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Complete Text of
the Comprehensive Test Ban Treaty
PREAMBLE
The States Parties to this Treaty (hereinafter referred to as "the
States Parties"),
Welcoming the international agreements and other positive measures
of recent years in the field of nuclear disarmament, including reductions
in arsenals of nuclear weapons, as well as in the field of the prevention
of nuclear proliferation in all its aspects,
Underlining the importance of the full and prompt implementation
of such agreements and measures,
Convinced that the present international situation provides
an opportunity to take further effective measures towards nuclear
disarmament and against the proliferation of nuclear weapons in
all its aspects, and declaring their intention to take such measures,
Stressing therefore the need for continued systematic
and progressive efforts to reduce nuclear weapons globally, with
the ultimate goal of eliminating those weapons, and of general and
complete disarmament under strict and effective international control,
Recognizing that the cessation of all nuclear weapon test
explosions and all other nuclear explosions, by constraining the
development and qualitative improvement of nuclear weapons and ending
the development of advanced new types of nuclear weapons, constitutes
an effective measure of nuclear disarmament and non-proliferation
in all its aspects,
Further recognizing that an end to all such nuclear explosions
will thus constitute a meaningful step in the realization of a systematic
process to achieve nuclear disarmament,
Convinced that the most effective way to achieve an end
to nuclear testing is through the conclusion of a universal and
internationally and effectively verifiable comprehensive nuclear
test-ban treaty, which has long been one of the highest priority
objectives of the international community in the field of disarmament
and non-proliferation,
Noting the aspirations expressed by the Parties to the
1963 Treaty Banning Nuclear Weapon Tests in the Atmosphere, in Outer
Space and Under Water to seek to achieve the discontinuance of all
test explosions of nuclear weapons for all time,
Noting also the views expressed that this Treaty could
contribute to the protection of the environment,
Affirming the purpose of attracting the adherence of all
States to this Treaty and its objective to contribute effectively
to the prevention of the proliferation of nuclear weapons in all
its aspects, to the process of nuclear disarmament and therefore
to the enhancement of international peace and security,
Have agreed as follows:
ARTICLE I
BASIC OBLIGATIONS
1. Each State Party undertakes not to carry out any nuclear
weapon test explosion or any other nuclear explosion, and to prohibit
and prevent any such nuclear explosion at any place under its jurisdiction
or control.
2. Each State Party undertakes, furthermore, to refrain from causing,
encouraging, or in any way participating in the carrying out of
any nuclear weapon test explosion or any other nuclear explosion.
ARTICLE II
THE ORGANIZATION
A. GENERAL PROVISIONS
1. The States Parties hereby establish the Comprehensive Nuclear-Test-Ban
Treaty Organization (hereinafter referred to as "the Organization")
to achieve the object and purpose of this Treaty, to ensure the
implementation of its provisions, including those for international
verification of compliance with it, and to provide a forum for consultation
and cooperation among States Parties.
2. All States Parties shall be members of the Organization. A State
Party shall not be deprived of its membership in the Organization.
3. The seat of the Organization shall be Vienna, Republic of Austria.
4. There are hereby established as organs of the Organization:
the Conference of the States Parties, the Executive Council and
the Technical Secretariat, which shall include the International
Data Centre.
5. Each State Party shall cooperate with the Organization in the
exercise of its functions in accordance with this Treaty. States
Parties shall consult, directly among themselves, or through the
Organization or other appropriate international procedures, including
procedures within the framework of the United Nations and in accordance
with its Charter, on any matter which may be raised relating to
the object and purpose, or the implementation of the provisions,
of this Treaty.
6. The Organization shall conduct its verification activities provided
for under this Treaty in the least intrusive manner possible consistent
with the timely and efficient accomplishment of their objectives.
It shall request only the information and data necessary to fulfil
its responsibilities under this Treaty. It shall take every precaution
to protect the confidentiality of information on civil and military
activities and facilities coming to its knowledge in the implementation
of this Treaty and, in particular, shall abide by the confidentiality
provisions set forth in this Treaty.
7. Each State Party shall treat as confidential and afford special
handling to information and data that it receives in confidence
from the Organization in connection with the implementation of this
Treaty. It shall treat such information and data exclusively in
connection with its rights and obligations under this Treaty.
8. The Organization, as an independent body, shall seek to utilize
existing expertise and facilities, as appropriate, and to maximize
cost efficiencies, through cooperative arrangements with other international
organizations such as the International Atomic Energy Agency. Such
arrangements, excluding those of a minor and normal commercial and
contractual nature, shall be set out in agreements to be submitted
to the Conference of the States Parties for approval.
9. The costs of the activities of the Organization shall be met
annually by the States Parties in accordance with the United Nations
scale of assessments adjusted to take into account differences in
membership between the United Nations and the Organization.
10. Financial contributions of States Parties to the Preparatory
Commission shall be deducted in an appropriate way from their contributions
to the regular budget.
11. A member of the Organization which is in arrears in the payment
of its assessed contribution to the Organization shall have no vote
in the Organization if the amount of its arrears equals or exceeds
the amount of the contribution due from it for the preceding two
full years. The Conference of the States Parties may, nevertheless,
permit such a member to vote if it is satisfied that the failure
to pay is due to conditions beyond the control of the member.
B. THE CONFERENCE OF THE STATES PARTIES
Composition, Procedures and Decision-making
12. The Conference of the States Parties (hereinafter referred to
as "the Conference") shall be composed of all States Parties.
Each State Party shall have one representative in the Conference,
who may be accompanied by alternates and advisers.
13. The initial session of the Conference shall be convened by the
Depositary no later than 30 days after the entry into force of this
Treaty.
14. The Conference shall meet in regular sessions, which shall
be held annually, unless it decides otherwise.
15. A special session of the Conference shall be convened:
(a) When decided by the Conference;
(b) When requested by the Executive Council; or
(c) When requested by any State Party and supported by a majority
of the States Parties.
The special session shall be convened no later than 30 days after
the decision of the Conference, the request of the Executive Council,
or the attainment of the necessary support, unless specified otherwise
in the decision or request.
16. The Conference may also be convened in the form of an Amendment
Conference, in accordance with Article VII.
17. The Conference may also be convened in the form of a Review
Conference in accordance with Article VIII.
18. Sessions shall take place at the seat of the Organization unless
the Conference decides otherwise.
19. The Conference shall adopt its rules of procedure. At the beginning
of each session, it shall elect its President and such other officers
as may be required. They shall hold office until a new President
and other officers are elected at the next session.
20. A majority of the States Parties shall constitute a quorum.
21. Each State Party shall have one vote.
22. The Conference shall take decisions on matters of procedure
by a majority of members present and voting. Decisions on matters
of substance shall be taken as far as possible by consensus. If
consensus is not attainable when an issue comes up for decision,
the President of the Conference shall defer any vote for 24 hours
and during this period of deferment shall make every effort to facilitate
achievement of consensus, and shall report to the Conference before
the end of this period. If consensus is not possible at the end
of 24 hours, the Conference shall take a decision by a two-thirds
majority of members present and voting unless specified otherwise
in this Treaty. When the issue arises as to whether the question
is one of substance or not, that question shall be treated as a
matter of substance unless otherwise decided by the majority required
for decisions on matters of substance.
23. When exercising its function under paragraph 26 (k), the Conference
shall take a decision to add any State to the list of States contained
in Annex 1 to this Treaty in accordance with the procedure for decisions
on matters of substance set out in paragraph 22. Notwithstanding
paragraph 22, the Conference shall take decisions on any other change
to Annex 1 to this Treaty by consensus.
Powers and Functions
24. The Conference shall be the principal organ of the Organization.
It shall consider any questions, matters or issues within the scope
of this Treaty, including those relating to the powers and functions
of the Executive Council and the Technical Secretariat, in accordance
with this Treaty. It may make recommendations and take decisions
on any questions, matters or issues within the scope of this Treaty
raised by a State Party or brought to its attention by the Executive
Council.
25. The Conference shall oversee the implementation of, and review
compliance with, this Treaty and act in order to promote its object
and purpose. It shall also oversee the activities of the Executive
Council and the Technical Secretariat and may issue guidelines to
either of them for the exercise of their functions.
26. The Conference shall:
(a) Consider and adopt the report of the Organization on the implementation
of this Treaty and the annual programme and budget of the Organization,
submitted by the Executive Council, as well as consider other reports;
(b) Decide on the scale of financial contributions to be paid
by States Parties in accordance with paragraph 9;
(c) Elect the members of the Executive Council;
(d) Appoint the Director-General of the Technical Secretariat (hereinafter
referred to as "the Director-General");
(e) Consider and approve the rules of procedure of the Executive
Council submitted by the latter;
(f) Consider and review scientific and technological developments
that could affect the operation of this Treaty. In this context,
the Conference may direct the Director-General to establish a Scientific
Advisory Board to enable him or her, in the performance of his or
her functions, to render specialized advice in areas of science
and technology relevant to this Treaty to the Conference, to the
Executive Council or to States Parties. In that case, the Scientific
Advisory Board shall be composed of independent experts serving
in their individual capacity and appointed, in accordance with terms
of reference adopted by the Conference, on the basis of their expertise
and experience in the particular scientific fields relevant to the
implementation of this Treaty;
(g) Take the necessary measures to ensure compliance with this
Treaty and to redress and remedy any situation that contravenes
the provisions of this Treaty, in accordance with Article V;
(h) Consider and approve at its initial session any draft agreements,
arrangements, provisions, procedures, operational manuals, guidelines
and any other documents developed and recommended by the Preparatory
Commission;
(i) Consider and approve agreements or arrangements negotiated
by the Technical Secretariat with States Parties, other States and
international organizations to be concluded by the Executive Council
on behalf of the Organization in accordance with paragraph 38 (h);
(j) Establish such subsidiary organs as it finds necessary for
the exercise of its functions in accordance with this Treaty; and
(k) Update Annex 1 to this Treaty, as appropriate, in accordance
with paragraph 23.
