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Act No. 2006-28 August 7, 2006

Original Language Title: Loi n° 2006-28 du 7 août 2006

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LAW

Act No. 2006-28 of 7 August 2006

Act No. 2006-28 of 7 August 2006 authorizing the President of the Republic to ratify the Treaty on the Free Zone of Nuclear Weapons in Africa (Treaty of PELINDABA), signed in Cairo, Egypt, on 11 April 1996.

[|LAYS OUT PATTERNS |]

At its first regular session, held in Cairo from 17 to 21 July 1964, the Conference of Heads of State and Govrenement of the Organization of African Unity (OAU) adopted the important Declaration on the Denuclearization of Africa.

On that occasion, African leaders solemnly declared themselves ready to commit, through an International Agreement to conclude under the auspices of the United Nations, not to manufacture or control nuclear weapons.

In this context, the UN General Assembly, in its Resolution 3472 B (XXX) of 11 December 1975, considered nuclear-weapon-free zones as one of the most effective means of preventing proliferation Horizontal than vertical nuclear weapons.

African States, convinced that the establishment of the African continent in the nuclear-weapon-free zone would contribute to the strengthening of the non-proliferation regime, promote cooperation in the peaceful uses of To promote general and complete disarmament and to promote regional and international peace and security, decided to conclude, on 11 April 1996 in Cairo (Egypt), the international legal instrument known as the Treaty of Pelindaba.

Through this Treaty, the States Parties undertake not to undertake research, not to develop, manufacture, store or otherwise acquire control over any nuclear explosive device.

And within the framework of their efforts to enhance their security, stability and development, the African States concerned undertake to promote individually and collectively, the use of nuclear energy for the Economic and social development.

To this end, they undertake to establish and strengthen cooperation mechanisms at the bilateral, subregional and regional levels.

The International Atomic Energy Agency (IAEA) is ready to give them all the necessary assistance they need.

In order to ensure compliance with the commitments they have made under this Treaty, the Contracting States have established an African Energy Commission to ensure the proper functioning of the Institution.

Any dispute concerning the interpretation of the Treaty shall be settled by negotiation, by reference to the Commission or by any other procedure decided by the States Parties: recourse to an arbitral tribunal or to the International Court of Justice.

The Treaty cannot be the subject of reservations.
In accordance with the provisions of Article 17 of the Treaty, it is concluded for an unlimited period.
It shall enter into force after the deposit with the African Union of the twenty-eighth (28th) instrument of ratification.

This is the economy of this bill.

The National Assembly adopted, at its meeting on Friday, 21 July 2006;

The President of the Republic enacts the following legislation:

Sole Article. - The President of the Republic is authorized to ratify the Treaty on the Nuclear-Weapon-Free Zone in Africa (Treaty of PELINDABA), signed in Cairo (Egypt) on 11 April 1996.

This Law shall be enforced as the law of the State.

[/Done at Dakar, 7 August 2006.

Abdoulaye WADE.

By the President of the Republic:

The Prime Minister,

Macky SALL ./]

[|DEALS WITH THE NUCLEAR-WEAPON-FREE ZONE IN AFRICA |]

The Parties to this Treaty

Guided by the Declaration on the Denuclearization of Africa, adopted by the Conference of Heads of State and Government of the Organization of African Unity (hereinafter the OAU) at its first regular session, held in Cairo from 17 to 21 July 1964 AHG/Res. 11 (1) in which they solemnly declared their willingness to enter into an international agreement to conclude under the auspices of the United Nations not to manufacture or control nuclear weapons;

Guided by resolutions (CM/Res. 1342 (LIV) and CM/Res 1395 (LVI), adopted by the Council of Ministers of the OAU at its fifty-fourth and fifty-sixth ordinary sessions, held respectively in Abuja from 27 May to 1 June 1991 and in Dakar from 22 to 28 June 1992, in which The Council expressed its conviction that the development of the international situation was conducive to the implementation of the Cairo Declaration, as well as the relevant provisions of the OAU Declaration of 1986 on security, disarmament and Development in Africa;

