Treaty on the Southeast Asia Nuclear Weapon-Free Zone

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UNOFFICIAL TEXT · CENTRE FOR INTERNATIONAL LAW· www.cil.nus.edu.sg
1995 TREATY ON THE S OUTHEAST ASIA NUCLEA R WEAPON-FREE
ZONE

Signed by the Heads of State/Government at the 5 th ASEAN Summit
in Bangkok , Thailand on 15 December 1995
[
https://www.aseansec.org/3636.htm ]

Article 1 USE OF TERM …………………………………………………………………………………………… 3
Article 2 APPLICATION OF THE TREATY ………………………………………………………………….. 4
Article 3 BASIC UNDERTAKINGS …………………………………………………………………………….. 4
Article 4 USE OF NUCLEAR ENERGY FOR PEACEFUL PURPOSES …………………………… 5
Article 5 IAEA SAFEGUARDS …………………………………………………………………………………… 5
Article 6 EARLY NOTIFICATION OF A NUCLEAR ACCIDENT ……………………………………… 6
Article 7 FOREIGN SHIPS AND AIRCRAFT ……………………………………………………………….. 6
Article 8 ESTABLISHMENT OF THE COMMISSION FOR THE SEA NUCLEAR WEAPON-
FREE ZONE ……………………………………………………………………………………………………………… 6
Article 9 THE EXECUTIVE COMMITTEE ……………………………………………………………………. 7
Article 10 CONTOL SYSTEM ……………………………………………………………………………………… 8
Article 11 REPORT AND EXCHANGE OF INFORMATION ……………………………………………… 8
Article 12 REQUEST FOR CLARIFIC ATION …………………………………………………………………. 8
Article 13 REQUEST FOR A FACT -FINDING MISSION ………………………………………………….. 9
Article 14 REMEDIAL MEASURES ……………………………………………………………………………… 9
Article 15 SIGNATURE, RATIFICATION, ACCESSION, DEPOSIT AND REGISTRATION ….10
Article 16 ENTRY INTO FORCE ………………………………………………………………………………….10
Article 17 RESERVATIONS ………………………………………………………………………………………..10
Article 18 RELATIONS WITH OTHER INTERNATIONAL ORGANIZATIONS …………………….11
Article 19 AMENDMENTS ………………………………………………………………………………………….11
Article 20 REVIEW …………………………………………………………………………………………………….11
Article 21 SETTLEMENT OF DISPUTES ………………………………………………………………………12
Article 22 DURATION AND WITHDRAWAL ………………………………………………………………….12
PROTOCOL TO THE TREATY ON THE SOUTHEEAST ASIA NUCLEAR WEAPON- FREE
ZONE ……………………………………………………………………………………………………………………….13
Article 1 ………………………………………………………………………………………………………………… 13

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Article 2 ………………………………………………………………………………………………………………… 13
Article 3 ………………………………………………………………………………………………………………… 13
Article 4 ………………………………………………………………………………………………………………… 14
Article 5 ………………………………………………………………………………………………………………… 14
Article 6 ………………………………………………………………………………………………………………… 14
Article 7 ………………………………………………………………………………………………………………… 14
ANNEX : PROCEDURE FOR A FACT -FINDING MISSION ……………………………………………….15

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 acti on 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
reg ion 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 Ku ala 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 N uclear 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 max imum 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;

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HAVE AGREED as follows :
ARTICLE 1
USE OF TERM

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 i n 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, int ernal 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 o f 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 di sposal 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 disp osal of such matter or derived from the treatment of such
wastes or other matter on such vessels, aircraft, platforms or structures.

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ARTICLE 2
APPLICATION OF THE TREATY

1. This Treaty and its Protocol shall apply to the territories, continental selves, and EEZ of the
States Parties within the Zone in which the 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 3
BASIC UNDERTAKINGS
1. Each St ate 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. Ea ch 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 P arty 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 i n 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.

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ARTICLE 4
USE OF NUCLEAR ENERG Y 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 exc lusively 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 as sessment 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 II I 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 r elating 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 -wea pon State except in conformity with applicable safeguards agreements
with the IAEA.
ARTICLE 5
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 the Treaty.

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ARTICLE 6
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 7
FOREIGN SHIPS AND AI RCRAFT

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 aircra ft, 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 8
ESTABLISHMENT OF THE COMMISSION FOR THE
SOUTHEAST ASIA NUCLE AR WE APON-FREE ZONE
1. There is hereby established a Commission for the Southeast Asia Nuclear Weapon- Free
Zone, hereinafter ref erred to as the “Commission”.
2. All States Parties are ipso fact o 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 co mpliance 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 t he 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 pr esent to constitute a quorum.

