Nuclear Test Ban Act 2008

Nuclear Test Ban Act 2008 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 2008 Nuclear Test Ban Act 2008 Nuclear Test Ban Act 2008 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Open PDFOscail PDF Print Full ActPriontáil an tAcht Iomlán Number 16 of 2008 NUCLEAR TEST BAN ACT 2008 ARRANGEMENT OF SECTIONS Section 1. Interpretation. 2. Prohibition on nuclear explosions. 3. Designation of National Authority. 4. Service of documents. 5. International inspectors. 6. Observers. 7. Privileges and immunities. 8. Authorised officers. 9. Powers of authorised officer. 10. Powers of Garda Síochána. 11. Provision of information to National Authority or Minister. 12. Prohibition on disclosure of information. 13. False or misleading information. 14. Forfeiture. 15. Prosecution of summary offences. 16. Expenses of Minister. 17. Short title and commencement. SCHEDULE COMPREHENSIVE NUCLEAR-TEST-BAN TREATY Act Referred to Containment of Nuclear Weapons Act 2003 2003, No. 35 Companies Acts Number 16 of 2008 NUCLEAR TEST BAN ACT 2008 AN ACT TO GIVE EFFECT TO THE COMPREHENSIVE NUCLEAR-TEST-BAN TREATY ADOPTED BY THE GENERAL ASSEMBLY OF THE UNITED NATIONS ON 10 SEPTEMBER 1996; AND TO PROVIDE FOR RELATED MATTERS. [16th July, 2008] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: Interpretation. 1.— In this Act— “ authorised officer ” means a person appointed under section 8 ; “inspection team” means an inspection team designated under paragraph 53 of Article IV of the Treaty to carry out an on-site inspection in the State; “ international inspector ” means a member of an inspection team in respect of whom a certificate issued under section 5 is for the time being in force; “ Minister ” means the Minister for the Environment, Heritage and Local Government; “ National Authority ” shall be construed in accordance with section 3 ; “ observer ” means a representative of a State party to the Treaty who, in accordance with paragraph 61 of Article IV of the Treaty, is sent to observe the conduct of an on-site inspection, and in respect of whom a certificate issued under section 6 is for the time being in force; “ on-site inspection ” means an inspection at a place in the State carried out in accordance with the Treaty; “place” includes any means of transport and any building or structure on land, including land covered by water; “Treaty” means the Comprehensive Nuclear-Test-Ban Treaty adopted by the General Assembly of the United Nations on 10 September 1996, the text of which is set out in the Schedule ; “ Treaty’s inspection provisions ” means the provisions of Article IV of, and Part II of the Protocol to, the Treaty. Prohibition on nuclear explosions. 2.— (1) A person who carries out, or causes the carrying out of, a nuclear explosion in the State shall be guilty of an offence. (2) An Irish citizen who carries out, or causes the carrying out of, a nuclear explosion outside the State shall be guilty of an offence. (3) A person who— (a) attempts, or (b) conspires with, or incites, a person, to commit an offence under subsection (1) or (2) shall be guilty of an offence. (4) A person guilty of an offence under this section shall be liable, on conviction on indictment, to— (a) a fine, or (b) imprisonment for life or such lesser term as the court may determine, or both. (5) In this section “nuclear explosion” includes a nuclear weapon test explosion. Designation of National Authority. 3.— The Radiological Protection Institute of Ireland is designated as the National Authority in the State for the purposes of this Act and the Treaty, and “ National Authority ” shall be construed accordingly. Service of documents. 4.— (1) A notice or other document that is required to be served on or given to a person under this Act shall be addressed to the person concerned by name, and may be served on or given to the person in one of the following ways: (a) by delivering it to the person; (b) by leaving it at the address at which the person ordinarily resides or, in a case in which an address for service has been furnished, at that address; or (c) by sending it by post in a prepaid registered letter to the address at which the person ordinarily resides or, in a case in which an address for service has been furnished, to that address. (2) For the purposes of this section, a company within the meaning of the Companies Acts shall be deemed to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body of persons shall be deemed to be ordinarily resident at its principal office or place of business in the State. International inspectors. 5.— (1) The National Authority may issue to any person who is a member of an inspection team a certificate— (a) identifying the person by name and indicating his or her status and authority to conduct or observe an on-site inspection, (b) identifying and describing the site to be inspected by him or her, and (c) setting out such other information and conditions (if any) applicable to his or her inspection activities as the National Authority considers appropriate. (2) An international inspector shall have and may exercise the powers of an authorised officer under this Act, subject to such conditions (if any), applicable to his or her inspection activities as are specified in the certificate issued to him or her under this section. (3) An international inspector may exercise such rights of access, entry and unobstructed inspection at a place that is subject to an on-site inspection as are conferred on him or her by the Treaty’s inspection provisions. (4) An international inspector may perform any act at a place that is subject to an on-site inspection that he or she is entitled to perform in accordance with the Treaty’s inspection provisions. (5) An international inspector, when exercising a power conferred by this Act shall, if requested by a person thereby affected, produce a certificate issued to him or her under this section to that person for inspection. Observers. 6.— (1) The National Authority may issue to any person who is an observer a certificate— (a) identifying the person by name and indicating his or her status and authority to observe an on-site inspection, (b) identifying and describing the site at which he or she will act as an observer, and (c) setting out such other information and conditions (if any) applicable to his or her observation activities as the National Authority considers appropriate. (2) An observer may exercise such rights of access and entry to a place that is subject to an on-site inspection as are conferred on him or her by the Treaty’s inspection provisions. (3) An observer, when exercising a power conferred on him or her by this Act, shall, if requested by a person thereby affected, produce a certificate issued to him or her under this section to that person for inspection. Privileges and immunities. 7.— The members of an inspection team and observers shall have and enjoy all such privileges and immunities as are conferred on them by paragraphs 26, 27, 28, 29, 30 and 31 of Part II of the Protocol to the Treaty, subject to such conditions as are specified in those paragraphs. Authorised officers. 8.