Recalling General Assembly resolution 3472 B (XXX) of 11 December 1975, in which it considered that nuclear-weapon-free zones constituted one of the most effective ways of preventing nuclear weapons, Both horizontal and vertical proliferation of nuclear weapons;

Convinced of the need to do nothing to achieve the ultimate goal of achieving a world entirely free of nuclear weapons, as well as the obligation of all States to contribute to achieving it;

Convinced also that the nuclear-weapon-free zone in Africa will contribute significantly to the strengthening of the non-proliferation regime, to promote cooperation in the peaceful uses of nuclear energy, to promote the General and complete disarmament and regional and international peace and security;

Conscious of the fact that regional disarmament measures contribute to global disarmament;

Convinced that the nuclear-weapon-free zone in Africa will protect African States from possible nuclear attacks against their territories;

Noting with satisfaction that there are already nuclear-weapon-free zones and that the establishment of other zones, including in the Middle East, would enhance the security of States parties to the Treaty on a nuclear-weapon-free zone in Africa;

Reaffirming the importance of the Treaty on the Non-Proliferation of Nuclear Weapons (hereinafter referred to as the NPT) and the need for the implementation of all provisions;
Wishing to benefit from the provisions of Article IV of the NPT, which recognizes the inalienable right of all parties to the Treaty to develop research, production and use of nuclear energy for peaceful purposes without discrimination, Facilitate the widest possible exchange of scientific and technological equipment, materials and information for these purposes;

Resolved to promote regional cooperation
For the development and practical applications of nuclear energy for peaceful purposes, in the interests of the sustainable social and economic development of the African continent;

Determinated to protect the environment of Africa from radioactive waste and other radioactive materials;

Welcoming the cooperation of all States and governmental and non-governmental organizations in the pursuit of these objectives;

Have decided to create a nuclear-weapon-free zone in Africa by this Treaty and agreed as follows:

Article 1. - Definition, use of terms

For the purposes of this Treaty and its Potocoles:

(a) " Nuclear Weapon Free Zone in Africa " The territory of the African continent, the island States members of the OAU and all the islands
The Organization of African Unity, in its resolutions, regards as part of Africa;

(b) " Territory " Land, inland waters, territorial sea and archipelagic waters, and the underlying airspace and seabed and subsoil;

(c) " Nuclear explosive device " Any nuclear weapon or explosive device capable of
To free up nuclear energy, regardless of the end to which it could be used. This term covers such weapons or devices in the form of
Not assembled or partially assembled, but
Does not cover the means of transport or means of delivery of such weapons or devices if they can be separated from them and are not an indivisible part thereof;

(d) " Parking " Location, installation, transportation on land or in inland waters, storage, shopping, installation and deployment;

(e) " Nuclear facilities " Power reactors and research reactors, installations, reviews, conservation plants, fuel production, reprocessing and isotopic separation facilities and separate storage facilities, As well as any other installation or site containing new or irradiated nuclear materials, as well as facilities where significant quantities of radioactive material are stored;

(f) " Nuclear material " The raw materials and special fissile materials as defined in Article XX of the International Atomic Energy Agency (IAEA) Statute as amended from time to time by the IAEA.

Article 2. - Implementation of the Treaty

Unless otherwise specified, this Treaty and its Protocols shall apply to the territory within the nuclear-weapon-free zone of Africa as shown on the map in Annex 1.

(2) The provisions of this Treaty shall be without prejudice to the rights of any State relating to the freedom of navigation at sea, and the exercise of such rights, and shall in no way affect them.

Article 3. - Waiver of devices
Nuclear explosive

Each Party undertakes:

(a) not to undertake research, not to develop, manufacture, store or otherwise acquire, possess or control any nuclear explosive device by any means or anywhere;

(b) not to seek or receive any assistance for the research, development, manufacture, stockpiling, acquisition or possession of any nuclear explosive device;

(c) to refrain from any act intended to assist or encourage the research, development, manufacture, stockpiling, acquisition or possession of any nuclear explosive device.

Article 4. - Prohibition of parking of nuclear explosive devices

Each Party undertakes to prohibit the parking and any nuclear explosive devices on its territory.

