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CTBT TREATY SUMMARY & TEXT

SUMMARY OF THE COMPREHENSIVE NUCLEAR- TEST-BAN TREATY (CTBT)

Opened for Signature: 24 September 1996. Noting the aspirations expressed by the Parties to the Duration: Unlimited. 1963 Treaty Banning Nuclear Weapon Tests in the Atmosphere, in Outer Space and Under Water to seek PREAMBLE TO THE TREATY to achieve the discontinuance of all test explosions of nuclear weapons for all time, “The States Parties to this Treaty (hereinafter re- Noting also the views expressed that this Treaty ferred to as ‘the States Parties’), could contribute to the protection of the environment, Welcoming the international agreements and other Affirming the purpose of attracting the adherence of positive measures of recent years in the field of nu- all States to this Treaty and its objective to contribute clear disarmament, including reductions in arsenals effectively to the prevention of the proliferation of of nuclear weapons, as well as in the field of the pre- nuclear weapons in all its aspects, to the process of vention of nuclear proliferation in all its aspects, nuclear disarmament and therefore to the enhance- Underlining the importance of the full and prompt ment of international peace and security, implementation of such agreements and measures, Have agreed as follows:..” Convinced that the present international situation provides an opportunity to take further effective Under article 1 of the Comprehensive measures towards nuclear disarmament and against Nuclear-Test-Ban Treaty: the proliferation of nuclear weapons in all its aspects, and declaring their intention to take such measures, “1. Each State Party undertakes not to carry out any nuclear weapon test explosion or any other nu- Stressing therefore the need for continued systematic clear explosion, and to prohibit and prevent any and progressive efforts to reduce nuclear weapons such nuclear explosion at any place under its ju- globally, with the ultimate goal of eliminating those risdiction or control. weapons, and of general and complete disarmament 2. Each State party undertakes, furthermore, to re- under strict and effective international control, frain from causing, encouraging, or in any way Recognizing that the cessation of all nuclear weapon participating in the carrying out of any nuclear test explosions and all other nuclear explosions, by weapon test explosion or any other nuclear ex- constraining the development and qualitative im- plosion.” provement of nuclear weapons and ending the devel- opment of advanced new types of nuclear weapons, Adoption and signature of the Treaty constitutes an effective measure of nuclear disarma- Negotiations on a Comprehensive Nuclear-Test-Ban ment and non-proliferation in all its aspects, Treaty began at the Conference on Disarmament at Further recognizing that an end to all such nuclear Geneva in January 1994. The final draft, sponsored explosions will thus constitute a meaningful step in by 127 States, was submitted to the United Nations the realization of a systematic process to achieve nu- General Assembly two years later and adopted on 10 clear disarmament, September 1996. The Treaty was opened for signa- ture on 24 September 1996 at United Nations Head- Convinced that the most effective way to achieve an quarters in New York. end to nuclear testing is through the conclusion of a universal and internationally and effectively verifi- Arrangements until entry into force able comprehensive nuclear-test-ban treaty, which has long been one of the highest priority objectives of At a meeting of States Signatories on 19 November the international community in the field of disarma- 1996, a Preparatory Commission for the Comprehen- ment and non-proliferation, sive Nuclear-Test-Ban Treaty Organization was es- tablished. The Preparatory Commission is an interna-

Inventory of International Nonproliferation Organizations and Regimes CTBT-1 © Center for Nonproliferation Studies CTBT TREATY SUMMARY & TEXT tional organization financed by the States Signatories, World” and table l of the April 1996 edition of “Nu- which has been set up to establish the global verifica- clear Power Reactors in the World”, both compiled tion regime of the Treaty and to prepare for its entry by the International Atomic Energy Agency. into force. The Preparatory Commission consists of If the Treaty has not entered into force “three years two organs: a plenary body composed of all the after the date of the anniversary of its opening for States Signatories – also known as the Preparatory signature”, a conference of those States that have Commission – and the Provisional Technical Secre- already ratified it may be held to decide what meas- tariat. ures may be taken to accelerate the ratification proc- Preparatory Commission ess and to facilitate the Treaty’s entry into force. The Preparatory Commission appointed Wolfgang History of the Treaty Hoffmann of Germany as its Executive Secretary on The Treaty is the culmination of 40 years of efforts. 3 March 1997. The Executive Secretary is head of the In April 1954, almost 10 years after the first nuclear Provisional Technical Secretariat, which started work weapon test was conducted in July 1945, Prime Min- at its offices in the Vienna International Centre on 17 ister Jawaharlal Nehru of India proposed that nuclear March 1997. weapon testing be suspended. His proposal was the The Preparatory Commission has three subsidiary first initiative of its kind. bodies: Working Group A on administrative and The Partial Test Ban Treaty of 1963 prohibited all budgetary matters, Working Group B on verification nuclear explosions in the atmosphere, in outer space issues, and the Advisory Group on financial, budget- and under water, but not underground. The Threshold ary and associated administrative issues. The working Test Ban Treaty of 1974 limited the yield of under- groups make proposals and recommendations for ground nuclear weapon tests to 150 kilotons (the consideration and adoption by the Preparatory Com- equivalent of the explosive force of approximately mission at its plenary sessions. 150,000 tonnes of trinitrotoluene (TNT)). Verification of the Treaty Over 2,000 nuclear weapon test explosions were reg- istered during the 51 years between the conduct of The Treaty has a Protocol under which an Interna- the first nuclear test and the opening for signature of tional Monitoring System (IMS) and an International the Treaty in September 1996. Data Centre (IDC) are being established as part of the global verification regime foreseen under article IV (Verification). SUMMARY OF THE TREATY IMS will consist of a global network of 321 monitor- The Comprehensive Nuclear-Test-Ban Treaty con- ing stations, as well as 16 laboratories, capable of sists of a preamble, 17 articles, two annexes and a detecting nuclear explosions worldwide. This net- Protocol. The Protocol describes verification proce- work of 170 seismic, 80 radionuclide, 60 infrasound dures and contains two annexes. One annex lists the and 11 hydroacoustic stations, as well as 16 radionu- 337 facilities comprising the International Monitoring clide laboratories - comprising a total of 337 facili- System (IMS) and the other annex describes parame- ties - will supply data for processing and analysis to ters for standard event screening by the International IDC. Both Data Centre (IDC). the raw and processed data will be available to all the States parties. If a suspicious occurrence cannot be Scope resolved through consultation and clarification, each The preamble stresses the need for “continued sys- State party has the right to request an on-site inspec- tematic and progressive efforts to reduce nuclear tion. weapons globally” with the ultimate goal of their Entry into force of the Treaty elimination and of “general and complete disarma- ment under strict and effective international control”. Under article XIV (Entry into force), the Treaty will It recognizes that “the cessation of all nuclear not enter into force until it has been signed and rati- weapon test explosions and all other nuclear explo- fied by the 44 States listed in annex 2 to the Treaty. sions ... constitutes an effective measure of nuclear This list comprises the States that formally partici- disarmament and non-proliferation in all its aspects”. pated in the 1996 session of the Conference on Dis- Under article I (Basic Obligations): “1. Each State armament, and that appear in table l of the December party undertakes not to carry out any nuclear weapon 1995 edition of “Nuclear Research Reactors in the

Inventory of International Nonproliferation Organizations and Regimes CTBT-2 © Center for Nonproliferation Studies CTBT TREATY SUMMARY & TEXT test explosion or any other nuclear explosion, and to mary and 120 auxiliary seismological stations prohibit and prevent any such nuclear explosion at equipped to detect seismic activity and distinguish any place under its jurisdiction or control. 2. Each between natural events - such as earthquakes - and State party undertakes, furthermore, to refrain from nuclear explosions. It will also include 80 radionu- causing, encouraging, or in any way participating in clide stations - 40 of them capable of detecting noble the carrying out of any nuclear weapon test explosion gases - designed to identify radioactive particles re- or any other nuclear explosion.” leased during a nuclear explosion. The radionuclide stations will be supported by 16 laboratories. In addi- Implementing organization tion, 60 infrasound and 11 ydroacoustic stations will be designed to pick up the sound of a nuclear explo- Article II (The Organization) establishes the Com- sion in the atmosphere or under water, respectively. prehensive Nuclear-Test-Ban Treaty Organization to ensure the Treaty’s implementation and provide a International Date Centre. forum for consultation and cooperation. With its seat in Vienna, it will comprise three organs. The Confer- The monitoring stations will transmit data to the In- ence of the States Parties will oversee the Treaty’s ternational Data Centre (IDC) at Vienna. As set out implementation and the activities of the other two in part I of the Protocol, IDC will produce integrated organs. The Executive Council, with a membership lists of all signals detected by IMS, as well as stan- of 51 States parties, will be the principal decision- dard event lists and bulletins, and screened event bul- making body of the Organization and responsible for letins that filter out events that appear to be of a non- supervising its activities. The Technical Secretariat, nuclear nature. Both raw and processed information headed by a Director-General, will assist States par- will be available to all States parties. ties to implement the Treaty and carry out verifica- tion and other functions. It will supervise and coordi- Consultation and clarification. nate the operation of the International Monitoring The consultation and clarification component of the System (IMS) and operate the International Data verification regime encourages States parties to at- Centre (IDC) at Vienna. tempt to resolve, either among themselves or through Article III (National implementation measures) re- the Organization, ambiguous events before request- quires each State party to take any necessary meas- ing an on-site inspection. A State party must provide ures to implement its obligations under the Treaty, clarification of an ambiguous event within 48 hours including the establishment of a National Authority of receiving such a request from another State party for liaison with the Organization and other States or the Executive Council. parties. On-site inspection. Verification and compliance If the matter cannot be resolved through consultation Article IV (Verification) and the Protocol establish and clarification, each State party can request an on- the verification regime. Such a regime - consisting of site inspection. The procedures for on-site inspec- IMS, IDC, consultation and clarification, on-site in- tions, which “shall be carried out in the area where spections and confidence-building measures - “shall the event that triggered the on-site inspection request be capable of meeting the verification requirements occurred” are established in part II of the Protocol. of the Treaty” at its entry into force. Verification activities should be based on objective Confidence-building measures. information, limited to the subject matter of the Trea- To reduce the likelihood that verification data may be ty, and carried out on the basis of full respect for the misinterpreted, each State party will voluntarily no- sovereignty of States parties and in the least intrusive tify the Technical Secretariat of any single chemical manner possible consistent with the effective and explosion using 300 tonnes or more of TNT- timely accomplishment of equivalent blasting material on its territory. In order their objectives. Each State party, however, “shall to calibrate the stations of IMS, each State party may refrain from any abuse of the right of verification”. liaise with the Technical Secretariat in carrying out chemical calibration explosions or providing infor- International Monitoring System. mation on chemical explosions planned for other purposes. The purpose of IMS is to detect and identify nuclear explosions prohibited under article I. As set out in Article V (Measures to redress a situation and to en- annex 1 to the Protocol, IMS will consist of 50 pri- sure compliance, including sanctions) empowers the

