IAEA
International Atomic Energy Agency
Information Circular
(Unofficial electronic edition)
INFCIRC/274/Rev.1/Add.5
October 1995

GENERAL Distr.
Original: ENGLISH


Convention on Physical Protection of Nuclear Material

Part I: Status list as of 1 September 1995
Part II: Texts of reservations/declarations made upon or following expressing consent to be bound
Part III: Texts of reservations/declarations made upon signature


Part I

Convention on Physical Protection of Nuclear Material

Signature, ratification, acceptance, approval or accession by States or organizations

Status List as of 1 September 1995

State/
Organization
Date of signature Means/date of deposit of expression of force consent
to be bound
Entry into force

Antigua/Barbuda acceded 4 Aug 1993 3 Sep 1993
Argentina* 28 Feb 1986 ratified* 6 Apr 1989 6 May 1989
Armenia acceded 24 Aug 1993 23 Sep 1993
Australia 22 Feb 1984 ratified 22 Sep 1987 22 Oct 1987
Austria 3 Mar 1980 ratified 22 Dec 1988 21 Jan 1989
Belarus succession
notified*
9 Sep 1993 effect from
14 Jun 1993
Belgium 13 Jun 1980(*) ratified(*) 6 Sep 1991 6 Oct 1991
Brazil 15 May 1981 ratified 17 Oct 1985 8 Feb 1987
Bulgaria* 23 Jun 1981 ratified* 1/ 10 Apr 1984 8 Feb 1987
Canada 23 Sep 1980 ratified 21 Mar 1986 8 Feb 1987
Chile acceded 27 Apr 1994 27 May 1994
China acceded* 10 Jan 1989 9 Feb 1989
Croatia succession
notified
29 Sep 1992 effect from
8 Oct 1991
Czech Republic succession
notified
24 Mar 1993 effect from
1 Jan 1993
Denmark 13 Jun 1980(*) ratified(*) 6 Sep 1991 6 Oct 1991
Dominican Republic 3 Mar 1980
Ecuador 26 Jun 1986
Estonia acceded 9 May 1994 8 Jun 1994
EURATOM* 13 Jun 1980 confirmed* 6 Sep 1991 6 Oct 1991
Finland 25 Jun 1981 accepted 22 Sep 1989 22 Oct 1989
France* 13 Jun 1980(*) approved(*) * 6 Sep 1991 6 Oct 1991
Germany 13 Jun 1980(*) ratified(*) 6 Sep 1991 6 Oct 1991
Greece 3 Mar 1980 ratified(*) 6 Sep 1991 6 Oct 1991
Guatemala 12 Mar 1980 ratified 23 Apr 1985 8 Feb 1987
Haiti 9 Apr 1980
Hungary* 17 Jun 1980 ratified* 1/ 4 May 1984 8 Feb 1987
Indonesia 3 Ju11986 ratified* 5 Nov 1986 8 Feb 1987
Ireland 13 Jun 1980(*) ratified(*) 6 Sep 1991 6 Oct 1991
Israel* 17 Jun 1983
Italy* 13 Jun 1980(*) ratified(*) * 6 Sep 1991 6 Oct 1991
Japan acceded 28 Oct 1988 27 Nov 1988
Korea, Rep.of* 29 Dec 1981 ratified* 7 Apr 1982 8 Feb 1987
Liechtenstein 13 Jan 1986 ratified 25 Nov 1986 8 Feb 1987
Lithuania acceded 7 Dec 1993 6 Jan 1994
Luxembourg 13 Jun 1980(*) ratified(*) 6 Sep 1991 6 Oct 1991
Mexico acceded 4 Apr 1988 4 May 1988
Mongolia* 23 Jan 1986 ratified* 1/ 28 May 1986 8 Feb 1987
Morocco 25 Ju1 1980
Netherlands 13 Jun 1980(*) accepted(*) * 6 Sep 1991 6 Oct 1991
Niger 7 Jan 1985
Norway 26 Jan 1983 ratified 15 Aug 1985 8 Feb 1987
Panama 18 Mar 1980
Paraguay 21 May 1980 ratified 6 Feb 1985 8 Feb 1987
Peru acceded* 11 Jan 1995 10 Feb 1995
Philippines 19 May 1980 ratified 22 Sep 1981 8 Feb 1987
Poland* 6 Aug 1980 ratified* 5 Oct 1983 8 Feb 1987
Portugal 19 Sep 1984 ratified(*) 6 Sep 1991 6 Oct 1991
Romania* 15 Jan 1981 ratified 23 Nov 1993 23 Dec 1993
Russian Federation 22 May 1980 ratified*
continued
25 May 83
26 Dec 1991
8 Feb 1987
Slovak Republic succession
notified
10 Feb 1993 effect from
1 Jan 1993
Slovenia succession
notified
7 Jul 1992 effect from
25 Jun 1991
South Africa* 18 May 1981
Spain* 7 Apr 1986(*) ratified(*) * 6 Sep 1991 6 Oct 1991
Sweden 2 Ju1 1980 ratified 1 Aug 1980 8 Feb 1987
Switzerland Jan 1987 ratified 9 Jan 1987 8 Feb 1987
Tunisia acceded 8 Apr 1993 8 May 1993
Turkey* 23 Aug 1983 ratified* 27 Feb 1985 8 Feb 1987
Ukraine acceded 6 Jul 1993 5 Aug 1993
United Kingdom 13 Jun 1980(*) ratified(*) * 6 Sep 1991 6 Oct 1991
United States 3 Mar 1980 ratified 13 Dec 1982 8 Feb 1987
Yugoslavia 15 Ju11980 ratified
continued
14 May 86
28 Apr 1992
8 Feb 1987

