Treaty on the Southeast Asia Nuclear Weapon-Free Zone Bangkok,Thailand 15 December 1995
The States Parties to this Treaty:DESIRING to contribute to the realization of the purposes and principles of the Charter of the United Nations;DETERMINED to take concrete action which will contribute to the progress towards general and complete disarmament of nuclear weapons, and to the promotion of international peace and security;REAFFIRMING the desire of the Southeast Asian States to maintain peace and stability in the region in the spirit of peaceful coexistence and mutual understanding and cooperation as enunciated in various communiques, declarations and other legal instruments;RECALLING the Declaration on the Zone of Peace, Freedom and Neutrality (ZOPFAN) signed in Kuala Lumpur on 27 November 1971 and the Programme of Action on ZOPFAN adopted at the 26th ASEAN Ministerial Meeting in Singapore in July 1993;CONVINCED that the establishment of a Southeast Asia Nuclear Weapon-Free Zone, as an essential component of the ZOPPAN, will contribute towards strengthening the security of States within the Zone and towards enhancing international peace and security as a whole;REAFFIRMING the importance of the Treaty on the Non-Proliferation of Nuclear Weapons (NPT) in preventing the proliferation of nuclear weapons and in contributing towards international peace and security;RECALLING Article VII of the NPT which recognizes the right of any group of States to conclude regional treaties in order to assume the total absence of nuclear weapons in their respective territories;RECALLING the Final Document of the Tenth Special Session of the United Nations General Assembly which encourages the establishment of nuclear weapon-free zones;RECALLING the Principles and Objectives for Nuclear Non-Proliferation and Disarmament, adopted at the 1995 Review and Extension Conference of the Parties to the NPT, that the cooperation of all the nuclear-weapon States and their respect and support for the relevant protocols is important for the maximum effectiveness of this nuclear weapon-free zone treaty and its relevant protocols.DETERMINED to protect the region from environmental pollution and the hazards posed by radioactive wastes and other radioactive material;HAVE AGREED as follows :
Use Of Term
For the purposes of this Treaty and its Protocol :
- (i) any deliberate disposal at sea, including seabed and subsoil insertion, of radioactive wastes or other matter from vessels, aircraft, platforms or other man-made structures at sea, and(ii) any deliberate disposal at sea, including seabed and subsoil insertion, of vessels, aircraft, platforms or other man-made structures at sea, containing radioactive material,but does not include the disposal of wastes or other matter incidental to, or derived from the normal operations of vessels, aircraft, platforms or other man-made structures at sea and their equipment, other than wastes or other matter transported by or to vessels, aircraft, platforms or other man-made structures at sea, operating for the purpose of disposal of such matter or derived from the treatment of such wastes or other matter on such vessels, aircraft, platforms or structures.
(a) “Southeast Asia Nuclear Weapon-Free Zone”, hereinafter referred to as the “Zone”, means the area comprising the territories of all States in Southeast Asia, namely, Brunei Darussalam, Cambodia, Indonesia, Laos, Malaysia, Myanmar, Philippines, Singapore, Thailand and Vietnam, and their respective continental shelves and Exclusive Economic Zones (EEZ);(b) “territory” means the land territory, internal waters, territorial sea, archipelagic waters, the seabed and the sub-soil thereof and the airspace above them;(c) “nuclear weapon” means any explosive device capable of releasing nuclear energy in an uncontrolled manner but does not include the means of transport or delivery of such device if separable from and not an indivisible part thereof;(d) “station” means to deploy, emplace, implant, install, stockpile or store;(e) “radioactive material” means material that contains radionuclides above clearance or exemption levels recommended by the International Atomic Energy Agency (IAEA);(f) “radioactive wastes” means material that contains or is contaminated with radionuclides at concentrations or activities greater than clearance levels recommended by the IAEA and for which no use is foreseen; and(g) “dumping” means
Article 2 APPLICATION OF THE TREATY
Article 3 BASIC UNDERTAKINGS
1. Each State Party undertakes not to, anywhere inside or outside the Zone a) develop, manufacture or otherwise acquire, possess or have control over nuclear weapons;(b) station or transport nuclear weapons by any means; or(c) test or use nuclear weapons.2. Each State Party also undertakes not to allow, in its territory, any other State to:(a) develop, manufacture or otherwise acquire, possess or have control over nuclear weapons;(b) station nuclear weapons; or(c) test or use nuclear weapons.
3. Each State Party also undertake not to:(a) dump at sea or discharge into the atmosphere anywhere within the Zone any radioactive material or wastes;(b) dispose radioactive material or wastes on land in the territory of or under the jurisdiction of other States except as stipulated in Paragraph 2 (e) of Article 4; or(c) allow, within its territory, any other State to dump at sea or discharge into the atmosphere any radioactive material or wastes.
4. Each State Party undertakes not to :
(a) seek or receive any assistance in the Commission of any act in violation of the provisions of Paragraphs 1, 2 and 3 of this Article; or(b) take any action to assist or encourage the Commission of any act in violation of the provisions of Paragraphs 1, 2 and 3 of this Article.
Article 4 USE OF NUCLEAR ENERGY FOR PEACEFUL PURPOSES1. Nothing in this Treaty shall prejudice the right of the States Parties to use nuclear energy, in particular for their economic development and social progress.2. Each State Party therefore undertakes:
- (a) to use exclusively for peaceful purposes nuclear material and facilities which are within its territory and areas under its jurisdiction and control;(b) prior to embarking on its peaceful nuclear energy programme, to subject its programme to rigorous nuclear safety assessment conforming to guidelines and standards recommended by the IAEA for the protection of health and minimization of danger to life and property in accordance with Paragraph 6 of Article III of the Statute of the IAEA;(c) upon request, to make available to another State Party the assessment except information relating to personal data, information protected by intellectual property rights or by industrial or commercial confidentiality, and information relating to national security;(d) to support the continued effectiveness of the international non-proliferation system based on the Treaty on the Non-Proliferation of Nuclear Weapons (NPT) and the IAEA safeguard system; and(e) to dispose radioactive wastes and other radioactive material in accordance with IAEA standards and procedures on land within its territory or on land within the territory of another State which has consented to such disposal.
