Treaty on the Southeast Asia Nuclear Weapon-Free Zone (Bangkok Treaty)

 

 

Opened for signature at Bangkok: 15 December 1995

Entered into force: 27 March 1997

Depositary Government: Thailand

 

Protocol

 

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 completedisarmament 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 communiqués, 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 ZOPFAN, 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 assure 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:

Article I USE OF TERMS

 

For the purposes of this Treaty and its Protocol:

 

(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 subsoil 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

 

(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.

 

Article II APPLICATION OF THE TREATY

l.        This Treaty and its Protocol shall apply to the territories, continental shelves, and EEZ of the States Parties within the Zone in which this Treaty is in force.

 

2.         Nothing in this Treaty shall prejudice the rights or the exercise of these rights by any State under the provisions of the United Nations Convention on the Law of the Sea of 1982, in particular with regard to freedom of the high seas, rights of innocent passage, archipelagic sea lanes passage or transit passage of ships and aircraft, and consistent with the Charter of the United Nations.

 

Article III BASIC UNDERTAKINGS

l.        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

test or use nuclear weapons.

 

3.       Each State Party also undertakes not to:

(a)     dump at sea or discharge into the atmosphere anywhere withih 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 PURPOSES

1.         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 safeguards 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 l of Article III of the NPT; or

(b)     any nuclear-weapon State except in conformity with applicable safeguards agreements with the IAEA.

 

Article V IAEA SAFEGUARDS

Each State Party which has not done so shall conclude an agreement with the IAEA for the application of full scope safeguards to its peaceful nuclear activities not later than eighteen months after the entry into force for that State Party of this Treaty.

 

Article VI EARLY NOTIFICATION OF A NUCLEAR ACCIDENT

Each State Party which has not acceded to the Convention on Early Notification of a Nuclear Accident shall endeavour to do so.

 

Article VII FOREIGN SHIPS AND AIRCRAFT

Each State Party, on being notified, may decide for itself whether to allow visits by foreign ships and aircraft to its ports and airfields, transit of its airspace by foreign aircraft, and navigation by foreign ships through its territorial sea or archipelagic waters and overflight of foreign aircraft above those waters in a manner not governed by the rights of innocent passage, archipelagic sea lanes passage or transit passage.

 

Article VIII ESTABLISHMENT OF THE COMMISSION FOR THE SOUTHEAST ASIA NUCLEAR WEAPON-FREE ZONE

l.        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 of 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 IX THE EXECUTIVE COMMITTEE

l.        There is hereby established, as a subsidiary organ of the Commission, the Executive Committee.

 

2.       The Executive Committee shall be composed of all States Parties to this Treaty. Each State Party shall be represented by one senior official as its representative, who may be accompanied by alternates and advisers.

 

3.       The functions of the Executive Committee shall be to:

(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

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 X CONTROL SYSTEM

1.       There is hereby established a control system for the purpose of verifying compliance with the obligations of the States parties under this Treaty.

 

2.       The Control System shall comprise:

(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

request and procedures for a fact-f inding mission as provided for in Article 13.

 

Article XI REPORT AND EXCHANGE OF INFORMATION

l.        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.

 

The States Parties may exchange information on matters arising under or in relation to this Treaty.

 

Article XII REQUEST FOR CLARIFICATION

 

1.       Each State Party shall have the right to request another State Party for clarification concerning any situation which may be considered ambiguous or which may give rise to doubts about the compliance of that State Party with this Treaty. It shall inform the Executive Committee of such a request. The requested State Party shall duly respond by providing without delay the necessary information and inform the Executive Committee of its reply to the requesting State Party.

 

 

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