— (1) The Minister shall appoint such and so many persons, as he or she considers appropriate, to be authorised officers for the purposes of this Act. (2) The National Authority shall appoint such and so many persons, as it considers appropriate, to be authorised officers for the purposes of this Act. (3) A person appointed to be an authorised officer under this section shall, on his or her appointment, be furnished— (a) in the case of a person appointed under subsection (1), by the Minister, and (b) in the case of a person appointed under subsection (2), by the National Authority, with a warrant of his or her appointment, and when exercising a power conferred by this Act shall, if requested by any person thereby affected, produce such warrant to that person for inspection. (4) The Minister may revoke the appointment of an authorised officer made by him or her under this section. (5) The National Authority may revoke the appointment of an authorised officer made by it under this section. Powers of authorised officer. 9.— (1) For the purposes of this Act and the Treaty, an authorised officer may— (a) subject to subsection (4), enter (if necessary by the use of reasonable force), at all reasonable times, any place at which— (i) he or she has reasonable grounds for believing that information or documentation to which a notice under section 11 applies, or books, records or other documents (including documents stored in non-legible form) relating to matters to which this Act applies, are kept, (ii) he or she has reasonable grounds for believing that an offence under this Act is being or has been committed, or (iii) an on-site investigation is being conducted, (b) at such place inspect and take copies of, any books, records, other documents (including documents stored in non-legible form) or extracts therefrom, which he or she finds in the course of his or her inspection, (c) remove any such books, records or documents from such place and retain them for such period as he or she reasonably considers to be necessary for the purposes of his or her functions under this Act, (d) inspect and take copies of or extracts from any electronic information system kept at the place and remove and retain any equipment used in such system, including but not limited to computers, hard drives and portable storage media for such period as he or she reasonably considers to be necessary for the purposes of his or her functions under this Act, (e) carry out, or cause to be carried out, such examinations, tests, inspections and checks of— (i) the place, (ii) any container, product, article or substance, found at the place, or (iii) any equipment, machinery or plant found at the place, as he or she reasonably considers to be necessary for the purposes of his or her functions under this Act, (f) require any person at the place or the owner or person in charge of the place and any person employed there to give to him or her such assistance and information and to produce to him or her such books, documents or other records (and in the case of documents or records stored in non-legible form, produce to him or her a legible reproduction thereof) that are in that person’s power or procurement, as he or she may reasonably require for the purposes of his or her functions under this Act, (g) take samples of any product, article or substance found at the place for the purposes of analysis and examination, (h) direct that such containers, products, articles or substances found at the place as he or she, upon reasonable grounds, believes are being used for the purposes of contravening a provision of this Act, not be sold or distributed or moved from the place, without his or her consent, (i) secure for later inspection any place or part of any place for such period as may reasonably be necessary for the purposes of his or her functions under this Act, (j) take possession of and remove from the place for examination and analysis any container, product, article or substance found there and retain it for such period as he or she considers reasonably necessary for the purposes of his or her functions under this Act, (k) take, or cause to be taken, photographs of the place or of any thing found at the place, (l) install, use and maintain at the premises such monitoring instruments, systems and seals as are necessary or expedient for the purposes of ensuring compliance with this Act or the Treaty or the prevention of an offence under this Act, (m) require any person at the place or the owner or person in charge of the place or any person employed there to supply without payment samples of any product or any article or substance used in the manufacture of a product found at the place for test, examination or analysis, (n) dismantle or subject to any process or test any product, or any article or substance used in the manufacture of any product, found at the place, (o) take possession of any container, product, article or substance found at the place and retain it for such period as is necessary to— (i) enable its examination, (ii) ensure that it is not tampered with before the examination is complete, or (iii) ensure that it is available to be adduced as evidence in any proceedings, (p) require any person at the place or the owner or person in charge of the place and any person employed therein to afford the authorised officer such facilities within the person’s power as he or she may require for the purposes of his or her functions under this Act. (2) Before exercising the power conferred by subsection (1)(j) in the case of any container, product, article or substance, an authorised officer shall, so far as is reasonably practicable, consult such persons as appear to him or her to be appropriate for the purposes of ascertaining what danger, if any, there may be in doing anything that he or she proposes to do under that power. (3) When performing a function under this Act, an authorised officer may, subject to any warrant under subsection (5), be accompanied by such number of authorised officers or members of the Garda Síochána as he or she considers appropriate. (4) Subject to subsection (10), an authorised officer shall not enter a dwelling, other than— (a) with the consent of the occupier, or (b) in accordance with a warrant issued under subsection (5). (5) Upon the application of an authorised officer, a judge of the District Court may, if satisfied that there are reasonable grounds for believing that— (a) information or documentation to which a notice under section 11 applies, or books, records or other documents (including documents stored in non-legible form) relating to matters to which this Act applies are to be found, (b) evidence of the commission of an offence under this Act is to be found, or (c) a product, article or substance that an authorised officer requires to inspect for the purposes of this Act is to be found, at the dwelling to which the application relates, issue a warrant authorising a named authorised officer accompanied by such other authorised officers or members of the Garda Síochána as may be necessary, at any time or times, within one month of the date of issue of the warrant, to enter the dwelling (if necessary by the use of reasonable force) and