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Conference inter alia to restrict or suspend a State Other provisions Party’s rights and privileges under the Treaty and to recommend to States parties collective measures in The next four articles (X, XI, XII and XIII) deal with conformity with . The Conference, the status of the Protocol and the annexes; signature; or alternatively, if the case is urgent, the Executive ratification; and accession. Council, may bring the issue to the attention of the United Nations. Entry into force Disputes Under article XIV (Entry into force), the Treaty will enter into force 180 days after the 44 States listed in Article VI (Settlement of disputes) describes the me- annex 2 to the Treaty have deposited their instru- chanisms by which disputes concerning the applica- ments of ratification with the Secretary-General of tion or interpretation of the Treaty may be settled. the United Nations, “but in no case earlier than two Subject to certain conditions, the International Court years after its opening for signature”. This list com- of Justice may be requested to give an advisory opin- prises the States that formally participated in the ion. 1996 session of the Conference on Disarmament, and that appear in table 1 of the December 1995 edition Amendments and review of “Nuclear Research Reactors in the World” and table 1 of the April 1996 edition of “Nuclear Power Article VII (Amendments) gives each State party the Reactors in the World”, both compiled by the Inter- right to propose amendments to the Treaty, the Proto- national Atomic Energy Agency. col or the annexes to the Protocol at any time after the Treaty’s entry into force. The proposed amend- If the Treaty has not entered into force “three years ment requires the approval of a majority of States after the date of the anniversary of its opening for parties at an amendment conference with no party signature”, the Secretary-General of the United Na- casting a negative vote. tions, as Depositary of the Treaty, could, at the re- quest of a majority of States that had ratified it, con- Article VIII (Review of the Treaty) stipulates that a vene a conference to examine conference to review the operation and effectiveness of the Treaty will be held 10 years after its entry into the situation and to “decide by consensus what meas- force, “unless otherwise decided by a majority of the ures consistent with international law may be under- States Parties”. Such review would take into account taken to accelerate the ratification process” in order “any new scientific and technological developments”. to facilitate the Treaty’s early entry into force. Further review conferences may be held with the same objective at intervals of 10 years thereafter, or Additional provisions less, if the Conference so decides in the preceding year. Article XV (Reservations) states that the Treaty’s provisions are not subject to reservations. At the request of any State party, the conference may “consider the possibility of permitting the conduct of Article XVI (Depositary) establishes the Secretary- underground nuclear explosions for peaceful pur- General of the United Nations as the Treaty’s De- poses”. If it permits such explosions by consensus, positary. then the review conference “shall commence work Under article XVII (Authentic texts), the Treaty texts without delay, with a view to recommending to States in Arabic, Chinese, English, French, Russian and Parties an appropriate amendment to this Treaty that Spanish are equally authentic. shall preclude any military benefits of such nuclear explosions”. Protocol Duration and withdrawal Part I describes the International Monitoring System Article IX (Duration and withdrawal) states that the (IMS) and outlines the functions of the International Treaty is of unlimited duration. Data Centre (IDC). Part II sets up the procedures for on-site inspections. It specifies the process of desig- nation of inspectors and inspection assistants, their privileges and immunities, points of entry, arrange- ments for use of non-scheduled aircraft, approved inspection equipment, on-site inspection requests,

Inventory of International Nonproliferation Organizations and Regimes CTBT-4 © Center for Nonproliferation Studies CTBT TREATY SUMMARY & TEXT inspection mandate and notification of inspection. Pre-inspection activities and the conduct of inspec- tions are described in detail. Part III deals with confi- dence-building measures under article IV (Verifica- tion) of the Treaty.

Further information can be obtained from: Prepara- tory Commission for the Comprehensive Nuclear- Test-Ban Treaty Organization (CTBTO PrepCom) http://www.ctbto.org

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THE COMPREHENSIVE NUCLEAR-TEST-BAN TREATY (CTBT)

PREAMBLE the international community in the field of disarma- ment and non-proliferation, The States Parties to this Treaty (hereinafter referred to as "the States Parties"), Noting the aspirations expressed by the Parties to the 1963 Treaty Banning Nuclear Weapon Tests in the Welcoming the international agreements and other Atmosphere, in Outer Space and Under Water to seek positive measures of recent years in the field of nu- to achieve the discontinuance of all test explosions of clear disarmament, including reductions in arsenals nuclear weapons for all time, of nuclear weapons, as well as in the field of the pre- vention of nuclear proliferation in all its aspects, Noting also the views expressed that this Treaty could contribute to the protection of the environment, Underlining the importance of the full and prompt implementation of such agreements and measures, Affirming the purpose of attracting the adherence of all States to this Treaty and its objective to contribute Convinced that the present international situation effectively to the prevention of the proliferation of provides an opportunity to take further effective nuclear weapons in all its aspects, to the process of measures towards nuclear disarmament and against nuclear disarmament and therefore to the enhance- the proliferation of nuclear weapons in all its aspects, ment of international peace and security, and Have agreed as follows: declaring their intention to take such measures, ARTICLE I

Stressing therefore the need for continued systematic BASIC OBLIGATIONS and progressive efforts to reduce nuclear weapons globally, with the ultimate goal of eliminating those 1. Each State Party undertakes not to carry out any weapons, and of general and complete disarmament nuclear weapon test explosion or any other nuclear under strict and effective international control, explosion, and to prohibit and prevent any such nu- clear explosion at any place under its jurisdiction or Recognizing that the cessation of all nuclear weapon control. test explosions and all other nuclear explosions, by constraining the development and qualitative im- 2. Each State Party undertakes, furthermore, to re- provement of nuclear weapons and ending the devel- frain from causing, encouraging, or in any way par- opment of advanced new types of nuclear weapons, ticipating in the carrying out of any nuclear weapon constitutes an effective measure of nuclear disarma- test explosion or any other nuclear explosion. ment and non-proliferation in all its aspects,

Further recognizing that an end to all such nuclear ARTICLE II explosions will thus constitute a meaningful step in the realization of a systematic process to achieve nu- THE ORGANIZATION clear disarmament, A. GENERAL PROVISIONS Convinced that the most effective way to achieve an end to nuclear testing is through the conclusion of a 1. The States Parties hereby establish the Compre- universal and internationally and effectively verifi- hensive Nuclear Test-Ban Treaty Organization (here- able comprehensive nuclear test-ban treaty, which inafter referred to as "the Organization") to achieve has long been one of the highest priority objectives of the object and purpose of this Treaty, to ensure the

Inventory of International Nonproliferation Organizations and Regimes CTBT-1 © Center for Nonproliferation Studies CTBT TREATY SUMMARY & TEXT implementation of its provisions, including those for a minor and normal commercial and contractual na- international verification of compliance with it, and ture, shall be set out in agreements to be submitted to to provide a forum for consultation and cooperation the Conference of the States Parties for approval. among States Parties. 9. The costs of the activities of the Organization shall 2. All States Parties shall be members of the Organi- be met annually by the States Parties in accordance zation. A State Party shall not be deprived of its with the United Nations scale of assessments adjusted membership in the Organization. to take into account differences in membership be- tween the United Nations and the Organization. 3. The seat of the Organization shall be Vienna, Re- public of Austria. 10. Financial contributions of States Parties to the Preparatory Commission shall be deducted in an ap- 4. There are hereby established as organs of the Or- propriate way from their contributions to the regular ganization: the Conference of the States Parties, the budget. Executive Council and the Technical Secretariat, which shall include the International Data Centre. 11. A member of the Organization which is in arrears in the payment of its assessed contribution to the Or- 5. Each State Party shall cooperate with the Organi- ganization shall have no vote in the Organization if zation in the exercise of its functions in accordance the amount of its arrears equals or exceeds the with this Treaty. States Parties shall consult, directly amount of the contribution due from it for the preced- among themselves, or through the Organization or ing two full years. The Conference of the States Par- other appropriate international procedures, including ties may, nevertheless, permit such a member to vote procedures within the framework of the United Na- if it is satisfied that the failure to pay is due to condi- tions and in accordance with its Charter, on any mat- tions beyond the control of the member. ter which may be raised relating to the object and purpose, or the implementation of the provisions, of B. THE CONFERENCE OF THE STATES this Treaty. PARTIES

6. The Organization shall conduct its verification Composition, Procedures and Decision-making activities provided for under this Treaty in the least intrusive manner possible consistent with the timely 12. The Conference of the States Parties (hereinafter and efficient accomplishment of their objectives. It referred to as "the Conference") shall be composed of shall request only the information and data necessary all States Parties. Each State Party shall have one to fulfil its responsibilities under this Treaty. It shall representative in the Conference, who may be ac- take every precaution to protect the confidentiality of companied by alternates and advisers. information on civil and military activities and facili- ties coming to its knowledge in the implementation 13. The initial session of the Conference shall be of this Treaty and, in particular, shall abide by the convened by the Depositary no later than 30 days confidentiality provisions set forth in this Treaty. after the entry into force of this Treaty.