2. Without prejudice to the purposes and objectives of the Treaty, each party shall remain free, in the exercise of its sovereign rights, to decide by itself whether or not to authorise the entry of foreign ships and aircraft into its ports and airports, the crossing of its Airspace by foreign aircraft, and the navigation of foreign vessels in its territorial sea or archipelagic waters, in cases which are not covered by the right of safe passage, archipelagic or transit passage through a Strait.


Article 5. -
Prohibition of the testing of nuclear explosive devices

Each Party undertakes:

(a) not to test any nuclear explosive device;

(b) to prohibit the testing on its territory of nuclear esplosive devices;

(c) to refrain from any act intended to assist or encourage the testing of any nuclear explosive device by any State or anywhere.

Article 6. - Declaration, disassembly, destruction
Or conversion of nuclear explosive devices
And manufacturing facilities for manufacturing

Each Party undertakes:

(a) to declare any means available to it for the manufacture of nuclear explosive devices;
(b) to dismantle and destroy any nuclear explosive device that it would have manufactured before the entry into force of this Treaty;

(c) destroy facilities for the manufacture of nuclear explosive devices or where such
Is possible to transform them for peaceful purposes;

(d) to authorize the International Atomic Energy Agency (hereinafter referred to as the IAEA) and the Commission established by Article 12 to verify the processes for the dismantling and destruction of nuclear explosive devices, as well as the destruction or Conversion of facilities by allowing production.

Article 7. - Prohibition of the dumping of radioactive waste

Each Party undertakes:

(a) to implement effectively the provisions of the Bamako Convention on the Prohibition of the Import of Hazardous Wastes into Africa and the Control of Their Transboundary Movements to the extent that they apply to radioactive waste Or to guide these provisions;

(b) to refrain from any act aimed at assisting or encouraging the dumping of radioactive waste and other radioactive material anywhere within the nuclear-weapon-free zone of Africa.

Article 8. - Peaceful nuclear activities

Nothing in this Treaty shall be construed as prohibiting the use of nuclear science and technology for peaceful purposes.

2. In the context of their efforts to enhance their security, stability and development, the Parties undertake to promote, individually and collectively, the use of nuclear energy for development Economic and social. To this end, they undertake to establish and strengthen cooperation mechanisms at the bilateral, subregional and regional levels.

3. The Parties are encouraged to use the assistance programme offered by the IAEA and, in this context, to strengthen cooperation under the Regional Cooperation Agreement for Africa on Research, Development and Training in The field of nuclear science and technology (hereinafter AFRA).

Article 9. - Verification of peaceful uses

Each Party undertakes:

(a) to conduct all peaceful uses of nuclear energy in accordance with strict non-proliferation measures to ensure that materials are used exclusively for peaceful purposes;

(b) to enter into a comprehensive safeguards agreement with the IAEA for verification of compliance with the undertakings referred to in paragraph (a) of this article;

(c) not to supply raw materials or special fissile materials or equipment or equipment specially designed and prepared for the treatment, use or manufacture of special fissile material for peaceful purposes in any non-weapon State Nuclear, if not in accordance with a comprehensive safeguards agreement with the IAEA.

Article 10. - Physical protection of nuclear materials and facilities

Each Party shall adhere to the highest standards of safety and effective physical protection of nuclear materials, facilities and equipment in order to prevent theft or unauthorized use or manipulation. To this end, each Party shall become engaged in the application of physical protection measures providing protection equivalent to that provided for in the Convention on the Physical Protection of Nuclear Material and in the guidelines for International transfers (protection of materials) developed for this purpose by the IAEA.

Article 11. - Prohibition of armed attacks on nuclear installations.

Each Party undertakes not to take, facilitate or encourage any measure aimed at armed attack, by conventional or other means, against nuclear installations within the nuclear-weapon-free zone of Africa.

Article 12. - Monitoring compliance with commitments

With a view to ensuring compliance with the commitments they have made under this Treaty, the Parties agree to establish the African Nuclear Energy Commission (hereinafter referred to as the Commission) in accordance with the modalities set out in Annex III.