C. THE EXECUTIVE COUNCIL
Composition, Procedures and Decision-making
27. The Executive Council shall consist of 51 members. Each State
Party shall have the right, in accordance with the provisions of
this Article, to serve on the Executive Council.
28. Taking into account the need for equitable geographical distribution,
the Executive Council shall comprise:
(a) Ten States Parties from Africa;
(b) Seven States Parties from Eastern Europe;
(c) Nine States Parties from Latin America and the Caribbean;
(d) Seven States Parties from the Middle East and South Asia;
(e) Ten States Parties from North America and Western Europe; and
(f) Eight States Parties from South-East Asia, the Pacific and the
Far East.
All States in each of the above geographical regions are listed
in Annex 1 to this Treaty. Annex 1 to this Treaty shall be updated,
as appropriate, by the Conference in accordance with paragraphs
23 and 26 (k). It shall not be subject to amendments or changes
under the procedures contained in Article VII.
29. The members of the Executive Council shall be elected by the
Conference. In this connection, each geographical region shall designate
States Parties from that region for election as members of the Executive
Council as follows:
(a) At least one-third of the seats allocated to each geographical
region shall be filled, taking into account political and security
interests by States Parties in that region designated on the basis
of the nuclear capabilities relevant to the Treaty as determined
by international data as well as all or any of the following indicative
criteria in the order of priority determined by each region:
(i) Number of monitoring facilities of the International Monitoring
System;
(ii) Expertise and experience in monitoring technology; and
(iii) Contribution to the annual budget of the Organization;
(b) One of the seats allocated to each geographical region shall
be filled on a rotational basis by the State Party that is first
in the English alphabetical order among the States Parties in that
region that have not served as members of the Executive Council
for the longest period of time since becoming States Parties or
since their last term, whichever is shorter. A State Party designated
on this basis may decide to forgo its seat. In that case, such a
State Party shall submit a letter of renunciation to the Director-General,
and the seat shall be filled by the State Party following next-in-order
according to this sub-paragraph; and
(c) The remaining seats allocated to each geographical region shall
be filled by States Parties designated from among all the States
Parties in that region by rotation or elections.
30. Each member of the Executive Council shall have one representative
on the Executive Council, who may be accompanied by alternates and
advisers.
31. Each member of the Executive Council shall hold office from
the end of the session of the Conference at which that member is
elected until the end of the second regular annual session of the
Conference thereafter, except that for the first election of the
Executive Council, 26 members shall be elected to hold office until
the end of the third regular annual session of the Conference, due
regard being paid to the established numerical proportions as described
in paragraph 28.
32. The Executive Council shall elaborate its rules of procedure
and submit them to the Conference for approval.
33. The Executive Council shall elect its Chairman from among its
members.
34. The Executive Council shall meet for regular sessions. Between
regular sessions it shall meet as may be required for the fulfilment
of its powers and functions.
35. Each member of the Executive Council shall have one vote.
36. The Executive Council shall take decisions on matters of procedure
by a majority of all its members. The Executive Council shall take
decisions on matters of substance by a two-thirds majority of all
its members unless specified otherwise in this Treaty. When the
issue arises as to whether the question is one of substance or not,
that question shall be treated as a matter of substance unless otherwise
decided by the majority required for decisions on matters of substance.
Powers and Functions
37. The Executive Council shall be the executive organ of the Organization.
It shall be responsible to the Conference. It shall carry out the
powers and functions entrusted to it in accordance with this Treaty.
In so doing, it shall act in conformity with the recommendations,
decisions and guidelines of the Conference and ensure their continuous
and proper implementation.
38. The Executive Council shall:
(a) Promote effective implementation of, and compliance with,
this Treaty;
(b) Supervise the activities of the Technical Secretariat;
(c) Make recommendations as necessary to the Conference for consideration
of further proposals for promoting the object and purpose of this
Treaty ;
(d) Cooperate with the National Authority of each State Party;
(e) Consider and submit to the Conference the draft annual programme
and budget of the Organization, the draft report of the Organization
on the implementation of this Treaty, the report on the performance
of its own activities and such other reports as it deems necessary
or that the Conference may request;
(f) Make arrangements for the sessions of the Conference, including
the preparation of the draft agenda;
(g) Examine proposals for changes, on matters of an administrative
or technical nature, to the Protocol or the Annexes thereto, pursuant
to Article VII, and make recommendations to the States Parties regarding
their adoption;
(h) Conclude, subject to prior approval of the Conference, agreements
or arrangements with States Parties, other States and international
organizations on behalf of the Organization and supervise their
implementation, with the exception of agreements or arrangements
referred to in sub-paragraph (i);
(i) Approve and supervise the operation of agreements or arrangements
relating to the implementation of verification activities with States
Parties and other States; and
(j) Approve any new operational manuals and any changes to the
existing operational manuals that may be proposed by the Technical
Secretariat.
39. The Executive Council may request a special session of the
Conference.
40. The Executive Council shall:
(a) Facilitate cooperation among States Parties, and between States
Parties and the Technical Secretariat, relating to the implementation
of this Treaty through information exchanges;
(b) Facilitate consultation and clarification among States Parties
in accordance with Article IV; and
(c) Receive, consider and take action on requests for, and reports
on, on-site inspections in accordance with Article IV.
41. The Executive Council shall consider any concern raised by
a State Party about possible non-compliance with this Treaty and
abuse of the rights established by this Treaty. In doing so, the
Executive Council shall consult with the States Parties involved
and, as appropriate, request a State Party to take measures to redress
the situation within a specified time. To the extent that the Executive
Council considers further action to be necessary, it shall take,
inter alia, one or more of the following measures:
(a) Notify all States Parties of the issue or matter;
(b) Bring the issue or matter to the attention of the Conference;
(c) Make recommendations to the Conference or take action, as appropriate,
regarding measures to redress the situation and to ensure compliance
in accordance with Article V.
D. THE TECHNICAL SECRETARIAT
42. The Technical Secretariat shall assist States Parties in the
implementation of this Treaty. The Technical Secretariat shall assist
the Conference and the Executive Council in the performance of their
functions. The Technical Secretariat shall carry out the verification
and other function entrusted to it by this Treaty, as well as those
functions delegated to it by the Conference or the Executive Council
in accordance with this Treaty. The Technical Secretariat shall
include, as an integral part, the International Data Centre.
43. The functions of the Technical Secretariat with regard to verification
of compliance with this Treaty shall, in accordance with Article
IV and the Protocol, include inter alia:
(a) Being responsible for supervising and coordinating the operation
of the International Monitoring System;
(b) Operating the International Data Centre;
(c) Routinely receiving, processing, analysing and reporting on
International Monitoring System data;
(d) Providing technical assistance in, and support for, the installation
and operation of monitoring stations;
(e) Assisting the Executive Council in facilitating consultation
and clarification among States Parties;
(f) Receiving requests for on-site inspections and processing them,
facilitating Executive Council consideration of such requests, carrying
out the preparations for, and providing technical support during,
the conduct of on-site inspections, and reporting to the Executive
Council;
(g) Negotiating agreements or arrangements with States Parties,
other States and international organizations and concluding, subject
to prior approval by the Executive Council, any such agreements
or arrangements relating to verification activities with States
Parties or other States; and
(h) Assisting the States Parties through their National Authorities
on other issues of verification under this Treaty.
44. The Technical Secretariat shall develop and maintain, subject
to approval by the Executive Council, operational manuals to guide
the operation of the various components of the verification regime,
in accordance with Article IV and the Protocol. These manuals shall
not constitute integral parts of this Treaty or the Protocol and
may be changed by the Technical Secretariat subject to approval
by the Executive Council. The Technical Secretariat shall promptly
inform the States Parties of any changes in the operational manuals.
45. The functions of the Technical Secretariat with respect to administrative
matters shall include:
(a) Preparing and submitting to the Executive Council the draft
programme and budget of the Organization;
(b) Preparing and submitting to the Executive Council the draft
report of the Organization on the implementation of this Treaty
and such other reports as the Conference or the Executive Council
may request;
(c) Providing administrative and technical support to the Conference,
the Executive Council and other subsidiary organs;
(d) Addressing and receiving communications on behalf of the Organization
relating to the implementation of this Treaty; and
(e) Carrying out the administrative responsibilities related to
any agreements between the Organization and other international
organizations.
46. All requests and notifications by States Parties to the Organization
shall be transmitted through their National Authorities to the Director-General.
Requests and notifications shall be in one of the official languages
of this Treaty. In response the Director-General shall use the language
of the transmitted request or notification.
47. With respect to the responsibilities of the Technical Secretariat
for preparing and submitting to the Executive Council the draft
programme and budget of the Organization, the Technical Secretariat
shall determine and maintain a clear accounting of all costs for
each facility established as part of the International Monitoring
System. Similar treatment in the draft programme and budget shall
be accorded to all other activities of the Organization.
