INF./)fc7^-INFCIRC/336
18 November 1986

International Atomic Energy Agency

GENERALDistr

Original

INFORMATION CIRCULAR

ARABIC, CHDESE, ENGLISH,FRENCH, RUSSIAN and SPANISHCONVENTION ON ASSISTANCE IN THE CASE
OF A NUCLEAR ACCIDENT OR RADIOLOGICAL EMERGENCY

1.

The Convention on Assistance in the Case of a Nuclear Accident

or Radiological Emergency was adopted by the General Conference atits special session, 24-26 September 1986, and was opened fvr
signature at Vi enns on 26 September 1986 and at New York on*/

6 October 1986.-

2.

The text of the Convention, taken from a certified copy, isreproduced herein for the information of all Members.

*/

The date of entry into force will be announced in an Addendum
to this document.

CONVENTION ON ASSISTANCE IN THE CASE
OF A NUCLEAR ACCIDENT OR RADIOLOGICAL EMERGENCY

THE STATES PARTIES TO THIS CONVENTION,
AWARE that nuclear activities are being carried out in a number of States,
NOTING that comprehensive measures have been and are being taken to ensure a high level osafety in nuclear activities, aimed at preventing nuclear accidents and minimizing the consequencesof any such accident, should it occur,
DESIRING to strengthen further international co-operation in the safe development and use of
nuclear energy,
CONVINCED of the need for an international framework which will facilitate the prompt provision of assistance in the event of a nuclear accident or radiological emergency to mitigate its
consequences,
NOTING the usefulness of bilateral and multilateral arrangements on mutual assistance in thisarea,
NOTING the activities of the International Atomic Energy Agency in developing guidelines formutual emergency assistance arrangements in connection with a nuclear accident or radiologicalemergency,
HAVE AGREED as follows:

Article 1
General provisions
1. The States Parties shall cooperate between themselves and with the International Atomic Energy
Agency (hereinafter referred to as the "Agency") in accordance with the provisions of this Convention
to facilitate prompt assistance in the event of a nuclear accident or radiological emergency to minimize
its consequences and to protect life, property and the environment from the effects of radioactive
releases.
2. To facilitate such cooperation States Parties may agree on bilateral or multilateral arrangementsor, where appropriate, a combination of thess, for preventing or minimizing injury and damage which
may result in the event of a nuclear accident or radiological emergency.
3. The States Parties request the Agency, acting within the framework of its Statute, to use its best
endeavours in accordance with the provisions of this Convention to promote, facilitate and support thecooperation between States Parties provided for in this Convention.

Article 2
Provision of assistance
1. If a State Party needs assistance in the event of a nuclear accident or radiological emergency,
whether or not such accident or emergency originates within its territory, jurisdiction or control, it may
call for such assistance from any other State Party, directly or through the Agency, and from the
Agency, or, where appropriate, from other international intergovernmental organizations (hereinafterreferred to as "international organizations").
2. A State Party requesting assistance shall specify the scope and type of assistance required and,
where practicable, provide the assisting party with such information as may be necessary for that party
to determine the extent to which it is able to meet the request. In the event that it is not practicablefor the requesting State Party to specify the scope and type of assistance required, the requesting State
Party and the assisting party shall, in consultation, decide upon the scope and type of assistancerequired.
3. Each State Party to which a request for such assistance is directed shall promptly decide andnotify the requesting State Party, directly or through the Agency, whether it is in a position to render
the assistance requested, and the scope and terms of the assistance that might be rendered.
4. States Parties shall, within the limits of their capabilities, identify and notify the Agency ol
experts, equipment and materials which could be made available for the provision of assistance to otherStates Parties in the event of a nuclear accident or radiological emergency as well as (he tc ms,
especially financial, under which such assistance could be provided.
5. Any State Party may request assistance relating to medical treatment or temporary relocation into
the territory of another State Party of people involved in a nuclear accident or radiological emergency.
6. The Agency shall respond, in accordance with its Statute and as provided for in this Convention,
to a requesting State Party's or a Member State's request for assistance in the event of a nuclear
accident or radiological emergency by:(a)making available appropriate resources allocated for this purpose;(b) transmitting promptly the request to other States and international organizations which,according to the Agency's information, may possess the necessary resources; and(c)

if so requested by the requesting State, co-ordinating the assistance at the international level
which may thus become available.

