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17 The Convention on the Physical Protection of Nuclear Material SUMMARY AND ANALYSIS The Convention on the Physical Protection of Nuclear Material provides for certain levels of physical protection during international transport of nuclear material.It also establishes a general framework for cooperation among states to protect, recover, and return stolen nuclear material. Further, the convention lists certain serious offenses involving nuclear material, which state parties are to make punishable and for which offenders shall be subject to a system of extradition or submission for prosecution. This nuclear material protection convention resulted from a U.S.initiative in 1974,which was subsequently endorsed at the 1975 Non-Proliferation Treaty Review Conference.Two provisions of the United States Nuclear Non-Proliferation Act of 1978 called for the negotiation of such a convention, though negotiation of the convention had already begun in 1977. The convention was adopted at a meeting of government representatives in Vienna on October 26, 1979, and signed by the United States on March 3, 1980. The U.S. Senate provided its advice and consent for ratification on July 30, 1981, by a vote 98 to 0. President Ronald Reagan ratified it on September 4, 1981. Legislation to implement the convention was enacted on October 18, 1982.The United States deposited its instrument of ratification December 13, 1982. The convention entered into force February 8, 1987, in accordance with the provision for entry into force thirty days after the deposit of the instrument of ratification by the twenty-first state, which was Switzerland. CONVENTION ON THE PHYSICAL PROTECTION OF NUCLEAR MATERIAL Signed at NewYork March 3, 1980 Entered into force February 8, 1987 The States Parties to This Convention, Recognizing the right of all States to develop and apply nuclear energy for peaceful purposes and their legitimate interests in the potential benefits to be derived from the peaceful application of nuclear energy, Convinced of the need for facilitating international co-operation in the peaceful application of nuclear energy, Desiring to avert the potential dangers posed by the unlawful taking and use of nuclear material, Convinced that offenses relating to nuclear material are a matter of grave concern and that there is an urgent need to adopt appropriate and effective measures to ensure the prevention, detection and punishment of such offenses, Aware of the Need for international co-operation to establish,in conformity with the national law of each State Party and with this Convention, effective measures for the physical protection of nuclear material, Convinced that this Convention should facilitate the safe transfer of nuclear material, Stressing also the importance of the physical protection of nuclear material in domestic use,storage and transport, Recognizing the importance of effective physical protection of nuclear material used for military purposes, and understanding that such material is and will continue to be accorded stringent physical protection, Have Agreed as follows: Article 1 For the purposes of this Convention: (a)“nuclear material”means plutonium except that with isotopic concentration exceeding 80% in plutonium-238; uranium-233; uranium enriched in the isotopes 235 or 233; uranium containing the mixture of isotopes as occurring in nature other than in the form of ore or oreresidue ; any material containing one or more of the foregoing; (b) “uranium enriched in the isotopes 235 or 233”means uranium containing the isotopes 235 or 233 or both in an amount such that the abundance ratio of the sum of these isotopes to the isotope 238 is greater than the ratio of the isotope 235 to the isotope 238 occurring in nature; (c) “international nuclear transport” means the carriage of a consignment of nuclear material by any means of transportation intended to go beyond the territory of the State where the shipment originates beginning with the departure from a facility of the shipper in that State and ending with the arrival at a facility of the receiver within the State of ultimate destination. Article 2 1.The Convention shall apply to nuclear material used for peaceful purposes while in international nuclear transport. 2.With the exception of articles 3 and 4 and paragraph 3 of article 5, this Convention shall also apply to nuclear material used for peaceful purposes while in domestic use, storage and transport. 3. Apart from the commitments expressly undertaken by States Parties in the articles covered by paragraph 2 with respect to nuclear material used for peaceful purposes while in domestic use, storage and transport, nothing in this Convention shall be interpreted as affecting the sovereign rights of...

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