2. The Commission will be responsible for:

(a) collate the reports and exchanges of information provided for in the article;

(b) to organize the consultations provided for in Annex IV, and to convene Conferences of the Parties, if a simple majority of the Parties consents, on any matter to which the application of the Treaty would give rise;

(c) to consider the application of IAEA safeguards to peaceful nuclear activities, as provided for in annex II;

(d) initiate the complaint procedure set out in Annex IV;

(e) To encourage regional cooperation programmes in the peaceful uses of nuclear science and technology;

(f) to promote international cooperation with States outside the zone for the peaceful uses of nuclear science and technology.

The Commission shall meet in ordinary session once a year, and may meet in extraordinary session as often as required by the complaint and dispute resolution procedure set out in Annex IV.

Article 13. - Reporting and exchange of information

Each Party shall submit to the Commission an annual report on its nuclear activities and on any other matters of interest to the Treaty in the forms defined by the Commission.

(2) Each Party shall notify the Commission without delay of any adverse events relating to the implementation of the Treaty.
The Commission will ask the IAEA for an annual report on the activities of AFRA.

Article 14. - Conference of the Parties

The Depositary shall convene a Conference of the Parties as soon as possible after the entry into force of the Treaty, in order in particular to elect the members of the Commission and to choose its seat. Thereafter, conferences of the Parties shall be held as necessary, but at least every two years, and in the cases provided for in Article 12, paragraph 2 (b).

2. The Conference of the States Parties shall adopt the budget of the Commission and the scale of assessments that they have to pay.

Article 15. - Interpretation of the Treaty

Any dispute arising from the interpretation of the Treaty shall be settled by negotiation, by reference to the
Commission or by any other procedure agreed by the Parties, which may include the use of a court or the International Court of Justice.

Article 16. - Reservations

This Treaty shall not be subject to reservations.

Article 17. - Duration

This Treaty shall have an unlimited duration and shall remain in force for an indefinite period.

Article 18. - Signature, ratification and entry into force

(1) This Treaty shall be open for signature by any State in the nuclear-weapon-free zone of Africa. It is subject to ratification.

(2) This Treaty shall enter into force on the date of the deposit of the twenty eighth instrument of ratification.

(3) For a signatory ratifying this Treaty after the date of deposit of the twenty-eighth instrument of ratification, the Treaty shall enter into force on the date of the deposit of its instrument of ratification.

Article 19. - Amendments

Any amendment to the Treaty proposed by a Party shall be submitted to the Commission, which shall communicate it to all Parties.

2. Any decision on the adoption of an amendment shall be taken by a two-thirds majority of the Parties obtained either by written communication to the Commission or by a Conference of the Parties meeting on the consent of the simple majority of the Parties.

3. Any amendment thus adopted shall enter into force for all Parties when the Depositary has received the instrument of ratification of the majority of the Parties.

Article 20. - Withdrawing

1. Each Party, in the exercise of its national sovereignty, shall have the right to withdraw if it decides that extraordinary events, having a connection with the content of the Treaty, have compromised its supreme interests.

2. Withdrawal shall be made by sending to the Depositary, with twelve months' notice, a notification which shall include a statement of the extraordinary events which the State Party considers to have compromised its supreme interests. The Depositary shall communicate this notification to all other Parties.

Article 21. - Duties of Depositary

(1) This Treaty, whose English, Arabic, French and Portuguese texts are equally authentic, shall be deposited with the Secretary-General of the Organization of African Unity, who shall be designated as the Depositary of the Treaty.

2. The Depositary:

(a) receives the instruments of ratification;

(b) registers this Treaty and its Protocols in accordance with Article 102 of the Charter of the United Nations.

(c) address a certified copy of the Treaty and its Protocols to all States in the nuclear-weapon-free zone of Africa and to all States in the right to become a Party to the Protocols of the Treaty and inform them of the signatures and ratifications of the Treaty and its Protocols.

Article 22. - Status of annexes

The Annexes are an integral part of this Treaty. Any reference to this Treaty shall also apply to the Annexes.
In witness whereof, the undersigned, being duly authorized by their respective Governments, have signed this Treaty.

[|ANNEX II

INTERNATIONAL ATOMIC ENERGY AGENCY SAFEGUARDS |]

The guarantees referred to in Article 9 (b) shall be applied by the International Atomic Energy Agency in respect of each State Party, as stipulated in a negotiated and concluded agreement with the IAEA concerning all raw materials or Any special fissile material in all nuclear activities carried out on the territory of that State under its jurisdiction or under its control in any place.

