prop · H103212 · 2014-03-31 00:00:00 — (b) Exchanging accurate and verified information in accordance with their national law and in the and subject to the conditions specified herein, and coordinating administrative and other measures taken as appropriate to detect, prevent, suppress and investigate the offences set forth in article 2 and also in order to institute criminal proceedings against persons alleged to have committed those crimes. In particular, a State Party shall take appropriate measures in order to inform without delay the other States referred to in article 9 in respect of the commission of the offences set forth in article 2 as well as preparations to commit such offences about which it has learned, and also to inform, where appropriate, international organizations. States Parties shall take appropriate measures consistent with their national law to protect the confidentiality of any information which they receive in confidence by virtue of the provisions of this Convention from another State Party or through participation in an activity carried out for the implementation of this Convention. If St ates Parties provide information to international organizations in confidence, steps shall be taken to ensure that the confidentiality of such information is protected. 3.States Parties shall not be required by this Convention to provide any information which they are not permitted to communicate pursuant to national law or which would jeopardize the security of the State concerned or the physical protection of nuclear material. 4.States Parties shall inform the Secretary-General of the United Nations of their competent authorities and liaison points responsible for sending and receiving the information referred to in the present article. The Secretary- General of the United Nations shall communicate such information regarding competent authorities and liai son points to all States Parties and the . Such authorities and liaison points must be accessible on a continuous basis. For purposes of preventing offences under this Convention, States Parties shall make eve ry effort to adopt appropriate measures to ensure the protection of radioactive material, taking into account relevant recommendations and functions of the . Each State Party shall take such measures as may be necessary to establish its jurisdiction over the offences set forth in article 2 when: The offence is committed in the territory of that State; or The offence is committed on board a flying the flag of that State or an aircraft which is registered under the laws of that State at the time the offence is committed; or The offence is committed by a national of that State. A State Party may also establish its jurisdiction over any such offence The offence is committed against a national of that State; or The offence is committed against a State or government facility of that State abroad, including an embassy or other diplomatic or consular premises of that State; or (c) The offence is committed by a stateless person who has his or her habitual in the territory of that State; or The offence is committed in an attempt to compel that State to do or abstain from doing any act; or The offence is committed on board an aircraft which is operated by the Government of that State. 3.Upon ratifying, accepting, approving or acceding to this Convention, each State Party shall notify the Secretary-General of the United Nations of the jurisdiction it has established under its national law in accordance with paragraph 2 of the present article. Should any change take place, the State Party concerned shall immediately notify the Secretary-General. 4.Each State Party shall likewise take such measures as may be necessary to establish its jurisdiction over the offences set forth in article 2 in cases where the alleged offender is present in its territory and it does not extradite that person to any of the States Parties which have established their jurisdiction in accordance with paragraph 1 or 2 of the present article. 5.This Convention does not exclude the exercise of any criminal jurisdiction established by a State Party in accordance with its national law. 1.Upon receiving information that an offence set forth in article 2 has been committed or is being committed in the territory of a State Party or that a person who has committed or who is alleged to have committed such an offence may be present in its territory, the State Party concerned shall take such measures as may be necessary under its national law to investigate the facts contained in the information. 2.Upon being satisfied that the circumstances so warrant, the State Party in whose territory the offender or alleged offender is present shall take the appropriate measures under its national law so as to ensure that persons presence for the purpose of prosecution or extradition. 3.Any person regarding whom the measures referred to in paragraph 2 of the present article are being taken shall be entitled: (a) To communicate without delay with the nearest appropriate representative of the State of which that person is a national or which is otherwise entitled to protect that persons rights or, if that person is a stateless person, the State in the territory of which that person habitually resides; (b) To be visited by a representative of that State; (c) To be informed of that persons rights under subparagraphs (a) and (b). The rights referred to in paragraph 3 of the present article shall be exercised in conformity with the laws and regulations of the State in the territory of which the offender or alleged offender is present, subject to the provision that the said laws and regulations must enable full effect to be given to the purposes for which the rights accorded under paragraph 3 are intended. 5.The provisions of paragraphs 3 and 4 of the present article shall be without prejudice to the right of any State Party having a claim to jurisdiction in accordance with article 9, paragraph 1 (c) or 2 (c), to invite to communicate with and visit the alleged offender. 