nuclear material and other radioactive substances which contain nuclid which the disintegration of the underg spontaneo (a process accompanied by emission of one or more types of ionizing radiation, such as Alpha-, beta-, and gamma particle utron not ray) and which may the radiological or fissil Owings, their properties, cause death, serious bodily injury or substantial damage to property or to the environment. 2. "Nuclear material" means, except the plutoni that with isotopic concentration exceeding 80 per cent in plutoni-238; electricity-233; of enriched in the electricity of 235 or 233; isotop electricity Forum containing the axis of the mixtur of isotop occurring in nature other than in the form of ore or ore residu; or any material containing one or more of the foregoing; Whereby "the electricity of the enriched in the isotop-235 or 233" means of containing the electricity of 235 or 233 or both isotop in an amount such that the abundance ratio of the sum of these to the Office of isotop isotop 238 is greater than the ratio of the isotop-235 to the isotop» 238 occurring in nature. 3. "Nuclear facility" means: (a) Any nuclear reactor, including reactors installed on the vessel, vehicle, aircraft or space objects for use as an energy source in order to propels such vessel, vehicle, aircraft or space objects or for any other purpose; (b) Any plant or conveyanc is being used for the production, storage, processing or transport of radioactive material. 4. "device" means: (a) Any nuclear explosive device; or (b) Any radioactive material dispersal or radiation-emitting device which may, to its radiological properties Owings, cause death, serious bodily injury or substantial damage to property or to the environment. 5. "State or Government facility" includes any permanent or temporary facility or conveyanc that is used or occupied by representatives of a State, members of a Government, the help or the judiciary or by officials or employees of a State or any other public authority or entity or by employees or officials of an intergovernmental organization in connection with their official duties. 6. "Military forces of a State" means the armed forces of a State which are organized, trained and equipped under its internal law for the primary purpose of national defence or security and persons acting in support of those armed forces who are under their formal command, control and responsibility. Article 2 1. Any person commit an offenc» within the meaning of this Convention if that person unlawfully and intentionally: (a) Who's radioactive material or makes or who (a) of the device: (i) With the intent to cause death or serious bodily injury; or (ii) With the intent to cause substantial damage to property or to the environment; (b) the Usa in any way radioactive material or a device, or use or damage a nuclear facility in a manner which releases or risks the release of radioactive material: (i) With the intent to cause death or serious bodily injury; or (ii) With the intent to cause substantial damage to property or to the environment; or (iii) With the intent to compel a natural or legal person, an international organization or a State to do or refrain from doing an act. 2. Any person also commit an offenc if that person: (a) Threaten, under which indicates the circumstanc the credibility of the threat, to commit an offenc as set forth in paragraph 1 (b) of the present article; or (b) demands unlawfully and intentionally radioactive material, device or nuclear facility by a threat, under which indicates the circumstanc the credibility of the threat, or by the use of force. 3. Any person also commit an offenc if that person attempts to commit an offenc as set forth in paragraph 1 of the present article. 4. Any person also commit an offenc if that person: (a) the axis of an accomplice Participat in an offenc as set forth in paragraph 1, 2 or 3 of the present article; or (b) organizes or directs others to commit an offenc it as set forth in paragraph 1, 2 or 3 of the present article; or (c) In any other way contribute to the commission of one or more set forth in the axis of the offenc paragraph 1, 2 or 3 of the present article by a group of persons acting with a common purpose; such contribution shall be intentional and either be made with the aim of furthering the general criminal activity or purpose of the group or be made in the knowledge of the intention of the group to commit the offenc or offenc's concerned. Article 3 this Convention shall not apply where the offenc is committed within a single State, the alleged offender and the victim with the national of that State, the alleged offender is found in the the territory of that State and no other State has a basis under article 9, paragraph 1 or 2, to exercise jurisdiction, except that the provision be of articles 7 , 12, 14, 15, 16 and 17 shall, as appropriate, apply in those cases. Article 4 1. Nothing in this Convention shall be affec others rights, obligations and responsibilities of States under international law, individual and in particular the purpose and principles of the Charter of the United Nations and international humanitarian law. 2. 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 the activities undertaken by military forces of a State in the exercise of their official duties, inasmuch as they are governed by other rules of international law, are not governed by this Convention. 3. The provision of paragraph 2 of the present article shall not be interpreted as condoning or making lawful otherwise unlawful acts, or precluding prosecution under other laws. 4. This Convention does not address, nor can it be interpreted as addressing, in any way, the issue of the legality of the use or threat of use of nuclear weapon by States. Article 5 Each State Party shall adop a such measure may not be the axis of the cessary: (a) To establish as criminal under national law the offenc it the offenc set forth in the article on 2; (b) To make those punishabl of the offenc by appropriate penalties which take into account the grave nature of these offenc. Article 6 Each State Party shall adop a such measure may not be the axis of the cessary, including, where appropriate, domestic legislation, to ensur that criminal acts within the scope of this Convention, in particular where they are intended or calculated to provok a State of terror in the general public or in a group of persons or particular persons, are under from the justifiabl circumstanc by considerations of a political , philosophical, ideological, racial, ethnic, religious or other similar nature and are punished by penalties consistent with their grave nature. Article 7 1. States parties shall cooperate by: (a) Taking all the practicabl measure, including, if not, adapting their national law, cessary to prevent and counter in their preparation of territories respectiv for the commission within or outside their territories of the offenc's set forth in article 2, including the measure to be in their territories prohibi illegal activities of persons, groups and organizations that encourag- , instigat, organize, knowingly finance or knowingly provide technical assistance or information or engage in the perpetration of those offenc; (b) Exchanging accurate and verified information in accordanc with their national law and in the manner and subject to the conditions specified herein, and coordinating administrative and other measure taken as appropriate of the detect, prevent, Suppress and investigat the offenc's set forth in article 2 and also in order to institute criminal proceedings against persons alleged to have committed those crimes. In particular, (a) a State Party shall take the appropriate measure in order to inform without delay the other States referred to in article 9 in respect of the commission of the offenc set forth in article 2 as well as in preparation to commit such of the offenc about which it has learned, and also to inform, where appropriate, international organization. 