perform the functions of an authorised officer under paragraphs (b), (c), (d), (e), (f), (g), (h), (i), (j), (k), (l), (m), (n), (o) and (p) of subsection (1). (6) Where an authorised officer, upon reasonable grounds, believes that a person has committed an offence under this Act, he or she may require that person to provide him or her with his or her name and the address at which he or she ordinarily resides. (7) A person who falsely represents himself or herself to be an authorised officer shall be guilty of an offence. (8) Any person who obstructs or interferes with an authorised officer or a member of the Garda Síochána in the course of exercising a power conferred on him or her by this Act or a warrant under subsection (5) or impedes the exercise by the officer or member, as the case may be, of such power or fails or refuses to comply with a request or requirement of, or to answer a question asked by, the officer or member pursuant to this section, or in purported compliance with such request or requirement or in answer to such question gives information to the officer or member that he or she knows to be false or misleading in any material respect, shall be guilty of an offence and is liable on summary conviction to a fine not exceeding €5,000 or to imprisonment for a term not exceeding 6 months, or both. (9) A statement or admission made by a person pursuant to a requirement under subsection (1)(f) shall not be admissible as evidence in proceedings brought against that person for an offence (other than an offence under subsection (8)). (10) A warrant under subsection (5) shall not be required for the exercise by an authorised officer of any power under this section if, by reason of exigent circumstances, it would not be practicable for the authorised officer to apply for and obtain such a warrant. (11) In this section “record” includes, in addition to a record in writing— (a) a disc, tape, sound-track or other device in which information, sounds or signals are embodied so as to be capable (with or without the aid of some other instrument) of being reproduced in legible or audible form, (b) a film, tape or other device in which visual images are embodied so as to be capable (with or without the aid of some other instrument) of being reproduced in visual form, and (c) a photograph, and any reference to a copy of a record includes— (i) in the case of a record to which paragraph (a) applies, a transcript of the sounds or signals embodied therein, (ii) in the case of a record to which paragraph (b) applies, a still reproduction of the images embodied therein, and (iii) in the case of a record to which paragraphs (a) and (b) apply, such a transcript and such a still reproduction. Powers of Garda Síochána. 10.— Where a member of the Garda Síochána suspects, on reasonable grounds, that an offence under this Act has been or is being committed at any place or by any person, the member shall have and may exercise in relation to that place or person, in addition to any powers that he or she may have by virtue of being a member of the Garda Síochána, the powers of an authorised officer under this Act. Provision of information to National Authority or Minister. 11.— (1) The National Authority may, by notice in writing, require any person whom it has reason to believe has information or documents relevant to the enforcement of this Act to provide the information or documents concerned to the National Authority within such period as may be specified in the notice. (2) The Minister may, by notice in writing, require any person whom he or she has reason to believe has information or documents relevant to the enforcement of this Act to provide the information or documents concerned to him or her within such period as may be specified in the notice. (3) A person who fails to comply with a requirement under subsection (1) or (2) shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding €5,000 or imprisonment for a term not exceeding 6 months or both. Prohibition on disclosure of information. 12.— (1) A person in possession of information or a document obtained under this Act shall not, without the consent of the person from whom it was obtained, disclose it, or cause it to be disclosed, to any other person, except— (a) for the purpose of ensuring compliance with this Act or giving effect to the Treaty, (b) for the purpose of complying with an obligation of the State under the Treaty, or (c) to the extent that its disclosure is necessary for the purposes of an emergency involving public safety. (2) Notwithstanding any other enactment or rule of law, a person shall not be required to— (a) disclose information or a document obtained under this Act except for the purposes of proceedings under this Act, or (b) produce to a court, or give evidence relating to, any such information or document in any proceedings (civil or criminal) unless the proceedings are brought under this Act. (3) A person who contravenes subsection (1) shall be guilty of an offence and shall be liable— (a) on summary conviction, to a fine not exceeding €5,000 or imprisonment for a term not exceeding 6 months or both, or (b) on conviction on indictment, to a fine not exceeding €50,000 or imprisonment for a term not exceeding 2 years or both. False or misleading information. 13.— A person who knowingly or recklessly makes a statement to— (a) the National Authority, the Minister or an authorised officer performing functions under this Act, or (b) an international inspector exercising powers under section 5 or 9 , that is false or misleading in a material respect shall be guilty of an offence and shall be liable— (i) on summary conviction, to a fine not exceeding €5,000 or imprisonment for a term not exceeding 6 months or both, or (ii) on conviction on indictment, to a fine not exceeding €50,000 or imprisonment for a term not exceeding 2 years or both. Forfeiture. 14.— Where a person is convicted of an offence under section 2 , anything used for the purposes of, or in connection with, the commission of the offence shall be forfeited to the State and, subject to the Containment of Nuclear Weapons Act 2003 , disposed of in such manner as the National Authority directs. Prosecution of summary offences. 15.— Summary proceedings for an offence under this Act may be brought and prosecuted by the National Authority or the Minister. Expenses of Minister. 16.— The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas. Short title and commencement. 17.