Note: The Convention entered into force on 8 February 1987, i.e. on the thirtieth day following the deposit of the twenty-first instrument of ratification, acceptance or approval with the Director General pursuant to Article 19, paragraph 1.

Status: 45 signatories

53 parties


* Indicates that a reservation/declaration was deposited upon signature/ratification/acceptance/approval/accession.

(*) signed/ratified as EURATOM Member State.

1/ Indicates that reservation/declaration was subsequently withdrawn.


Part II

Reservations/Declarations Made Upon or Following Expressing Consent to be Bound

Argentina [6 April 1989]1/
"In accordance with the provisions of Article 17.3 of the Convention, Argentina does not consider itself bound by either of the dispute settlement procedures provided for in Article 17.2 of the Convention."
(Original in Spanish; translation by the Secretariat)

Belarus [9 September 1993]1/
"... does not consider itself bound by the provisions of Article 17, paragraph 2 of the Convention that any dispute concerning the interpretation or application of the Convention shall be submitted to arbitration or referred to the International Court of Justice at the request of any party to such dispute."
(Original in Russian; translation by the Secretariat)

China [10 January 1989]1/
"China will not be bound by the two dispute settlement procedures as stipulated in Paragraph 2, Article 17 of the said Convention."
(Original in Chinese; translation by the Secretariat)

European Atomic Energy Community [6 September 1991]1/
"Pursuant to Article 18 (4)(c) of the Convention, [the European Atomic Energy Community] would like to declare:

  1. that the Member States of the Community are at present Belgium, Denmark, France, Germany, Greece, Ireland, Italy, Luxembourg, the Netherlands, Portugal, Spain, and the United Kingdom of Great Britain and Northern Ireland;
  2. that Articles 7 to 13 of the Convention are not applicable to the Community.

    "Further, pursuant to Article 17 (3) of the Convention, [the European Atomic Energy Community] declare[s] that, since only States may be parties in cases before the International Court of Justice, the Community considers itself exclusively bound by the arbitration procedures provided for in Article 17 (2)."
    (Original in English)

France [6 September 1991 ]1/ (*)

  1. In approving the Convention, the French Government expresses the following reservation: the offences described in sub-paragraphs 1 (e) and 1 (f) of Article 7 of the Convention shall be punished in accordance with the provisions of French penal legislation.

  2. "The French Government declares that the jurisdiction referred to in Article 8, paragraph 4 may not be invoked against it, since the criterion of jurisdiction based on involvement in international nuclear transport as the exporting or importing State is not expressly recognized in international law and is not provided for in French national legislation.