7. Each State Party shall treat as confidential and 14. The Conference shall meet in regular sessions, afford special handling to information and data that it which shall be held annually, unless it decides other- receives in confidence from the Organization in con- wise. nection with the implementation of this Treaty. It shall treat such information and data exclusively in 15. A special session of the Conference shall connection with its rights and obligations under this be convened: Treaty. (a) When decided by the Confer- 8. The Organization, as an independent body, shall ence; seek to utilize existing expertise and facilities, as ap- propriate, and to maximize cost efficiencies, through cooperative arrangements with other international (b) When requested by the Execu- organizations such as the International Atomic En- tive Council; or ergy Agency. Such arrangements, excluding those of

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(c) When requested by any State erwise decided by the majority required for Party and supported by a majority decisions on matters of substance. of the States Parties. 23. When exercising its function under pa- The special session shall be convened no ragraph 26 (k), the Conference shall take a later than 30 days after the decision of the decision to add any State to the list of States Conference, the request of the Executive contained in Annex 1 to this Treaty in ac- Council, or the attainment of the necessary cordance with the procedure for decisions on support, unless specified otherwise in the matters of substance set out in paragraph 22. decision or request. Notwithstanding paragraph 22, the Confer- ence shall take decisions on any other 16. The Conference may also be convened change to Annex 1 to this Treaty by consen- in the form of an Amendment Conference, sus. in accordance with Article VII. Powers and Functions 17. The Conference may also be convened in the form of a Review Conference, in ac- 24. The Conference shall be the principal cordance with Article VIII. organ of the Organization. It shall consider any questions, matters or issues within the 18. Sessions shall take place at the seat of scope of this Treaty, including those relating the Organization unless the Conference de- to the powers and functions of the Executive cides otherwise. Council and the Technical Secretariat, in ac- cordance with this Treaty. It may make rec- 19. The Conference shall adopt its rules of ommendations and take decisions on any procedure. At the beginning of each session, questions, matters or issues within the scope of this Treaty raised by a State Party or it shall elect its President and such other of- ficers as may be required. They shall hold brought to its attention by the Executive office until a new President and other offi- Council. cers are elected at the next session. 25. The Conference shall oversee the im- plementation of, and review compliance 20. A majority of the States Parties shall constitute a quorum. with, this Treaty and act in order to promote its object and purpose. It shall also oversee the activities of the Executive Council and 21. Each State Party shall have one vote. the Technical Secretariat and may issue guidelines to either of them for the exercise 22. The Conference shall take decisions on of their functions. matters of procedure by a majority of mem- bers present and voting. Decisions on mat- 26. The Conference shall: ters of substance shall be taken as far as pos- sible by consensus. If consensus is not at- tainable when an issue comes up for deci- (a) Consider and adopt the report of sion, the President of the Conference shall the Organization on the implemen- tation of this Treaty and the annual defer any vote for 24 hours and during this period of deferment shall make every effort programme and budget of the Or- to facilitate achievement of consensus, and ganization, submitted by the Ex- ecutive Council, as well as consider shall report to the Conference before the end of this period. If consensus is not possible at other reports; the end of 24 hours, the Conference shall take a decision by a two-thirds majority of (b) Decide on the scale of financial members present and voting unless specified contributions to be paid by States otherwise in this Treaty. When the issue Parties in accordance with para- arises as to whether the question is one of graph 9; substance or not, that question shall be treated as a matter of substance unless oth-

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(c) Elect the members of the Ex- ternational organizations to be con- ecutive Council; cluded by the Executive Council on behalf of the Organization in ac- (d) Appoint the Director-General of cordance with paragraph 38 (h); the Technical Secretariat (hereinaf- ter referred to as "the Director- (j) Establish such subsidiary organs General"); as it finds necessary for the exer- cise of its functions in accordance (e) Consider and approve the rules with this Treaty; and of procedure of the Executive Council submitted by the latter; (k) Update Annex 1 to this Treaty, as appropriate, in accordance with (f) Consider and review scientific paragraph 23. and technological developments that could affect the operation of C. THE EXECUTIVE COUNCIL this Treaty. In this context, the Conference may direct the Direc- Composition, Procedures and Decision- tor-General to establish a Scientific making Advisory Board to enable him or her, in the performance of his or 27. The Executive Council shall consist of her functions, to render specialized 51 members. Each State Party shall have the advice in areas of science and tech- right, in accordance with the provisions of nology relevant to this Treaty to the this Article, to serve on the Executive Coun- Conference, to the Executive cil. Council, or to States Parties. In that case, the Scientific Advisory Board shall be composed of independent 28. Taking into account the need for equita- experts serving in their individual ble geographical distribution the Executive capacity and appointed, in accor- Council shall comprise: dance with terms of reference adopted by the Conference, on the (a) Ten States Parties from Africa; basis of their expertise and experi- ence in the particular scientific (b) Seven States Parties from East- fields relevant to the implementa- ern Europe; tion of this Treaty; (c) Nine States Parties from Latin (g) Take the necessary measures to America and the Caribbean; ensure compliance with this Treaty and to redress and remedy any situ- (d) Seven States Parties from the ation that contravenes the provi- Middle East and South Asia; sions of this Treaty, in accordance with Article V; (e) Ten States Parties from North America and Western Europe; and (h) Consider and approve at its ini- tial session any draft agreements, (f) Eight States Parties from South- arrangements, provisions, proce- East Asia, the Pacific and the Far dures, operational manuals, guide- East. lines and any other documents de- veloped and recommended by the Preparatory Commission; 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 (i) Consider and approve agree- appropriate, by the Conference in accor- ments or arrangements negotiated dance with paragraphs 23 and 26 (k). It shall by the Technical Secretariat with not be subject to amendments or changes States Parties, other States and in-

Inventory of International Nonproliferation Organizations and Regimes CTBT-4 © Center for Nonproliferation Studies CTBT TREATY SUMMARY & TEXT under the procedures contained in Article (c) The remaining seats allocated to VII. each geographical region shall be filled by States Parties designated 29. The members of the Executive Council from among all the States Parties in shall be elected by the Conference. In this that region by rotation or elections. connection, each geographical region shall designate States Parties from that region for 30. Each member of the Executive Council election as members of the Executive Coun- shall have one representative on the Execu- cil as follows: tive Council, who may be accompanied by alternates and advisers. (a) At least one-third of the seats allocated to each geographical re- 31. Each member of the Executive Council gion shall be filled, taking into ac- shall hold office from the end of the session count political and security inter- of the Conference at which that member is ests, by States Parties in that region elected until the end of the second regular designated on the basis of the nu- annual session of the Conference thereafter, clear capabilities relevant to the except that for the first election of the Ex- Treaty as determined by interna- ecutive Council, 26 members shall be tional data as well as all or any of elected to hold office until the end of the the following indicative criteria in third regular annual session of the Confer- the order of priority determined by ence, due regard being paid to the estab- each region: lished numerical proportions as described in (i) Number of monitoring paragraph 28. facilities of the Interna- tional Monitoring System; 32. The Executive Council shall elaborate its rules of procedure and submit them to the (ii) Expertise and experi- Conference for approval. ence in monitoring tech- nology; and 33. The Executive Council shall elect its Chairman from among its members. (iii) Contribution to the annual budget of the Or- 34. The Executive Council shall meet for ganization; regular sessions. Between regular sessions it shall meet as may be required for the fulfil- (b) One of the seats allocated to ment of its powers and functions. each geographical region shall be filled on a rotational basis by the 35. Each member of the Executive Council State Party that is first in the Eng- shall have one vote. lish alphabetical order among the States Parties in that region that 36. The Executive Council shall take deci- have not served as members of the sions on matters of procedure by a majority Executive Council for the longest of all its members. The Executive Council period of time since becoming shall take decisions on matters of substance States Parties or since their last by a two-thirds majority of all its members term, whichever is shorter. A State unless specified otherwise in this Treaty. Party designated on this basis may When the issue arises as to whether the decide to forgo its seat. In that case, question is one of substance or not, that such a State Party shall submit a question shall be treated as a matter of sub- letter of renunciation to the Direc- stance unless otherwise decided by the ma- tor-General, and the seat shall be jority required for decisions on matters of filled by the State Party following substance. next-in-order according to this sub- paragraph; and Powers and Functions

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37. The Executive Council shall be the ex- tional organizations on behalf of ecutive organ of the Organization. It shall be the Organization and supervise responsible to the Conference. It shall carry their implementation, with the ex- out the powers and functions entrusted to it ception of agreements or arrange- in accordance with this Treaty. In so doing, ments referred to in sub-paragraph it shall act in conformity with the recom- (i); mendations, decisions and guidelines of the Conference and ensure their continuous and (i) Approve and supervise the op- proper implementation. eration of agreements or arrange- ments relating to the implementa- 38. The Executive Council shall: tion of verification activities with States Parties and other States; and (a) Promote effective implementa- tion of, and compliance with, this (j) Approve any new operational Treaty; manuals and any changes to the ex- isting operational manuals that may (b) Supervise the activities of the be proposed by the Technical Se- Technical Secretariat; cretariat.