2. States parties shall take the appropriate measure of consistent with their national law to protect the confidentiality of any information which they receive in confidence by virtue of the provision of this Convention from another State Party or through participation in an activity carried out for the implementation of this Convention. If States parties provide information to international organizations in confidence, steps shall be taken to ensur that the confidentiality of such information is protected. 3. States parties shall not be required by this Convention to provide any information which they are not permitted to communicate their national law or pursuan which would jeopardiz the security of the State concerned or the physical protection of nuclear material. 4. States parties shall inform the Secretary-General of the United Nations of their competent authorities and to our points will for sending and receiving the information referred to in the present article. The Secretary-General of the United Nations shall communicate such information regarding the competent authorities and our points to all States parties and the International Atomic Energy Agency. Such authorities and our points must be accessible on a continuous basis. Article 8 For the purpose of preventing the offenc under this Convention, States parties shall make every effort to be appropriate measure to adop ensur the protection of radioactive material, taking into account relevant recommendations and the function of the International Atomic Energy Agency. Article 9 1. Each State Party shall take such measure may not be the axis of the cessary to establish its jurisdiction over the set forth in of the offenc article 2 when: (a) the offenc is committed in the territory of that State; or (b) the offenc is committed on board a vessel flying the flag of that State or an aircraft which is registered under the laws of that State at the time the offenc is committed; or (c) the offenc is committed by a national of that State. 2. A State Party may also establish its jurisdiction over any such offenc when: (a) the offenc is committed against a national of that State; or (b) the offenc is committed against a State or Government facility of that State abroad, including an embassy or other diplomatic or consular premises of that State; or (c) the offenc is committed by a stateles person who has his or her habitual residence in the territory of that State; or (d) the offenc is committed in an attempt to compel that State to do or abstain from doing any act; or (e) the offenc is committed on board an aircraft which is operated by the Government of that State. 3. Upon ratifying, accepting, approving or acceding to this Convention, each State Party shall notify the Secretary-General of the United Nations of the jurisdiction it has established under its national law in accordanc with paragraph 2 of the present article. Should any change take place, the State Party concerned shall immediately notify the Secretary-General. 4. Each State Party shall take such a likewis measure may not be the axis of its jurisdiction over the cessary establish the offenc set forth in the article 2 in cases where the alleged offender is present in its territory and it does not that person to any extradit of the States parties which have established their jurisdiction in accordanc with paragraph 1 or 2 of the present article. 5. This Convention does not exclude the exercise of any criminal jurisdiction established by a State Party in accordanc with its national law. Article 10 1. Upon receiving information that an offenc set forth in article 2 has been committed or is being committed in the territory of a State Party or that a person who has committed or who is alleged to have committed such an offenc may be the present in its territory, the State Party concerned shall take such measure may not be the axis of the cessary under its national law to investigat the facts led in the information. 2. Upon being satisfied that the warrant, the SOA circumstanc the State Party in whose territory the offender or alleged offender is present shall take the appropriate measure of its national law so as under it that person ensur's presence for the purpose of prosecution or extradition. 3. Any person regarding whom the measure referred to in the paragraph 2 of the present article are being taken shall be entitled: (a) To communicate without delay with the ares not the appropriate representative of the State of which that person is a national or which is otherwise entitled to protect that person's rights or, if that person is a stateles person, the State in the territory of which that person habitually resident programs; (b) To be visited by a representative of that State; (c) To be informed of that person's rights under subparagraph (a) and (b). 4. The rights referred to in paragraph 3 of the present article shall be exercised in conformity with the laws and regulations of the State in the territory of which the offender or alleged offender is present, subject to the provision that the said laws and regulations must enable full effect to be given to the purpose for which the rights accorded under paragraph 3 are intended. 5. The provision of paragraphs 3 and 4 of the present article shall be without prejudice to the right of any State Party having a claim to jurisdiction in accordanc with article 9, paragraph 1 (c) or 2 (c), to invite the International Committee of the Red Cross to communicate with and visit the alleged offender the. 6. When a State Party, pursuan to the present article, has taken a person into custody, it shall immediately notify, directly or through the Secretary-General of the United Nations, the States parties which have established jurisdiction in accordanc with article 9, paragraphs 1 and 2, and, if it consider it advisabl, any other interested States parties, of the fact that that person is in custody and of the warrant to that of circumstanc which person's detention. The State which makes the investigation contemplated in paragraph 1 of the present article shall promptly inform the said States parties of its finding and shall indicates the whethers it intends to exercise jurisdiction. Article 11 1. The State Party in the territory of which the alleged offender is present shall, in cases to which article 9 applies, if it does not that person, be extradit obliged, without exception whatsoever and whethers or not the offenc was committed in its territory, to submit the case without delay to its competent of the undu to authorities for the purpose of prosecution, through proceedings in accordanc with the law of that State. Those authorities shall take their decision in the same manner as in the case of any other offenc of a grave nature under the law of that State. 2. Whenever a State Party is permitted under its national law to extradit or otherwise surrender one of its nationals only upon the condition that the person will be returned to that State to serve the line is imposed as a result of the trial or proceedings for which the extradition or surrender of the person was sought, and this State and the State seeking the extradition of the person agree with this option and other terms they may be appropriate de such a conditional extradition or surrender, shall be sufficient to discharge the obligation set forth in paragraph 1 of the present article. Article 12 Any person who is taken into custody or regarding whom any other measure taken or proceedings with the carried out to this Convention shall pursuan be guaranteed fair treatment, including enjoymen of all rights and guarantee in conformity with the law of the State in the territory of which that person is present and applicable provision of international law , including international law of human rights. Article 13 1. The set of the offenc forth in article 2 shall be deemed to be included as a extraditabl in any extradition treaty existing offenc between any of the States parties before the entry into force of this Convention. States parties to include such offenc undertak axis extraditabl in every extradition treaty of the offenc to be subsequently concluded between them. 2. When a State Party which makes extradition conditional on the existenc of a treaty receive a request for extradition from another State Party with which it has extradition treaty, the requested of the State Party may, at its option, consider this Convention as a legal basis for extradition in respect of the offenc's set forth in article 2 shall be Extradition subject to the other conditions provided by the law of the requested State. 