48. The Technical Secretariat shall promptly inform the Executive
Council of any problems that have arisen with regard to the discharge
of its functions that have come to its notice in the performance
of its activities and that it has been unable to resolve through
consultations with the State Party concerned.
49. The Technical Secretariat shall comprise a Director-General,
who shall be its head and chief administrative officer, and such
scientific, technical and other personnel as may be required. The
Director-General shall be appointed by the Conference upon the recommendation
of the Executive Council for a term of four years, renewable for
one further term, but not thereafter. The first Director-General
shall be appointed by the Conference at its initial session upon
the recommendation of the Preparatory Commission.
50. The Director-General shall be responsible to the Conference
and the Executive Council for the appointment of the staff and for
the organization and functioning of the Technical Secretariat. The
paramount consideration in the employment of the staff and in the
determination of the conditions of service shall be the necessity
of securing the highest standards of professional expertise, experience,
efficiency, competence and integrity. Only citizens of States Parties
shall serve as the Director-General, as inspectors or as members
of the professional and clerical staff. Due regard shall be paid
to the importance of recruiting the staff on as wide a geographical
basis as possible. Recruitment shall be guided by the principle
that the staff shall be kept to the minimum necessary for the proper
discharge of the responsibilities of the Technical Secretariat.
51. The Director-General may, as appropriate, after consultation
with the Executive Council, establish temporary working groups of
scientific experts to provide recommendations on specific issues.
52. In the performance of their duties, the Director-General, the
inspectors, the inspection assistants and the members of the staff
shall not seek or receive instructions from any Government or from
any other source external to the Organization. They shall refrain
from any action that might reflect adversely on their positions
as international officers responsible only to the Organization.
The Director-General shall assume responsibility for the activities
of an inspection team.
53. Each State Party shall respect the exclusively international
character of the responsibilities of the Director-General, the inspectors,
the inspection assistants and the members of the staff and shall
not seek to influence them in the discharge of their responsibilities.
E. PRIVILEGES AND IMMUNITIES
54. The Organization shall enjoy on the territory and in any other
place under the jurisdiction or control of a State Party such legal
capacity and such privileges and immunities as are necessary for
the exercise of its functions.
55. Delegates of States Parties, together with their alternates
and advisers, representatives of members elected to the Executive
Council, together with their alternates and advisers, the Director-General,
the inspectors, the inspection assistants and the members of the
staff of the Organization shall enjoy such privileges and immunities
as are necessary in the independent exercise of their functions
in connection with the Organization.
56. The legal capacity, privileges and immunities referred to in
this Article shall be defined in agreements between the Organization
and the State Parties as well as in an agreement between the Organization
and the State in which the Organization is seated. Such agreements
shall be considered and approved in accordance with paragraph 26
(h) and (i).
57. Notwithstanding paragraphs 54 and 55, the privileges and immunities
enjoyed by the Director-General, the inspectors, the inspection
assistants and the members of the staff of the Technical Secretariat
during the conduct of verification activities shall be those set
forth in the Protocol.
ARTICLE III
NATIONAL IMPLEMENTATION MEASURES
1. Each State Party shall, in accordance with its constitutional
processes, take any necessary measures to implement its obligations
under this Treaty. In particular, it shall take any necessary measures:
(a) To prohibit natural and legal persons anywhere on its territory
or in any other place under its jurisdiction as recognized by international
law from undertaking any activity prohibited to a State Party under
this Treaty;
(b) To prohibit natural and legal persons from undertaking any such
activity anywhere under its control; and
(c) To prohibit, in conformity with international law, natural
persons possessing its nationality from undertaking any such activity
anywhere.
2. Each State Party shall cooperate with other States Parties
and afford the appropriate form of legal assistance to facilitate
the implementation of the obligations under paragraph 1.
3. Each State Party shall inform the Organization of the measures
taken pursuant to this Article.
4. In order to fulfill its obligations under the Treaty, each State
Party shall designate or set up a National Authority and shall so
inform the Organization upon entry into force of the Treaty for
it. The National Authority shall serve as the national focal point
for liaison with the Organization and with other States Parties.
ARTICLE IV
VERIFICATION
A. GENERAL PROVISIONS
1. In order to verify compliance with this Treaty, a verification
regime shall be established consisting of the following elements:
(a) An International Monitoring System;
(b) Consultation and clarification;
(c) On-site inspections; and
(d) Confidence-building measures.
At entry into force of this Treaty, the verification regime shall
be capable of meeting the verification requirements of this Treaty.
2. Verification activities shall be based on objective information,
shall be limited to the subject matter of this Treaty, and shall
be carried out on the basis of full respect for the sovereignty
of States Parties and in the least intrusive manner possible consistent
with the effective and timely accomplishment of their objectives.
Each State Party shall refrain from any abuse of the right of verification.
3. Each State Party undertakes in accordance with this Treaty to
cooperate through its National Authority established pursuant to
Article III, paragraph 4, with the Organization and with other States
Parties to facilitate the verification of compliance with this Treaty
by, inter alia:
(a) Establishing the necessary facilities to participate in these
verification measures and establishing the necessary communication;
(b) Providing data obtained from national stations that are part
of the International Monitoring System;
(c) Participating, as appropriate, in a consultation and clarification
process;
(d) Permitting the conduct of on-site inspections; and
(e) Participating, as appropriate, in confidence-building measures.
4. All States Parties, irrespective of their technical and financial
capabilities, shall enjoy the equal right of verification and assume
the equal obligation to accept verification.
5. For the purposes of this Treaty, no State Party shall be precluded
from using information obtained by national technical means of verification
in a manner consistent with generally recognized principles of international
law, including that of respect for the sovereignty of States.
6. Without prejudice to the right of States Parties to protect
sensitive installations, activities or locations not related to
this Treaty, States Parties shall not interfere with elements of
the verification regime of this Treaty or with national technical
means of verification operating in accordance with paragraph 5.
7. Each State Party shall have the right to take measures to protect
sensitive installations and to prevent disclosure of confidential
information and data not related to this Treaty.
8. Moreover, all necessary measures shall be taken to protect the
confidentiality of any information related to civil and military
activities and facilities obtained during verification activities.
9. Subject to paragraph 8, information obtained by the Organization
through the verification regime established by this Treaty shall
be made available to all States Parties in accordance with the relevant
provisions of this Treaty and the Protocol.
10. The provisions of this Treaty shall not be interpreted as restricting
the international exchange of data for scientific purposes.
11. Each State Party undertakes to cooperate with the Organization
and with other States Parties in the improvement of the verification
regime, and in the examination of the verification potential of
additional monitoring technologies such as electromagnetic pulse
monitoring or satellite monitoring, with a view to developing, when
appropriate, specific measures to enhance the efficient and cost-effective
verification of this Treaty. Such measures shall, when agreed, be
incorporated in existing provisions in this Treaty, the Protocol
or as additional sections of the Protocol, in accordance with Article
VII, or, if appropriate, be reflected in the operational manuals
in accordance with Article II, paragraph 44.
12. The States Parties undertake to promote cooperation among themselves
to facilitate and participate in the fullest possible exchange relating
to technologies used in the verification of this Treaty in order
to enable all States Parties to strengthen their national implementation
of verification measures and to benefit from the application of
such technologies for peaceful purposes.
13. The provisions of this Treaty shall be implemented in a manner
which avoids hampering the economic and technological development
of the States Parties for further development of the application
of atomic energy for peaceful purposes.
Verification Responsibilities of the Technical Secretariat
14. In discharging its responsibilities in the area of verification
specified in this Treaty and the Protocol, in cooperation with the
State Parties the Technical Secretariat shall, for the purpose of
this Treaty:
(a) Make arrangements to receive and distribute data and reporting
products relevant to the verification of this Treaty in accordance
with its provisions, and to maintain a global communications infrastructure
appropriate to this task;
(b) Routinely through its International Data Centre, which shall
in principle be the focal point within the Technical Secretariat
for data storage and data processing:
(i) Receive and initiate requests for data from the International
Monitoring System;
(ii) Receive data, as appropriate, resulting from the process of
consultation and clarification, from on-site inspections, and from
confidence-building measures; and
(iii) Receive other relevant data from States Parties and international
organizations in accordance with this Treaty and the Protocol;
(c) Supervise, coordinate and ensure the operation of the International
Monitoring System and its component elements, and of the International
Data Centre, in accordance with the relevant operational manuals;
(d) Routinely process, analyse and report on International Monitoring
System data according to agreed procedures so as to permit the effective
international verification of this Treaty and to contribute to the
early resolution of compliance concerns;
(e) Make available all data, both raw and processed, and any reporting
products, to all States Parties, each State Party taking responsibility
for the use of International Monitoring System data in accordance
with Article II, paragraph 7, and with paragraphs 8 and 13 of this
Article;
(f) Provide to all States Parties equal, open, convenient and timely
access to all stored data;
(g) Store all data, both raw and processed, and reporting products;
(h) Coordinate and facilitate requests for additional data from
the International Monitoring system;
(i) Coordinate requests for additional data from one State Party
to another State Party;
(j) Provide technical assistance in, and support for, the installation
and operation of monitoring facilities and respective communication
means, where such assistance and support are required by the State
concerned;
(k) Make available to any State Party, upon its request, techniques
utilized by the Technical Secretariat and its International Data
Centre in compiling, storing, processing, analysing and reporting
on data from the verification regime; and
(l) Monitor, assess and report on the overall performance of the
International Monitoring System and of the International Data Centre.