(c) Make recommendations as nec- 39. The Executive Council may request a essary to the Conference for con- special session of the Conference. sideration of further proposals for promoting the object and purpose 40. The Executive Council shall: of this Treaty; (a) Facilitate cooperation among (d) Cooperate with the National States Parties, and between States Authority of each State Party; Parties and the Technical Secre- tariat, relating to the implementa- (e) Consider and submit to the Con- tion of this Treaty through informa- ference the draft annual programme tion exchanges; and budget of the Organization, the draft report of the Organization on (b) Facilitate consultation and clari- the implementation of this Treaty, fication among States Parties in ac- the report on the performance of its cordance with Article IV; and own activities and such other re- ports as it deems necessary or that (c) Receive, consider and take ac- the Conference may request; tion on requests for, and reports on, on-site inspections in accordance (f) Make arrangements for the ses- with Article IV. sions of the Conference, including the preparation of the draft agenda; 41. The Executive Council shall consider any concern raised by a State Party about (g) Examine proposals for changes, possible non-compliance with this Treaty on matters of an administrative or and abuse of the rights established by this technical nature, to the Protocol or Treaty. In doing so, the Executive Council the Annexes thereto, pursuant to shall consult with the States Parties involved Article VII, and make recommen- and, as appropriate, request a State Party to dations to the States Parties regard- take measures to redress the situation within ing their adoption; a specified time. To the extent that the Ex- ecutive Council considers further action to (h) Conclude, subject to prior ap- be necessary, it shall take, inter alia, one or proval of the Conference, agree- more of the following measures: ments or arrangements with States Parties, other States and interna-

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(a) Notify all States Parties of the (e) Assisting the Executive Council issue or matter; in facilitating consultation and cla- rification among States Parties; (b) Bring the issue or matter to the attention of the Conference; (f) Receiving requests for on-site inspections and processing them, (c) Make recommendations to the facilitating Executive Council con- Conference or take action, as ap- sideration of such requests, carry- propriate, regarding measures to ing out the preparations for, and redress the situation and to ensure providing technical support during, compliance in accordance with Ar- the conduct of on-site inspections, ticle V. and reporting to the Executive Council; D. THE TECHNICAL SECRETARIAT (g) Negotiating agreements or ar- 42. The Technical Secretariat shall assist rangements with States Parties, States Parties in the implementation of this other States and international or- ganizations and concluding, subject Treaty. The Technical Secretariat shall assist the Conference and the Executive Council in to prior approval by the Executive the performance of their functions. The Council, any such agreements or arrangements relating to verifica- Technical Secretariat shall carry out the ve- rification and other functions entrusted to it tion activities with States Parties or by this Treaty, as well as those functions de- other States; and legated to it by the Conference or the Execu- tive Council in accordance with this Treaty. (h) Assisting the States Parties The Technical Secretariat shall include, as through their National Authorities an integral part, the International Data Cen- on other issues of verification un- tre. der this Treaty.

43. The functions of the Technical Secre- 44. The Technical Secretariat shall develop tariat with regard to verification of compli- and maintain, subject to approval by the Ex- ance with this Treaty shall, in accordance ecutive Council, operational manuals to with Article IV and the Protocol, include in- guide the operation of the various compo- ter alia: nents of the verification regime, in accor- dance with Article IV and the Protocol. These manuals shall not constitute integral (a) Being responsible for supervis- parts of this Treaty or the Protocol and may ing and coordinating the operation of the International Monitoring be changed by the Technical Secretariat sub- ject to approval by the Executive Council. System; The Technical Secretariat shall promptly in- form the States Parties of any changes in the (b) Operating the International Data operational manuals. Centre; 45. The functions of the Technical Secre- (c) Routinely receiving, processing, tariat with respect to administrative matters analysing and reporting on Interna- shall include: tional Monitoring System data; (a) Preparing and submitting to the (d) Providing technical assistance Executive Council the draft pro- in, and support for, the installation gramme and budget of the Organi- and operation of monitoring sta- zation; tions; (b) Preparing and submitting to the Executive Council the draft report

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of the Organization on the imple- scientific, technical and other personnel as mentation of this Treaty and such may be required. The Director-General shall other reports as the Conference or be appointed by the Conference upon the the Executive Council may request; recommendation of the Executive Council for a term of four years, renewable for one (c) Providing administrative and further term, but not thereafter. The first Di- technical support to the Confer- rector-General shall be appointed by the ence, the Executive Council and Conference at its initial session upon the other subsidiary organs; recommendation of the Preparatory Com- mission. (d) Addressing and receiving com- munications on behalf of the Or- 50. The Director-General shall be responsi- ganization relating to the imple- ble to the Conference and the Executive mentation of this Treaty; and Council for the appointment of the staff and for the organization and functioning of the Technical Secretariat. The paramount con- (e) Carrying out the administrative responsibilities related to any sideration in the employment of the staff and agreements between the Organiza- in the determination of the conditions of service shall be the necessity of securing the tion and other international organi- zations. highest standards of professional expertise, experience, efficiency, competence and in- tegrity. Only citizens of States Parties shall 46. All requests and notifications by States serve as the Director-General, as inspectors Parties to the Organization shall be transmit- or as members of the professional and cleri- ted through their National Authorities to the cal staff. Due regard shall be paid to the im- Director-General. Requests and notifications portance of recruiting the staff on as wide a shall be in one of the official languages of geographical basis as possible. Recruitment this Treaty. In response the Director-General shall be guided by the principle that the staff shall use the language of the transmitted re- shall be kept to the minimum necessary for quest or notification. the proper discharge of the responsibilities of the Technical Secretariat. 47. With respect to the responsibilities of the Technical Secretariat for preparing and 51. The Director-General may, as appropri- submitting to the Executive Council the ate, after consultation with the Executive draft programme and budget of the Organi- Council, establish temporary working zation, the Technical Secretariat shall de- groups of scientific experts to provide rec- termine and maintain a clear accounting of ommendations on specific issues. all costs for each facility established as part of the International Monitoring System. Similar treatment in the draft programme 52. In the performance of their duties, the Director-General, the inspectors, the inspec- and budget shall be accorded to all other ac- tivities of the Organization. tion assistants and the members of the staff shall not seek or receive instructions from any Government or from any other source 48. The Technical Secretariat shall promptly external to the Organization. They shall re- inform the Executive Council of any prob- frain from any action that might reflect ad- lems that have arisen with regard to the dis- versely on their positions as international of- charge of its functions that have come to its ficers responsible only to the Organization. notice in the performance of its activities The Director-General shall assume respon- and that it has been unable to resolve sibility for the activities of an inspection through consultations with the State Party team. concerned. 53. Each State Party shall respect the exclu- 49. The Technical Secretariat shall comprise sively international character of the respon- a Director-General, who shall be its head sibilities of the Director-General, the inspec- and chief administrative officer, and such tors, the inspection assistants and the mem-

Inventory of International Nonproliferation Organizations and Regimes CTBT-8 © Center for Nonproliferation Studies CTBT TREATY SUMMARY & TEXT bers of the staff and shall not seek to influ- (a) To prohibit natural and legal ence them in the discharge of their responsi- persons anywhere on its territory or bilities. in any other place under its juris- diction as recognized by interna- E. PRIVILEGES AND IMMUNITIES tional law from undertaking any ac- tivity prohibited to a State Party 54. The Organization shall enjoy on the ter- under this Treaty; ritory and in any other place under the juris- diction or control of a State Party such legal (b) To prohibit natural and legal capacity and such privileges and immunities persons from undertaking any such as are necessary for the exercise of its func- activity anywhere under its control; tions. and

55. Delegates of States Parties, together with (c) To prohibit, in conformity with their alternates and advisers, representatives international law, natural persons of members elected to the Executive Coun- possessing its nationality from un- cil, together with their alternates and advis- dertaking any such activity any- ers, the Director-General, the inspectors, the where. inspection assistants and the members of the staff of the Organization shall enjoy such 2. Each State Party shall cooperate with oth- privileges and immunities as are necessary er States Parties and afford the appropriate in the independent exercise of their func- form of legal assistance to facilitate the im- tions in connection with the Organization. plementation of the obligations under para- graph 1. 56. The legal capacity, privileges and im- munities referred to in this Article shall be 3. Each State Party shall inform the Organi- defined in agreements between the Organi- zation of the measures taken pursuant to this zation and the State Parties as well as in an Article. agreement between the Organization and the State in which the Organization is seated. 4. In order to fulfil its obligations under the Such agreements shall be considered and Treaty, each State Party shall designate or approved in accordance with paragraph 26 set up a National Authority and shall so in- (h) and (i). form the Organization upon entry into force of the Treaty for it. The National Authority 57. Notwithstanding paragraphs 54 and 55, shall serve as the national focal point for li- the privileges and immunities enjoyed by the aison with the Organization and with other Director-General, the inspectors, the inspec- States Parties. tion assistants and the members of the staff of the Technical Secretariat during the con- ARTICLE IV duct of verification activities shall be those set forth in the Protocol. VERIFICATION

ARTICLE III A. GENERAL PROVISIONS

NATIONAL IMPLEMENTATION 1. In order to verify compliance with this MEASURES Treaty, a verification regime shall be estab- lished consisting of the following elements: 1. Each State Party shall, in accordance with its constitutional processes, take any neces- (a) An International Monitoring sary measures to implement its obligations System; under this Treaty. In particular, it shall take any necessary measures: (b) Consultation and clarification;

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(c) On-site inspections; and 5. For the purposes of this Treaty, no State Party shall be precluded from using informa- (d) Confidence-building measures. tion obtained by national technical means of verification in a manner consistent with gen- At entry into force of this Treaty, the verifi- erally recognized principles of international law, including that of respect for the sover- cation regime shall be capable of meeting the verification requirements of this Treaty. eignty of States.

2. Verification activities shall be based on 6. Without prejudice to the right of States objective information, shall be limited to the Parties to protect sensitive installations, ac- tivities or locations not related to this Treaty, subject matter of this Treaty, and shall be carried out on the basis of full respect for the States Parties shall not interfere with ele- ments of the verification regime of this sovereignty of States Parties and in the least Treaty or with national technical means of intrusive manner possible consistent with the effective and timely accomplishment of verification operating in accordance with pa- ragraph 5. their objectives. Each State Party shall re- frain from any abuse of the right of verifica- tion. 7. Each State Party shall have the right to take measures to protect sensitive installa- 3. Each State Party undertakes in accordance tions and to prevent disclosure of confiden- tial information and data not related to this with this Treaty to cooperate, through its National Authority established pursuant to Treaty. Article III, paragraph 4, with the Organiza- tion and with other States Parties to facilitate 8. Moreover, all necessary measures shall be the verification of compliance with this taken to protect the confidentiality of any in- Treaty by inter alia: formation related to civil and military activi- ties and facilities obtained during verifica- (a) Establishing the necessary fa- tion activities. cilities to participate in these verifi- cation measures and establishing 9. Subject to paragraph 8, information ob- the necessary communication; tained by the Organization through the veri- fication regime established by this Treaty (b) Providing data obtained from shall be made available to all States Parties in accordance with the relevant provisions of national stations that are part of the International Monitoring System; this Treaty and the Protocol.