6.When a State Party, pursuant to the present article, has taken a person into custody, it shall immediately notify, directly or through the Secretary- General of the United Nations, the States Parties which have established jurisdiction in accordance with article 9, paragraphs 1 and 2, and, if it considers it advisable, any other interested States Parties, of the fact that that person is in custody and of the circumstances which warrant that persons detention. which makes the investigation contemplated in paragraph 1of the present article shall promptly inform the said States Parties of its findings and shall indicate whether it intends to exercise jurisdiction. 1.The State Party in the territory of which the alleged offender is present shall, in cases to which article 9 applies, if it does not extradite that person, be obliged, without exception whatsoever and whether or not the offence was committed in its territory, to submit the case without undue delay to its competent authorities for the purpose of prosecution, through proceedings in accordance with the laws of that State. Those authorities shall take their decision in the same as in the case of any other offence of a grave nature under the law of that State. 2.Whenever a State Party is permitted under its national law to extradite or otherwise surrender one of its nationals only upon the condition that the person will be returned to that State to serve the sentence imposed as a result of the trial or proceeding for which the extradition or surrender of the person was sought, and this State and the State seeking the extradition of the person agree with this option and other terms they may deem appropriate, such a conditional extradition or surrender shall be sufficient to discharge the obligation set forth in paragraph 1 of the present article. person who is taken into custody or regarding whom any other measures are taken or proceedings are carried out pursuant to this Convention shall be guaranteed fair treatment, including enjoyment of all rights and guarantees in conformity with the law of the State in the territory of which that person is present and applicable provisions of international law, including international law of human rights. 1.The offences set forth in article 2 shall be deemed to be included as extraditable offences in any extradition treaty existing between any of the States Parties before the entry into force of this Convention. States Parties undertake to include such offences as extraditable offences in every extradition treaty to be subsequently concluded between them. 2.When a State Party which makes extradition conditional on the existence of a treaty receives a request for extradition from another State Party with which it has no extradition treaty, the requested State Party may, at its option, consider this Convention as a legal basis for extradition in respect of the offences set forth in article 2. Ext radition shall be subject to the other conditions provided by the law of the requested State. 3.States Parties which do not make extradition conditional on the existence of a treaty shall recognize the offences set forth in article 2 as extraditable offences between themselves, subject to the conditions provided by the law of the requested State. 4.If necessary, the offences set forth in article 2 shall be treated, for the purposes of extradition between States Parties, as if they had been committed not only in the place in which they occurred but also in the territory of the States that have established jurisdiction in accordance with article 9, paragraphs 1 and 2. 5.The provisions of all extradition treaties and arrangements between States Parties with regard to offences set forth in article 2 shall be deemed to be modified as between States Parties to the extent that they are incompatible with this Convention. 1.States Parties shall afford one another the greatest measure of assistance in connection with investigations or criminal or extradition proceedings brought in respect of the offences set forth in article 2, including assistance in obtaining evidence at their disposal necessary for the proceedings. 2.States Parties shall carry out their obligations under paragraph 1 of the present article in conformity with any treaties or other arrangements on mutual legal assistance that may exist between them. In the absence of such treaties or arrangements, States Parties shall afford one another assistance in accordance with their national law. None of the offences set forth in article 2 shall be regarded, for the purposes of extradition or mutual legal assistance, as a political offence or as an offence connected with a political offence or as an offence inspired by political motives. Accordingly, a request for extradition or for mutual legal assistance based on such an offence may not be refused on the sole ground that it concerns a political offence or an offence connected with a political offence or an offence inspired by political motives. Nothing in this Convention shall be interpreted as imposing an obligation to extradite or to afford mutual legal assistance if the requested State Party has substantial grounds for believing that the request for extradition for offences set forth in article 2 or for mutual legal assistance with respect to such offences has been made for the purpose of prosecuting or punishing a person on account of that persons race, religion, nationality, ethnic origin or political opinion or that compliance with the request would cause prejudice to that persons position for any of these reasons. A person who is being detained or is serving a sentence in the territory of one State Party whose presence in another State Party is requested for purposes of testimony, identification or otherwise providing assistance in obtaining evidence for the investigation or prosecution of offences under this Convention may be transferred if the following conditions are met: The person freely gives his or her informed consent; and The competent authorities of both States agree, subject to such conditions as those States may deem appropriate. 