15. The agreed procedures to be used by the Technical Secretariat
in discharging the verification responsibilities referred to in
paragraph 14 and detailed in the Protocol shall be elaborated in
the relevant operational manuals.
B. THE INTERNATIONAL MONITORING SYSTEM
16. The International Monitoring System shall comprise facilities
for seismological monitoring, radionuclide monitoring including
certified laboratories, hydroacoustic monitoring, infrasound monitoring,
and respective means of communication, and shall be supported by
the International Data Centre of the Technical Secretariat.
17. The International Monitoring System shall be placed under the
authority of the Technical Secretariat. All monitoring facilities
of the International Monitoring System shall be owned and operated
by the States hosting or otherwise taking responsibility for them
in accordance with the Protocol.
18. Each State Party shall have the right to participate in the
international exchange of data and to have access to all data made
available to the International Data Centre. Each State Party shall
cooperate with the International Data Centre through its National
Authority.
Funding the International Monitoring System
19. For facilities incorporated into the International Monitoring
System and specified in Tables 1-A, 2-A, 3 and 4 of Annex 1 to the
Protocol, and for their functioning, to the extent that such facilities
are agreed by the relevant State and the Organization to provide
data to the International Data Centre in accordance with the technical
requirements of the Protocol and relevant operational manuals, the
Organization, as specified in agreements or arrangements pursuant
to Part I, paragraph 4 of the Protocol, shall meet the costs of:
(a) Establishing any new facilities and upgrading existing facilities
unless the State responsible for such facilities meets these costs
itself;
(b) Operating and maintaining International Monitoring System facilities,
including facility physical security if appropriate, and application
of agreed data authentication procedures;
(c) Transmitting International Monitoring System data (raw or processed)
to the International Data Centre by the most direct and cost effective
means available, including, if necessary, via appropriate communications
nodes, from monitoring stations, laboratories, analytical facilities
or from national data centres; or such data (including samples where
appropriate) to laboratory and analytical facilities from monitoring
stations; and
(d) Analysing samples on behalf of the Organization.
20. For auxiliary network seismic stations specified in Table
1-B of Annex 1 to the Protocol the Organization, as specified in
agreements or arrangements pursuant to Part I, paragraph 4 of the
Protocol, shall meet the costs only of:
(a) Transmitting data to the International Data Centre;
(b) Authenticating data from such stations;
(c) Upgrading stations to the required technical standard, unless
the State responsible for such facilities meets these costs itself;
(d) If necessary, establishing new stations for the purposes of
this Treaty where no appropriate facilities currently exist, unless
the State responsible for such facilities meets these costs itself;
and
(e) Any other costs related to the provision of data required by
the Organization as specified in the relevant operational manuals.
21. The Organization shall also meet the cost of provision to
each State Party of its requested selection from the standard range
of International Data Centre reporting products and services, as
specified in Part I, Section F of the Protocol. The cost of preparation
and transmission of any additional data or products shall be met
by the requesting State Party.
22. The agreements or, if appropriate, arrangements concluded with
States Parties or States hosting or otherwise taking responsibility
for facilities of the International Monitoring System shall contain
provisions for meeting these costs. Such provisions may include
modalities whereby a State Party meets any of the costs referred
to in paragraphs 19 (a) and 20 (c) and (d) for facilities which
it hosts or for which it is responsible, and is compensated by an
appropriate reduction in its assessed financial contribution to
the Organization. Such a reduction shall not exceed 50 percent of
the annual assessed financial contribution of a State Party, but
may be spread over successive years. A State Party may share such
a reduction with another State Party by agreement or arrangement
between themselves and with the concurrence of the Executive Council.
The agreements or arrangements referred to in this paragraph shall
be approved in accordance with Article II, paragraphs 26 (h) and
38 (i).
Changes to the International Monitoring System
23. Any measures referred to in paragraph 11 affecting the International
Monitoring System by means of addition or deletion of a monitoring
technology shall, when agreed, be incorporated into this Treaty
and the Protocol pursuant to Article VII, paragraphs 1 to 6.
24. The following changes to the International Monitoring System,
subject to the agreement of those States directly affected, shall
be regarded as matters of an administrative or technical nature
pursuant to Article VII, paragraphs 7 and 8:
(a) Changes to the number of facilities specified in the Protocol
for a given monitoring technology; and
(b) Changes to other details for particular facilities as reflected
in the Tables of Annex 1 to the Protocol (including, inter alia,
State responsible for the facility; location; name of facility;
type of facility; and attribution of a facility between the primary
and auxiliary seismic networks).
If the Executive Council recommends, pursuant to Article VII,
paragraph 8 (d) that such changes be adopted, it shall as a rule
also recommend pursuant to Article VII, paragraph 8 (g) that such
changes enter into force upon notification by the Director-General
of their approval.
25. The Director-General, in submitting to the Executive Council
and States Parties information and evaluation in accordance with
Article VII, paragraph 8 (b), shall include in the case of any proposal
made pursuant to paragraph 24:
(a) A technical evaluation of the proposal;
(b) A statement on the administrative and financial impact of the
proposal; and
(c) A report on consultations with States directly affected by
the proposal, including indication of their agreement.
Temporary Arrangements
26. In cases of significant or irretrievable breakdown of a monitoring
facility specified in the Tables of Annex 1 to the Protocol, or
in order to cover other temporary reductions of monitoring coverage,
the Director-General shall, in consultation and agreement with those
States directly affected, and with the approval of the Executive
Council, initiate temporary arrangements of no more than one year's
duration, renewable if necessary by agreement of the Executive Council
and of the States directly affected for another year. Such arrangements
shall not cause the number of operational facilities of the International
Monitoring System to exceed the number specified for the relevant
network; shall meet as far as possible the technical and operational
requirements specified in the operational manual for the relevant
network; and shall be conducted within the budget of the Organization.
The Director-General shall furthermore take steps to rectify the
situation and make proposals for its permanent resolution. The Director-General
shall notify all States Parties of any decision taken pursuant to
this paragraph.
Cooperating National Facilities
27. States Parties may also separately establish cooperative arrangements
with the Organization, in order to make available to the International
Data Centre supplementary data from national monitoring stations
that are not formally part of the International Monitoring System.
28. Such cooperative arrangements may be established as follows:
(a) Upon request by a State Party, and at the expense of that
State, the Technical Secretariat shall take the steps required to
certify that a given monitoring facility meets the technical and
operational requirements specified in the relevant operational manuals
for an International Monitoring System facility, and make arrangements
for the authentication of its data. Subject to the agreement of
the Executive Council, the Technical Secretariat shall then formally
designate such a facility as a cooperating national facility. The
Technical Secretariat shall take the steps required to revalidate
its certification as appropriate;
(b) The Technical Secretariat shall maintain a current list of cooperating
national facilities and shall distribute it to all States Parties
and;
(c) The International Data Centre shall call upon data from cooperating
national facilities, if so requested by a State Party, for the purposes
of facilitating consultation and clarification and the consideration
of on-site inspection requests, data transmission costs being borne
by that State Party.
The conditions under which supplementary data from such facilities
are made available, and under which the International Data Centre
may request further or expedited reporting, or clarifications, shall
be elaborated in the operational manual for the respective monitoring
network.
C. CONSULTATION AND CLARIFICATION
29. Without prejudice to the right of any State Party to request
an on-site inspection, States Parties should, whenever possible,
first make every effort to clarify and resolve, among themselves
or with or through the Organization, any matter which may cause
concern about possible non-compliance with the basic obligations
of this Treaty.
30. A State Party that receives a request pursuant to paragraph
29 directly from another State Party shall provide the clarification
to the requesting State Party as soon as possible, but in any case
no later than 48 hours after the request. The requesting and requested
States Parties may keep the Executive Council and the Director-General
informed of the request and the response.
31. A State Party shall have the right to request the Director-General
to assist in clarifying any matter which may cause concern about
possible non-compliance with the basic obligations of this Treaty.
The Director-General shall provide appropriate information in the
possession of the Technical Secretariat relevant to such a concern.
The Director-General shall inform the Executive Council of the request
and of the information provided in response, if so requested by
the requesting State Party.
32. A State Party shall have the right to request the Executive
Council to obtain clarification from another State Party on any
matter which may cause concern about possible non-compliance with
the basic obligations of this Treaty. In such a case, the following
shall apply:
(a) The Executive Council shall forward the request for clarification
to the requested State Party through the Director-General no later
than 24 hours after its receipt;
(b) The requested State Party shall provide the clarification to
the Executive Council as soon as possible, but in any case no later
than 48 hour after receipt of the request;
(c) The Executive Council shall take note of the clarification
and forward it to the requesting State Party no later than 24 hours
after its receipt;
(d) If the requesting State Party deems the clarification to be
inadequate, it shall have the right to request the Executive Council
to obtain further clarification from the requested State Party.
The Executive Council shall inform without delay all other States
Parties about any request for clarification pursuant to this paragraph
as well as any response provided by the requested State Party.
33. If the requesting State Party considers the clarification obtained
under paragraph 32 (d) to be unsatisfactory, it shall have the right
to request a meeting of the Executive Council in which States Parties
involved that are not members of the Executive Council shall be
entitled to take part. At such a meeting, the Executive Council
shall consider the matter and may recommend any measure in accordance
with Article V.