(c) Participating, as appropriate, in 10. The provisions of this Treaty shall not be interpreted as restricting the international a consultation and clarification process; exchange of data for scientific purposes.

(d) Permitting the conduct of on- 11. Each State Party undertakes to cooperate site inspections; and with the Organization and with other States Parties in the improvement of the verifica- tion regime, and in the examination of the (e) Participating, as appropriate, in verification potential of additional monitor- confidence-building measures. ing technologies such as electromagnetic pulse monitoring or satellite monitoring, 4. All States Parties, irrespective of their with a view to developing, when appropri- technical and financial capabilities, shall en- ate, specific measures to enhance the effi- joy the equal right of verification and as- cient and cost-effective verification of this sume the equal obligation to accept verifica- Treaty. Such measures shall, when agreed, tion. 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

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operational manuals in accordance with Ar- confidence-building ticle II, paragraph 44. measures; and

12. The States Parties undertake to promote (iii) Receive other relevant cooperation among themselves to facilitate data from States Parties and participate in the fullest possible ex- and international organiza- change relating to technologies used in the tions in accordance with verification of this Treaty in order to enable this Treaty and the Proto- all States Parties to strengthen their national col; implementation of verification measures and to benefit from the application of such tech- (c) Supervise, coordinate and en- nologies for peaceful purposes. sure the operation of the Interna- tional Monitoring System and its 13. The provisions of this Treaty shall be component elements, and of the In- implemented in a manner which avoids ternational Data Centre, in accor- hampering the economic and technological dance with the relevant operational development of the States Parties for further manuals; development of the application of atomic energy for peaceful purposes. (d) Routinely process, analyse and report on International Monitoring Verification Responsibilities of the Tech- System data according to agreed nical Secretariat procedures so as to permit the ef- fective international verification of 14. In discharging its responsibilities in the this Treaty and to contribute to the area of verification specified in this Treaty early resolution of compliance con- and the Protocol, in cooperation with the cerns; States Parties the Technical Secretariat shall, for the purpose of this Treaty: (e) Make available all data, both raw and processed, and any report- (a) Make arrangements to receive ing products, to all States Parties, and distribute data and reporting each State Party taking responsibil- products relevant to the verification ity for the use of International of this Treaty in accordance with its Monitoring System data in accor- provisions, and to maintain a global dance with Article II, paragraph 7, communications infrastructure ap- and with paragraphs 8 and 13 of propriate to this task; this Article;

(b) Routinely through its Interna- (f) Provide to all States Parties tional Data Centre, which shall in equal, open, convenient and timely principle be the focal point within access to all stored data; the Technical Secretariat for data storage and data processing: (g) Store all data, both raw and processed, and reporting products; (i) Receive and initiate re- quests for data from the (h) Coordinate and facilitate re- International Monitoring quests for additional data from the System; International Monitoring System;

(ii) Receive data, as ap- (i) Coordinate requests for addi- propriate, resulting from tional data from one State Party to the process of consultation another State Party; and clarification, from on- site inspections, and from (j) Provide technical assistance in, and support for, the installation and

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operation of monitoring facilities Funding the International Monitoring and respective communication System means, where such assistance and support are required by the State 19. For facilities incorporated into the Inter- concerned; national Monitoring System and specified in Tables 1-A, 2-A, 3 and 4 of Annex 1 to the (k) Make available to any State Protocol, and for their functioning, to the ex- Party, upon its request, techniques tent that such facilities are agreed by the re- utilized by the Technical Secre- levant State and the Organization to provide tariat and its International Data data to the International Data Centre in ac- Centre in compiling, storing, proc- cordance with the technical requirements of essing, analysing and reporting on the Protocol and relevant operational manu- data from the verification regime; als, the Organization, as specified in agree- and ments or arrangements pursuant to Part I, paragraph 4 of the Protocol, shall meet the (l) Monitor, assess and report on costs of: the overall performance of the In- ternational Monitoring System and (a) Establishing any new facilities of the International Data Centre. and upgrading existing facilities unless the State responsible for 15. The agreed procedures to be used by the such facilities meets these costs it- Technical Secretariat in discharging the ve- self; rification responsibilities referred to in para- graph 14 and detailed in the Protocol shall (b) Operating and maintaining In- be elaborated in the relevant operational ternational Monitoring System fa- manuals. cilities, including facility physical security if appropriate, and applica- B. THE INTERNATIONAL tion of agreed data authentication MONITORING SYSTEM procedures;

16. The International Monitoring System (c) Transmitting International Mon- shall comprise facilities for seismological itoring System data (raw or proc- monitoring, radionuclide monitoring includ- essed) to the International Data ing certified laboratories, hydroacoustic Centre by the most direct and cost monitoring, infrasound monitoring, and re- effective means available, includ- spective means of communication, and shall ing, if necessary, via appropriate be supported by the International Data Cen- communications nodes, from moni- tre of the Technical Secretariat. toring stations, laboratories, ana- lytical facilities or from national 17. The International Monitoring System data centres; or such data (includ- shall be placed under the authority of the ing samples where appropriate) to laboratory and analytical facilities Technical Secretariat. All monitoring facili- ties of the International Monitoring System from monitoring stations; and shall be owned and operated by the States hosting or otherwise taking responsibility (d) Analysing samples on behalf of for them in accordance with the Protocol. the Organization.

18. Each State Party shall have the right to 20. For auxiliary network seismic stations participate in the international exchange of specified in Table 1-B of Annex 1 to the data and to have access to all data made Protocol the Organization, as specified in available to the International Data Centre. agreements or arrangements pursuant to Part Each State Party shall cooperate with the In- I, paragraph 4 of the Protocol, shall meet the ternational Data Centre through its National costs only of: Authority.

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(a) Transmitting data to the Interna- dance with Article II, paragraphs 26 (h) and tional Data Centre; 38 (i).

(b) Authenticating data from such Changes to the International Monitoring stations; System

(c) Upgrading stations to the re- 23. Any measures referred to in paragraph quired technical standard, unless 11 affecting the International Monitoring the State responsible for such fa- System by means of addition or deletion of a cilities meets these costs itself; monitoring technology shall, when agreed, be incorporated into this Treaty and the Pro- (d) If necessary, establishing new tocol pursuant to Article VII, paragraphs 1 stations for the purposes of this to 6. Treaty where no appropriate facili- ties currently exist, unless the State 24. The following changes to the Interna- responsible for such facilities meets tional Monitoring System, subject to the these costs itself; and agreement of those States directly affected, shall be regarded as matters of an adminis- (e) Any other costs related to the trative or technical nature pursuant to Article provision of data required by the VII, paragraphs 7 and 8: Organization as specified in the re- levant operational manuals. (a) Changes to the number of facili- ties specified in the Protocol for a 21. The Organization shall also meet the given monitoring technology; and cost of provision to each State Party of its requested selection from the standard range (b) Changes to other details for par- of International Data Centre reporting prod- ticular facilities as reflected in the ucts and services, as specified in Part I, Sec- Tables of Annex 1 to the Protocol tion F of the Protocol. The cost of prepara- (including, inter alia, State respon- tion and transmission of any additional data sible for the facility; location; name or products shall be met by the requesting of facility; type of facility; and at- State Party. tribution of a facility between the primary and auxiliary seismic net- 22. The agreements or, if appropriate, ar- works). rangements concluded with States Parties or States hosting or otherwise taking responsi- If the Executive Council recommends, pur- bility for facilities of the International Moni- suant to Article VII, paragraph 8 (d), that toring System shall contain provisions for such changes be adopted, it shall as a rule meeting these costs. Such provisions may also recommend pursuant to Article VII, pa- include modalities whereby a State Party ragraph 8 (g), that such changes enter into meets any of the costs referred to in para- force upon notification by the Director- graphs 19 (a) and 20 (c) and (d) for facilities General of their approval. which it hosts or for which it is responsible, and is compensated by an appropriate reduc- 25. The Director-General, in submitting to tion in its assessed financial contribution to the Executive Council and States Parties in- the Organization. Such a reduction shall not formation and evaluation in accordance with exceed 50 percent of the annual assessed fi- Article VII, paragraph 8 (b), shall include in nancial contribution of a State Party, but the case of any proposal made pursuant to may be spread over successive years. A paragraph 24: State Party may share such a reduction with another State Party by agreement or ar- (a) A technical evaluation of the rangement between themselves and with the proposal; concurrence of the Executive Council. The agreements or arrangements referred to in this paragraph shall be approved in accor-

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(b) A statement on the administra- steps required to certify that a given tive and financial impact of the monitoring facility meets the tech- proposal; and nical and operational requirements specified in the relevant operational (c) A report on consultations with manuals for an International Moni- States directly affected by the pro- toring System facility, and make ar- posal, including indication of their rangements for the authentication agreement. of its data. Subject to the agreement of the Executive Council, the Technical Secretariat shall then Temporary Arrangements formally designate such a facility as a cooperating national facility. 26. In cases of significant or irretrievable The Technical Secretariat shall take breakdown of a monitoring facility specified the steps required to revalidate its in the Tables of Annex 1 to the Protocol, or certification as appropriate; in order to cover other temporary reductions of monitoring coverage, the Director- General shall, in consultation and agreement (b) The Technical Secretariat shall with those States directly affected, and with maintain a current list of cooperat- ing national facilities and shall dis- the approval of the Executive Council, initi- ate temporary arrangements of no more than tribute it to all States Parties; and one year's duration, renewable if necessary by agreement of the Executive Council and (c) The International Data Centre of the States directly affected for another shall call upon data from cooperat- year. Such arrangements shall not cause the ing national facilities, if so re- number of operational facilities of the Inter- quested by a State Party, for the national Monitoring System to exceed the purposes of facilitating consultation number specified for the relevant network; and clarification and the considera- shall meet as far as possible the technical tion of on-site inspection requests, and operational requirements specified in data transmission costs being borne the operational manual for the relevant net- by that State Party. work; and shall be conducted within the budget of the Organization. The Director- The conditions under which supplementary General shall furthermore take steps to rec- data from such facilities are made available, tify the situation and make proposals for its and under which the International Data Cen- permanent resolution. The Director-General tre may request further or expedited report- shall notify all States Parties of any decision ing, or clarifications, shall be elaborated in taken pursuant to this paragraph. the operational manual for the respective monitoring network. Cooperating National Facilities C. CONSULTATION AND 27. States Parties may also separately estab- CLARIFICATION lish cooperative arrangements with the Or- ganization, in order to make available to the 29. Without prejudice to the right of any International Data Centre supplementary da- State Party to request an on-site inspection, ta from national monitoring stations that are States Parties should, whenever possible, not formally part of the International Moni- first make every effort to clarify and resolve, toring System. among themselves or with or through the Organization, any matter which may cause 28. Such cooperative arrangements may be concern about possible non-compliance with established as follows: the basic obligations of this Treaty.