3. Each State Party further undertakes not to provide source or special fissionable material, or equipment or material especially designed or prepared for the processing, use or production of special fissionable material to a) any non-nuclear-weapon State except under conditions subject to the safeguards required by Paragraph 1 of Article III of the NPT; or(b) any nuclear-weapon State except in conformity with applicable safeguards agreements with the IAEA.
Article 5 IAEA SAFEGUARDS
Article 6 EARLY NOTIFICATION OF A NUCLEAR ACCIDENTEach State Party which has not acceded to the Convention on Early Notification of a Nuclear Accident shall endeavour to do so. Article 7 FOREIGN SHIPS AND AIRCRAFT
Article 8 ESTABLISHMENT OF THE COMMISSION FOR THESOUTHEAST ASIA NUCLEAR WEAPON-FREE ZONE
1. There is hereby established a Commission for the Southeast Asia Nuclear Weapon-Free Zone, hereinafter referred to as the “Commission”.2. All States Parties are ipso facto members or the Commission. Each State Party shall be represented by its Foreign Minister or his representative accompanied by alternates and advisers.3. The function of the Commission shall be to oversee the implementation of this Treaty and ensure compliance with its provisions.4. The Commission shall meet as and when necessary in accordance with the provisions of this Treaty including upon the request of any State Party. As far as possible, the Commission shall meet in conjunction with the ASEAN Ministerial Meeting.5. At the beginning of each meeting, the Commission shall elect its Chairman and such other officers as may be required. They shall hold office until a new Chairman and other officers are elected at the next meeting.6. Unless otherwise provided for in this Treaty, two-thirds of the members of the Commission shall be present to constitute a quorum.7. Each member of the Commission shall have one vote.8. Except as provided for in this Treaty, decisions of the Commission shall be taken by consensus or, failing consensus, by a two-thirds majority of the members present and voting.9. The Commission shall, by consensus, agree upon and adopt rules of procedure for itself as well as financial rules governing its funding and that of its subsidiary organs.
Article 9 THE EXECUTIVE COMMITTEE
- (a) ensure the proper operation of verification measures in accordance with the provisions on the control system as stipulated in Article 10;(b) consider and decide on requests for clarification and for a fact-finding mission;(c) set up a fact-finding mission in accordance with the Annex of this Treaty;(d) consider and decide on the findings of a fact-finding mission and report to the Commission;(e) request the Commission to convene a meeting when appropriate and necessary;(f) conclude such agreements with the IAEA or other international organizations as referred to in Article 18 on behalf of the Commission after being duly authorized to do so by the Commission; and(g) carry out such other tasks as may, from time to time, be assigned by the Commission.
4. The Executive Committee shall meet as and when necessary for the efficient exercise of its functions. As far as possible, the Executive Committee shall meet in conjunction with the ASEAN Senior Officials Meeting.5. The Chairman of the Executive Committee shall be the representative of the Chairman of the Commission. Any submission or communication made by a State Party to the Chairman of the Executive Committee shall be disseminated to the other members of the Executive Committee.6. Two-thirds of the members of the Executive Committee shall be present to constitute a quorum.7. Each member of the Executive Committee shall have one vote.8. Decisions of the Executive Committee shall be taken by consensus or, failing consensus, by a two-thirds majority of the members present and voting.
Article 10 CONTROL SYSTEM
- (a) the IAEA safeguards system as provided for in Article 5;(b) report and exchange of information as provided for in Article 11;(c) request for clarification as provided for in Article 12; and(d) request and procedures for a fact-finding mission as provided for in Article 13.
1. Each State Party shall submit reports to the Executive Committee on any significant event within its territory and areas under its jurisdiction and control affecting the implementation of this Treaty.2. The States Parties may exchange information on matters arising under or in relation to this Treaty.
Article 12 REQUEST FOR CLARIFICATION
Article 13 REQUEST FOR A FACT-FINDING MISSION
A State Party shall have the right to request the Executive Committee to send a fact-finding mission to another State Party in order to clarify and resolve a situation which may be considered ambiguous or which may give rise to doubts about compliance with the provisions of this Treaty, in accordance with the procedure contained in the Annex to this Treaty.
Article 14 REMEDIAL MEASURES
Article 15 SIGNATURE, RATIFICATION, ACCESSION, DEPOSIT AND REGISTRATION
Article 16 ENTRY INTO FORCE
Article 17 RESERVATIONSThis Treaty shall not be subject to reservations. Article 18 RELATIONS WITH OTHER INTERNATIONAL ORGANIZATIONSThe Commission may conclude such agreements with the IAEA or other international organizations as it considers likely to facilitate the efficient operation of the control system established by this Treaty. Article 19 AMENDMENTS
1. Any State Party may propose amendments to this Treaty and its Protocol and shall submit its proposals to the Executive Committee, which shall transmit them to all the other States Parties. The Executive Committee shall immediately request the Commission to convene a meeting to examine the proposed amendments. The quorum required for such a meeting shall be all the members of the Commission. Any amendment shall be adopted by a consensus decision of the Commission.2. Amendments adopted shall enter into force 30 days after the receipt by the Depositary State of the seventh instrument of acceptance from the States Parties.
Article 20 REVIEW
Article 21 SETTLEMENT OF DISPUTES