— (1) This Act may be cited as the Nuclear Test Ban Act 2008. (2) This Act shall come into operation on such day or days as the Minister may, by order or orders, appoint either generally or with reference to any particular purpose or provision, and different days may be so appointed for different purposes or different provisions. SCHEDULE COMPREHENSIVE NUCLEAR-TEST-BAN TREATY Section 1 . PREAMBLE The States Parties to this Treaty (hereinafter referred to as “the States Parties”), Welcoming the international agreements and other positive measures of recent years in the field of nuclear disarmament, including reductions in arsenals of nuclear weapons, as well as in the field of the prevention of nuclear proliferation in all its aspects, Underlining the importance of the full and prompt implementation of such agreements and measures, Convinced that the present international situation provides an opportunity to take further effective measures towards nuclear disarmament and against the proliferation of nuclear weapons in all its aspects, and declaring their intention to take such measures, Stressing therefore the need for continued systematic and progressive efforts to reduce nuclear weapons globally, with the ultimate goal of eliminating those weapons, and of general and complete disarmament under strict and effective international control, Recognizing that the cessation of all nuclear weapon test explosions and all other nuclear explosions, by constraining the development and qualitative improvement of nuclear weapons and ending the development of advanced new types of nuclear weapons, constitutes an effective measure of nuclear disarmament and non-proliferation in all its aspects, Further recognizing that an end to all such nuclear explosions will thus constitute a meaningful step in the realization of a systematic process to achieve nuclear disarmament, Convinced that the most effective way to achieve an end to nuclear testing is through the conclusion of a universal and internationally and effectively verifiable comprehensive nuclear test-ban treaty, which has long been one of the highest priority objectives of the international community in the field of disarmament and non-proliferation, Noting the aspirations expressed by the Parties to the 1963 Treaty Banning Nuclear Weapon Tests in the Atmosphere, in Outer Space and Under Water to seek to achieve the discontinuance of all test explosions of nuclear weapons for all time, Noting also the views expressed that this Treaty could contribute to the protection of the environment, Affirming the purpose of attracting the adherence of all States to this Treaty and its objective to contribute effectively to the prevention of the proliferation of nuclear weapons in all its aspects, to the process of nuclear disarmament and therefore to the enhancement of international peace and security, Have agreed as follows: ARTICLE I BASIC OBLIGATIONS 1. Each State Party undertakes not to carry out any nuclear weapon test explosion or any other nuclear explosion, and to prohibit and prevent any such nuclear explosion at any place under its jurisdiction or control. 2. Each State Party undertakes, furthermore, to refrain from causing, encouraging, or in any way participating in the carrying out of any nuclear weapon test explosion or any other nuclear explosion. ARTICLE II THE ORGANIZATION A. GENERAL PROVISIONS 1. The States Parties hereby establish the Comprehensive Nuclear Test-Ban Treaty Organization (hereinafter referred to as “the Organization”) to achieve the object and purpose of this Treaty, to ensure the implementation of its provisions, including those for international verification of compliance with it, and to provide a forum for consultation and cooperation among States Parties. 2. All States Parties shall be members of the Organization. A State Party shall not be deprived of its membership in the Organization. 3. The seat of the Organization shall be Vienna, Republic of Austria. 4. There are hereby established as organs of the Organization: the Conference of the States Parties, the Executive Council and the Technical Secretariat, which shall include the International Data Centre. 5. Each State Party shall cooperate with the Organization in the exercise of its functions in accordance with this Treaty. States Parties shall consult, directly among themselves, or through the Organization or other appropriate international procedures, including procedures within the framework of the United Nations and in accordance with its Charter, on any matter which may be raised relating to the object and purpose, or the implementation of the provisions, of this Treaty. 6. The Organization shall conduct its verification activities provided for under this Treaty in the least intrusive manner possible consistent with the timely and efficient accomplishment of their objectives. It shall request only the information and data necessary to fulfil its responsibilities under this Treaty. It shall take every precaution to protect the confidentiality of information on civil and military activities and facilities coming to its knowledge in the implementation of this Treaty and, in particular, shall abide by the confidentiality provisions set forth in this Treaty. 7. Each State Party shall treat as confidential and afford special handling to information and data that it receives in confidence from the Organization in connection with the implementation of this Treaty. It shall treat such information and data exclusively in connection with its rights and obligations under this Treaty. 8. The Organization, as an independent body, shall seek to utilize existing expertise and facilities, as appropriate, and to maximize cost efficiencies, through cooperative arrangements with other international organizations such as the International Atomic Energy Agency. Such arrangements, excluding those of a minor and normal commercial and contractual nature, shall be set out in agreements to be submitted to the Conference of the States Parties for approval. 9. The costs of the activities of the Organization shall be met annually by the States Parties in accordance with the United Nations scale of assessments adjusted to take into account differences in membership between the United Nations and the Organization. 10. Financial contributions of States Parties to the Preparatory Commission shall be deducted in an appropriate way from their contributions to the regular budget. 11. A member of the Organization which is in arrears in the payment of its assessed contribution to the Organization shall have no vote in the Organization if the amount of its arrears equals or exceeds the amount of the contribution due from it for the preceding two full years. The Conference of the States Parties may, nevertheless, permit such a member to vote if it is satisfied that the failure to pay is due to conditions beyond the control of the member. B. THE CONFERENCE OF THE STATES PARTIES Composition, Procedures and Decision-making 12. The Conference of the States Parties (hereinafter referred to as “the Conference”) shall be composed of all States Parties. Each State Party shall have one representative in the Conference, who may be accompanied by alternates and advisers. 13. The initial session of the Conference shall be convened by the Depositary no later than 30 days after the entry into force of this Treaty. 14. The Conference shall meet in regular sessions, which shall be held annually, unless it decides otherwise. 15. A special session of the Conference shall be convened: (a) When decided by the Conference; (b) When requested by the Executive Council; or (c) When requested by any State Party and supported by a majority of the States Parties. The special session shall be convened no later than 30 days after the decision of the Conference, the request of the Executive Council, or the attainment of the necessary support, unless specified otherwise in the decision or request. 