15 DE ABRIL DE 1989

891

is and will continue to be accorded stringent physical protection,

have agreed as follws:

ARTICLE l

For the purposes of this Convention:

a) «Nuclear material)) means: plutonium, except that with isotopic concentration exceeding 80% in plutonium 238; uranium 233; uranium enriched in the isotope 233 or 233; uranium containing the mixture of isotopes as occurring in nature other than in the form of ore or orere-sidue; any material containing one or more of the foregoing;

b) «Uranium enriched in the isotope 235 or 233» means uranium containing the isotope 235 or 233 or both in an amount such that the abundance ratio of the sum of these isotopes to the isotope 238 is greater than the ratio of the isotope 235 to the isotope 238 occurring in nature;

c) «International nuclear transport)) means the carriage of a consignment of nuclear material by any means of transportation intended to go beyond the territory of the State where the shipment originates beginning with the departure from a facility of the shipper in that State and ending with the arrival at a facility of the receiver within the State of ultimate destination.

ARTICLE 2

1 — This Convention shall apply to nuclear material used for peaceful purposes while in international nuclear transport.

2 — With the exception of articles 3 and 4 and paragraph 3 of article 5, this Convention shall also apply to nuclear material used for peaceful purposes while in domestic use, storage and transport.

3 — Apart from the commitments expressly undertaken by States Parties in the articles covered by paragraph 2 with respect to nuclear material used for peaceful purposes while in domestic use, storage and transport, nothing in this Convention shall be interpreted as afficating the sovereign rights of a State regarding the domestic use, storage and transport of such nuclear material.

ARTICLE 3

Each State Party shall take appropriate steps within the framework of its national law and consistent with international law to ensure as far as practicable that, during international nuclear transport, nuclear material within its territory, or on board a ship or aircraft under its jurisdiction insofar as such ship or aircraft is engaged in the transport to or from that State, is protected at the levels described in annex i.

ARTICLE 4

1 — Each State Party shall not export or authorize the export of nuclear material, unless the State Party has received assurances that such material will be protected during the international nuclear transport at the levels described in annex l.

2 — Each State Party shall not import or authorize the import of nuclear material from a State not party to this Convention, unless the State Party has received assurances that such material will during the international nuclear transport be protected at the levels described in annex i.

3 — A State Party shall not allow the transit of its territory by land or internal waterways or through its airports or seaports of nuclear material between States that are not parties to this Convention, unless the State Party has received assurances as far as practicable that this nuclear material will be protected during international nuclear transport at the levels described in annex I.

4 — Each State Party shall apply within the framework of its national law the levels of physical protection described in annex l to nuclear material being transported from a part of that State to another part of the same State through international waters or airspace.

5 — The State Party responsible for receiving assurances that the nuclear material will be protected at the levels described in annex i according to paragraphs 1 to 3 shall identify and inform in advance States wich the nuclear material is expected to transit by land or internal waterways, or whose airports or seaports it is expected to enter.

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

7 — Nothing in this article shall be interpreted as in any way affecting the territorial sovereignty and jurisdiction of a State, including that over its airspace and territorial sea.

ARTICLE 5

1 — States Parties shall identify and make known to each other directly or through the International Atomic Energy Agency their central authority and point of contact having responsibility for physical protection of nuclear material and for co-ordinating recovery and response operations in the event of any unauthorized removal, use or alteration of nuclear material or in the event of credible threat thereof.

2 — In the case of theft, robbery or any other unlawful taking of nuclear material or of credible threat thereof, States Parties shall, in accordance with their national law, provide co-operation and assistance to the maximum feasible extent in the recovery and protection of such material to any State that so requests. In particular:

a) A State Party shall take appropriate steps to inform as soon as possible other States, which appear to it to be concerned, of any theft, robbery or other unlawful taking of nuclear material or credible threat thereof and to inform, where appropriate, international organizations;

b) As appropriate, the States Parties concerned shall exchange information with each other or international organization with a view to protecting threatened nuclear material, verifying the integrity of the shipping container, or recovering unlawfully taken nuclear material and shall:

0 Co-ordinate their efforts through diplomatic and other agreed channels;