2.For the purposes of the present article: (a) to which the person is transferred shall have the authority and obligation to keep the person transferred in custody, unless otherwise requested or authorized by the State from which the person was transferred; (b) to which the person is transferred shall without delay implement its obligation to return the person to the custody of the State from which the person was transferred as agreed beforehand, or as otherwise agreed, by the competent authorities of both States; (c) to which the person is transferred shall not require the State from which the person was transferred to initiate extradition proceedings for the return of the person; (d) The person transferred shall receive credit for service of the sentence being served in the State from which he or she was transferred for time spent in the custody of the State to which he or she was transferred. Unless the State Party from which a person is to be transferred in accordance with the present article so agrees, that person, whatever his or her nationality, shall not be prosecuted or detained or subjected to any other restriction of his or her personal in the territory of the State to which that person is transferred in respect of acts or convictions anterior to his or her departure from the territory of the State from which such person was transferred. Upon seizing or otherwise taking control of radioactive material, devices or nuclear facilities, following the commission of an offence set forth in article 2, the State Party in possession of such items shall: Take steps to render harmless the radioactive material, device or Ensure that any nuclear material is held in accordance with applicable safeguards; and regard to physical protection recommendations and health and safety standards published by the . Upon the completion of any proceedings connected with an offence set forth in article 2, or sooner if required by international law, any radioactive material, device or nuclear facility shall be returned, after consultations (in particular, regarding modalities of return and storage) with the States Parties concerned to the State Party to which it belongs, to the State Party of which the natural or legal person owning such radioactive material, device or facility is a national or resident, or to the State Party from whose territory it was stolen or otherwise unlawfully obtained. (a) Where a State Party is prohibited by national or international law from returning or accepting such radioactive material, device or nuclear facility or where the States Parties concerned so agree, subject to paragraph 3 (b) of the present article, the State Party in possession of the radioactive material, devices or nuclear facilities shall continue to take the steps described in paragraph 1 of the present article; such radioactive material, devices or nuclear facilities shall be used only for peaceful purposes; (b) Where it is not lawful for the State Party in possession of the radioactive material, devices or nuclear facilities to possess them, that State shall ensure that they are placed as soon as possible in the possession of a State for which such possession is lawful and which, where appropriate, has provided consistent with the requirements of paragraph 1 of the present article in consultation with that State, for the purpose of rendering it harmless; such radioactive material, devices or nuclear fac ilities shall be used only for peaceful purposes. If the radioactive material, devices or nuclear facilities referred to in paragraphs 1 and 2 of the present article do not belong to any of the States Parties or to a national or resident of a State Part y or was not stolen or otherwise unlawfully obtained from the territory of a State Party, or if no State is willing to receive such items pursuant to paragraph 3 of the present article, a separate decision concerning its disposition shall, subject to paragraph 3 (b) of the present article, be taken after consultations between the States concerned and any relevant international organizations. 5.For the purposes of paragraphs 1, 2, 3 and 4 of the present article, the State Party in possession of the radioactive material, device or nuclear facility may request the assistance and cooperation of other States Parties, in particular the States Parties concerned, and any relevant international organizations, in particular the . States Parties and the relevant international organizations are encouraged to provide assistance pursuant to this paragraph to the maximum extent possible. 6.The States Parties involved in the disposition or retention of the radioactive material, device or nuclear facility pursuant to the present article shall inform the Director General of the of the in which such an item was disposed of or retained. The Director General of the shal l transmit the information to the other States Parties. 