16. The Conference may also be convened in the form of an Amendment Conference, in accordance with Article VII. 17. The Conference may also be convened in the form of a Review Conference, in accordance with Article VIII. 18. Sessions shall take place at the seat of the Organization unless the Conference decides otherwise. 19. The Conference shall adopt its rules of procedure. At the beginning of each session, it shall elect its President and such other officers as may be required. They shall hold office until a new President and other officers are elected at the next session. 20. A majority of the States Parties shall constitute a quorum. 21. Each State Party shall have one vote. 22. The Conference shall take decisions on matters of procedure by a majority of members present and voting. Decisions on matters of substance shall be taken as far as possible by consensus. If consensus is not attainable when an issue comes up for decision, the President of the Conference shall defer any vote for 24 hours and during this period of deferment shall make every effort to facilitate achievement of consensus, and shall report to the Conference before the end of this period. If consensus is not possible at the end of 24 hours, the Conference shall take a decision by a two-thirds majority of members present and voting unless specified otherwise in this Treaty. When the issue arises as to whether the question is one of substance or not, that question shall be treated as a matter of substance unless otherwise decided by the majority required for decisions on matters of substance. 23. When exercising its function under paragraph 26(k), the Conference shall take a decision to add any State to the list of States contained in Annex 1 to this Treaty in accordance with the procedure for decisions on matters of substance set out in paragraph 22. Notwithstanding paragraph 22, the Conference shall take decisions on any other change to Annex 1 to this Treaty by consensus. Powers and Functions 24. The Conference shall be the principal organ of the Organization. It shall consider any questions, matters or issues within the scope of this Treaty, including those relating to the powers and functions of the Executive Council and the Technical Secretariat, in accordance with this Treaty. It may make recommendations and take decisions on any questions, matters or issues within the scope of this Treaty raised by a State Party or brought to its attention by the Executive Council. 25. The Conference shall oversee the implementation of, and review compliance with, this Treaty and act in order to promote its object and purpose. It shall also oversee the activities of the Executive Council and the Technical Secretariat and may issue guidelines to either of them for the exercise of their functions. 26. The Conference shall: (a) Consider and adopt the report of the Organization on the implementation of this Treaty and the annual programme and budget of the Organization, submitted by the Executive Council, as well as consider other reports; (b) Decide on the scale of financial contributions to be paid by States Parties in accordance with paragraph 9; (c) Elect the members of the Executive Council; (d) Appoint the Director-General of the Technical Secretariat (hereinafter referred to as “the Director-General”); (e) Consider and approve the rules of procedure of the Executive Council submitted by the latter; (f) Consider and review scientific and technological developments that could affect the operation of this Treaty. In this context, the Conference may direct the Director-General to establish a Scientific Advisory Board to enable him or her, in the performance of his or her functions, to render specialized advice in areas of science and technology relevant to this Treaty to the Conference, to the Executive Council, or to States Parties. In that case, the Scientific Advisory Board shall be composed of independent experts serving in their individual capacity and appointed, in accordance with terms of reference adopted by the Conference, on the basis of their expertise and experience in the particular scientific fields relevant to the implementation of this Treaty; (g) Take the necessary measures to ensure compliance with this Treaty and to redress and remedy any situation that contravenes the provisions of this Treaty, in accordance with Article V; (h) Consider and approve at its initial session any draft agreements, arrangements, provisions, procedures, operational manuals, guidelines and any other documents developed and recommended by the Preparatory Commission; (i) Consider and approve agreements or arrangements negotiated by the Technical Secretariat with States Parties, other States and international organizations to be concluded by the Executive Council on behalf of the Organization in accordance with paragraph 38(h); (j) Establish such subsidiary organs as it finds necessary for the exercise of its functions in accordance with this Treaty; and (k) Update Annex 1 to this Treaty, as appropriate, in accordance with paragraph 23. C. THE EXECUTIVE COUNCIL Composition, Procedures and Decision-making 27. The Executive Council shall consist of 51 members. Each State Party shall have the right, in accordance with the provisions of this Article, to serve on the Executive Council. 28. Taking into account the need for equitable geographical distribution, the Executive Council shall comprise: (a) Ten States Parties from Africa; (b) Seven States Parties from Eastern Europe; (c) Nine States Parties from Latin America and the Caribbean; (d) Seven States Parties from the Middle East and South Asia; (e) Ten States Parties from North America and Western Europe; and (f) Eight States Parties from South-East Asia, the Pacific and the Far East. 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 appropriate, by the Conference in accordance with paragraphs 23 and 26(k). It shall not be subject to amendments or changes under the procedures contained in Article VII. 29. The members of the Executive Council shall be elected by the Conference. In this connection, each geographical region shall designate States Parties from that region for election as members of the Executive Council as follows: (a) At least one-third of the seats allocated to each geographical region shall be filled, taking into account political and security interests, by States Parties in that region designated on the basis of the nuclear capabilities relevant to the Treaty as determined by international data as well as all or any of the following indicative criteria in the order of priority determined by each region: (i) Number of monitoring facilities of the International Monitoring System; (ii) Expertise and experience in monitoring technology; and (iii) Contribution to the annual budget of the Organization; (b) One of the seats allocated to each geographical region shall be filled on a rotational basis by the State Party that is first in the English alphabetical order among the States Parties in that region that have not served as members of the Executive Council for the longest period of time since becoming States Parties or since their last term, whichever is shorter. A State Party designated on this basis may decide to forgo its seat. In that case, such a State Party shall submit a letter of renunciation to the Director-General, and the seat shall be filled by the State Party following next-in-order according to this sub-paragraph; and (c) The remaining seats allocated to each geographical region shall be filled by States Parties designated from among all the States Parties in that region by rotation or elections. 