Article 3
Direction and control of assistance
Unless otherwise agreed:(a) the overal' direction, control, co-ordination ar.J supervision of the assistance shall be theresponsibility within its territory of the requesting State. The assisting party should, where
the assistance involves personnel, designate in consultation with the requesting State, the-4 -person who should be in charge of and retain immediate operational supervision over the
personnel and the equipment provided by it. The designated person should exercise suchsupervision in cooperation with the appropriate authorities of the requesting State;(b) the requesting State shall provide, to the extent of its capabilities, local facilities and service
for the proper and effective administration of the assistance. It shall also ensure the protection of personnel, equipment and materials brought into its territory by or on behalf of theassisting party for such purpose:(c) ownership of equipment and materials provided by either party during the periods ofassistance shall be unaffected, and their return shall be ensured;(d) a State Party providing assistance in response to a request under paragraph S of article 2
shall co-ordinate that assistance within its territory.

Article 4Competent authorities and points of contact
1. Each State Party shall make known to the Agency and to other States Parties, directly or throughthe Agency, its competent authorities and point of contact authorized to make and receive requests forand to accept offers of assistance. Such points of contact and a focal point within the Agency shall beavailable continuously.
2. Each State Party shall promptly inform the Agency of any changes that may occur in the information referred to in paragraph 1.
3. The Agency shall regularly and expeditiously provide to States Parties, Member States andrelevant international organizations the information referred to in paragraphs 1 and 2.

Article 5
Functions of the Agency
The States Parties request the Agency, in accordance with paragraph 3 of article 1 and without
prejudice to other provisions of this Convention, to:(a) collect and disseminate to States Parties and Member States information concerning:(i)experts, equipment and materials which could be made available in the event of nuclear
accidents or radiological emergencies;(ii) methodologies, techniques and available results of research relating to response tonuclear accidents or radiological emergencies;(b) assist a State Party or a Member State when requested in any of the following or otherappropriate matters:(i)

preparing both emergency plans in the case of nuclear accidents and radiological emergencies and the appropriate legislation;
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(ii)

developing appropriate training programmes for personnel to deal with nuclear
accidents and radiological emergencies;(iii) transmitting requests for assistance and relevant information in the event of a nuclear
accident or radiological emergency;(iv) developing appropriate radiation monitoring programmes, procedures and standards;(v)

conducting investigations into the feasibility of establishing appiopriate radiation
monitoring systems;(c)make available to a State Party or a Member State requesting assistance in the event of a
nuclear accident or radiological emergency appropriate resources allocated for the purposeof conducting an initial assessment of the accident or emergency;(d)offer its good offices to the States Parties and Member States in the event of a nuclear
accident or radiological emergency;(e)establish and maintain liaison with relevant international organizations for the purposes ofobtaining and exchanging relevant information and data, and make a list of such organizations available to States Parties, Member States and the aforementioned organizations.

Article 6
Confidentiality and public statements
1. The requesting State and the assisting party shall protect the confidentiality of any confidential
information that becomes available to either of them in connection with the assistance in the event of
a nuclear accident or radiological emergency. Such information shall be used exclusively for the
purpose of the assistance agreed upon.
2. The assisting party shall make every effort to coordinate with the requesting State before releasing
information to the public on the assistance provided in connection with a nuclear accident or radiological emergency.

Article 7
Reimbursement of costs
I. An assisting party may offer assistance without costs to the requesting State. When considering
whether to offer assistance on such a basis, the assisting party shall take into account:(a)the nature of the nuclear accident or radiological emergency;(b)

the place of origin of the nuclear accident or radiological emergency;(c)the needs of developing countries;(d)the particular needs of countries without nuclear facilities; and(e)any other relevant factors.

_

6 -2. When rssistance is provided wholly or partly on a reimbursement basis, the requesting State shall
reimburse the assisting party for the costs incurred for the services rendered by r e.sons or organizations acting on its behalf, and for all expenses in connection with the assistance to the extent that such
expenses are not directly defrayed by the requesting State. Unless otherwise agreed, reimbursement
shall be provided promptly after the assisting party has presented its request for reimbursement to therequesting State, and in respect of costs other than local costs, shall be freely transferrablc.
3. Notwithstanding paragraph 2, the assisting party may at any time waive, or agree to the postponement of, the reimbursement in whole or in part. In considering such waiver or postponement, assisting
parties shall give due consideration to the needs of developing countries.

Article 8Privileges, immunities and facilities
1. The requesting State shall afford to personnel of the assisting party and personnel acting on its
behalf the necessary privileges, immunities and facilities for the performance of their assistancefunctions.
2. The requesting State shall afford the following privileges and immunities to personnel of theassisting party or personnel acting on its behalf who have been duly notified to and accepted by therequesting State:(a) immunity from arrest, detention and legal process, including criminal, civil and administrative jurisdiction, of the requesting State, in respect of acts or omissions in the performanceof their duties; and(b) exemption from taxation, duties or other charges, except those which are normally incorporated in the price of goods or paid for services rendered, in respect of the performance of
their assistance functions.
3.