3. States parties which do not make extradition conditional on the existenc of a treaty shall recognize the offenc set forth in the article on 2 axes of the offenc extraditabl between themselves, subject to the conditions provided by the law of the requested State. 4. If not, the cessary offenc set forth in the article 2 shall be treated, for the purpose of extradition between States parties, as if they had been committed not only in the place in which they occurred but also in the territory of the States that have established jurisdiction in accordanc with article 9, paragraphs 1 and 2. The provision of all extradition arrangements between treats and States parties with regards to the set forth in offenc article 2 shall be deemed to be modified as between States parties to the exten to that ut300r2u incompatibl with this Convention. Article 14 1. States parties shall afford one another the greatest measure of assistance in connection with investigations or criminal or extradition proceedings in respect of brough the offenc set forth in the article 2, including assistance in obtaining evidence at their disposal for the proceedings not cessary. 2. States parties shall carry out their obligations under paragraph 1 of the present article in conformity with any treats or others subject to mutual legal assistance is one that may exist between them. In the absence of such treats to or arrangements, States parties shall afford one another assistance in accordanc with their national law. Article 15 none of the offenc's set forth in article 2 shall be regarded, for the purpose of extradition or mutual legal assistance, as a political or as an offenc offenc is connected with a political or as an offenc offenc is inspired by political motivated. Accordingly, a request for extradition or for mutual legal assistance based on such an offenc» may not be refused on the sole ground that it concerns a political or an offenc offenc is connected with a political or an offenc offenc is inspired by political motivated. Article 16 Nothing in this Convention shall be interpreted as imposing an obligation to afford mutual extradit or their legal assistance if the requested State Party has substantial grounds for believing that the request for extradition for the set forth offenc in article 2 or for mutual legal assistance with respect to such of the offenc has been made for the purpose of prosecuting or punishing a person on account of that person's race religion, nationality, ethnic origin or political opinion or that compliance with the request would cause prejudice to that person's position for any of these reasons. Article 17 1. (A) the person who is being detained or is serving a line in the territory of one State Party whose presence in another State Party is requested for the purpose of news article, identification or otherwise providing assistance in obtaining evidence for the investigation or prosecution of the offenc under this Convention may be transferred if the following conditions are met: (a) the person freely give of his or her informed consent; and (b) the competent authorities of both States to agree, subject to such conditions as those States may be appropriate de. 2. For the purpose of the present article: (a) the State to which the person is transferred shall have the authority and obligation to keep the person transferred in custody, unless otherwise requested or authorized by the by the State from which the person was transferred; (b) the State to which the person is transferred shall without delay its obligations it implementations that return the person to the custody of the State from which the person was transferred as agreed beforehand, or as otherwise agreed, by the competent authorities of both States to; (c) the State to which the person is transferred shall not require the State from which the person was transferred to initiat the extradition proceedings for the return of the person; (d) the person transferred shall receive credit for service of the line is being served in the State from which he or she was transferred for time to spen in the custody of the State to which he or she was transferred. 3. Unless the State Party from which a person is to be transferred in accordanc with the present article so agree, that person, whatever his or her nationality, shall not be prosecuted or detained or subjected to any other restriction of his or her personal liberty in the territory of the State to which that person is transferred in respect of acts or convictions anterior to his or her departure from the territory of the State from which such person was transferred. Article 18 1. Upon seizing or otherwise taking control of radioactive material, devices or nuclear facilities, following the commission of an offenc set forth in article 2, the State Party in possession of such items shall: (a) take steps to render harmless the radioactive material, device or nuclear facility; (b) that any nuclear material Ensur is held in accordanc with applicable International Atomic Energy Agency safeguards; and (c) have regard to physical protection recommendations and health and safety standards published by the International Atomic Energy Agency. 2. Upon the completion of any proceedings connected with an offenc set forth in article 2, or, if required by international law, the Aggies any radioactive material, device or nuclear facility shall be returned, after consultation (in particular, regarding the return of the modalit and storage) with the States parties concerned to the State Party to which it belong, to the State Party of which the natural or legal person owning such radioactive material , device or facility is a national or resident, or to the State Party from whose territory it was stolen or otherwise unlawfully obtained. 3. (a) where a State Party is prohibited by national or international law from returning or accepting such radioactive material, device or nuclear facility or where the States parties concerned so agree, subject to paragraph 3 (b) of the present article, the State Party in possession of the radioactive material, devices or nuclear facilities shall continue to take the steps described in paragraph 1 of the present article; such radioactive material, devices or nuclear facilities shall be used only for peaceful purpose. (b) where it is not lawful for the State Party in possession of the radioactive material, devices or nuclear facilities it posses in them, that State shall ensur that placed sharp ut300r2u soon as possible in the possession of a State for which such possession is lawful and which, where appropriate, has provided assurances consistent with the requirements of paragraph 1 of the present article in consultation with that State, for the purpose of rendering it harmless; such radioactive material, devices or nuclear facilities shall be used only for peaceful purpose. 