D. ON-SITE INSPECTIONS
Request for an On-Site Inspection
34. Each State Party has the right to request an on-site inspection
in accordance with the provisions of this Article and Part II of
the Protocol in the territory or in any other place under the jurisdiction
or control of any State Party, or in any area beyond the jurisdiction
or control of any State.
35. The sole Purpose of an on-site inspection shall be to clarify
whether a nuclear weapon test explosion or any other nuclear explosion
has been carried out in violation of Article I and, to the extent
possible, to gather any facts which might assist in identifying
any possible violator.
36. The requesting State Party shall be under the obligation to
keep the on-site inspection request within the scope of this Treaty
and to provide in the request information in accordance with paragraph
37. The requesting State Party shall refrain from unfounded or abusive
inspection requests.
37. The on-site inspection request shall be based on information
collected by the International Monitoring System, on any relevant
technical information obtained by national technical means of verification
in a manner consistent with generally recognized principles of international
law, or on a combination thereof. The request shall contain information
pursuant to Part II, paragraph 41 of the Protocol.
38. The requesting State Party shall present the on-site inspection
request to the Executive Council and at the same time to the Director-General
for the latter to begin immediate processing.
Follow-up After Submission of an On-Site Inspection Request
39. The Executive Council shall begin its consideration immediately
upon receipt of the on-site inspection request.
40. The Director-General, after receiving the on-site inspection
request, shall acknowledge receipt of the request to the requesting
State Party within two hours and communicate the request to the
State Party sought to be inspected within six hours. The Director-General
shall ascertain that the request meets the requirements specified
in Part II, paragraph 41 of the Protocol, and, if necessary, shall
assist the requesting State Party in filing the request accordingly,
and shall communicate the request to the Executive Council and to
all other states Parties within 24 hours.
41. When the on-site inspection request fulfils the requirements,
the Technical Secretariat shall begin preparations for the on-site
inspection without delay.
42. The Director-General, upon receipt of an on-site inspection
request referring to an inspection area under the jurisdiction or
control of a State Party, shall immediately seek clarification from
the State Party sought to be inspected in order to clarify and resolve
the concern raised in the request.
43. A State Party that receives a request for clarification pursuant
to paragraph 42 shall provide the Director-General with explanations
and with other relevant information available as soon as possible,
but no later than 72 hours after receipt of the request for clarification.
44. The Director-General, before the Executive Council takes a
decision on the on-site inspection request, shall transmit immediately
to the Executive Council any additional information available from
the International Monitoring System or provided by any State Party
on the event specified in the request, including any clarification
provided pursuant to paragraphs 42 and 43, as well as any other
information from within the Technical Secretariat that the Director-General
deems relevant or that is requested by the Executive Council.
45. Unless the requesting State Party considers the concern raised
in the on-site inspection request to be resolved and withdraws the
request, the Executive Council shall take a decision on the request
in accordance with paragraph 46.
Executive Council Decisions
46. The Executive Council shall take a decision on the on-site inspection
request no later than 96 hours after receipt of the request from
the requesting State Party. The decision to approve the on-site
inspection shall be made by at least 30 affirmative votes of members
of the Executive Council. If the Executive Council does not approve
the inspection, preparations shall be stopped and no further action
on the request shall be taken.
47. No later than 25 days after the approval of the on-site inspection
in accordance with paragraph 46, the inspection team shall transmit
to the Executive Council, through the Director-General, a progress
inspection report. The continuation of the inspection shall be considered
approved unless the Executive Council, no later than 72 hours after
receipt of the progress inspection report, decides by a majority
of all its members not to continue the inspection. If the Executive
Council decides not to continue the inspection, the inspection shall
be terminated, and the inspection team shall leave the inspection
area and the territory of the inspected State Party as soon as possible
in accordance with Part II, paragraphs 109 and 110 of the Protocol.
48. In the course of the on-site inspection, the inspection team
may submit to the Executive Council, through the Director-General,
a proposal to conduct drilling. The Executive Council shall take
a decision on such a proposal no later than 72 hours after receipt
of the proposal. The decision to approve drilling shall be made
by a majority of all members of the Executive Council.
49. The inspection team may request the Executive Council, through
the Director-General, to extend the inspection duration by a maximum
of 70 days beyond the 60-day time-frame specified in Part II, paragraph
4 of the Protocol, if the inspection team considers such an extension
essential to enable it to fulfil its mandate. The inspection team
shall indicate in its request which of the activities and techniques
listed in Part II, paragraph 6 of the Protocol it intends to carry
out during the extension period. The Executive Council shall take
a decision on the extension request no later than 72 hours after
receipt of the request. The decision to approve an extension of
the inspection duration shall be made by a majority of all members
of the Executive Council.
50. Any time following the approval of the continuation of the
on-site inspection in accordance with paragraph 47, the inspection
team may submit to the Executive Council, through the Director-General,
a recommendation to terminate the inspection. Such a recommendation
shall be considered approved unless the Executive Council, no later
than 72 hours after receipt of the recommendation, decides by a
two-thirds majority of all its members not to approve the termination
of the inspection. In case of termination of the inspection, the
inspection team shall leave the inspection area and the territory
of the inspected State Party as soon as possible in accordance with
Part II, paragraphs 109 and 110 of the Protocol.
51. The requesting State Party and the State Party sought to be
inspected may participate in the deliberations of the Executive
Council on the on-site inspection request without voting. The requesting
State Party and the inspected State Party may also participate without
voting in any subsequent deliberations of the Executive Council
related to the inspection.
52. The Director-General shall notify all States Parties within
24 hours about any decision by and reports, proposals, requests
and recommendations to the Executive Council pursuant to paragraphs
46 to 50.
Follow-up after Executive Council Approval of an On-Site Inspection
53. An on-site inspection approved by the Executive Council shall
be conducted without delay by an inspection team designated by the
Director-General and in accordance with the provisions of this Treaty
and the Protocol. The inspection team shall arrive at the point
of entry no later than six days following the receipt by the Executive
Council of the on-site inspection request from the requesting State
Party.
54. The Director-General shall issue an inspection mandate for the
conduct of the on-site inspection. The inspection mandate shall
contain the information specified in Part II, paragraph 42 of the
Protocol.
55. The Director-General shall notify the inspected State Party
of the inspection no less than 24 hours before the planned arrival
of the inspection team at the point of entry, in accordance with
Part II, paragraph 43 of the Protocol.
The Conduct of an On-Site Inspection
56. Each State Party shall permit the Organization to conduct an
on-site inspection on its territory or at places under its jurisdiction
or control in accordance with the provisions of this Treaty and
the Protocol. However, no State Party shall have to accept simultaneous
on-site inspections on its territory or at places under its jurisdiction
or control.
57. In accordance with the provisions of this Treaty and the Protocol,
the inspected State Party shall have:
(a) The right and the obligation to make every reasonable effort
to demonstrate its compliance with this Treaty and, to this end,
to enable the inspection team to fulfil its mandate;
(b) The right to take measures it deems necessary to protect national
security interests and to prevent disclosure of confidential information
not related to the purpose of the inspection;
(c) The obligation to provide access within the inspection area
for the sole purpose of determining facts relevant to the purpose
of the inspection, taking into account sub-paragraph (b) and any
constitutional obligations it may have with regard to proprietary
rights or searches and seizures;
(d) The obligation not to invoke this paragraph or Part II, paragraph
88 of the Protocol to conceal any violation of its obligations under
Article I; and
(e) The obligation not to impede the ability of the inspection
team to move within the inspection area and to carry out inspection
activities in accordance with this Treaty and the Protocol.
Access, in the context of an on-site inspection, means both the
physical access of the inspection team and the inspection equipment
to, and the conduct of inspection activities within, the inspection
area.
58. The on-site inspection shall be conducted in the least intrusive
manner possible, consistent with the efficient and timely accomplishment
of the inspection mandate, and in accordance with the procedures
set forth in the Protocol. Wherever possible, the inspection team
shall begin with the least intrusive procedures and then proceed
to more intrusive procedures only as it deems necessary to collect
sufficient information to clarify the concern about possible non-compliance
with this Treaty. The inspectors shall seek only the information
and data necessary for the purpose of the inspection and shall seek
to minimize interference with normal operations of the inspected
State Party.
59. The inspected State Party shall assist the inspection team
throughout the on-site inspection and facilitate its task.
60. If the inspected State Party, acting in accordance with Part
II, paragraphs 86 to 96 of the Protocol, restricts access within
the inspection area, it shall make every reasonable effort in consultations
with the inspection team to demonstrate through alternative means
its compliance with this Treaty.
Observer
61. With regard to an observer, the following shall apply:
(a) The requesting State Party, subject to the agreement of the
inspected State Party, may send a representative, who shall be a
national either of the requesting State Party or of a third State
Party, to observe the conduct of the on-site inspection;
(b) The inspected State Party shall notify its acceptance or non-acceptance
of the proposed observer to the Director-General within 12 hours
after approval of the on-site inspection by the Executive Council;
(c) In case of acceptance, the inspected State Party shall grant
access to the observer in accordance with the Protocol;
(d) The inspected State Party shall, as a rule, accept the proposed
observer, but if the inspected State Party exercises a refusal,
that fact shall be recorded in the inspection report.
There shall be no more than three observers from an aggregate
of requesting States Parties.
Reports of an On-Site Inspection
62. Inspection reports shall contain:
(a) A description of the activities conducted by the inspection
team;
(b) The factual findings of the inspection team relevant to the
purpose of the inspection,
(c) An account of the cooperation granted during the on-site inspection;
(d) A factual description of the extent of the access granted,
including the alternative means provided to the team, during the
on-site inspection; and
(e) Any other details relevant to the purpose of the inspection.
