(g) releases or discharges from an aircraft in service any BCN weapon or explosive,

radioactive, or similar substances in a manner that causes or is likely to cause death,

serious bodily injury or serious damage to property or the environment; or

(h) uses against or on board an aircraft in service any BCN weapon or explosive,

radioactive, or similar substances in a manner that causes or is likely to cause death,

serious bodily injury or serious damage to property or the environment; or

(i) transports, causes to be transported, or facilitates the transport of, on board an

aircraft:

(1) any explosive or radioactive material, knowing that it is intended to be used to

cause, or in a threat to cause, with or without a condition, as is provided for

under national law, death or serious injury or damage for the purpose of

intimidating a population, or compelling a government or an international

organization to do or to abstain from doing any act; or

(2) any BCN weapon, knowing it to be a BCN weapon as defined in Article 2; or

(3) any source material, special fissionable material, or equipment or material

especially designed or prepared for the processing, use or production of special

fissionable material, knowing that it is intended to be used in a nuclear

explosive activity or in any other nuclear activity not under safeguards pursuant

to a safeguards agreement with the International Atomic Energy Agency; or

(4) any equipment, materials or software or related technology that significantly

contributes to the design, manufacture or delivery of a BCN weapon without

lawful authorization and with the intention that it will be used for such

purpose;

provided that for activities involving a State Party, including those undertaken by a person

or legal entity authorized by a State Party, it shall not be an offence under subparagraphs

(3) and (4) if the transport of such items or materials is consistent with or is for a use or

activity that is consistent with its rights, responsibilities and obligations under the

applicable multilateral non-proliferation treaty to which it is a party including those referred

to in Article 7.

2. Any person commits an offence if that person unlawfully and intentionally, using any

device, substance or weapon:

(a) performs an act of violence against a person at an airport serving international civil

aviation which causes or is likely to cause serious injury or death; or

6 DE OUTUBRO DE 2020______________________________________________________________________________________________________

79