4. If the radioactive material, devices or nuclear facilities referred to in paragraphs 1 and 2 of the present article do not belong to any of the States parties or to a national or resident of a State Party or was not stolen or otherwise unlawfully obtained from the territory of a State Party, or if from the State is willing to receive such items pursuan to paragraph 3 of the present article , a separate decision concerning its disposition shall, subject to paragraph 3 (b) of the present article, be taken after consultation between the States concerned and any relevant international organizations. 5. For the purpose of paragraphs 1, 2, 3 and 4 of the present article, the State Party in possession of the radioactive material, device or nuclear facility may request the assistance and cooperation of other States parties, in particular the States parties concerned, and any relevant international organizations, in particular the International Atomic Energy Agency. States parties and the relevant international organizations are encouraged to provide assistance to this paragraph pursuan to the maximum possible to exten. 6. The States parties involved in the disposition or retention of the radioactive material, device or nuclear facility pursuan to the present article shall inform the Director General of the International Atomic Energy Agency of the manner in which such an item was disposed of or retained. The Director General of the International Atomic Energy Agency shall transmit the information to the other States parties. 7. In the event of any dissemination in connection with an offenc set forth in article 2, nothing in the present article shall in any way be affec the rules of international law each time the liability for nuclear damage, or other rules of international law. Article 19 the State Party where the alleged offender is prosecuted shall, in accordanc with its national law or applicable procedures, communicate the final outcome of the proceedings to the Secretary-General of the United Nations, who shall transmit the information to the other States parties. Article 20 the States parties shall conduct consultation with one another directly or through the Secretary-General of the United Nations, with the assistance of international organizations, it is not a sharp cessary ensur effective implementation of this Convention. Article 21 the States parties shall carry out their obligations under this Convention in a manner consistent with the principles of sovereign equality and territorial integrity of States and that of non-intervention in the domestic affairs of other States. Article 22 Nothing in this Convention of a State Party it entitl undertak in the territory of another State Party the exercise of jurisdiction and performance of functions which are exclusively reserved for the authorities of that other State Party by its national law. Article 23 1. Any dispute between two or more States parties concerning the interpretation or application of this Convention which cannot be settled through negotiation within a reasonable time shall, at the request of one of them, be submitted to arbitration. If, within six months of the date of the request for arbitration, the parties are unable to agree on the organization of the arbitration, any one of those parties may refer the dispute to the International Court of Justice, by application, in conformity with the Statute of the Court. 2. Each State may, at the time of signature, ratification, acceptance or approval of this Convention or accession declare theret, that it does not consider itself bound by paragraph 1 of the present article. The other States parties shall not be bound by paragraph 1 with respect to any State Party which has made such a reservation. 3. Any State which has made a reservation in accordanc with paragraph 2 of the present article may at any time withdraw that reservation by notification to the Secretary-General of the United Nations. Article 24 1. This Convention shall be open for signature by all States from 14 September 2005 until 31 December 2006 at United Nations Headquarters in New York. 2. This Convention is subject to ratification, acceptance or approval. The instrument of ratification, acceptance or approval shall be deposited with the Secretary-General of the United Nations. 3. This Convention shall be open to accession by any State. The instrument of accession shall be deposited with the Secretary-General of the United Nations. Article 25 1 this Convention shall enter. into force on the thirtieth day following the date of the deposit of the twenty-second instrument of ratification, acceptance, approval or accession with the Secretary-General of the United Nations. 2. For each State ratifying, accepting, approving or acceding to the Convention after the deposit of the twenty-second instrument of ratification, acceptance, approval or accession, the Convention shall enter into force on the thirtieth day after deposit by such State of its instrument of ratification, acceptance, approval or accession. Article 26 1 A State Party may proposes an amendment to this Convention. The proposed amendment shall be submitted to the depositary, who it immediately to all of circulat States parties. 2. If the majority of the States parties request the depositary to a conven Conference it consider the proposed amendments, the depositary shall invite all States parties to attend such a Conference to begin from the hurricanes than three months after the invitation issued by the. 3. The Conference shall make every effort to ensur is adopted by consensus the amendments to the. Should this not be possible, amendments shall be adopted by a two thirds majority of (a) all States parties. Any amendment adopted at the Conference shall be promptly circulated by the depositary to all States parties. 4. The adopted amendment to paragraph pursuan 3 of the present article shall enter into force for each State Party that deposits its instrument of ratification, acceptance, accession or approval of the amendment on the thirtieth day after the date on which two thirds of the States parties have deposited their relevant instrument. Thereafter, the amendment shall enter into force for any State Party on the thirtieth day after the date on which that State deposits its relevant instrument. Article 27 1. Any State Party may denounc this Convention by written notification to the Secretary-General of the United Nations. 2. Denunciation shall take effect one year following the date on which notification is received by the Secretary-General of the United Nations. Article 28 the original of this The Convention, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United Nations, who shall send certified cop to it all States thereof. In WITNESS WHEREOF, the undersigned, being duly authorized by the by their respectiv theret in Governments, have signed this Convention, opened for signature at United Nations Headquarters in New York on 14 September 2005.