Differing observations made by inspectors may be attached to the
report.
63. The Director-General shall make draft inspection reports available
to the inspected State Party. The inspected State Party shall have
the right to provide the Director-General within 48 hours with its
comments and explanations, and to identify any information and data
which, in its view, are not related to the purpose of the inspection
and should not be circulated outside the Technical Secretariat.
The Director-General shall consider the proposals for changes to
the draft inspection report made by the inspected State Party and
shall wherever possible incorporate them. The Director-General shall
also annex the comments and explanations provided by the inspected
State Party to the inspection report.
64. The Director-General shall promptly transmit the inspection
report to the requesting State Party, the inspected State Party,
the Executive Council and to all other States Parties. The Director-General
shall further transmit promptly to the Executive Council and to
all other States Parties any results of sample analysis in designated
laboratories in accordance with Part II, paragraph 104 of the Protocol,
relevant data from the International Monitoring System, the assessments
of the requesting and inspected States Parties, as well as any other
information that the Director-General deems relevant. In the case
of the progress inspection report referred to in paragraph 47, the
Director-General shall transmit the report to the Executive Council
within the time-frame specified in that paragraph.
65. The Executive Council, in accordance with its powers and functions,
shall review the inspection report and any material provided pursuant
to paragraph 64, and shall address any concerns as to:
(a) Whether any non-compliance with this Treaty has occurred;
and
(b) Whether the right to request an on-site inspection has been
abused.
66. If the Executive Council reaches the conclusion, in keeping
with its powers and functions, that further action may be necessary
with regard to paragraph 65, it shall take the appropriate measures
in accordance with Article V.
Frivolous or Abusive On-Site Inspection Requests
67. If the Executive Council does not approve the on-site inspection
on the basis that the on-site inspection request is frivolous or
abusive, or if the inspection is terminated for the same reasons,
the Executive Council shall consider and decide on whether to implement
appropriate measures to redress the situation, including the following:
(a) Requiring the requesting State Party to pay for the cost of
any preparations made by the Technical Secretariat;
(b) Suspending the right of the requesting State Party to request
an on-site inspection for a period of time, as determined by the
Executive Council; and
(c) Suspending the right of the requesting State Party to serve
on the Executive Council for a period of time.
E. CONFIDENCE-BUILDING MEASURES
68. In order to:
(a) Contribute to the timely resolution of any compliance concerns
arising from possible misinterpretation of verification data relating
to chemical explosions, and
(b) Assist in the calibration of the stations that are part of the
component networks of the International Monitoring System,
each State Party undertakes to cooperate with the Organization
and with other States Parties in implementing relevant measures
as set out in Part III of the Protocol.
ARTICLE V
MEASURES TO REDRESS A SITUATION AND TO ENSURE
COMPLIANCE, INCLUDING SANCTIONS
1. The Conference, taking into account, inter alia, the recommendations
of the Executive Council, shall take the necessary measures, as
set forth in paragraphs 2 and 3, to ensure compliance with this
Treaty and to redress and remedy any situation which contravenes
the provisions of this Treaty.
2. In cases where a State Party has been requested by the Conference
or the Executive Council to redress a situation raising problems
with regard to its compliance and fails to fulfil the request within
the specified time, the Conference may, inter alia, decide to restrict
or suspend the State Party from the exercise of its rights and privileges
under this Treaty until the Conference decides otherwise.
3. In cases where damage to the object and purpose of this Treaty
may result from non-compliance with the basic obligations of this
Treaty, the Conference may recommend to States Parties collective
measures which are in conformity with international law.
4. The Conference, or alternatively, if the case is urgent, the
Executive Council, may bring the issue, including relevant information
and conclusions to the attention of the United Nations.
ARTICLE VI
SETTLEMENT OF DISPUTES
1. Disputes that may arise concerning the application or the interpretation
of this Treaty shall be settled in accordance with the relevant
provisions of this Treaty and in conformity with the provisions
of the Charter of the United Nations.
2. When a dispute arises between two or more States Parties, or
between one or more States Parties and the Organization, relating
to the application or interpretation of this Treaty, the parties
concerned shall consult together with a view to the expeditious
settlement of the dispute by negotiation or by other peaceful means
of the parties' choice, including recourse to appropriate organs
of this Treaty and, by mutual consent, referral to the International
Court of Justice in conformity with the Statute of the Court. The
parties involved shall keep the Executive Council informed of actions
being taken.
3. The Executive Council may contribute to the settlement of a
dispute that may arise concerning the application or interpretation
of this Treaty by whatever means it deems appropriate, including
offering its good offices, calling upon the States Parties to a
dispute to seek a settlement through a process of their own choice,
bringing the matter to the attention of the Conference and recommending
a time-limit for any agreed procedure.
4. The Conference shall consider questions related to disputes
raised by States Parties or brought to its attention by the Executive
Council. The Conference shall, as it finds necessary, establish
or entrust organs with tasks related to the settlement of these
disputes in conformity with Article II, paragraph 26 (j).
5. The Conference and the Executive Council are separately empowered,
subject to authorization from the General Assembly of the United
Nations, to request the International Court of Justice to give an
advisory opinion on any legal question arising within the scope
of the activities of the Organization. An agreement between the
Organization and the United Nations shall be concluded for this
purpose in accordance with Article II, paragraph 38 (h).
6. This Article is without prejudice to Articles IV and V.
ARTICLE VII
AMENDMENTS
1. At any time after the entry into force of this Treaty, any State
Party may propose amendments to this Treaty, the Protocol, or the
Annexes to the Protocol. Any State Party may also propose changes,
in accordance with paragraph 7, to the Protocol or the Annexes thereto.
Proposals for amendments shall be subject to the procedures in paragraphs
2 to 6. Proposals for changes, in accordance with paragraph 7, shall
be subject to the procedures in paragraph 8.
2. The proposed amendment shall be considered and adopted only
by an Amendment Conference.
3. Any proposal for an amendment shall be communicated to the Director-General,
who shall circulate it to all States Parties and the Depositary
and seek the views of the States Parties on whether an Amendment
Conference should be convened to consider the proposal. If a majority
of the States Parties notify the Director-General no later than
30 days after its circulation that they support further consideration
of the proposal, the Director-General shall convene an Amendment
Conference to which all States Parties shall be invited.
4. The Amendment Conference shall be held immediately following
a regular session of the Conference unless all States Parties that
support the convening of an Amendment Conference request that it
be held earlier. In no case shall an Amendment Conference be held
less than 60 days after the circulation of the proposed amendment.
5. Amendments shall be adopted by the Amendment Conference by a
positive vote of a majority of the States Parties with no State
Party casting a negative vote.
6. Amendments shall enter into force for all States Parties 30
days after deposit of the instruments of ratification or acceptance
by all those States Parties casting a positive vote at the Amendment
Conference.
7. In order to ensure the viability and effectiveness of this Treaty,
Parts I and III of the Protocol and Annexes 1 and 2 to the Protocol
shall be subject to changes in accordance with paragraph 8, if the
proposed changes are related only to matters of an administrative
or technical nature. All other provisions of the Protocol and the
Annexes thereto shall not be subject to changes in accordance with
paragraph 8.
8. Proposed changes referred to in paragraph 7 shall be made in
accordance with the following procedures:
(a) The text of the proposed changes shall be transmitted together
with the necessary information to the Director-General. Additional
information for the evaluation of the proposal may be provided by
any State Party and the Director-General. The Director-General shall
promptly communicate any such proposals and information to all States
Parties, the Executive Council and the Depositary;
(b) No later than 60 days after its receipt, the Director-General
shall evaluate the proposal to determine all its possible consequences
for the provisions of this Treaty and its implementation and shall
communicate any such information to all States Parties and the Executive
Council;
(c) The Executive Council shall examine the proposal in the light
of all information available to it, including whether the proposal
fulfils the requirements of paragraph 7. No later than 90 days after
its receipt, the Executive Council shall notify its recommendation,
with appropriate explanations, to all States Parties for consideration.
States Parties shall acknowledge receipt within 10 days;
(d) If the Executive Council recommends to all States Parties that
the proposal be adopted, it shall be considered approved if no State
Party objects to it within 90 days after receipt of the recommendation.
If the Executive Council recommends that the proposal be rejected,
it shall be considered rejected if no State Party objects to the
rejection within 90 days after receipt of the recommendation;
(e) If a recommendation of the Executive Council does not meet
with the acceptance required under sub-paragraph (d), a decision
on the proposal, including whether it fulfils the requirements of
paragraph 7, shall be taken as a matter of substance by the Conference
at its next session;
(f) The Director-General shall notify all States Parties and the
Depositary of any decision under this paragraph;
(g) Changes approved under this procedure shall enter into force
for all States Parties 180 days after the date of notification by
the Director-General of their approval unless another time period
is recommended by the Executive Council or decided by the Conference.