The requesting State shall:(a) afford the assisting party exemption from taxation, duties or other charges on the equipment
and property brought into the territory of the requesting State by the assisting party for the
purpose of the assistance; and(b) provide immunity from seizure, attachment or requisition of such equipment and property.

4. The requesting State shall ensure the return of such equipment and property. If requested by theassisting party, the requesting State shall arrange, to the extent it is able to do so. for the necessary
decontamination of recoverable equipment involved in the assistance before its return.
5. The requesting State shall facilitate the entry into, stay in and departure from its national territoryof personnel notified pursuant to paragraph 2 and of equipment and property involved in the assistance.
6. Nothing in this article shall require the requesting State to provide its nationals or permanent
residents with the privileges and immunities provided for in the foregoing paragraphs.
7. Without prejudice to the privileges and immunities, all beneficiaries enjoying sucii privileges andimmunities under this article have a duty to respect the laws and regulations of the requesting State.
They shall also have the duty not to interfere in the domestic affairs of the requesting State.
-

7 -8. Nothing in this article shall prejudice rights and obligations with respect to privileges andimmunities afforded pursuant to other international agreements or the rules of customary internationallaw.
9. When signing, ratifying, accepting, approving or acceding to this Convention, a Stale may
declare that it does not consider itself bound in whole or in part by paragraphs 2 and 3.
10. A State Party which has made a declaration in accordance with paragraph 9 may at any time withdraw it by notification to the depositary.

Article »Transit of personnel, equipment and property
Each State Party shall, at the request of the requesting State or the assisting party, seek tofacilitate the transit through its territory of duly notified personnel, equipment and property involvedin the assistance to and from the requesting State.

Article 10
Claims and compensation

1. The States Parties shall closely cooperate in order to facilitate the settlement of legal proceedings
and claims under this article.
2. Unless otherwise agreed, a requesting State shall in respect of death or of injury to persons,damage to or loss cf property, or damage to the environment caused within its territory or other area
under its jurisdiction or control in the course of providing the assistance requested:(a)

not bring any legal proceedings against the assisting party or persons or other legal entities
acting on its behalf;(b) assume responsibility for dealing with legal proceedings and claims brought by third parties
against the assisting party or against persons or other legal entities acting on its behalf;(c) hold the assisting party or persons or other legal entities acting on its behalf harmless inrespect of legal proceedings and claims referred to in sub-paragraph (b), and(d) compensate the assisting party or persons or other legal entities acting on its behalf for:(i)death of or injury to personnel of the assisting party or persons acting on its behalf;(ii) loss of or damage to non-consumable equipment or materials related to the assistance;
except in cases of wilful misconduct by the individuals who caused the death, injury, loss or damage.
3. This article shall not prevent compensation or indemnity available under any applicable international agreement or national law of any State.
4. Nothing in this article shall require the requesting State to apply paragraph 2 in whole or in partto its nationals or permanent residents.
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8-

5.
When signing, ratifying, accepting, approving or acceding to this Convention, a State may
declare:(a)that it does not consider itself bound in whole or in part by paragraph 2;(b)that it will not apply paragraph 2 in whole or in pan in cases of gross negligence by theindividuals who caused the death, injury, loss or damage.

6.
A State Party which has made a declaration in accordance with paragraph S may at any time withdraw it by notification to the depositary.

Article 11
T r r r i n t i o n of assist—**
The requesting State or the assisting party may at any time, after appropriate consultations andby notification in writing, request the termination of assistance received or provided under this Convention. Once such a request has been made, the parties involved shall consult with each other to makearrangements for the proper conclusion of the assistance.

Article 12
Relationship to other international agreements
This Convention shall not affect the reciprocal rights and obligations of States Parties under existing international agreements which relate to the matters covered by this Convention, or under futureinternational agreements concluded in accordance with the object and purpose of this Convention.

