892

II SÉRIE-A — NÚMERO 30

iî) Render assistance, if requested; Hi) Ensure the return of nuclear material stolen or missing as a consequence of the above-mentioned events.

The means of implementation of this co-operation shall be determined by the States Parties concerned.

3 — States Parties shall co-operate and consult as appropriate, with each other directly of through international organizations, with a view to obtaining guidance on the design, maintenance and improvement of systems of physical protection of nuclear material in international transport.

ARTICLE 6

1 — States Parties shall take appropriate measures consistent with their national law to protect the confidentiality of any information which they receive in confidence by virtue of the provisions 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 organization in confidence, steps shall be taken to ensure that the confidentiality of such information is protected.

2 — States Parties shall not be required by this Convention to provide any information which they are not permitted to communicate pursuant to national law or wich would jeopardize the security of the State concerned or the physical protection of nuclear material.

ARTICLE 7

1 — The intentional commission of:

a) An act without lawful authority which constitutes the receipt, possession, use, transfer, alteration, disposal or dispersal of nuclear material and which causes or is likely to cause death or serious injury to any person or substantial damage to property;

b) A theft or robbery of nuclear material;

c) An embezzlement or fraudulent obtaining of nuclear material;

d) An act constituting a demand for nuclear material by threat or use of force or by any other form of intimidation;

e) A threat:

0 To use nuclear material to cause death or serious injury to any person or substantial property damage; or

it) To commit an offence described in subparagraph b) in order to compel a natural or legal person, international organization or State to do or to refrain from doing any act;

f) An attempt to commit any offence described in paragraphs a), b) or c); and

g) An act which constitutes participation in any offence described in paragraphs a) to f);

shall be made a punishable offence by each State Party under its national law.

2 — Each State Party shall make the offences described in this article punishable by appropriate penalties which take into account their grave nature.

ARTICLE 8

1 — Each State Party shall take such measures as may be necessary to establish its jurisdiction over the offences set forth in article 7 in the following cases:

a) When the offence is committed in the territory of that State or on board a ship or aircraft registered in that State;

b) When the alleged offender is a national of that State.

2 — Each State Party shall likewise take such measures as may be necessary to establish its jurisdiction over these offences in cases where the alleged offender is present in its territory and it does not extradite him pursuant to article 11 to any of the States mentioned in paragraph 1.

3 — This Convention does not exclude any criminal jurisdiction exercised in accordance with national law.

4 — In addition to the State Parties mentioned in paragraphs 1 and 2, each State Party may, consistent with international law, establish its jurisdiction over the offences set forth in article 7 when it is involved in international nuclear transport as the exporting or importing State.

ARTICLE 9

Upon being satisfied that the circumstances so warrant, the State Party in whose territory the alleged offender is present shall take appropriate measures, including detention, under its national law to ensure his presence for the purpose of prosecution or extradition. Measures taken according to this article shall be notified without delay to the States required to establish jurisdiction pursuant to article 8 and, where appropriate, all other States concerned.

ARTICLE 10

The State Party in whose territory the alleged offender is present shall, if it does not extradite him, submit, without exception whatsoever and without undue delay, the case to its competent authorities for the purpose of prosecution, through proceedings in accordance with the laws of that State.

ARTICLE 11

1 — The offences in article 7 shall be deemed to be included as extraditable offences in any extradition treaty existing between States Parties. States Parties undertake to include those offences as extraditable offences in every future extradition treaty to be concluded between them.

2 — If a State Party wich makes extradition conditional on the existence of a treaty receives a request for extradition from another State Party which it has no extradition-treaty, it may at its option consider this Convention as the legal basis for extradition in respect of those offences. Extradition shall be subject to the other conditions provided by the law of the requested State.

3 — States Parties wich do not make extradition conditional on the existence of a treaty shall recognize those offences as extraditable offences between themselves subject to the conditions provided by the law of the requested State.