2. The agreement referred to in paragraph 1 above shall be in accordance with that required by the Treaty on the Non-Proliferation of Nuclear Weapons (INFCIRC/153), or equivalent in scope and effect.

Any party that has already entered into a safeguards agreement with the IAEA is deemed to have met this requirement. Each Party shall take all necessary measures to ensure that such an agreement is effectively in force in respect of the Parties eighteen months after the date of entry into force of this Treaty for
This state.

3. For the purposes of this Treaty, the safeguards referred to in paragraph 1 of this annex shall be aimed at verifying that nuclear material is not diverted from peaceful nuclear activities to the manufacture of devices Nuclear explosive or for unknown purposes.

4. In accordance with Article 13, each Party shall include in its annual report to the Commission, for information and consideration, a copy of the general conclusions of the most recent IAEA report on its inspection activities in the territory of The Party concerned and shall promptly notify the Commission of any changes to those findings. The information provided by a Contracting Party shall not be disclosed or communicated, in whole or in part, to third parties by the addressees of the reports unless that Party expressly consents to it.

[|ANNEX III

AFRICAN COMMISSION ON NUCLEAR ENERGY |]

The Commission established in Article 12 will have 12 members, elected by the Parties to the Treaty for a period of three years, taking into account the need to ensure equitable geographical distribution and to represent programme members Advanced nuclear power. Each member proposes a selected candidate on the basis of his or her competence in relation to the subject matter of the Treaty.

2. The Bureau of the Commission shall be composed of the President, the Vice-President and the Executive Secretary. The Commission shall elect its President and Vice-Chairperson. The Executive Secretary of the Commission shall be appointed by the Secretary-General of the Organization of African Unity at the request of the Parties and in consultation with the President. At the first meeting the quorum shall be the representatives of two thirds of the members of the Commission. The Commission shall take its decisions at this meeting by consensus as far as possible, or by a two-thirds majority of the members of the Commission. It adopted its rules of procedure at that meeting.

3. The Commission shall define the arrangements under which States shall report to the Commission as provided for in Articles 12 and 13.

4. (a) the budget of the Commission, including the cost of the inspections provided for in Annex IV to this Treaty, shall be borne by the Parties to the Treaty, according to a scale of assessments by the Parties.

(b) The Commission is also empowered to accept additional funds from other sources, provided that such contributions are consistent with the aims and objectives of the Treaty.

[|ANNEX IV

COMPLAINT PROCEDURE AND DISPUTE RESOLUTION |]

(1) Any Party that considers that it has grounds for a complaint as a result of a failure by another Party or a Party to Protocol III to its obligations under this Treaty shall bear the matter which is the subject of the complaint to The other Party's attention and leave it thirty days to provide an explanation and resolve the matter. This procedure may include technical inspections agreed between the Parties.

2. If the matter is not resolved, the complaining Party may refer the matter to the Commission.

3. Taking into account what has been done in accordance with paragraph 1 above, the Commission will give forty-five days to the Party complained against to provide an explanation.

4. If, after having considered the explanation provided to it by the representatives of the Party complained against, the Commission decides that the complaint is sufficiently substantiated to justify an inspection in the territory of that Party or On the territory of a Party to Protocol III, it will ask the IAEA to carry out this inspection as soon as possible. The Commission may also designate representatives to accompany the IAEA inspection team:

(a) the application shall indicate the subject matter of that inspection and any requirements relating to its confidentiality;

(b) if the Party complained against so requests, the inspection team shall be accompanied by representatives of that Party, on the understanding that the inspectors shall not be delayed or otherwise impeded in the exercise of their Functions;

(c) Each Party shall permit the inspection team to have full and free access to all sources of information and to all places within its territory to which the inspectors will be required to have access to carry out the inspection;

(d) the Party complained against shall take all necessary measures to facilitate the work of the inspection team and shall grant the inspectors the same privileges and immunities as those set out in the relevant provisions of the The Agreement on Privileges and Immunities of the International Atomic Energy Agency;

