14 DE FEVEREIRO DE 1990

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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 neclear meterial 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:

à) 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 organizations with a view to protecting threatened nuclear material, verifying the integrity of the shipping container or recovering unlawfully taken nuclear material and shall:

« i) Co-ordinate their efforts through diplomatic and other agreed channels; i*0 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 or 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 provid information to international organizations 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

which 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

if) 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 States 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.