7.In the event of any dissemination in connection with an offence set forth in article 2, nothing in the present article shall affect in any way the rules of international law governing liability for nuclear damage, or other rules of international law. The State Party where the alleged offender is prosecuted shall, in accordance with its national law or applicable procedures, communicate the final outcome of the proceedings to the Secret ary-General of the United Nations, who shall transmit the information to the other States Parties. States Parties shall conduct consultations with one another directly or through the Secretary-General of the United Nations, with the assistanc e of international organizations as necessary, to ensure effective implementation of this Convention. The States Parties shall carry out their obligations under this Convention in a consistent with the principles of sovereign equality and territorial integrity of States and that of non-intervention in the domestic affairs of other States. Nothing in this Convention entitles a State Party to undertake in the territory of another State Party the exercise of jurisdiction and performance of functions which are exclusively reserved for the authorities of that other State Party by its national law. 1.Any dispute between two or more States Parties concerning the interpretation or application of this Convention which cannot be settled through negotiation within a reasonable time shall, at the request of one of them, be submitted to arbitration. If, within six months of the date of the request for arbitration, the parties are unable to agree on the organization of the arbitration, any one of those parties may refer the dispute to the International Court of , by application, in conformity with the Statute of the Court. 2.Each State may, at the time of signature, ratification, acceptance or approval of this Convent ion or accession thereto, declare that it does not consider itself bound by paragraph 1 of the present article. The other States Parties shall not be bound by paragraph 1 with respect to any State Party which has made such a reservation. 3.Any State which has made a reservation in accordance with paragraph 2 of the present article may at any time withdraw that reservation by notification to the Secretary-General of the United Nations. This Convention shall be open for signature by all States from until at United Nations Headquarters in . 2.This Convention is subject to ratification, acceptance or approval. The instruments of ratification, acceptance or approval shall be deposited with the Secretary-General of the United Nations. 3.This Convention shall be open to accession by any State. The instruments of accession shall be deposited with the Secretary-General of the United Nations. 1.This Convention shall enter into force on the thirtieth day following the date of the deposit of the twenty-second instrument of ratification, acceptance, approval or accession with the Secretary-General of the United Nations. 2.For each State ratifying, accepting, approving or acceding to the Convention after the deposit of the twenty-second instrument of ratification, acceptance, approval or accession, the Convention shall enter into force on the thirtieth day after deposit by such State of its instrument of ratification, acceptance, approval or accession. 1.A State Party may propose an amendment to this Convention. The proposed amendment shall be submitted to the depositary, who circulates it immediately to all States Parties. 2.If the majority of the States Parties request the depositary to convene a conference to consider the proposed amendments, the depositary shall invite all States Parties to attend such a conference to begin no sooner than three months after the invitations are issued. The conference shall make every effort to ens ure amendments are adopted by consensus. Should this not be possible, amendments shall be adopted by a two-thirds majority of all States Parties. amendment adopted at the conference shall be promptly circulated by the depositary to all States Parties. The amendment adopted pursuant to paragraph 3 of the present article shall enter into force for each State Party that deposits its instrument of ratification, acceptance, accession or approval of the amendment on the thirtieth day after the date on whic h two thirds of the States Parties have deposited their relevant instrument. Thereafter, the amendment shall enter into force for any State Party on the thirtieth day after the date on which that State deposits its relevant instrument. 1.Any State Party may denounce this Convention by written notification to the Secretary-General of the United Nations. 2.Denunciation shall take effect one year following the date on which notification is received by the Secretary-General of the United Nations . The original of this Convention, 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, who shall send certified copies thereof to all States. IN WITNESS WHEREOF, the undersigned, being duly authorized thereto by their respective Governments, have signed this Convention, opened for signature at United Nations Headquarters in on . Internationell konvention för bekämpande av nukleär terrorism De stater som är parter i denna konvention, som beaktar ändamålen och grundsatserna i stadga om upprätthållande av internationell fred och säkerhet och främjande av grannsämja, vänskapliga förbindelser och samarbete mellan staterna, som erinrar om förklaringen i anledning av femtioårsdag , som erkänner alla staters rätt att utveckla och använda kärnenergi för fredliga syften och deras rättmätiga intressen i de möjliga fördelar som kan skapas av fredlig användning av kärnenergi, som beaktar konventionen om fysiskt skydd av kärnämne , som är djupt oroade över de tilltagande terrordåden i alla dess former och yttringar i hela världen, som erinrar om förklaringen om åtgärder för att undanröja internationell terrorism, bifogad generalförsamlingens resolution 49/60 av , i vilken, bland annat, medlemsstater högtidligen bekräftar sitt kategoriska fördömande av alla terrordåd, terrormetoder och terrormanipulationer såsom brottsliga och oförsvarliga, var de än begås och vem som än begår dem, inbegripet handlingar som äventyrar de vänskapliga relationerna mellan stater och folk samt hotar staternas territoriella integritet och säkerhet, som konstaterar att staterna i förklaringen även uppmanas att se över räckvidden av de befintliga internationella rättsreglerna om förebyggande, bekämpande och undanröjande av terrorism i alla dess former och yttringar i syfte att säkerställa att det finns ett omfattande rättsligt ramverk som täcker frågans alla aspekter,