(e) The IAEA shall report to the Commission in writing and as soon as possible, setting out its activities, indicating the facts and information which may have been verified, with evidence and supporting documents, and in formulating its Conclusions. The Commission shall send to all States Parties to the Treaty a comprehensive report with its decision on whether the Party complained against has failed to fulfil its obligations under this Treaty;

(f) if the Commission considers that the Party complained of has failed to fulfil its obligations under this Treaty, or that the preceding provisions have not been complied with, the States Parties shall meet in extraordinary session for Discuss the issue;

(g) The States Parties in extraordinary session may, as appropriate, make recommendations to the Party deemed to have failed to fulfil its obligations and to the Organization of African Unity. The latter may, where appropriate, refer the matter to the Security Council of the United Nations;

(h) the expenses incurred by the procedure set out above shall be borne by the Commission. In the event of abuse, the Commission will decide whether financial implications should be borne by the requesting State Party.

5. The Commission may also establish its own inspection mechanisms.

[|PROTOCOL I

The Parties to this Protocol, |]

Convinced of the need to do nothing to achieve the ultimate goal, namely a world
Entirely free of nuclear weapons, and
The obligation of all States to contribute to the realization thereof;

Convinced also that the Treaty on a Nuclear-Weapon-Free Zone in Africa; negotiated and signed in accordance with the 1964 Declaration on the Denuclearizing of Africa (AHG/Res.11 (1), resolutions CM/Res.1342 (LIV) of 1992 and CM/Res. 1395 (LVI) Rev. 1 of 1992 of the Council of Ministers of the Organization of African Unity, and of United Nations General Assembly resolution 48/86 of 16 December 1993, will contribute significantly to the non-proliferation of weapons To promote cooperation in the peaceful uses of nuclear energy, to promote general and complete disarmament and to enhance regional and international peace and security;

Wishing to contribute in all appropriate ways to the effectiveness of the Treaty,

Have agreed as follows:

Article 1.

Each Party to the Protocol undertakes not to use or threaten to use a nuclear explosive device against:

(a) the Parties to the Treaty; or

(b) any territory within the nuclear-weapon-free zone of Africa as defined in Annex I, of which a State which has become a Party to the Protocol shall be responsible at international level.
Article 2.

Each Party to the Protocol undertakes not to contribute to any act constituting a violation of the Treaty or this Protocol.

Article 3.

Each Party to the Protocol undertakes, by written notification addressed to the Depositary, to indicate whether or not it accepts any modification of its obligation under this Protocol that would result from the entry into force of an amendment to the Treaty In accordance with Article 19 thereof.

Article 4.

This Protocol shall be open for signature by China, the United States of America, the Russian Federation, France and the United Kingdom of Great Britain and Northern Ireland.

Article 5.

This Protocol shall be subject to ratification.

Article 6.

This Protocol shall be of a permanent nature and shall remain in force indefinitely, on the understanding that each Party, in the exercise of its national sovereignty, shall have the right to denounce it if it decides that extraordinary events, relating to To the question he is wearing, have compromised his supreme interests. It shall notify its intention to denounce it to the Depositary on 12 months' notice, setting out the extraordinary events which it considers to have compromised its interests
Supreme.

Article 7.

This Protocol shall enter into force in respect of each State on the date of the deposit of its instrument of ratification with the Depositary, or on the date of entry into force of the Treaty if it is later.

In witness whereof the undersigned, being duly authorized by their respective Governments, have signed this Protocol.

[|PROTOCOL II

The Parties to this Protocol, |]

Convinced of the need to do nothing to achieve the ultimate goal, namely a world
Entirely free of nuclear weapons, and
The obligation of all States to contribute to the realization thereof;

Convinced also that the Treaty on a Nuclear-Weapon-Free Zone in Africa; negotiated and signed in accordance with the 1964 Declaration on the Denuclearizing of Africa (AHG/Res.11 (1), resolutions CM/Res.1342 (LIV) of 1992 and CM/Res. 1395 (LVI) Rev. 1 of 1992 of the Council of Ministers of the Organization of African Unity, and of United Nations General Assembly resolution 48/86 of 16 December 1993, will contribute significantly to the non-proliferation of weapons To promote cooperation in the peaceful uses of nuclear energy, to promote general and complete disarmament and to enhance regional and international peace and security;

Wishing to contribute in all appropriate ways to the effectiveness of the Treaty,

Bearing in mind the objective of concluding a Comprehensive Nuclear-Test-Ban Treaty,

Have agreed as follows:

Article 1.