Article 13
Settlement of disputes
1.
In the event of a dispute between States Parties, or between a State Party and the Agency,
concerning the interpretation or application of this Convention, the parties to the dispute shall consult
with a view to the settlement of the dispute by negotiation or by any other peaceful means of settling
disputes acceptable to them.
2.
If a dispute of this character between States Parties cannot be settled within one year from therequest for consultation pursuant to paragraph I, it shall, at the request of any party to such dispute,be submitted to arbitration or referred to the International Court of Justice for decision. Where a dispute is submitted to arbitration, if, within six months from the date of the request, the parties to thedispute are unable to agree on the organization of the arbitration, a party may request the Presidentof the International Court of Justice or the Secretary-General of the United Nations to appoint one ormore arbitrators. In cases of conflicting requests by the parlies to the dispute, the request to theSecretary-General of the United Nations shell have priority.
3.
When signing, ratifying, accepting, approving or acceding to this Convention, a State may
declare that it does not consider itself bound by either or both of the dispute settlement procedures-

9 -provided for in paragraph 2 . The other States Parties shall not be bound by a dispute settlement procedure provided for in paragraph 2 with respect to a State Party for which such a declaration is in force.
4.

A Stale Party which has made a declaration in accordance with paragraph 3 may at any time with-draw it by notification to the depositary.

Article 14
Entry into force
1.
This Convention shall be open for signature by all Stales and Namibia, represented by the United
Nations Council for Namibia, at the Headquarters of die International Atomic Energy Agency in
Vienna and at die Headquarters of me United Nations in New York, from 26 September 1986 and6 October 1986 respectively, until its entry into force or for twelve months, whichever period islonger.
2.
A Stale and Namibia, represented by the United Nations Council for Namibia, may express its
consent to be bound by this Convention eidier by signature, or by deposit of an instrument of ratification, acceptance or approval following signature made subject to ratification, acceptance or approval,
or by deposit of an instrument of accession. The instruments of ratification, acceptance, approval oraccession shall be deposited with the depositary.
3.
This Convention shall enter into force thirty days after consent to be bound has been expressedby three Stales.
4.
For each State expressing consent to be bound by this Convention after its entry into force, thisConvention shall enter into force for that State thirty days after the date of expression of consent.
5.

(a)This Convention shall be open for accession, as provided for in this article, by internationalorganizations and regional integration organizations constituted by sovereign States, whichhave competence in respect of the negotiation, conclusion and application of international
agreements in matters covered by this Convention.

(b)

In matters within their competence such organizations shall, on their own behalf, exercise
the rights and fulfil the obligations which this Convention attributes to States Parties.

(c)

When depositing its instrument of accession, such an organization shall communicate to die
depositary a declaration indicating the extent of its competence in respect of matters coveredby this Convention.

(d)Such an organization shall not hold any vote additional to those of its Member States.

Article 15
Provisional application
A State may, upon signature or at any later date before this Convention enters into force for it,
declare that it will apply this Convention provisionally.

-10-Article 16

Amendments
1.
A State Party may propose amendments to this Convention. The proposed amendment shall be
submitted to the depositary who shall circulate it immediately to all other States Parties.
2.
I f a 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
not sooner than thirty days after the invitations are issued. Any amendment adopted at the conference
by a two-thirds majority of all States Parties shall be laid down in a protocol which is open to signature
in Vienna and New York by all States Parties.
3.
The protocol shall enter into force thirty days after consent to be bound has been expressed bythree States. For each State expressing consent to be bound by the protocol after its entry into force,the protocol shall enter into force for that State thirty days after the date of expression of consent.

Article 17
Denunciationi.

A State Parry may denounce this Convention by written notification to the depositary.

2.
Denunciation shall take effect one year following the date on which the notification is received
by the depositary.

Article 18
Depositary
1.

The Director General of the Agency shall be the depositary of this Convention.

2.

The Director General of the Agency shall promptly notify States Parties and all other States of:(a)each signature cf this Convention or any protocol of amendment;(b)each deposit of an instrument of ratification, acceptance, approval or accession concerning
this Convention or any protocol of amendment;(c)any declaration or withdrawal thereof in accordance with articles 8, 10 and 13;(d)any declaration of provisional application of this Convention in accordance with article 15;(e)

the entry into force of this Convention and of any amendment thereto; and(0

any denunciation made under article 17.

-11-Article 19
Authentic texts and certified copies
The original of this Convention, of which the Arabic, Chinese, English, French, Russian andSpanish texts are equally authentic, shall be deposited with the Director General of the International
Atomic Energy Agency who shall send certified copies to States Parties and all other States.
IN WITNESS WHEREOF the undersigned, being duly authorized, have signed this Convention,
open for signature as provided for in paragraph 1 of article 14.
ADOPTED by the General Conference of the International Atomic Energy Agency meeting inspecial session at Vienna on the twenty-sixth day of September one thousand nine hundred andeighty-six.

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