ARTICLE VIII
REVIEW OF THE TREATY
1. Unless otherwise decided by a majority of the States Parties,
ten years after the entry into force of this Treaty a Conference
of the States Parties shall be held to review the operation and
effectiveness of this Treaty, with a view to assuring itself that
the objectives and purposes in the Preamble and the provisions of
the Treaty are being realized. Such review shall take into account
any new scientific and technological developments relevant to this
Treaty. On the basis of a request by any State Party, the Review
Conference shall consider the possibility of permitting the conduct
of underground nuclear explosions for peaceful purposes. If the
Review Conference decides by consensus that such nuclear explosions
may be permitted, it shall commence work without delay, with a view
to recommending to States Parties an appropriate amendment to this
Treaty that shall preclude any military benefits of such nuclear
explosions. Any such proposed amendment shall be communicated to
the Director-General by any State Party and shall be dealt with
in accordance with the provisions of Article VII.
2. At intervals of ten years thereafter, further Review Conferences
may be convened with the same objective, if the Conference so decides
as a matter of procedure in the preceding year. Such Conferences
may be convened after an interval of less than ten years if so decided
by the Conference as a matter of substance.
3. Normally, any Review Conference shall be held immediately following
the regular annual session of the Conference provided for in Article
II.
ARTICLE IX
DURATION AND WITHDRAWAL
1. This Treaty shall be of unlimited duration.
2. Each State Party shall, in exercising its national sovereignty,
have the right to withdraw from this Treaty if it decides that extraordinary
events related to the subject matter of this Treaty have jeopardized
its supreme interests.
3. Withdrawal shall be effected by giving notice six months in
advance to all other States Parties, the Executive Council, the
Depositary and the United Nations Security Council. Notice of withdrawal
shall include a statement of the extraordinary event or events which
a State Party regards as jeopardizing its supreme interests.
ARTICLE X
STATUS OF THE PROTOCOL AND THE ANNEXES
The Annexes to this Treaty, the Protocol, and the Annexes to the
Protocol form an integral part of the Treaty. Any reference to this
Treaty includes the Annexes to this Treaty, the Protocol and the
Annexes to the Protocol.
ARTICLE XI
SIGNATURE
This Treaty shall be open to all States for signature before its
entry into force.
ARTICLE XII
RATIFICATION
This Treaty shall be subject to ratification by signatory States
according to their respective constitutional processes.
ARTICLE XIII
ACCESSION
Any State which does not sign this Treaty before its entry into
force may accede to it at any time thereafter.
ARTICLE XIV
ENTRY INTO FORCE
1. This Treaty shall enter into force 180 days after the date of
deposit of the instruments of ratification by all States listed
in Annex 2 to this Treaty, but in no case earlier than two years
after its opening for signature.
2. If this Treaty has not entered into force three years after
the date of the anniversary of its opening for signature, the Depositary
shall convene a Conference of the States that have already deposited
their instruments of ratification on the request of a majority of
those States. That Conference shall examine the extent to which
the requirement set out in paragraph 1 has been met and shall consider
and decide by consensus what measures consistent with international
law may be undertaken to accelerate the ratification process in
order to facilitate the early entry into force of this Treaty.
3. Unless otherwise decided by the Conference referred to in paragraph
2 or other such conferences, this process shall be repeated at subsequent
anniversaries of the opening for signature of this Treaty, until
its entry into force.
4. All States Signatories shall be invited to attend the Conference
referred to in paragraph 2 and any subsequent conferences as referred
to in paragraph 3, as observers.
5. For States whose instruments of ratification or accession are
deposited subsequent to the entry into force of this Treaty, it
shall enter into force on the 30th day following the date of deposit
of their instruments of ratification or accession.
ARTICLE XV
RESERVATIONS
The Articles of and the Annexes to this Treaty shall not be subject
to reservations. The provisions of the Protocol to this Treaty and
the Annexes to the Protocol shall not be subject to reservations
incompatible with the object and purpose of this Treaty.
ARTICLE XVI
DEPOSITARY
1. The Secretary-General of the United Nations shall be the Depositary
of this Treaty and shall receive signatures, instruments of ratification
and instruments of accession.
2. The Depositary shall promptly inform all States Signatories
and acceding States of the date of each signature, the date of deposit
of each instrument of ratification or accession, the date of the
entry into force of this Treaty and of any amendments and changes
thereto, and the receipt of other notices.
3. The Depositary shall send duly certified copies of this Treaty
to the Governments of the States Signatories and acceding States.
4. This Treaty shall be registered by the Depositary pursuant to
Article 102 of the Charter of the United Nations.
ARTICLE XVII
AUTHENTIC TEXTS
This Treaty, of which the Arabic, Chinese, English, French, Russian
and Spanish texts are equally authentic, shall be deposited with
the Secretary-General of the United Nations.
ANNEX 1 TO THE TREATY
LIST OF STATES PURSUANT TO ARTICLE II, PARAGRAPH 28
Africa
Algeria, Angola, Benin, Botswana, Burkina Faso, Burundi, Cameroon,
Cape Verde, Central African Republic, Chad, Comoros, Congo, Cote
d'Ivoire, Djibouti, Egypt, Equatorial Guinea, Eritrea, Ethiopia,
Gabon, Gambia, Ghana, Guinea, Guinea-Bissau, Kenya, Lesotho, Liberia,
Libyan Arab Jamahiriya, Madagascar, Malawi, Mali, Mauritania, Mauritius,
Morocco, Mozambique, Namibia, Niger, Nigeria, Rwanda, Sao Tome &
Principe, Senegal, Seychelles, Sierra Leone, Somalia, South Africa,
Sudan, Swaziland, Togo, Tunisia, Uganda, United Republic of Tanzania,
Zaire, Zambia, Zimbabwe.
Eastern Europe
Albania, Armenia, Azerbaijan, Belarus, Bosnia and Herzegovina,
Bulgaria, Croatia, Czech Republic, Estonia, Georgia, Hungary, Latvia,
Lithuania, Poland, Republic of Moldova, Romania, Russian Federation,
Slovakia, Slovenia, The former Yugoslav Republic of Macedonia, Ukraine,
Yugoslavia.
Latin America and the Caribbean
Antigua and Barbuda, Argentina, Bahamas, Barbados, Belize, Bolivia,
Brazil, Chile, Colombia, Costa Rica, Cuba, Dominica, Dominican Republic,
Ecuador, El Salvador, Grenada, Guatemala, Guyana, Haiti, Honduras,
Jamaica, Mexico, Nicaragua, Panama, Paraguay, Peru, Saint Kitts
and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Suriname,
Trinidad and Tobago, Uruguay, Venezuela.
Middle East and South Asia
Afghanistan, Bahrain, Bangladesh, Bhutan, India, Iran (Islamic
Republic of), Iraq, Israel, Jordan, Kazakstan, Kuwait, Kyrgyzstan,
Lebanon, Maldives, Oman, Nepal, Pakistan, Qatar, Saudi Arabia, Sri
Lanka, Syrian Arab Republic, Tajikistan, Turkmenistan, United Arab
Emirates, Uzbekistan, Yemen.
North America and Western Europe
Andorra, Austria, Belgium, Canada, Cyprus, Denmark, Finland, France,
Germany, Greece, Holy See, Iceland, Ireland, Italy, Liechtenstein,
Luxembourg, Malta, Monaco, Netherlands, Norway, Portugal, San Marino,
Spain, Sweden, Switzerland, Turkey, United Kingdom of Great Britain
and Northern Ireland, United States of America.
South East Asia, the Pacific and the Far East
Australia, Brunei Darussalam, Cambodia, China, Cook Islands, Democratic
People's Republic of Korea, Fiji, Indonesia, Japan, Kiribati, Lao
People's Democratic Republic, Malaysia, Marshall Islands, Micronesia
(Federated States of), Mongolia, Myanmar, Nauru, New Zealand, Niue,
Palau, Papua New Guinea, Philippines, Republic of Korea, Samoa,
Singapore, Solomon Islands, Thailand, Tonga, Tuvalu, Vanuatu, Viet
Nam.
ANNEX 2 TO THE TREATY
LIST OF STATES PURSUANT TO ARTICLE XIV
List of States members of the Conference on Disarmament as at 18
June 1996 which formally participated in the work of the 1996 session
of the Conference and which appear in Table 1 of the International
Atomic Energy Agency's April 1996 edition of "Nuclear Power
Reactors in the World", and of States members of the Conference
on Disarmament as at 18 June 1996 which formally participated in
the work of the 1996 session of the Conference and which appear
in Table 1 of the International Atomic Energy Agency's December
1995 edition of "Nuclear Research Reactors in the World":
Algeria, Argentina, Australia, Austria, Bangladesh, Belgium, Brazil,
Bulgaria, Canada, Chile, China, Colombia, Democratic People's Republic
of Korea, Egypt, Finland, France, Germany, Hungary, India, Indonesia,
Iran (Islamic Republic of), Israel, Italy, Japan, Mexico, Netherlands,
Norway, Pakistan, Peru, Poland, Romania, Republic of Korea, Russian
Federation, Slovakia, South Africa, Spain, Sweden, Switzerland,
Turkey, Ukraine, United Kingdom of Great Britain and Northern Ireland,
United States of America, Viet Nam, Zaire.
PROTOCOL TO THE COMPREHENSIVE NUCLEAR TEST-BAN TREATY
PART I
THE INTERNATIONAL MONITORING SYSTEM AND
INTERNATIONAL DATA CENTRE FUNCTIONS
A. GENERAL PROVISIONS
1. The International Monitoring System shall comprise monitoring
facilities as set out in Article IV, paragraph 16, and respective
means of communication.
2. The monitoring facilities incorporated into the International
Monitoring System shall consist of those facilities specified in
Annex 1 to this Protocol. The International Monitoring System shall
fulfil the technical and operational requirements specified in the
relevant operational manuals.