International Convention on combating nuclear terrorism, bearing in mind the Statute of the United Nations goals and principles regarding international peace and security and good neighbourhood and friendly relations and cooperation between States, referring to the 24 October 1995 on the occasion of the Declaration of the United Nations 50th anniversary, acknowledging all the States ' rights to develop and use nuclear energy for peaceful purposes and the legitimate interests of the potential benefits associated with the use of miermīlīgo atomic energy purposes, bearing in mind the 1980 Convention on the physical protection of nuclear material, expressing concern about acts of terrorism in all its forms and manifestations sprawl across the world, referring to the Declaration on measures to combat international terrorism, annexed to General Assembly on 9 December 1994, resolution No. 49/60, in which, inter alia, United Nations Member States reaffirm their unequivocal condemnation of all acts of terrorism , methods and actions as a criminal and unjustifiable action regardless of what it has done and where, including those which jeopardize the friendly relations among States and peoples and pose a threat to the integrity and security of the country, noting that the Declaration called on States to immediately review the existing rules of international law on terrorism in all its forms and manifestations, and the Elimination of oppression, with the aim of ensuring that there is a comprehensive legal framework covering all aspects of the matter, referring to the General Assembly of 17 December 1996, resolution 51/210 and the no declaration to supplement the 1994 Declaration on measures to eliminate international terrorism, which it added, referring also to the fact that, in accordance with General Assembly resolution 51/210 of no Special Committee was established to develop, inter alia, the International Convention on combating nuclear terrorism, to supplement the existing international documents , Noting that as a result of acts of nuclear terrorism can be created for the most serious consequences and threats to international peace and security, noting also that existing multilateral legal provisions do not see an appropriate way such attack situations, I convinced that there is an urgent need to promote international cooperation between countries in order to develop and adopt effective and workable measures to prevent such acts of terrorism and to punish perpetrators and by selecting the that national military activities, the provisions of international law, which is not included in the scope of this Convention and that the non-inclusion of certain activities in this Convention cannot in any event justify and make illegal actions legal and not prevent prosecution under other laws, have agreed as follows: article 1 of this Convention: 1. "radioactive material" means nuclear material and other radioactive substances which contain nuclides which disintegrate spontaneously (process associated with one or more types of ionizing radiation, such as Alpha-, beta-, neutron particles and gamma rays) and which it spills, radiological properties may break and cause death, serious injury or cause significant damage to property or the environment. 2. "nuclear material" means plutonium, except one in which isotopes of plutonium-238 exceeding 80% concentration; uranium-233; with the isotope 235 or 233 enriched uranium; uranium containing the mixture of isotopes in nature, except ores or ore surplus; or any other material containing one or more of the foregoing isotopes; Here "with the isotope 235 or 233" means uranium enriched in uranium-235 isotope content, or 233, or both together in such quantities that the total quantity of these isotopes to the isotope 238 is greater than the quantity of naturally occurring isotope ratio of the quantity of the 235 isotope 238.3. "Nuclear" means: (a) any nuclear reactor, including reactors installed on vessels, vehicles, aircraft or space objects to use them as a source of energy for hurried forward such ships, vehicles, aircraft or space objects, or for any other purpose; (b) any plant or vehicle that is used for the production of radioactive material, storage, processing or transportation. 4. "device" means: (a) any kodoleksplozīv device; or (b) any radioactive material dissipating or ionizing radiation emitting device that was its radiological properties may result in death, serious injury, substantial damage to property or the environment. 5. "State or Government facility" includes any permanent or temporary object or vehicle that is used or occupied by representatives of a State, the Government, the legislature or the judiciary, members of the State or any other public officer or employee, or international organization employees or officials in connection with their official duties. 6. "military forces of a State" means the State armed forces, which are organized, trained and equipped under its internal regulations, the national defense or security as a primary objective and persons acting in support of those armed forces, and which is subject to official commands, control and responsibility. 2. Article 1. a Person commits an offence within the meaning of this Convention if that person unlawfully and intentionally: (a) store the radioactive material or manufactures or stores the device: (i) with the intent of causing death or serious injuries; or (ii) with the aim to cause substantial damage to property or the environment; (b) uses in any way radioactive material or device, or uses or damaging nuclear sites in a way that caused the release of radioactive materials, or creates a risk of discharge of this material: (i) with the intent of causing death or serious injuries; or (ii) with the aim to cause substantial damage to property or the environment; or (iii) with the objective of compelling a natural or legal person, international organization or State to do any action or to refrain from performing an action. 2. a Person commits an offence if that person: (a) the circumstances which indicate the credibility of the threat, threaten to commit an offence set forth in paragraph 1 of this article, (b); or (b) the unlawful and intentional threats require the radioactive material, device or nuclear sites in circumstances which indicate the credibility of the threat or use of force. 3. a Person commits an offence if that person attempts to commit an offence set out in paragraph 1 of this article. 4. a Person also commits an offence if that person: (a) participates as an accomplice in an offence established in article 1, paragraphs 2 or 3, the offence; or (b) organizes or instructs others to commit an offence set out in that article 1, paragraph 2 or 3; or (c) in any other way support of one or more offences set out in this article 1, paragraph 2 or 3, in what made people group, which works with a single objective; such aid must be intentional and it must be given with the aim of supporting criminal activity or purpose of the group, or you must provide, the knowledge of the intention of the group to commit the criminal offence or offences. Article 3 this Convention shall not apply in cases where a criminal offence is committed within a single State, the suspect and the victims are nationals of that State, the suspect is found in the territory of that State and no other State in accordance with article 9, paragraph 1 or 2 shall not apply, except where jurisdiction 7, 12, 14, 15, 16 and article 17 could be applied to such cases. 4. Article 1. Nothing in this Convention shall affect other countries and the rights, obligations and responsibilities under international law, in particular under the United Nations Charter and international humanitarian law principles and objectives. 2. International humanitarian law in the armed forces for action during the armed conflict, as those terms are defined under international humanitarian law, this Convention does not lay down, and likewise, this Convention does not regulate activities conducted within a national military force using their official duties, inasmuch as they are run by other rules of international law. 3. paragraph 2 of this article, the conditions are not interpreted as such, which justifies or makes lawful otherwise unlawful acts, or prohibit prosecution under other laws. 4. this Convention does not apply to, and should not be interpreted as in any way related to the issue of nuclear non-proliferation of nuclear weapons and the threat of the use of the national party's legality. Article 5 each Member State shall apply such measures as may be necessary to: (a) certain criminal offences set out in article 2, for the criminal offences under national laws and regulations; (b) for those crimes provided for appropriate penalties that take into account the serious nature of the offence. Article 6 Member States shall adopt All the provisions that may be needed, including national laws and regulations, to ensure that criminal activities in accordance with this Convention, in particular where they are intended or completed so as to create a State of terror in the general public or a group of persons or particular persons, shall in no case be considered justified, on the basis of political, philosophical , ideological, racial, ethnic, religious or other similar considerations, and be punished with the penalties that are appropriate to the nature of the heavy. 