Each Party to the Protocol undertakes not to test any nuclear explosive device in any place in the nuclear-weapon-free zone of Africa, nor to assist or encourage such testing.

Article 2.

Each Party to the Protocol undertakes not to contribute to any act constituting a violation of the Treaty or this Protocol.

Article 3.

Each Party to the Protocol undertakes, by written notification addressed to the Depositary, to indicate whether or not it accepts any modification of its obligation under this Protocol that would result from the entry into force of an amendment to the Treaty In accordance with Article 19 thereof.

Article 4.

This Protocol is open for signature by China, the United States of America, the Russian Federation, France and the United Kingdom of Great Britain and Northern Ireland.

Article 5.

This Protocol shall be subject to ratification.

Article 6.

This Protocol shall be of a permanent nature and shall remain in force indefinitely, on the understanding that each Party, in the exercise of its national sovereignty, shall have the right to denounce it if it decides that extraordinary events, relating to To the question he is wearing, have compromised his supreme interests. It shall notify its intention to denounce it to the Depositary on 12 months' notice, setting out the extraordinary events which it considers to have compromised its interests
Supreme.

Article 7.

This Protocol shall enter into force in respect of each State on the date of the deposit of its instrument of ratification with the Depositary, or on the date of entry into force of the Treaty if it is later.
In witness whereof the undersigned, being duly authorized by their respective Governments, have signed this Protocol.

[| PROTOCOL III

The Parties to this Protocol, |]

Convinced of the need to do nothing to achieve the ultimate goal, namely a world
Fully free of nuclear weapons, in the world and the obligation of all States to contribute to the realization of nuclear weapons;

Convinced also that the Treaty on a Nuclear-Weapon-Free Zone in Africa, negotiated and signed in accordance with the 1964 Declaration on the Denuclearization of Africa (AHG/Res.11 (1), to resolutions CM/Res.1342 (LIV) of 1992 and CM/Res. 1395 (LVI) Rev. 1 of 1992 of the Council of Ministers of the Organization of African Unity, and of United Nations General Assembly resolution 48/86 of 16 December 1993, will contribute significantly to the non-proliferation of weapons To promote cooperation in the peaceful uses of nuclear energy, to promote general and complete disarmament and to enhance regional and international peace and security;

Wishing to contribute in all appropriate ways to the effectiveness of the Treaty,

Have agreed as follows:

Article 1.

Each Party to the Protocol shall undertake to apply to the territories of which it is de jure or de facto internationally responsible and which are located within the nuclear-weapon-free zone of Africa, the provisions of Article 3, 4, 5, 6, 7, 8, 9 and 10 of the Treaty and to ensure the application of the guarantees referred to in Annex II to the Treaty.

Article 2.

Each Party to the Protocol undertakes not to contribute to any act constituting a violation of the Treaty or this Protocol.

Article 3.

Each Party undertakes, by written notification addressed to the Depositary, to indicate whether or not it accepts any modification of its obligation under this Protocol which would result from the entry into force of an amendment to the Treaty in accordance with Article 19 thereof.

Article 4.

This Protocol shall be open for signature by France and Spain.

Article 5.

This Protocol shall be subject to ratification.

Article 6.

This Protocol shall be of a permanent nature and shall remain in force indefinitely, on the understanding that each Party, in the exercise of its national sovereignty, shall have the right to denounce it if it decides that extraordinary events, relating to To the question he is wearing, have compromised his supreme interests. It shall notify its intention to denounce it to the Depositary on 12 months' notice, setting out the extraordinary events which it considers to have compromised its interests
Supreme.

Article 7.
This Protocol shall enter into force in respect of each State on the date of the deposit of its instrument of ratification with the Depositary, or on the date of entry into force of the Treaty if it is later.
In witness whereof the undersigned, being duly authorized by their respective Governments, have signed this Protocol.