3. The Organization, in accordance with Article II, shall, in cooperation
and consultation with the States Parties, with other States, and
with international organizations as appropriate, establish and coordinate
the operation and maintenance, and any future agreed modification
or development of the International Monitoring System.
4. In accordance with appropriate agreements or arrangements and
procedures, a State Party or other State hosting or otherwise taking
responsibility for International Monitoring System facilities and
the Technical Secretariat shall agree and cooperate in establishing,
operating, upgrading, financing, and maintaining monitoring facilities,
related certified laboratories and respective means of communication
within areas under its jurisdiction or control or elsewhere in conformity
with international law. Such cooperation shall be in accordance
with the security and authentication requirements and technical
specifications contained in the relevant operational manuals. Such
a State shall give the Technical Secretariat authority to access
a monitoring facility for checking equipment and communication links,
and shall agree to make the necessary changes in the equipment and
the operational procedures to meet agreed requirements. The Technical
Secretariat shall provide to such States appropriate technical assistance
as is deemed by the Executive Council to be required for the proper
functioning of the facility as part of the International Monitoring
System.
5. Modalities for such cooperation between the Organization and
States Parties or States hosting or otherwise taking responsibility
for facilities of the International Monitoring System shall be set
out in agreements or arrangements as appropriate in each case.
B. SEISMOLOGICAL MONITORING
6. Each State Party undertakes to cooperate in an international
exchange of seismological data to assist in the verification of
compliance with this Treaty. This cooperation shall include the
establishment and operation of a global network of primary and auxiliary
seismological monitoring stations. These stations shall provide
data in accordance with agreed procedures to the International Data
Centre.
7. The network of primary stations shall consist of the 50 stations
specified in Table 1-A of Annex 1 to this Protocol. These stations
shall fulfil the technical and operational requirements specified
in the Operational Manual for Seismological Monitoring and the International
Exchange of Seismological Data. Uninterrupted data from the primary
stations shall be transmitted, directly or through a national data
centre, on-line to the International Data Centre
8. To supplement the primary network, an auxiliary network of 120
stations shall provide information, directly or through a national
data centre, to the International Data Centre upon request. The
auxiliary stations to be used are listed in Table 1-B of Annex 1
to this Protocol. The auxiliary stations shall fulfil the technical
and operational requirements specified in the Operational Manual
for Seismological Monitoring and the International Exchange of Seismological
Data. Data from the auxiliary stations may at any time be requested
by the International Data Centre and shall be immediately available
through on-line computer connections.
C. RADIONUCLIDE MONITORING
9. Each State Party undertakes to cooperate in an international
exchange of data on radionuclides in the atmosphere to assist in
the verification of compliance with this Treaty. This cooperation
shall include the establishment and operation of a global network
of radionuclide monitoring stations and certified laboratories.
The network shall provide data in accordance with agreed procedures
to the International Data Centre.
10. The network of stations to measure radionuclides in the atmosphere
shall comprise an overall network of 80 stations, as specified in
Table 2-A of Annex 1 to this Protocol. All stations shall be capable
of monitoring for the presence of relevant particulate matter in
the atmosphere. Forty of these stations shall also be capable of
monitoring for the presence of relevant noble gases upon the entry
into force of this Treaty. For this purpose the Conference, at its
initial session, shall approve a recommendation by the Preparatory
Commission as to which 40 stations from Table 2-A of Annex 1 to
this Protocol shall be capable of noble gas monitoring. At its first
regular annual session, the Conference shall consider and decide
on a plan for implementing noble gas monitoring capability throughout
the network. The Director-General shall prepare a report to the
Conference on the modalities for such implementation. All monitoring
stations shall fulfil the technical and operational requirements
specified in the Operational Manual for Radionuclide Monitoring
and the International Exchange of Radionuclide Data.
11. The network of radionuclide monitoring stations shall be supported
by laboratories, which shall be certified by the Technical Secretariat
in accordance with the relevant operational manual for the performance,
on contract to the Organization and on a fee-for-service basis,
of the analysis of samples from radionuclide monitoring stations.
Laboratories specified in Table 2-B of Annex 1 to this Protocol,
and appropriately equipped, shall, as required, also be drawn upon
by the Technical Secretariat to perform additional analysis of samples
from radionuclide monitoring stations. With the agreement of the
Executive Council, further laboratories may be certified by the
Technical Secretariat to perform the routine analysis of samples
from manual monitoring stations where necessary. All certified laboratories
shall provide the results of such analysis to the International
Data Centre, and in so doing shall fulfil the technical and operational
requirements specified in the Operational Manual on Radionuclide
Monitoring and the International Exchange of Radionuclide Data.
D. HYDROACOUSTIC MONITORING
12. Each State Party undertakes to cooperate in an international
exchange of hydroacoustic data to assist in the verification of
compliance with this Treaty. This cooperation shall include the
establishment and operation of a global network of hydroacoustic
monitoring stations. These stations shall provide data in accordance
with agreed procedures to the International Data Centre.
13. The network of hydroacoustic stations shall consist of the stations
specified in Table 3 of Annex 1 to this Protocol, and shall comprise
an overall network of six hydrophone and five T- phase stations.
These stations shall fulfil the technical and operational requirements
specified in the Operational Manual for Hydroacoustic Monitoring
and the International Exchange of Hydroacoustic Data.
E. INFRASOUND MONITORING
14. Each State Party undertakes to cooperate in an international
exchange of infrasound data to assist in the verification of compliance
with this Treaty. This cooperation shall include the establishment
and operation of a global network of infrasound monitoring stations.
These stations shall provide data in accordance with agreed procedures
to the International Data Centre.
15. The network of infrasound stations shall consist of the stations
specified in Table 4 of Annex 1 to this Protocol, and shall comprise
an overall network of 60 stations. These stations shall fulfil the
technical and operational requirements specified in the Operational
Manual for Infrasound Monitoring and the International Exchange
of Infrasound Data.
F. INTERNATIONAL DATA CENTRE FUNCTIONS
16. The International Data Centre shall receive, collect, process,
analyse, report on and archive data from International Monitoring
System facilities, including the results of analysis conducted at
certified laboratories.
17. The procedures and standard event screening criteria to be used
by the International Data Centre in carrying out its agreed functions,
in particular for the production of standard reporting products
and for the performance of standard range of services for States
Parties, shall be elaborated in the Operational Manual for the International
Data Centre and shall be progressively developed. The procedures
and criteria developed initially by the Preparatory Commission shall
be approved by the Conference at its initial session.
International Data Centre Standard Products
18. The International Data Centre shall apply on a routine basis
automatic processing methods and interactive human analysis to raw
International Monitoring System data in order to produce and archive
standard International Data Centre products on behalf of all States
Parties. These products shall be provided at no cost to States Parties
and shall be without prejudice to final judgements with regard to
the nature of any event, which shall remain the responsibility of
States Parties, and shall include:
(a) Integrated lists of all signals detected by the International
Monitoring System, as well as standard event lists and bulletins,
including the values and associated uncertainties calculated for
each event located by the International Data Centre, based on a
set of standard parameters;
(b) Standard screened event bulletins that result from the application
to each event by the International Data Centre of standard event
screening criteria, making use of the characterization parameters
specified in Annex 2 to this Protocol, with the objective of characterizing,
highlighting in the standard event bulletin, and thereby screening
out, events considered to be consistent with natural phenomena or
non-nuclear, man-made phenomena. The standard event bulletin shall
indicate numerically for each event the degree to which that event
meets or does not meet the event screening criteria. In applying
standard event screening, the International Data Centre shall use
both global and supplementary screening criteria to take account
of regional variations where applicable. The International Data
Centre shall progressively enhance its technical capabilities as
experience is gained in the operation of the International Monitoring
System;
(c) Executive summaries, which summarize the data acquired and
archived by the International Data Centre, the products of the International
Data Centre, and the performance and operational status of the International
Monitoring System and International Data Centre; and
(d) Extracts or subsets of the standard International Data Centre
products specified in sub-paragraphs (a) to (c), selected according
to the request of an individual State Party.
19. The International Data Centre shall carry out, at no cost
to States Parties, special studies to provide in-depth, technical
review by expert analysis of data from the International Monitoring
System, if requested by the Organization or by a State Party, to
improve the estimated values for the standard signal and event parameters.
International Data Centre Services to States Parties
20. The International Data Centre shall provide States Parties with
open, equal, timely and convenient access to all International Monitoring
System data, raw or processed, all International Data Centre products,
and all other International Monitoring System data in the archive
of the International Data Centre or, through the International Data
Centre, of International Monitoring System facilities. The methods
for supporting data access and the provision of data shall include
the following services:
(a) Automatic and regular forwarding to a State Party of the products
of the International Data Centre or the selection by the State Party
thereof, and, as requested, the selection by the State Party of
International Monitoring System data;
(b) The provision of the data or products generated in response
to ad hoc requests by States Parties for the retrieval from the
International Data Centre and International Monitoring System facility
archives of data and products, including interactive electronic
access to the International Data Centre database; and
(c) Assisting individual States Parties, at their request and at
no cost for reasonable efforts, with expert technical analysis of
International Monitoring System data and other relevant data provided
by the requesting State Party, in order to help the State Party
concerned to identify the source of specific events. The output
of any such technical analysis shall be considered a product of
the requesting State Party, but shall be available to all States
Parties.
The International Data Centre services spe |