(a) Upon request by a State Party, 30. A State Party that receives a request pur- and at the expense of that State, the suant to paragraph 29 directly from another Technical Secretariat shall take the State Party shall provide the clarification to the requesting State Party as soon as possi-

Inventory of International Nonproliferation Organizations and Regimes CTBT-14 © Center for Nonproliferation Studies CTBT TREATY SUMMARY & TEXT ble, but in any case no later than 48 hours quest for clarification pursuant to this para- after the request. The requesting and re- graph as well as any response provided by quested States Parties may keep the Execu- the requested State Party. tive Council and the Director-General in- formed of the request and the response. 33. If the requesting State Party considers the clarification obtained under paragraph 31. A State Party shall have the right to re- 32 (d) to be unsatisfactory, it shall have the quest the Director-General to assist in clari- right to request a meeting of the Executive fying any matter which may cause concern Council in which States Parties involved that about possible non-compliance with the ba- are not members of the Executive Council sic obligations of this Treaty. The Director- shall be entitled to take part. At such a meet- General shall provide appropriate informa- ing, the Executive Council shall consider the tion in the possession of the Technical Se- matter and may recommend any measure in cretariat relevant to such a concern. The Di- accordance with Article V. rector-General shall inform the Executive Council of the request and of the informa- D. ON-SITE INSPECTIONS tion provided in response, if so requested by the requesting State Party. Request for an On-Site Inspection

32. A State Party shall have the right to re- 34. Each State Party has the right to request quest the Executive Council to obtain clari- an on-site inspection in accordance with the fication from another State Party on any provisions of this Article and Part II of the matter which may cause concern about pos- Protocol in the territory or in any other place sible non-compliance with the basic obliga- under the jurisdiction or control of any State tions of this Treaty. In such a case, the fol- Party, or in any area beyond the jurisdiction lowing shall apply: or control of any State.

(a) The Executive Council shall 35. The sole purpose of an on-site inspection forward the request for clarification shall be to clarify whether a nuclear weapon to the requested State Party through test explosion or any other nuclear explosion the Director-General no later than has been carried out in violation of Article I 24 hours after its receipt; and, to the extent possible, to gather any facts which might assist in identifying any (b) The requested State Party shall possible violator. provide the clarification to the Ex- ecutive Council as soon as possible, 36. The requesting State Party shall be under but in any case no later than 48 the obligation to keep the on-site inspection hours after receipt of the request; request within the scope of this Treaty and to provide in the request information in ac- (c) The Executive Council shall cordance with paragraph 37. The requesting take note of the clarification and State Party shall refrain from unfounded or forward it to the requesting State abusive inspection requests. Party no later than 24 hours after its receipt; 37. The on-site inspection request shall be based on information collected by the Inter- (d) If the requesting State Party national Monitoring System, on any relevant deems the clarification to be inade- technical information obtained by national quate, it shall have the right to re- technical means of verification in a manner quest the Executive Council to ob- consistent with generally recognized princi- tain further clarification from the ples of international law, or on a combina- requested State Party. tion thereof. The request shall contain in- formation pursuant to Part II, paragraph 41 The Executive Council shall inform without of the Protocol. delay all other States Parties about any re-

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38. The requesting State Party shall present national Monitoring System or provided by the on-site inspection request to the Execu- any State Party on the event specified in the tive Council and at the same time to the Di- request, including any clarification provided rector-General for the latter to begin imme- pursuant to paragraphs 42 and 43, as well as diate processing. any other information from within the Tech- nical Secretariat that the Director-General Follow-up After Submission of an On-Site deems relevant or that is requested by the Inspection Request Executive Council.

39. The Executive Council shall begin its 45. Unless the requesting State Party con- consideration immediately upon receipt of siders the concern raised in the on-site in- the on-site inspection request. spection request to be resolved and with- draws the request, the Executive Council shall take a decision on the request in accor- 40. The Director-General, after receiving the on-site inspection request, shall acknowl- dance with paragraph 46. edge receipt of the request to the requesting State Party within two hours and communi- Executive Council Decisions cate the request to the State Party sought to be inspected within six hours. The Director- 46. The Executive Council shall take a deci- General shall ascertain that the request sion on the on-site inspection request no lat- meets the requirements specified in Part II, er than 96 hours after receipt of the request paragraph 41 of the Protocol, and, if neces- from the requesting State Party. The deci- sary, shall assist the requesting State Party in sion to approve the on-site inspection shall filing the request accordingly, and shall be made by at least 30 affirmative votes of communicate the request to the Executive members of the Executive Council. If the Council and to all other States Parties within Executive Council does not approve the in- 24 hours. spection, preparations shall be stopped and no further action on the request shall be tak- 41. When the on-site inspection request ful- en. fils the requirements, the Technical Secre- tariat shall begin preparations for the on-site 47. No later than 25 days after the approval inspection without delay. of the on-site inspection in accordance with paragraph 46, the inspection team shall 42. The Director-General, upon receipt of an transmit to the Executive Council, through on-site inspection request referring to an in- the Director-General, a progress inspection spection area under the jurisdiction or con- report. The continuation of the inspection trol of a State Party, shall immediately seek shall be considered approved unless the Ex- clarification from the State Party sought to ecutive Council, no later than 72 hours after be inspected in order to clarify and resolve receipt of the progress inspection report, de- the concern raised in the request. cides by a majority of all its members not to continue the inspection. If the Executive 43. A State Party that receives a request for Council decides not to continue the inspec- clarification pursuant to paragraph 42 shall tion, the inspection shall be terminated, and provide the Director-General with explana- the inspection team shall leave the inspec- tions and with other relevant information tion area and the territory of the inspected available as soon as possible, but no later State Party as soon as possible in accordance than 72 hours after receipt of the request for with Part II, paragraphs 109 and 110 of the clarification. Protocol.

48. In the course of the on-site inspection, 44. The Director-General, before the Execu- tive Council takes a decision on the on-site the inspection team may submit to the Ex- inspection request, shall transmit immedi- ecutive Council, through the Director- General, a proposal to conduct drilling. The ately to the Executive Council any addi- tional information available from the Inter- Executive Council shall take a decision on such a proposal no later than 72 hours after

Inventory of International Nonproliferation Organizations and Regimes CTBT-16 © Center for Nonproliferation Studies CTBT TREATY SUMMARY & TEXT receipt of the proposal. The decision to ap- and recommendations to the Executive prove drilling shall be made by a majority of Council pursuant to paragraphs 46 to 50. all members of the Executive Council. Follow-up after Executive Council Ap- 49. The inspection team may request the Ex- proval of an On-Site Inspection ecutive Council, through the Director- General, to extend the inspection duration 53. An on-site inspection approved by the by a maximum of 70 days beyond the 60- Executive Council shall be conducted with- day time-frame specified in Part II, para- out delay by an inspection team designated graph 4 of the Protocol, if the inspection by the Director-General and in accordance team considers such an extension essential with the provisions of this Treaty and the to enable it to fulfil its mandate. The inspec- Protocol. The inspection team shall arrive at tion team shall indicate in its request which the point of entry no later than six days fol- of the activities and techniques listed in Part lowing the receipt by the Executive Council II, paragraph 69 of the Protocol it intends to of the on-site inspection request from the re- carry out during the extension period. The questing State Party. Executive Council shall take a decision on the extension request no later than 72 hours 54. The Director-General shall issue an in- after receipt of the request. The decision to spection mandate for the conduct of the on- approve an extension of the inspection dura- site inspection. The inspection mandate shall tion shall be made by a majority of all mem- contain the information specified in Part II, bers of the Executive Council. paragraph 42 of the Protocol.

50. Any time following the approval of the 55. The Director-General shall notify the in- continuation of the on-site inspection in ac- spected State Party of the inspection no less cordance with paragraph 47, the inspection than 24 hours before the planned arrival of team may submit to the Executive Council, the inspection team at the point of entry, in through the Director-General, a recommen- accordance with Part II, paragraph 43 of the dation to terminate the inspection. Such a Protocol. recommendation shall be considered ap- proved unless the Executive Council, no lat- er than 72 hours after receipt of the recom- The Conduct of an On-Site Inspection mendation, decides by a two-thirds majority of all its members not to approve the termi- 56. Each State Party shall permit the Or- nation of the inspection. In case of termina- ganization to conduct an on-site inspection tion of the inspection, the inspection team on its territory or at places under its jurisdic- shall leave the inspection area and the terri- tion or control in accordance with the provi- tory of the inspected State Party as soon as sions of this Treaty and the Protocol. How- possible in accordance with Part II, para- ever, no State Party shall have to accept si- graphs 109 and 110 of the Protocol. multaneous on-site inspections on its terri- tory or at places under its jurisdiction or 51. The requesting State Party and the State control. Party sought to be inspected may participate in the deliberations of the Executive Council 57. In accordance with the provisions of this on the on-site inspection request without Treaty and the Protocol, the inspected State voting. The requesting State Party and the Party shall have: inspected State Party may also participate without voting in any subsequent delibera- (a) The right and the obligation to tions of the Executive Council related to the make every reasonable effort to inspection. demonstrate its compliance with this Treaty and, to this end, to en- 52. The Director-General shall notify all able the inspection team to fulfil its States Parties within 24 hours about any de- mandate; cision by and reports, proposals, requests

