Amendment to the Convention on the Physical Protection of Nuclear Material
Parties with reservations, declarations and objections
Party | Reservations / Declarations | Objections |
---|---|---|
Azerbaijan | Yes | No |
Belgium | Yes | No |
Canada | Yes | No |
Denmark | Yes | No |
EURATOM (European Atomic Energy Community) | Yes | No |
Israel | Yes | No |
Myanmar | Yes | No |
New Zealand | Yes | No |
Pakistan | Yes | No |
Singapore | Yes | No |
Syria | Yes | No |
Türkiye | Yes | No |
United States of America | Yes | No |
Azerbaijan
31-03-2016
1. The Republic of Azerbaijan declares that the provisions of the Convention on the
Physical Protection of Nuclear Material and the Amendment to the Convention on the
Physical Protection of Nuclear Material shall not be applied by the Republic of Azerbaijan
in respect of the Republic of Armenia.
2. The Republic of Azerbaijan declares that it is unable to guarantee the implementation
of the provisions of the Convention on the Physical Protection of Nuclear Material
and the Amendment to the Convention on the Physical Protection of Nuclear Material
in its territories occupied by the Republic of Armenia (the Nagorno-Karabakh region
of the Republic of Azerbaijan and its seven districts surrounding that region), until
the liberation of those territories from the occupation and complete elimination of
the consequences of that occupation (the schematic map of the occupied territories
of the Republic of Azerbaijan is enclosed).
3. The Republic of Azerbaijan reserves the right to amend or revoke at any time the
provisions of Paragraph 1 and Paragraph 2 of the present Declaration, and other Parties
shall be notified in writing of any such amendments or revocation.
Belgium
22-01-2013
Referring to Article 2A of the protocol to amend the Convention on the Physical Protection
of Nuclear Material, the Belgian Government declares that it interprets the fundamental
principles of physical protection of nuclear material and nuclear facilities contained
in paragraph 3 of Article 2A as guidelines which the State Party must apply in implementing
the obligations of paragraphs 1 and 2 of Article 2A.
Consequently, the Belgian Government considers that the fundamental principles of
physical protection of nuclear material and nuclear facilities do not, in themselves,
constitute legal obligations.
Canada
03-12-2013
The Government of Canada considers the application of Article 7(1)(k) of the Convention
on the
Physical Protection of Nuclear Material, as amended by the Amendment to the Convention
on the
Physical Protection of Nuclear Material, to be limited to acts committed in furthering
a conspiracy of
two or more persons to commit a specific criminal offence contemplated in paragraphs
1 (a) to (g) of
Article 7 of the amended Convention.
Denmark
19-05-2010
Until further notice the Amendment to the Convention shall not apply to […] the Faroe
Islands.
EURATOM (European Atomic Energy Community)
16-12-2015
Declaration by the European Atomic Energy Community according to the provisions of
Articles 18(4) and 17(3) of the Convention:
The following States are presently members of the European Atomic Energy Community:
the Kingdom of Belgium, the Republic of Bulgaria, the Czech Republic, the Kingdom
of Denmark, the Federal Republic of Germany, the Republic of Estonia, Ireland, the
Hellenic Republic, the Kingdom of Spain, the French Republic, the Republic of Croatia,
the Italian Republic, the Republic of Cyprus, the Republic of Latvia, the Republic
of Lithuania, the Grand Duchy of Luxembourg, the Republic of Hungary, the Republic
of Malta, the Kingdom of the Netherlands, the Republic of Austria, the Republic of
Poland, the Portuguese Republic, Romania, the Republic of Slovenia, the Slovak Republic,
the Republic of Finland, the Kingdom of Sweden, the United Kingdom of Great Britain
and Northern Ireland.
The Community declares that Articles 8 to 13 and Article 14(2) and (3) of the Convention
on the Physical Protection of Nuclear Material and Nuclear Facilities do not apply
to it.
Furthermore, pursuant to Article 17(3) of the Convention, the Community also declares
that since only States may be parties in cases before the International Court of Justice,
the Community is only bound by the arbitration procedure referred to in Article 17(2).
Israel
16-03-2012
In accordance with Article 17 paragraph 3, the Government of the State of Israel reiterates that it does not consider itself bound by the dispute settlement procedures provided for in paragraph 2 of Article 17 of the Convention.
Myanmar
05-01-2017
In accordance with paragraph 3 of Article 17 of the Convention, the Republic of the Union of Myanmar declares that it does not consider itself bound by paragraph 2 of Article 17.
New Zealand
18-03-2016
The Government of New Zealand advises that, consistent with the constitutional status of Tokelau and taking into account the commitment of the Government of New Zealand to the development of self-government for Tokelau through an act of self-determination under the Charter of the United Nations, this acceptance shall not extend to Tokelau unless and until a Declaration to this effect is lodged by the Government of New Zealand with the depositary on the basis of appropriate consultation with that territory.