  3. "In accordance with Article 1 7, paragraph 3, France declares that it does not accept the competence of the International Court of Justice in the settlement of the disputes referred to in paragraph 2 of this article, nor that of the President of the International Court of Justice to appoint one or more arbitrators." (Original in French; translation by the Secretariat)

Guatemala [23 April 1985]1/
"The Republic of Guatemala does not consider itself bound by any of the dispute settlement procedures set out in paragraph 2 of Article 17 of the Convention, which provide for the submission of disputes to arbitration or their referral to the International Court of Justice for decision."
(Original in Spanish; translation by the Secretariat)

Indonesia [5 November 1986]1/
"The Government of the Republic of Indonesia does not consider itself bound by the provision of Article 17, paragraph 2 of this Convention and take the position that any dispute relating to the interpretation or application of the Convention may only be submitted to arbitration or to the International Court of Justice with the agreement of all the parties to the dispute."
(Originals in English and Indonesian; supplied by the Government)

Italy [6 September 1991]1/ (*)
Confirms the reservations and declaration made upon signature.
(Original in English)

Korea, Republic of [7 April 1982]1/
Confirms the reservation made upon signature.
(Original in English)

Netherlands [6 September 1991]1/ (*)
"With regard to the obligation to exercise jurisdiction referred to in Article 10 of the Convention on the Physical Protection of Nuclear Material, done at Vienna/New York on 3 March 1980, the Kingdom of the Netherlands makes the reservation, that in cases where the judicial authorities of the Netherlands are unable to exercise jurisdiction on the grounds of one of the principles referred to in Article 8, paragraph 1, of the Convention, the Kingdom shall be bound by this obligation only if it has received an extradition request from a Party to the Convention and the said request has been rejected."
(Original in English)

Peru [11 January 1995]1/
"In accordance with the provisions of Article 17.3 of the Convention, Peru does not consider itself bound by any of the dispute settlement procedures provided for in the convention.

A Note explaining the reservation reads as follows:

"The reservation made by Peru in the instrument of accession ... refers only to the dispute settlement procedures provided for in paragraph 2 of Article 17, in accordance with paragraph 3 of the same article."

(Original in Spanish; translation by the Secretariat)

Poland [5 October 1983]1/
Confirms the reservation made upon signature.
(Original in French; translation by the Secretariat)

Russian Federation [25 May 1983]1/
Confirms the reservation made upon signature.
(Original in Russian; translation by the Secretariat)

Spain [6 September 1991]1/ (*)
"The Kingdom of Spain declares, in accordance with paragraph 3 of Article 17 of the Convention, that it does not consider itself bound by the procedure for the settlement of disputes stipulated in paragraph 2 of Article 17."
(Original in Spanish; translation by the Secretariat)

Turkey [27 February 1985]1/
Confirms the reservation made upon signature.
(Original in English)

United Kingdom [11 December 1991]1/
"...the Convention was extended to cover the Bailiwicks of Jersey and Guernsey and the Isle of Man with effect from 6 October 1991. The United Kin~dom's Instrument of Ratification should accordingly be construed to extend to them.
(Original in English)


Part III

Reservations/Declarations Made Upon Signature

Argentina [28 February 1986]1/
"In accordance with the provision of Article 17.3, the Republic of Argentina does not consider itself bound by any of the arbitration procedures laid down in Article 17.2 of the Convention . "
(Original in Spanish; translation by the Secretariat)

Bulgaria [23 June 1981]1/
"....with the reservation that the People's Republic of Bulgaria does not consider itself bound by Article 17, paragraph 2, of the said Convention."
(Originals in French and Bulgarian; translation by the Secretariat)

European Atomic Energy Community [13 June 1980]1/
"At present the following States are members of the European Atomic Energy Community: Belgium, Denmark, France, the Federal Republic of Germany, Ireland, Italy, Luxembourg, the Netherlands and the United Kingdom.

"In signing the Convention, the Community declares that, when it has deposited the instrument of approval or acceptance pursuant to Article 18 and the Convention has entered into force for the Community pursuant to Article 19, Articles 7 to 13 of the Convention will not apply to it.

"Furthermore, the Community declares that, because under Article 34 of the Statute of the International Court of Justice only States may be parties in cases before the Court, it can only be bound by the arbitration procedure set out in Article 17(2)."
(Original in English)

France [13 June 1980]1/ (*)
"Recalling its statement contained in document CPNM/90 of 25 October 1979, the French Government declares that the jurisdiction referred to in Article 8, paragraph 4 may not be invoked against it, since the criterion of jurisdiction based on involvement in international nuclear transport as the exporting or importing State is not expressly recognized in international law and is not provided for in French national legislation. "