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(b) The right to take measures it 59. The inspected State Party shall assist the deems necessary to protect national inspection team throughout the on-site in- security interests and to prevent spection and facilitate its task. disclosure of confidential informa- tion not related to the purpose of 60. If the inspected State Party, acting in ac- the inspection; cordance with Part II, paragraphs 86 to 96 of the Protocol, restricts access within the in- (c) The obligation to provide access spection area, it shall make every reasonable within the inspection area for the effort in consultations with the inspection sole purpose of determining facts team to demonstrate through alternative relevant to the purpose of the in- means its compliance with this Treaty. spection, taking into account sub- paragraph (b) and any constitu- Observer tional obligations it may have with regard to proprietary rights or 61. With regard to an observer, the follow- searches and seizures; ing shall apply:

(d) The obligation not to invoke (a) The requesting State Party, sub- this paragraph or Part II, paragraph ject to the agreement of the in- 88 of the Protocol to conceal any spected State Party, may send a violation of its obligations under representative, who shall be a na- Article I; and tional either of the requesting State Party or of a third State Party, to (e) The obligation not to impede observe the conduct of the on-site the ability of the inspection team to inspection; move within the inspection area and to carry out inspection activi- (b) The inspected State Party shall ties in accordance with this Treaty notify its acceptance or non- and the Protocol. acceptance of the proposed ob- server to the Director-General Access, in the context of an on-site inspec- within 12 hours after approval of tion, means both the physical access of the the on-site inspection by the Execu- inspection team and the inspection equip- tive Council; ment to, and the conduct of inspection ac- tivities within, the inspection area. (c) In case of acceptance, the in- spected State Party shall grant ac- 58. The on-site inspection shall be con- cess to the observer in accordance ducted in the least intrusive manner possi- with the Protocol; ble, consistent with the efficient and timely accomplishment of the inspection mandate, (d) The inspected State Party shall, and in accordance with the procedures set as a rule, accept the proposed ob- forth in the Protocol. Wherever possible, the server, but if the inspected State inspection team shall begin with the least in- Party exercises a refusal, that fact trusive procedures and then proceed to more shall be recorded in the inspection intrusive procedures only as it deems neces- report. sary to collect sufficient information to clar- ify the concern about possible non- compliance with this Treaty. The inspectors There shall be no more than three observers shall seek only the information and data ne- from an aggregate of requesting States Par- cessary for the purpose of the inspection and ties. shall seek to minimize interference with normal operations of the inspected State Par- Reports of an On-Site Inspection ty. 62. Inspection reports shall contain:

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(a) A description of the activities Director-General deems relevant. In the case conducted by the inspection team; of the progress inspection report referred to in paragraph 47, the Director-General shall (b) The factual findings of the in- transmit the report to the Executive Council spection team relevant to the pur- within the time-frame specified in that para- pose of the inspection; graph.

(c) An account of the cooperation 65. The Executive Council, in accordance granted during the on-site inspec- with its powers and functions, shall review tion; the inspection report and any material pro- vided pursuant to paragraph 64, and shall (d) A factual description of the ex- address any concerns as to: tent of the access granted, including the alternative means provided to (a) Whether any non-compliance the team, during the on-site inspec- with this Treaty has occurred; and tion; and (b) Whether the right to request an (e) Any other details relevant to the on-site inspection has been abused. purpose of the inspection. 66. If the Executive Council reaches the Differing observations made by inspectors conclusion, in keeping with its powers and may be attached to the report. functions, that further action may be neces- sary with regard to paragraph 65, it shall 63. The Director-General shall make draft take the appropriate measures in accordance with Article V. inspection reports available to the inspected State Party. The inspected State Party shall have the right to provide the Director- Frivolous or Abusive On-Site Inspection General within 48 hours with its comments Requests and explanations, and to identify any infor- mation and data which, in its view, are not 67. If the Executive Council does not ap- related to the purpose of the inspection and prove the on-site inspection on the basis that should not be circulated outside the Techni- the on-site inspection request is frivolous or cal Secretariat. The Director-General shall abusive, or if the inspection is terminated for consider the proposals for changes to the the same reasons, the Executive Council draft inspection report made by the in- shall consider and decide on whether to im- spected State Party and shall wherever pos- plement appropriate measures to redress the sible incorporate them. The Director- situation, including the following: General shall also annex the comments and explanations provided by the inspected State (a) Requiring the requesting State Party to the inspection report. Party to pay for the cost of any preparations made by the Technical 64. The Director-General shall promptly Secretariat; transmit the inspection report to the request- ing State Party, the inspected State Party, the (b) Suspending the right of the re- Executive Council and to all other States questing State Party to request an Parties. The Director-General shall further on-site inspection for a period of transmit promptly to the Executive Council time, as determined by the Execu- and to all other States Parties any results of tive Council; and sample analysis in designated laboratories in accordance with Part II, paragraph 104 of (c) Suspending the right of the re- the Protocol, relevant data from the Interna- questing State Party to serve on the tional Monitoring System, the assessments Executive Council for a period of of the requesting and inspected States Par- time. ties, as well as any other information that the

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E. CONFIDENCE-BUILDING 4. The Conference, or alternatively, if the MEASURES case is urgent, the Executive Council, may bring the issue, including relevant informa- 68. In order to: tion and conclusions, to the attention of the United Nations. (a) Contribute to the timely resolu- tion of any compliance concerns ARTICLE VI arising from possible misinterpreta- tion of verification data relating to SETTLEMENT OF DISPUTES chemical explosions; and 1. Disputes that may arise concerning the (b) Assist in the calibration of the application or the interpretation of this Trea- stations that are part of the compo- ty shall be settled in accordance with the re- nent networks of the International levant provisions of this Treaty and in con- Monitoring System, each State Par- formity with the provisions of the Charter of ty undertakes to cooperate with the the United Nations. Organization and with other States Parties in implementing relevant 2. When a dispute arises between two or measures as set out in Part III of the more States Parties, or between one or more Protocol. States Parties and the Organization, relating to the application or interpretation of this ARTICLE V Treaty, the parties concerned shall consult together with a view to the expeditious set- MEASURES TO REDRESS A tlement of the dispute by negotiation or by SITUATION AND TO ENSURE other peaceful means of the parties' choice, COMPLIANCE, INCLUDING including recourse to appropriate organs of SANCTIONS this Treaty and, by mutual consent, referral to the International Court of Justice in con- 1. The Conference, taking into account, inter formity with the Statute of the Court. The alia, the recommendations of the Executive parties involved shall keep the Executive Council, shall take the necessary measures, Council informed of actions being taken. as set forth in paragraphs 2 and 3, to ensure compliance with this Treaty and to redress 3. The Executive Council may contribute to and remedy any situation which contravenes the settlement of a dispute that may arise the provisions of this Treaty. concerning the application or interpretation of this Treaty by whatever means it deems 2. In cases where a State Party has been re- appropriate, including offering its good of- fices, calling upon the States Parties to a quested by the Conference or the Executive Council to redress a situation raising prob- dispute to seek a settlement through a proc- lems with regard to its compliance and fails ess of their own choice, bringing the matter to the attention of the Conference and rec- to fulfil the request within the specified time, the Conference may, inter alia, decide ommending a time-limit for any agreed pro- to restrict or suspend the State Party from cedure. the exercise of its rights and privileges under this Treaty until the Conference decides oth- 4. The Conference shall consider questions erwise. related to disputes raised by States Parties or brought to its attention by the Executive 3. In cases where damage to the object and Council. The Conference shall, as it finds necessary, establish or entrust organs with purpose of this Treaty may result from non- compliance with the basic obligations of this tasks related to the settlement of these dis- Treaty, the Conference may recommend to putes in conformity with Article II, para- graph 26 (j). States Parties collective measures which are in conformity with international law.

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5. The Conference and the Executive Coun- no case shall an Amendment Conference be cil are separately empowered, subject to au- held less than 60 days after the circulation of thorization from the General Assembly of the proposed amendment. the United Nations, to request the Interna- tional Court of Justice to give an advisory 5. Amendments shall be adopted by the opinion on any legal question arising within Amendment Conference by a positive vote the scope of the activities of the Organiza- of a majority of the States Parties with no tion. An agreement between the Organiza- State Party casting a negative vote. tion and the United Nations shall be con- cluded for this purpose in accordance with 6. Amendments shall enter into force for all Article II, paragraph 38 (h). States Parties 30 days after deposit of the in- struments of ratification or acceptance by all 6. This Article is without prejudice to Arti- those States Parties casting a positive vote at cles IV and V. the Amendment Conference.

ARTICLE VII 7. In order to ensure the viability and effec- tiveness of this Treaty, Parts I and III of the AMENDMENTS Protocol and Annexes 1 and 2 to the Proto- col shall be subject to changes in accordance 1. At any time after the entry into force of with paragraph 8, if the proposed changes this Treaty, any State Party may propose are related only to matters of an administra- amendments to this Treaty, the Protocol, or tive or technical nature. All other provisions the Annexes to the Protocol. Any State Party of the Protocol and the Annexes thereto may also propose changes, in accordance shall not be subject to changes in accordance with paragraph 7, to the Protocol or the An- with paragraph 8. nexes thereto. Proposals for amendments shall be subject to the procedures in para- 8. Proposed changes referred to in paragraph graphs 2 to 6. Proposals for changes, in ac- 7 shall be made in accordance with the fol- cordance with paragraph 7, shall be subject lowing procedures: to the procedures in paragraph 8. (a) The text of the proposed 2. The proposed amendment shall be con- changes shall be transmitted to- sidered and adopted only by an Amendment gether with the necessary informa- Conference. tion to the Director-General. Addi- tional information for the evalua- 3. Any proposal for an amendment shall be tion of the proposal may be pro- communicated to the Director-General, who vided by any State Party and the shall circulate it to all States Parties and the Director-General. The Director- Depositary and seek the views of the States General shall promptly communi- Parties on whether an Amendment Confer- cate any such proposals and infor- ence should be convened to consider the mation to all States Parties, the Ex- proposal. If a majority of the States Parties ecutive Council and the Depositary; notify the Director-General no later than 30 days after its circulation that they support (b) No later than 60 days after its further consideration of the proposal, the Di- receipt, the Director-General shall rector-General shall convene an Amendment evaluate the proposal to determine Conference to which all States Parties shall all its possible consequences for the be invited. provisions of this Treaty and its implementation and shall commu- 4. The Amendment Conference shall be held nicate any such information to all immediately following a regular session of States Parties and the Executive the Conference unless all States Parties that Council; support the convening of an Amendment Conference request that it be held earlier. In

