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(j) the terms “source material” and “special fissionable material” have the same meaning

as given to those terms in the Statute of the International Atomic Energy Agency,

done at New York on 26 October 1956.

Article 3

Each State Party undertakes to make the offences set forth in Article 1 punishable by

severe penalties.

Article 4

1. Each State Party, in accordance with its national legal principles, may take the

necessary measures to enable a legal entity located in its territory or organized under its

laws to be held liable when a person responsible for management or control of that

legal entity has, in that capacity, committed an offence set forth in Article 1. Such

liability may be criminal, civil or administrative.

2. Such liability is incurred without prejudice to the criminal liability of individuals having

committed the offences.

3. If a State Party takes the necessary measures to make a legal entity liable in accordance

with paragraph 1 of this Article, it shall endeavour to ensure that the applicable

criminal, civil or administrative sanctions are effective, proportionate and dissuasive.

Such sanctions may include monetary sanctions.

Article 5

1. This Convention shall not apply to aircraft used in military, customs or police services.

2. In the cases contemplated in subparagraphs (a), (b), (c), (e), (f), (g), (h) and (i) of

paragraph 1 of Article 1, this Convention shall apply irrespective of whether the

aircraft is engaged in an international or domestic flight, only if:

(a) the place of take-off or landing, actual or intended, of the aircraft is situated

outside the territory of the State of registry of that aircraft; or

(b) the offence is committed in the territory of a State other than the State of registry

of the aircraft.

3. Notwithstanding paragraph 2 of this Article, in the cases contemplated in

subparagraphs (a), (b), (c), (e), (f), (g), (h) and (i) of paragraph 1 of Article 1, this

Convention shall also apply if the offender or the alleged offender is found in the

territory of a State other than the State of registry of the aircraft.

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