30. Each member of the Executive Council shall have one representative on the Executive Council, who may be accompanied by alternates and advisers. 31. Each member of the Executive Council shall hold office from the end of the session of the Conference at which that member is elected until the end of the second regular annual session of the Conference thereafter, except that for the first election of the Executive Council, 26 members shall be elected to hold office until the end of the third regular annual session of the Conference, due regard being paid to the established numerical proportions as described in paragraph 28. 32. The Executive Council shall elaborate its rules of procedure and submit them to the Conference for approval. 33. The Executive Council shall elect its Chairman from among its members. 34. The Executive Council shall meet for regular sessions. Between regular sessions it shall meet as may be required for the fulfilment of its powers and functions. 35. Each member of the Executive Council shall have one vote. 36. The Executive Council shall take decisions on matters of procedure by a majority of all its members. The Executive Council shall take decisions on matters of substance by a two-thirds majority of all its members unless specified otherwise in this Treaty. When the issue arises as to whether the question is one of substance or not, that question shall be treated as a matter of substance unless otherwise decided by the majority required for decisions on matters of substance. Powers and Functions 37. The Executive Council shall be the executive organ of the Organization. It shall be responsible to the Conference. It shall carry out the powers and functions entrusted to it in accordance with this Treaty. In so doing, it shall act in conformity with the recommendations, decisions and guidelines of the Conference and ensure their continuous and proper implementation. 38. The Executive Council shall: (a) Promote effective implementation of, and compliance with, this Treaty; (b) Supervise the activities of the Technical Secretariat; (c) Make recommendations as necessary to the Conference for consideration of further proposals for promoting the object and purpose of this Treaty; (d) Cooperate with the National Authority of each State Party; (e) Consider and submit to the Conference the draft annual programme and budget of the Organization, the draft report of the Organization on the implementation of this Treaty, the report on the performance of its own activities and such other reports as it deems necessary or that the Conference may request; (f) Make arrangements for the sessions of the Conference, including the preparation of the draft agenda; (g) Examine proposals for changes, on matters of an administrative or technical nature, to the Protocol or the Annexes thereto, pursuant to Article VII, and make recommendations to the States Parties regarding their adoption; (h) Conclude, subject to prior approval of the Conference, agreements or arrangements with States Parties, other States and international organizations on behalf of the Organization and supervise their implementation, with the exception of agreements or arrangements referred to in sub-paragraph (i); (i) Approve and supervise the operation of agreements or arrangements relating to the implementation of verification activities with States Parties and other States; and (j) Approve any new operational manuals and any changes to the existing operational manuals that may be proposed by the Technical Secretariat. 39. The Executive Council may request a special session of the Conference. 40. The Executive Council shall: (a) Facilitate cooperation among States Parties, and between States Parties and the Technical Secretariat, relating to the implementation of this Treaty through information exchanges; (b) Facilitate consultation and clarification among States Parties in accordance with Article IV; and (c) Receive, consider and take action on requests for, and reports on, on-site inspections in accordance with Article IV. 41. The Executive Council shall consider any concern raised by a State Party about possible non-compliance with this Treaty and abuse of the rights established by this Treaty. In so doing, the Executive Council shall consult with the States Parties involved and, as appropriate, request a State Party to take measures to redress the situation within a specified time. To the extent that the Executive Council considers further action to be necessary, it shall take, inter alia, one or more of the following measures: (a) Notify all States Parties of the issue or matter; (b) Bring the issue or matter to the attention of the Conference; (c) Make recommendations to the Conference or take action, as appropriate, regarding measures to redress the situation and to ensure compliance in accordance with Article V. D. THE TECHNICAL SECRETARIAT 42. The Technical Secretariat shall assist States Parties in the implementation of this Treaty. The Technical Secretariat shall assist the Conference and the Executive Council in the performance of their functions. The Technical Secretariat shall carry out the verification and other functions entrusted to it by this Treaty, as well as those functions delegated to it by the Conference or the Executive Council in accordance with this Treaty. The Technical Secretariat shall include, as an integral part, the International Data Centre. 43. The functions of the Technical Secretariat with regard to verification of compliance with this Treaty shall, in accordance with Article IV and the Protocol, include inter alia: (a) Being responsible for supervising and coordinating the operation of the International Monitoring System; (b) Operating the International Data Centre; (c) Routinely receiving, processing, analysing and reporting on International Monitoring System data; (d) Providing technical assistance in, and support for, the installation and operation of monitoring stations; (e) Assisting the Executive Council in facilitating consultation and clarification among States Parties; (f) Receiving requests for on-site inspections and processing them, facilitating Executive Council consideration of such requests, carrying out the preparations for, and providing technical support during, the conduct of on-site inspections, and reporting to the Executive Council; (g) Negotiating agreements or arrangements with States Parties, other States and international organizations and concluding, subject to prior approval by the Executive Council, any such agreements or arrangements relating to verification activities with States Parties or other States; and (h) Assisting the States Parties through their National Authorities on other issues of verification under this Treaty. 