Pakistan
24-03-2016
Reservation:
Pursuant to paragraph 3 of Article 17 of the Convention on the Physical Protection
of Nuclear Materials, as amended, the Islamic Republic of Pakistan reiterates that
it does not consider itself bound by either of the dispute settlement procedures
provided for in paragraph 2 of Article 17 of the Convention.
Declarations:
(1) The Convention does not provide a basis for any action by a State or international
organization, which i) is not specifically provided for in the provisions of the
Convention, and ii) which impinges upon the sovereign rights and interests of the
Islamic Republic of Pakistan;
(2) Nothing in paragraph 4 of Article 2 of the Convention shall be construed as encouraging
or condoning the threat or use of force in international relations which shall, in
all circumstances, be strictly governed by the principles of international law and
the purposes and principles of the Charter of the United Nations;
(3) Nothing in the Convention, and particularly the cooperation or the sharing of
information pursuant to Article 5, shall be construed to further or achieve any political
purpose;
(4) The term "international humanitarian law" refers to those legal instruments to
which the Islamic Republic of Pakistan is already a party to, and nothing in the
Convention shall be interpreted as giving a different status to the armed entities
and groups other than the armed forces of a State as currently understood and applied
in international law and thereby creating new obligations for the Islamic Republic
of Pakistan;
(5) The term "armed conflict", as employed in the Convention, does not include law
enforcement or counterterrorism operations; internal disturbances and tensions, such
as riots, isolated and sporadic acts of violence through any means; and other acts
of a similar nature;
(6) It does not consider Article 11 of the Convention to be the legal basis for extradition,
with respect of the offences set forth therein, and it shall conduct all extraditions
under the Convention in accordance with the provisions of the laws of the Islamic
Republic of Pakistan, on the basis of treaties on extradition the Government of the
Islamic Republic of Pakistan has entered into, and upon the principle of reciprocity.
Singapore
22-10-2014
(1) Pursuant to Article 17, paragraph 3, of the amended Convention, the Republic of
Singapore declares that it does not consider itself bound by both of the dispute settlement
procedures provided for in Article 17, paragraph 2, of the amended Convention.
(2) The Republic of Singapore understands Article 10 of the amended Convention to
include the right of competent authorities to decide not to submit any particular
case for prosecution before the judicial authorities if the alleged offender is dealt
with under national security and preventive detention laws.
(3) The Republic of Singapore understands that the term 'armed conflict' in Article
2, paragraph 4, subparagraph (b), of the amended Convention does not include internal
disturbances and tensions, such as riots, isolated and sporadic acts of violence,
and other acts of a similar nature.
(4) The Republic of Singapore understands that under Article 2, paragraph 4, subparagraph
(b), the amended Convention does not apply to:
(a) the military forces of a state in the exercise of their official duties;
(b) civilians who direct or organise the official activities of military forces of
a state; or
(c) civilians acting in support of the official activities of the military forces
of a state, if the civilians are under the formal command, control, and responsibility
of those forces.
Syria
05-12-2019
The Syrian Arab Republic’s accession to this agreement does not signify in any way whatsoever recognition of Israel or involvement with it in any matter related to the provisions of this Convention. The Syrian Arab Republic has reservations regarding implementation of the provisions of paragraph 2 of article 17 of the Convention concerning the settlement of disputes.
Türkiye
08-07-2015
It is the understanding of the Republic of Turkey that the term international humanitarian law in paragraphs (a) and (b) of article 2(4) of Convention on the Physical Protection of Nuclear Material, refers to the legal instruments to which Turkey is already party. The article should not be interpreted as giving a different status to the armed forces and groups other than the armed forces of a state as currently understood and applied in international law and thereby creating new obligations for Turkey.
United States of America
31-07-2015
Consistent with Article 17(3) of the Convention on the Physical Protection of Nuclear
Material, the United States of America declares that it does not consider itself bound
by Article 17(2) of the Convention on the Physical Protection of Nuclear Material
with respect to disputes concerning the interpretation or application of the Amendment.
Understandings:
(1) The United States of America understands that the term "armed conflict" in Paragraph
5 of the Amendment (Article 2 of the Convention on the Physical Protection of Nuclear
Material, as amended) does not include internal disturbances and tensions, such as
riots, isolated and sporadic acts of violence, and other acts of a similar nature.
(2) The United States of America understands that the term "international humanitarian
law" in Paragraph 5 of the Amendment (Article 2 of the Convention on the Physical
Protection of Nuclear Material, as amended) has the same substantive meaning as the
law of war.
(3) The United States of America understands that, pursuant to Paragraph 5 of the
Amendment (Article 2 of the Convention on the Physical Protection of Nuclear Material,
as amended), the Convention on the Physical Protection of Nuclear Material, as amended,
will not apply to: a) the military forces of a State, which are the armed forces of
a State organized, trained, and equipped under its internal law for the primary purpose
of national defense or security, in the exercise of their official duties; b) civilians
who direct or organize the official activities of military forces of a State; or c)
civilians acting in support of the official activities of the military forces of a
State, if the civilians are under the formal command, control, and responsibility
of those forces.