PRESIDENTIAL DECREE OF THE REPUBLIC OF TAJIKISTAN

of May 16, 2014 No. 207

About accession of the Republic of Tajikistan to the Amendment to the Convention on physical protection of nuclear material

According to article 69 of the Constitution of the Republic of Tajikistan I decide:

1. To the Republic of Tajikistan to join the Amendment to the Convention on the physical protection of nuclear material signed on July 8, 2005 in the city of Vienna.

2. To the Ministry of Foreign Affairs of the Republic of Tajikistan in accordance with the established procedure to notify depositary of the specified Convention on this decision.

Amendment to the Convention on physical protection of nuclear material

1. The name of the Convention on the physical protection of nuclear material accepted on October 26, 1979 (hereinafter referred to as "Convention"), is replaced with the following name:

Convention on physical protection of nuclear material and nuclear installations

2. The preamble of the Convention is replaced with the text which is stated below:

State Parties of this Convention,

Recognizing the right of all states to development and application of atomic energy in the peace purposes and their legal interest in receipt of possible advantage as a result of application of atomic energy in the peace purposes,

Being convinced of need to promote international cooperation and transfer of nuclear technology for the benefit of application of atomic energy in the peace purposes,

In view of that physical protection has the vital value for public health care, safety, the environment and the homeland and international security,

Considering the purposes and the principles of Articles of organization of the United Nations concerning maintenance of international peace and safety, and also assistance good-neighbourhood to both friendship and cooperation between the states

Considering that according to item 4 of Article 2 of Articles of organization of the United Nations "all organization members of the United Nations abstain in their international relations from threat of force or its application as against territorial integrity, or political independence of any state, and otherwise, incompatible with the purposes of the United Nations",

Referring to the Declaration on measures for liquidation of the international terrorism containing in appendix to the resolution 49/60 of the General Assembly of December 9, 1994

Wishing to prevent potential danger as a result of illicit trafficking, illegal capture and use of nuclear material and sabotage concerning nuclear material and nuclear installations and noting that physical protection against such actions became subject of the increased concern at the national and international levels.

Being deeply concerned by the world escalation of acts of terrorism in all its forms and manifestations, and also threats which are created by the international terrorism and organized crime.

Believing that physical protection plays important role in support of the purposes of nuclear non-proliferation and counteraction to terrorism.

Wishing to promote by means of this Convention to strengthening around the world of the physical protection of nuclear material and nuclear installations used in the peace purposes

Being convinced that offenses in the relation nuclear; material and nuclear installations are subject of serious concern and that there is urgent need in acceptance of the adequate and effective measures or in strengthening of the existing measures providing prevention and identification of such offenses and punishment for them.

Wishing and to strengthen further international cooperation for the purpose of implementation, according to the national legal system of each State Party and with this Convention, effective measures for physical protection of nuclear material and nuclear installations,

Being convinced that this Convention shall serve as amendment to safe use, storage and transportation of nuclear material, and also safe operation of nuclear installations.

Recognizing that there are recommendations about providing physical formulated at the international level are sewn up which are periodically updated and which can serve as management concerning modern means of achievement of effective levels of physical protection.

Recognizing also that ensuring effective physical protection of nuclear material and the nuclear installations used for the military purposes is obligation of the state having such nuclear material and such nuclear installations and understanding that such material and such installations are and will still be under strict physical protection,

Agreed as follows:

3. In article 1 of the Convention after Item c) two new Items which are stated below are added:

d) "nuclear installation" means installation (including the related buildings and the equipment) on which production, conversion, use, processing, storage or burial of nuclear material is performed if damage or intervention in operation of such installation can lead to considerable radiation or considerable emission of radioactive materials;

e) "sabotage" ("diversion") means any deliberate action against nuclear installation or nuclear material in case of its use.

d) storage or transportation which can create directly or indirectly threat for health and safety of personnel, the population or the environment as a result of radiation exposure or emission of radioactive materials.

4. After article 1 of the Convention new article 1 A is added:

Article 1 A

The purposes of this Convention consist in achievement and maintenance around the world of the effective level of physical are sewn up the nuclear material used in the peace purposes and the nuclear installations used in the peace purposes; in prevention of the offenses connected with such material and installations around the world and fight against such offenses; and also in assistance to cooperation between the State Parties in achievement of these purposes.

5. Article 2 of the Convention is replaced with the text which is stated below:

1. This Convention is applied to the nuclear material used in the peace purposes during the using, storage and transportation and to the nuclear installations used in the peace purposes under condition, however, that Articles 3 and 4 and item 4 of article 5 of this Convention are applied only to such nuclear material which is in process of international delivery of nuclear material.

2. Responsibility for creation, introduction and maintenance of the mode of physical are sewn up in the State Party entirely is assigned to this state.

3. In addition to the obligations which are directly assumed by the State Parties according to this Convention nothing in this Convention is interpreted as affecting the sovereign rights of the state.

4. a) Nothing in this Convention mentions other rights, obligations and responsibility of the State Parties according to international law, in particular according to the purposes and the principles of Articles of organization of the United Nations and international humanitarian law.

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