44. The Technical Secretariat shall develop and maintain, subject to approval by the Executive Council, operational manuals to guide the operation of the various components of the verification regime, in accordance with Article IV and the Protocol. These manuals shall not constitute integral parts of this Treaty or the Protocol and may be changed by the Technical Secretariat subject to approval by the Executive Council. The Technical Secretariat shall promptly inform the States Parties of any changes in the operational manuals. 45. The functions of the Technical Secretariat with respect to administrative matters shall include: (a) Preparing and submitting to the Executive Council the draft programme and budget of the Organization; (b) Preparing and submitting to the Executive Council the draft report of the Organization on the implementation of this Treaty and such other reports as the Conference or the Executive Council may request; (c) Providing administrative and technical support to the Conference, the Executive Council and other subsidiary organs; (d) Addressing and receiving communications on behalf of the Organization relating to the implementation of this Treaty; and (e) Carrying out the administrative responsibilities related to any agreements between the Organization and other international organizations. 46. All requests and notifications by States Parties to the Organization shall be transmitted through their National Authorities to the Director-General. Requests and notifications shall be in one of the official languages of this Treaty. In response the Director-General shall use the language of the transmitted request or notification. 47. With respect to the responsibilities of the Technical Secretariat for preparing and submitting to the Executive Council the draft programme and budget of the Organization, the Technical Secretariat shall determine and maintain a clear accounting of all costs for each facility established as part of the International Monitoring System. Similar treatment in the draft programme and budget shall be accorded to all other activities of the Organization. 48. The Technical Secretariat shall promptly inform the Executive Council of any problems that have arisen with regard to the discharge of its functions that have come to its notice in the performance of its activities and that it has been unable to resolve through consultations with the State Party concerned. 49. The Technical Secretariat shall comprise a Director-General, who shall be its head and chief administrative officer, and such scientific, technical and other personnel as may be required. The Director-General shall be appointed by the Conference upon the recommendation of the Executive Council for a term of four years, renewable for one further term, but not thereafter. The first Director-General shall be appointed by the Conference at its initial session upon the recommendation of the Preparatory Commission. 50. The Director-General shall be responsible to the Conference and the Executive Council for the appointment of the staff and for the organization and functioning of the Technical Secretariat. The paramount consideration in the employment of the staff and in the determination of the conditions of service shall be the necessity of securing the highest standards of professional expertise, experience, efficiency, competence and integrity. Only citizens of States Parties shall serve as the Director-General, as inspectors or as members of the professional and clerical staff. Due regard shall be paid to the importance of recruiting the staff on as wide a geographical basis as possible. Recruitment shall be guided by the principle that the staff shall be kept to the minimum necessary for the proper discharge of the responsibilities of the Technical Secretariat. 51. The Director-General may, as appropriate, after consultation with the Executive Council, establish temporary working groups of scientific experts to provide recommendations on specific issues. 52. In the performance of their duties, the Director-General, the inspectors, the inspection assistants and the members of the staff shall not seek or receive instructions from any Government or from any other source external to the Organization. They shall refrain from any action that might reflect adversely on their positions as international officers responsible only to the Organization. The Director-General shall assume responsibility for the activities of an inspection team. 53. Each State Party shall respect the exclusively international character of the responsibilities of the Director-General, the inspectors, the inspection assistants and the members of the staff and shall not seek to influence them in the discharge of their responsibilities. E. PRIVILEGES AND IMMUNITIES 54. The Organization shall enjoy on the territory and in any other place under the jurisdiction or control of a State Party such legal capacity and such privileges and immunities as are necessary for the exercise of its functions. 55. Delegates of States Parties, together with their alternates and advisers, representatives of members elected to the Executive Council, together with their alternates and advisers, the Director-General, the inspectors, the inspection assistants and the members of the staff of the Organization shall enjoy such privileges and immunities as are necessary in the independent exercise of their functions in connection with the Organization. 56. The legal capacity, privileges and immunities referred to in this Article shall be defined in agreements between the Organization and the States Parties as well as in an agreement between the Organization and the State in which the Organization is seated. Such agreements shall be considered and approved in accordance with paragraph 26(h) and (i). 57. Notwithstanding paragraphs 54 and 55, the privileges and immunities enjoyed by the Director-General, the inspectors, the inspection assistants and the members of the staff of the Technical Secretariat during the conduct of verification activities shall be those set forth in the Protocol. ARTICLE III NATIONAL IMPLEMENTATION MEASURES 1. Each State Party shall, in accordance with its constitutional processes, take any necessary measures to implement its obligations under this Treaty. In particular, it shall take any necessary measures: (a) To prohibit natural and legal persons anywhere on its territory or in any other place under its jurisdiction as recognized by international law from undertaking any activity prohibited to a State Party under this Treaty; (b) To prohibit natural and legal persons from undertaking any such activity anywhere under its control; and (c) To prohibit, in conformity with international law, natural persons possessing its nationality from undertaking any such activity anywhere. 2. Each State Party shall cooperate with other States Parties and afford the appropriate form of legal assistance to facilitate the implementation of the obligations under paragraph 1. 3. Each State Party shall inform the Organization of the measures taken pursuant to this Article. 