"In accordance with Article 17, paragraph 3, France declares that it does not accept the competence of the International Court of Justice in the settlement of the disputes referred to in paragraph 2 of this article, nor that of the President of the International Court of Justice to appoint one or more arbitrators."
(Original in French; translation by the Secretariat)

Hungary [17 June 1980]1/
"The Hungarian People's Republic does not consider itself bound by Article 17, paragraph 2, of the Convention, which provides that 'Any dispute of this character which cannot be settled in the manner prescribed in paragraph 1 shall, at the request of any party to such dispute, be submitted to arbitration or referred to the International Court of Justice for decision."'
(Originals in English and Hungarian; supplied by the Government)

Israel [17 June 1983]1/
"In accordance with Article 17, paragraph 3, Israel declares that it does not consider itself bound by the dispute settlement procedures provided for in paragraph 2 of Article 17."
(Original in English)

Italy [13 June 1980]1/ (*)

  1. "In connection with Art. 4.2

    Italy considers that if assurances as to the levels of physical protection described in annex I have not been received in good time the importing state party may take appropriate bilateral steps as far as practicable to assure itself that the transport will take place in compliance with the aforesaid levels.

  2. "In connection with Art. 10

    The last words 'through proceedings in accordance with the laws of the state' are to be considered as referring to the whole Article 10.

    "Italy considers that international co-operation and assistance for physical protection and recovery of nuclear materials as well as criminal rules and extradition will apply also to the domestic use, storage and transport of nuclear material used for peaceful purposes. Italy also considers that no provision contained in this convention shall be interpreted as precluding the possibility to widen the scope of the convention at the review conference foreseen in Art. 16."

    (Original in English)

Korea, Republic of [29 December 1981]1/
"... the Government of the Republic of Korea does not consider itself bound by the dispute settlement procedures provided for in Paragraph 2 of Article 17."
(Original in English)

Mongolia [23 January 1986]1/
"...does not consider itself bound by the provisions of para. 2 Article 17 of the Convention, whereby disputes arising out of the interpretation or application of the Convention could be submitted to arbitration or referred to the International Court of Justice for decision at the request of any party to the dispute.
(Original in English)

Poland [6 August 1980]1/
"The Polish People's Republic does not consider itself bound by the procedure for settlement of disputes laid down in Article 17.2 of the Convention."
(Originals in French and Polish; translation by the Secretariat)

Romania [15 January 1981]1/
"The Socialist Republic of Romania declares that it does not consider itself bound by the provisions of Article 17, paragraph 2 of the Convention on the Physical Protection of Nuclear Material, which state that any dispute concerning the interpretation or application of the Convention which cannot be settled by negotiation or by any other peaceful means of settling disputes shall, at the request of any party to such dispute, be submitted to arbitration or referred to the International Court of Justice for decision.

"The Socialist Republic of Romania considers that such disputes can be submitted to arbitration or to the International Court of Justice only with the consent of all parties to the dispute in each individual case.

"In signing the Convention on the Physical Protection of Nuclear Material, the Socialist Republic of Romania declares that, in its interpretation, the provisions of Article 18, paragraph 4 refer exclusively to organizations to which the Member States have transferred competence to negotiate, conclude and apply international agreements on their behalf and to exercise the rights and fulfil the responsibilities entailed by such agreements including the right to vote."
(Original in French; translation by the Secretariat)

Russian Federation [22 May 1980]1/
"The Union of Soviet Socialist Republics does not consider itself bound by the provisions of Article 17, paragraph 2 of the Convention that any dispute concerning the interpretation or application of the Convention shall be submitted to arbitration or referred to the International Court of Justice at the request of any party to such dispute." (Original in Russian; translation by the Secretariat)

South Africa [18 May 1981 ]1/
"In accordance with Article 17, paragraph 3, the Republic of South Africa declares that it does not consider itself bound by the dispute settlement procedures provided for in paragraph 2 of Article 17."
(Original in English)

Spain [7 April 1 986]1/ (*)
"...in accordance with paragraph 3 of Article 17 of the Convention, Spain does not consider itself bound by the procedure for the settlement of disputes stipulated in paragraph 2 of Article 17."
(Original in Spanish; translation by the Secretariat)

Turkey [23 August 1983]1/
"Turkey, in accordance with Article 17, Paragraph 3, of the Convention does not consider itself bound by Article 17, Paragraph 2 of the Convention.
(Original in English)


1/ Date of deposit of reservations/declarations.
(*) signed/ratified as EURATOM Member State.