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(c) The Executive Council shall ex- 1. Unless otherwise decided by a majority of amine the proposal in the light of the States Parties, ten years after the entry all information available to it, in- into force of this Treaty a Conference of the cluding whether the proposal fulfils States Parties shall be held to review the op- the requirements of paragraph 7. eration and effectiveness of this Treaty, with No later than 90 days after its re- a view to assuring itself that the objectives ceipt, the Executive Council shall and purposes in the Preamble and the provi- notify its recommendation, with sions of the Treaty are being realized. Such appropriate explanations, to all review shall take into account any new sci- States Parties for consideration. entific and technological developments rele- States Parties shall acknowledge vant to this Treaty. On the basis of a request receipt within 10 days; by any State Party, the Review Conference shall consider the possibility of permitting (d) If the Executive Council rec- the conduct of underground nuclear explo- ommends to all States Parties that sions for peaceful purposes. If the Review the proposal be adopted, it shall be Conference decides by consensus that such considered approved if no State nuclear explosions may be permitted, it shall Party objects to it within 90 days commence work without delay, with a view after receipt of the recommenda- to recommending to States Parties an appro- tion. If the Executive Council rec- priate amendment to this Treaty that shall ommends that the proposal be re- preclude any military benefits of such nu- jected, it shall be considered re- clear explosions. Any such proposed jected if no State Party objects to amendment shall be communicated to the the rejection within 90 days after Director-General by any State Party and receipt of the recommendation; shall be dealt with in accordance with the provisions of Article VII. (e) If a recommendation of the Ex- ecutive Council does not meet with 2. At intervals of ten years thereafter, further the acceptance required under sub- Review Conferences may be convened with paragraph (d), a decision on the the same objective, if the Conference so de- proposal, including whether it ful- cides as a matter of procedure in the preced- fils the requirements of paragraph ing year. Such Conferences may be con- 7, shall be taken as a matter of sub- vened after an interval of less than ten years stance by the Conference at its next if so decided by the Conference as a matter session; of substance.

(f) The Director-General shall no- 3. Normally, any Review Conference shall tify all States Parties and the De- be held immediately following the regular positary of any decision under this annual session of the Conference provided paragraph; for in Article II.

(g) Changes approved under this ARTICLE IX procedure shall enter into force for all States Parties 180 days after the DURATION AND WITHDRAWAL date of notification by the Director- General of their approval unless 1. This Treaty shall be of unlimited duration. another time period is recom- mended by the Executive Council 2. Each State Party shall, in exercising its or decided by the Conference. national sovereignty, have the right to with- draw from this Treaty if it decides that ex- ARTICLE VIII traordinary events related to the subject mat- ter of this Treaty have jeopardized its su- REVIEW OF THE TREATY preme interests.

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3. Withdrawal shall be effected by giving 2. If this Treaty has not entered into force notice six months in advance to all other three years after the date of the anniversary States Parties, the Executive Council, the of its opening for signature, the Depositary Depositary and the United Nations Security shall convene a Conference of the States that Council. Notice of withdrawal shall include have already deposited their instruments of a statement of the extraordinary event or ratification upon the request of a majority of events which a State Party regards as jeop- those States. That Conference shall examine ardizing its supreme interests. the extent to which the requirement set out in paragraph 1 has been met and shall con- ARTICLE X sider and decide by consensus what meas- ures consistent with international law may be undertaken to accelerate the ratification STATUS OF THE PROTOCOL AND process in order to facilitate the early entry THE ANNEXES into force of this Treaty. The Annexes to this Treaty, the Protocol, 3. Unless otherwise decided by the Confer- and the Annexes to the Protocol form an in- tegral part of the Treaty. Any reference to ence referred to in paragraph 2 or other such this Treaty includes the Annexes to this conferences, this process shall be repeated at subsequent anniversaries of the opening for Treaty, the Protocol and the Annexes to the Protocol. signature of this Treaty, until its entry into force. ARTICLE XI 4. All States Signatories shall be invited to attend the Conference referred to in para- SIGNATURE graph 2 and any subsequent conferences as referred to in paragraph 3, as observers. This Treaty shall be open to all States for signature before its entry into force. 5. For States whose instruments of ratifica- tion or accession are deposited subsequent to ARTICLE XII the entry into force of this Treaty, it shall en- ter into force on the 30th day following the RATIFICATION date of deposit of their instruments of ratifi- cation or accession. This Treaty shall be subject to ratification by States Signatories according to their respec- ARTICLE XV tive constitutional processes. RESERVATIONS ARTICLE XIII The Articles of and the Annexes to this ACCESSION Treaty shall not be subject to reservations. The provisions of the Protocol to this Treaty Any State which does not sign this Treaty and the Annexes to the Protocol shall not be before its entry into force may accede to it at subject to reservations incompatible with the any time thereafter. object and purpose of this Treaty.

ARTICLE XIV ARTICLE XVI

ENTRY INTO FORCE DEPOSITARY

1. This Treaty shall enter into force 180 days 1. The Secretary-General of the United Na- after the date of deposit of the instruments of tions shall be the Depositary of this Treaty ratification by all States listed in Annex 2 to and shall receive signatures, instruments of this Treaty, but in no case earlier than two ratification and instruments of accession. years after its opening for signature.

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2. The Depositary shall promptly inform all Czech Republic, Estonia, Georgia, Hungary, States Signatories and acceding States of the Latvia, Lithuania, Moldova, Poland, Roma- date of each signature, the date of deposit of nia, Russian Federation, Slovakia, Slovenia, each instrument of ratification or accession, The former Yugoslav Republic of Mace- the date of the entry into force of this Treaty donia, Ukraine, Yugoslavia. and of any amendments and changes thereto, and the receipt of other notices. Latin America and the Caribbean

3. The Depositary shall send duly certified Antigua and Barbuda, Argentina, Bahamas, copies of this Treaty to the Governments of Barbados, Belize, Bolivia, Brazil, Chile, Co- the States Signatories and acceding States. lombia, Costa Rica, Cuba, Dominica, Do- minican Republic, Ecuador, El Salvador, 4. This Treaty shall be registered by the De- Grenada, Guatemala, Guyana, Haiti, Hondu- positary pursuant to Article 102 of the Char- ras, Jamaica, Mexico, Nicaragua, Panama, ter of the United Nations. Paraguay, Peru, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, ARTICLE XVII Suriname, Trinidad and Tobago, Uruguay, Venezuela. AUTHENTIC TEXTS Middle East and South Asia This Treaty, of which the Arabic, Chinese, English, French, Russian and Spanish texts Afghanistan, Bahrain, Bangladesh, Bhutan, are equally authentic, shall be deposited India, Iran (Islamic Republic of), Iraq, Is- with the Secretary-General of the United rael, Jordan, Kazakstan, Kuwait, Kyr- Nations. gyzstan, Lebanon, Maldives, Nepal, Oman, Pakistan, Qatar, Saudi Arabia, Sri Lanka, Syrian Arab Republic, Tajikistan, Turk- ANNEX 1 TO THE TREATY menistan, United Arab Emirates, Uzbeki- stan, Yemen. LIST OF STATES PURSUANT TO ARTICLE II, PARAGRAPH 28 North America and Western Europe Africa Andorra, Austria, , , Cyprus, Denmark, Finland, , Germany, Algeria, Angola, Benin, Botswana, Burkina Greece, Holy See, Iceland, Ireland, , Faso, Burundi, Cameroon, Cape Verde, Liechtenstein, Luxembourg, Malta, Monaco, Central African Republic, Chad, Comoros, Netherlands, Norway, Portugal, San Marino, Congo, Cote d'Ivoire, Djibouti, Egypt, Equa- Spain, Sweden, , Turkey, United torial Guinea, Eritrea, Ethiopia, Gabon, Kingdom of Great Britain and Northern Ire- Gambia, Ghana, Guinea, Guinea-Bissau, land, of America. Kenya, Lesotho, Liberia, Libyan Arab Ja- mahiriya, Madagascar, Malawi, Mali, Mau- South East Asia, the Pacific and the Far East ritania, Mauritius, Morocco, Mozambique, Namibia, Niger, Nigeria, Rwanda, Sao Tome & Principe, Senegal, Seychelles, Si- Australia, Brunei Darussalam, Cambodia, erra Leone, Somalia, South Africa, Sudan, China, Cook Islands, Democratic People's Swaziland, Togo, Tunisia, Uganda, United Republic of Korea, Fiji, Indonesia, Japan, Republic of Tanzania, Zaire, Zambia, Zim- Kiribati, Lao People's Democratic Republic, babwe. Malaysia, Marshall Islands, Micronesia (Fe- derated States of), Mongolia, Myanmar, Nauru, , Niue, Palau, Papua Eastern Europe New Guinea, Philippines, Republic of Ko- rea, Samoa, Singapore, Solomon Islands, Albania, Armenia, Azerbaijan, Belarus, Thailand, Tonga, Tuvalu, Vanuatu, Viet Bosnia and Herzegovina, Bulgaria, Croatia, Nam.

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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 for- mally participated in the work of the 1996 session of the Conference and which appear in Table 1 of the International Atomic En- ergy Agency's April 1996 edition of "Nu- clear Power Reactors in the World", and of States members of the Conference on Dis- armament as at 18 June 1996 which for- mally participated in the work of the 1996 session of the Conference and which appear in Table 1 of the International Atomic En- ergy Agency's December 1995 edition of "Nuclear Research Reactors in the World": Algeria, Argentina, Australia, Austria, Bangladesh, Belgium, Brazil, Bulgaria, Canada, Chile, China, Colombia, Democ- ratic 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, of Great Britain and Northern Ireland, United States of America, Viet Nam, Zaire.

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