4. In order to fulfil its obligations under the Treaty, each State Party shall designate or set up a National Authority and shall so inform the Organization upon entry into force of the Treaty for it. The National Authority shall serve as the national focal point for liaison with the Organization and with other States Parties. ARTICLE IV VERIFICATION A. GENERAL PROVISIONS 1. In order to verify compliance with this Treaty, a verification regime shall be established consisting of the following elements: (a) An International Monitoring System; (b) Consultation and clarification; (c) On-site inspections; and (d) Confidence-building measures. At entry into force of this Treaty, the verification regime shall be capable of meeting the verification requirements of this Treaty. 2. Verification activities shall be based on objective information, shall be limited to the subject matter of this Treaty, and shall be carried out on the basis of full respect for the sovereignty of States Parties and in the least intrusive manner possible consistent with the effective and timely accomplishment of their objectives. Each State Party shall refrain from any abuse of the right of verification. 3. Each State Party undertakes in accordance with this Treaty to cooperate, through its National Authority established pursuant to Article III, paragraph 4, with the Organization and with other States Parties to facilitate the verification of compliance with this Treaty by, inter alia: (a) Establishing the necessary facilities to participate in these verification measures and establishing the necessary communication; (b) Providing data obtained from national stations that are part of the International Monitoring System; (c) Participating, as appropriate, in a consultation and clarification process; (d) Permitting the conduct of on-site inspections; and (e) Participating, as appropriate, in confidence-building measures. 4. All States Parties, irrespective of their technical and financial capabilities, shall enjoy the equal right of verification and assume the equal obligation to accept verification. 5. For the purposes of this Treaty, no State Party shall be precluded from using information obtained by national technical means of verification in a manner consistent with generally recognized principles of international law, including that of respect for the sovereignty of States. 6. Without prejudice to the right of States Parties to protect sensitive installations, activities or locations not related to this Treaty, States Parties shall not interfere with elements of the verification regime of this Treaty or with national technical means of verification operating in accordance with paragraph 5. 7. Each State Party shall have the right to take measures to protect sensitive installations and to prevent disclosure of confidential information and data not related to this Treaty. 8. Moreover, all necessary measures shall be taken to protect the confidentiality of any information related to civil and military activities and facilities obtained during verification activities. 9. Subject to paragraph 8, information obtained by the Organization through the verification regime established by this Treaty shall be made available to all States Parties in accordance with the relevant provisions of this Treaty and the Protocol. 10. The provisions of this Treaty shall not be interpreted as restricting the international exchange of data for scientific purposes. 11. Each State Party undertakes to cooperate with the Organization and with other States Parties in the improvement of the verification regime, and in the examination of the verification potential of additional monitoring technologies such as electromagnetic pulse monitoring or satellite monitoring, with a view to developing, when appropriate, specific measures to enhance the efficient and cost-effective verification of this Treaty. Such measures shall, when agreed, 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 operational manuals in accordance with Article II, paragraph 44. 12. The States Parties undertake to promote cooperation among themselves to facilitate and participate in the fullest possible exchange relating to technologies used in the verification of this Treaty in order to enable all States Parties to strengthen their national implementation of verification measures and to benefit from the application of such technologies for peaceful purposes. 13. The provisions of this Treaty shall be implemented in a manner which avoids hampering the economic and technological development of the States Parties for further development of the application of atomic energy for peaceful purposes. Verification Responsibilities of the Technical Secretariat 14. In discharging its responsibilities in the area of verification specified in this Treaty and the Protocol, in cooperation with the States Parties the Technical Secretariat shall, for the purpose of this Treaty: (a) Make arrangements to receive and distribute data and reporting products relevant to the verification of this Treaty in accordance with its provisions, and to maintain a global communications infrastructure appropriate to this task; (b) Routinely through its International Data Centre, which shall in principle be the focal point within the Technical Secretariat for data storage and data processing: (i) Receive and initiate requests for data from the International Monitoring System; (ii) Receive data, as appropriate, resulting from the process of consultation and clarification, from on-site inspections, and from confidence-building measures; and (iii) Receive other relevant data from States Parties and international organizations in accordance with this Treaty and the Protocol; (c) Supervise, coordinate and ensure the operation of the International Monitoring System and its component elements, and of the International Data Centre, in accordance with the relevant operational manuals; (d) Routinely process, analyse and report on International Monitoring System data according to agreed procedures so as to permit the effective international verification of this Treaty and to contribute to the early resolution of compliance concerns; (e) Make available all data, both raw and processed, and any reporting products, to all States Parties, each State Party taking responsibility for the use of International Monitoring System data in accordance with Article II, paragraph 7, and with paragraphs 8 and 13 of this Article; (f) Provide to all States Parties equal, open, convenient and timely access to all stored data; (g) Store all data, both raw and processed, and reporting products; (h) Coordinate and facilitate requests for additional data from the International Monitoring System; (i) Coordinate requests for additional data from one State Party to another State Party; (j) Provide technical assistance in, and support for, the installation and operation of monitoring facilities and respective communication means, where such assistance and support are required by the State concerned; (k) Make available to any State Party, upon its request, techniques utilized by the Technical Secretariat and its International Data Centre in compiling, storing, processing, an …