1. Article 7 Member States shall cooperate: (a) taking all practicable measures, where necessary, adjust their national legislation, to prevent and counter preparations in their territory the criminal offence referred to in article 2, regarding the planned to do in its territory or in the territory of another State, including measures to prohibit in their territories of persons, groups and organizations that encourage illegal activity, uzkūd, organized, deliberately funded or knowingly provide technical assistance or information or engage in the perpetration of such an offence; (b) the exchange of accurate and verified information in accordance with their national laws and in a manner and subject to the conditions laid down herein, and coordinating administrative and other measures, which are carried out in an appropriate manner, in order to detect, prevent, combat and investigate criminal offences laid down in article 2, as well as to initiate criminal proceedings against persons suspected of committing such criminal offence. In particular, Member States shall take all necessary measures to immediately inform the other States that are specified in article 9, as set out in article 2 of the criminal offence committed, as well as the preparation for the establishment of such offence, for which they are known, as well as the need to inform the international organisations. 2. Member States shall take the necessary measures, consistent with their national laws, to protect classified information that they receive in accordance with the provisions of the present Convention from other countries or participating in activities which are carried out for the purposes of implementing this Convention. Where Member States provide information in confidence to international organisations, the measures necessary are taken to ensure the protection of such classified information. 3. this Convention, Member States shall impose no obligation to provide such information, they may not be disclosed, in accordance with national law, or the disclosure of which would endanger national security or to the physical protection of nuclear material. 4. Member States shall inform the Secretary-General of the United Nations of their competent authorities and the contact points, which are responsible for the information listed in this article, sending and receiving. The Secretary-General of the United Nations shall transmit the following information concerning the competent authorities and contact points in all Member States and the International Atomic Energy Agency. The following authorities and the contact points must be permanently available. Article 8 in order to prevent criminal offences in accordance with this Convention, Member States shall make every effort to make appropriate provisions ensuring the protection of radioactive material, subject to the The recommendations of the International Atomic Energy Agency. 1. Article 9 each Member State shall implement such measures as may be necessary to establish its jurisdiction with regard to offences set out in article 2, in the following cases: (a) a criminal offence is committed in the territory of the country; or (b) a criminal offence is committed on board a vessel, which is flying its flag or aircraft registered under the laws of that State at the time when the criminal offence is committed; or (c) the criminal offence is committed by a citizen of that country. 2. a Member State may determine its jurisdiction of any such criminal offence if: (a) a criminal offence is committed against a national of that State; or (b) a criminal offence is committed against the State or Government facilities abroad, including that country's Embassy or other diplomatic or consular premises; or (c) a criminal offence is committed by a stateless person whose principal residence is in the territory of the country; or (d) a criminal offence is committed with an attempt to compel that State to do something or to refrain from performing an action; or (e) a criminal offence is committed on an aircraft that is operated by the Government of that country, onboard. 3. When ratifying, accepting, approving or acceding to this Convention, each Member State shall inform the Secretary-General of the United Nations of the jurisdiction it has established in accordance with its national regulations, according to paragraph 2 of this article. Changes in the State concerned shall immediately inform the Secretary-General. 4. each Member State shall also take such measures as may be necessary to establish jurisdiction over the offences set forth in article 2 in cases where the suspect is located in its territory, and that State does not issue any of those persons from the Member States which have established their jurisdiction in accordance with paragraph 1 or paragraph 2. 5. This Convention does not preclude the use by Member States of criminal jurisdiction is determined in accordance with their national laws. 10. Article 1. Receive information that a criminal offence defined in article 2, it has been or is being committed in the territory of a Member State or a person who has committed or suspected of such an offence, it is located in the territory of the country, the Member State concerned shall take all necessary measures in accordance with its national laws, to investigate the facts contained in this information. 2. Making sure that the circumstances it is approved, the Member State in whose territory the offender or suspected person, shall take all necessary measures in accordance with its national regulations to ensure that the detention of the person for the transfer of prosecution or extradition. 3. all persons who are targeting this article in specific actions, have the right to: (a) communicate without delay with the country whose citizen that person is or is otherwise entitled to protect that person's rights, the nearest suitable representation, or, if that person is a stateless person, the State in which that person ordinarily resident in, a representation; (b) to meet with a representative of that State; (c) obtain information on their rights under (a) and (b). 4. the rights set out in paragraph 3 of this article are applicable in accordance with the State in whose territory the offender or suspected person, the rules and regulations, subject to this Act and the rules must be able to fully meet the objectives which it is intended that legislation laid down in accordance with paragraph 3. 5. in This article and the provisions of paragraph 4 shall in no way prejudice the Member State's claim to jurisdiction in accordance with article 9, paragraph 1 (c) or paragraph 2 (c), to invite the International Committee of the Red Cross to communicate and meet with the suspects. 6. If a Member State in accordance with this article are arrested persons, it must immediately either directly or through the Secretary-General of the United Nations should inform the Member States that have established jurisdiction in accordance with article 9, paragraph 1 and 2, and, if it considers it desirable, other interested Member States, the fact that the person has been arrested, and of the circumstances which justify the detention of this person. The State carrying out the examinations provided for in paragraph 1 of this article, shall immediately inform the Member States concerned of the results of the investigation and shall indicate whether it intends to exercise its jurisdiction. Article 11 1. The Member State on whose territory the suspect, in cases covered by article 9, if it fails, that person is obliged without exception and regardless of whether the criminal offence was committed in its territory, without delay, refer the case to their competent authorities to initiate prosecution, using procedures under their national legislation. These authorities are to be decided in the same way as they would if the situation would apply to other crimes under the laws of this State. 2. In the event of a Member State in accordance with its national regulations may be issued or otherwise abandon one of your citizens only on condition that the person will be returned to this country, served punishment, what does it set for a court or a process that this person did, and if this country and the State requesting the extradition, agrees with this option and other appropriate conditions, such a conditional extradition is sufficient to comply with the obligation laid down in paragraph 1 of this article. Article 12 any person who is detained or to which are made for other measures or proceedings under this Convention shall be guaranteed fair treatment, including all the rights and guarantees provided for by the legislation of the State in whose territory that person resides, and where applicable the terms of international law, including international human rights. Article 13 1. Offences defined in article 2, are considered the offences for which extradition may apply, in all the treaties on extradition between any Member States before the entry into force of this Convention. Member States undertake to include such offences as offences for which extradition may apply, in all contracts for the issue, which is concluded between them later. 2. In the event the Member State carrying out the extradition on condition that the contract has been concluded on extradition, receives a request for extradition from another Member State with which it has an agreement on extradition, the Member State that received the request may, at its discretion, consider this Convention as the legal basis for extradition in respect of offences specified in article 2. The issue is dependent on other conditions as determined by the State that received the request, the legislation. 3. Those Member States which provides that extradition is conditional on the existence of the Treaty, recognises in article 2 a criminal offence prescribed in those for which extradition may be applied under conditions which shall be laid down in its national law, which has received the request. 4. If necessary, criminal offences laid down in article 2, the Member State of issue the meaning between the considered, made not only in the place where they occurred, but also in the territories of the countries which have established their jurisdiction in accordance with article 9 1 and 2. 5. The Treaty and the agreement on extradition between Member States of the conditions relating to the offences defined in article 2, are considered to be amended to such an extent, as they do not conform to this Convention. 1. Article 14 Member States shall give each other the maximum assistance in connection with the investigation or prosecution or extradition procedures that are performed in relation to article 2 establishes criminal offences, including the assistance of evidence they hold and which are necessary for the process. 2. Member States shall carry out their obligations under paragraph 1 of this article under contracts and other agreements on mutual legal assistance that may exist between them. In the absence of such contract or agreement, the Member States shall give each other assistance in accordance with their national laws. Article 15 article 2 none of the offences set out in the extradition or mutual legal assistance purposes is not considered a political offence or an offence connected with a political crime or a crime caused by political motives. Consequently, a request for extradition or mutual legal assistance on this type of offence may not be refused solely on the basis that this situation is related to a political offence or an offence connected with a political crime or a crime caused by political motives. Article 16 nothing in this Convention shall be construed so that it imposed an obligation to execute the request for extradition or legal assistance, if the Member State which has received a request, there is reason to believe that the extradition request on article 2 establishes criminal offences or the request for mutual legal assistance for such offences are committed to prosecution or punish a person on the basis of that person's race, religion , nationality, ethnic origin or political opinion, and that the execution of the request would worsen the situation of the person's position in one of the following specified reasons. 17. Article 1. Person who is detained or serving sentences in the territory of one Member State, and the presence of which on the territory of another Member State is required to provide testimony, identification or otherwise made to provide assistance in obtaining evidence in connection with the offences specified in the Convention for an investigation or prosecution can pass if the following conditions are met: (a) the Person freely gives informed consent, then your; and (b) both competent authorities agree, subject to such conditions as those States consider appropriate. 2. for the purposes of this article: (a) the State to which that person is transferred, powers and duties to hold that person in custody, unless the State from which that person has been surrendered, has requested or approved by the other; (b) the State to which the person is transferred, must immediately comply with its obligation to return the person to the country from which the person was put in action, as these countries previously agreed, or take other actions, as agreed by the two countries ' competent authorities; (c) the State to which the person is transferred shall not require the State to which the person charged, extradition procedure to the person passed away; (d) the Person transferred, the time that is spent in the country to which the fee, including the time of the sentence in the country of that person's duties. 3. Except where the Member State from which the person is transferred in accordance with this article so agrees, that person, whatever its nationality must not be subjected to prosecution, detention or subjected to other forms of personal freedom for the control of the State to which that person a fee in connection with the transactions and charges before the person's departure from the country from which the person fee areas. Article 18 1. Seizing or otherwise taking over the control of radioactive material, devices or nuclear, by article 2 establishes the criminal offence was committed in a Member State, which has reached the following objects: (a) take steps to neutralise the radioactive material, devices or nuclear; (b) ensure that all nuclear material is stored in accordance with the relevant International Atomic Energy Agency safety rules; and (c) comply with physical protection recommendations and health and safety standards published by the International Atomic Energy Agency. 2. After the process associated with the article 2 offences, completion, or sooner, if determined by international law, any radioactive material, devices or nuclear sites are following consultations (in particular in relation to the return and the practical aspects of storage) with the participating countries return to the Member State to which they belong, to the Member State where the natural or legal person owning such radioactive material, device or object , is a citizen or permanent resident, or the Member State from whose territory they were stolen or otherwise unlawfully obtained. 3. (a) where a Member State national, or international law prevents the return or accept such radioactive material, devices or nuclear sites, or if the participating Member States so agree pursuant to paragraph 3 of this article, (b), the Member State is in the radioactive materials, devices or nuclear, continue to take the steps described in paragraph 1; such radioactive material, devices and nuclear for may be used only for peaceful purposes. (b) if the Member State which is located at the disposal of the radioactive material, devices or nuclear, it shall not be lawful to keep this country, ensure that they are released as soon as possible the national action, which can legally be stored and applied in a way which has provided evidence relevant to this article, after consultation with the country to ensure the safety of these things; such radioactive material, devices and nuclear may be used only for peaceful purposes. 4. If the radioactive material, devices or nuclear, which is specified in 1 and 2 of this article, do not belong to any of the Member States or any national of a Member State or a permanent resident, and they are not stolen or otherwise unlawfully obtained from the territory of one of the Member States, or if none of the countries don't want to accept the following items in accordance with paragraph 3 of this article, it is necessary to adopt a separate decision on the action with these sites pursuant to paragraph 3 of this article, (b), after consultation with the States concerned and relevant international organisations. 5. this paragraph 1., 2., 3., and for the purposes of paragraph 4, the Member State in which the action contains the radioactive material, devices or nuclear sites, may require the cooperation and assistance of the other Member States concerned, as well as relevant international organisations, in particular the International Atomic Energy Agency. Member States and the relevant international organizations are invited to provide assistance in accordance with this paragraph to the maximum extent appropriate. 6. Member States which have involved radioactive material, and disposal or storage of nuclear sites in accordance with this article, shall inform the Director-General of the International Atomic Energy Agency about the manner in which the object is disposed of or stored. The Director-General of the International Atomic Energy Agency to pass on this information to the other Member States. 7. Exhaust case in relation to article 2 of the criminal offence defined in nothing in this article shall in no way affect the international law that determines liability for nuclear damage, as well as other provisions of international law. Article 19 the Member State in which the prosecution against suspects, according to their national laws and regulations and the relevant procedures shall notify the results of the proceedings to the Secretary-General of the United Nations, who shall refer the information to the other Member States. Article 20 Member States shall conduct mutual consultations directly or through the Secretary-General of the United Nations, with international organizations, if it is necessary to ensure the effective implementation of this Convention. Article 21 Member States fulfil their obligations under this Convention in a manner that is appropriate for the sovereign equality of States and the principle of territorial integrity, as well as non-interference in other countries ' internal affairs. Article 22 nothing in this Convention shall entitle a Member State to exercise within the territory of another Member State to execute its jurisdiction and that the function is the exclusive authorities of that other Member State in accordance with the mandate of the national regulations. 23. Article 1. Any dispute between two or more parties about the interpretation or application of the Convention, which is not possible in a reasonable period of time to resolve by negotiation shall, at the request of one country are submitted to the Tribunal. If within six months from the date of submission of the request for arbitration, the parties are unable to agree on the Organization of the arbitration, any of those parties may refer the dispute to the International Court of Justice, submitting the application according to the Statute of the Court of Justice. 2. for any State signing this Convention by an instrument of ratification, acceptance or approval of, or accession to this Convention, declare that it does not consider this article about binding. Other Member States this article is binding in respect of the Member State which has adopted the following disclaimer. 3. any State which has established a reservation in accordance with paragraph 2 of this article may at any time withdraw it by informing the Secretary-General of the United Nations. 24. Article 1. this Convention is opened for signature by all States from 14 September 2005 until 31 December 2006 the United Nations Headquarters in New York. 2. this Convention is subject to ratification, acceptance or approval. Instruments of ratification, acceptance and approval must be submitted to the Secretary-General of the United Nations. 3. This Convention shall be open for accession by any State. The instruments of accession shall be submitted to the Secretary-General of the United Nations. 25. Article 1 this Convention shall enter into force on the thirtieth day after the date on which the Secretary-General of the United Nations is submitted to the twenty-second instrument of ratification, acceptance, approval or accession. 2. In respect of those States which ratify, accept or approve or accede to the Convention after it has been submitted to the twenty-second instrument of ratification, acceptance, approval or accession, this Convention shall enter into force on the thirtieth day after the date on which that State has submitted its instrument of ratification, acceptance, approval or accession. 26. Article 1. a Member State may propose amendments to the Convention. The proposed amendment must be submitted to the depositary, who shall promptly circulate to all Member States. 2. If a majority of Member States require that the depositary convened a Conference to discuss the proposed amendments, the depositary shall invite all Member States to participate in such a Conference, which may take place no sooner than three months after the date of such invitation. 3. The Conference will be made every effort to ensure amendments are adopted by unanimous decision. If this is not possible, the amendments are accepted by a two-thirds majority of all Member States. All the amendments adopted at the Conference, the depositary shall promptly circulate to all Member States. 4. an amendment adopted in accordance with paragraph 3 of this article, take the ability for each Member State, which shall submit their instruments of ratification, acceptance, approval or accession, the amendment on the thirtieth day from the date on which two thirds of the signatory countries have submitted their respective documents. Then the amendment shall enter into force in respect of each Member State on the thirtieth the day after this country has submitted their respective document. Article 27 1. any Member State may denounce this Convention by written notification to the Secretary-General of the United Nations. 2. Denunciation shall take effect one year after the United Nations, the Secretary-General has received the following statement. Article 28 of the Convention, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, the original being handed to the Secretary-General of the United Nations, who shall send certified copies thereof to all States. Demonstrating here, undersigned, which is duly authorised by the Government, have signed this Convention, opened for signature by the United Nations Headquarters in New York on 14 September 2005.