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7. Each member of the Co mmission shall have one vote.
8. Except as provided for in this Treaty, decisions of the Commission shall be taken by
consensus or, f ailing consensus, by a two- thirds majority of the members pres ent 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 COMMIT TEE
1. There is hereby established, as a subsidiary organ of the Commiss ion, 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 sti pulated 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 a nd 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 pr esent to constitute a
quorum.

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7. Each member of the Executive C ommittee shall have one vote.
8. Decisions of the Executive Committee shall be taken by consensus or, failing consensus, by
a two -thirds majority of t he members present and voting.
ARTICLE 10
CONTROL SYSTEM
1. There is hereby established a control system for the purpos e 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 p rovided for in Article 5;
b. report and exchange of information as provided for in Article 11;
c. reques t for clarification as pr ovided for in Article 12; and
d. request and procedures for a fact -finding mission as provided for in Article 13.
ARTICLE 11
REPORT AND EXCHANGE OF INFORMATION
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 i mplementation of
this Treaty.
2. The States Parties may exchange information on matters arising under or in relation to this
Treaty.
ARTICLE 12
REQUEST FOR CL ARIFICATION
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 t o
the requesting State Party.

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2. Each State Party shall have the right to request the Executive Committee to seek
clarification for another State Party concerning any situation which may be considered
ambiguous or which may give rise to doubts about compliance of that State Party with this
Treaty. Upon receipt of such a request, the Executive Committee shall consult the State
Party from which clarification is sought for the purpose of obtaining the clarification
requested.
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
1. In case the Executive Committee decide in accordance with the Annex that there is a breach
of this Treaty by a State Party, that State Party shall, within a reasonable time, take all steps
necessary to bring itself in full compliance with this Treaty and shall promptly inform the
Executive Committee of the action taken or proposed to be taken by it.
2. Where a State Party fails or refuses to comply with the provisions of Paragraph 1 of this
Article, the Executive Committee shall request the Commission to convene a meeting in
accordance with the provisions of Paragraph 3(e) of Article 9.
3. At the meeting convened pursuant to Paragraph 2 of this Article, the Commission shall
consider the emergent situation and shall decide on any measure it deems appropriate to
cope with the situation, including the submission of the matter to the IAEA and, where the
situation might endanger international peace and security, the Security Counc il and the
General As sembly of the United Nations.
4. In the event of breach of the Protocol attached to this Treaty by a State Party to the
Protocol, the Executive Committee shall convene a special meeting of the Commission to
decide on appropriate measures to be taken.

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ARTICLE 15
SIGNATURE, RATIFICAT ION, ACCESSION, DEPOSIT AND REGISTRATION
1. This Treaty shall be open for signature by all States in Southeast Asia, namely, Brunei
Darussalam, Cambodia, Indonesia, Laos, Malaysia, Myanmar, Philippines, Singapore,
Thailand and Vietnam.
2. This Treaty shall be subject to ratification in accordance with the constitutional procedure of
the signatory states. The instruments of ratification shall be deposited with the Government
of the Kingdom of Thailand which is hereby designated as the Depositary State.
3. This Treaty shall be open for accession. The instruments of accession shall be deposit ed
with the Depositary State.
4. The Depositary State shall inform the other States Parties to this Treaty on the deposit of
instrument s of ratification or accession.
5. The Depositary State shall register this Treaty and its Protocol pursuant to Article 102 of the
Charter of the United Nations.
ARTICLE 16
ENTRY INTO FORCE
1. This Treaty shall enter into force on the date of the deposit of the seventh instrument of
ratification and/or accession.
2. For States which ratify or accede to this Treaty after the date of the seventh instrument of
ratification or accession, the Treaty shall enter into force on the date of deposit of its
instrument of ra tification or accession.
ARTICLE 17
RESERVATIONS

This Treaty shall not be subject to reservations.

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ARTICLE 18
RELATIONS WITH OTHER INTERNATIONAL ORGANIZATIONS

The 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

Ten years after this Treaty enters into force, a meeting of the Commission shall be convened for
the purpose of reviewing the operation of the Treaty. A meeting of the Commission for the same
purpose may also be convened at anytime thereafter if there is consensus among all its
members.

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ARTICLE 21
SETTLEMENT OF DISPUT ES

Any dispute arising from the interpretation of the provisions of this Treaty shall be settled by
peaceful means as may be agreed upon by the States Parties to the dispute. If within one
month, the parties to the dispute are unable to achieve a peaceful settlement of the dispute by
negotiation, mediation, enquiry or conciliation, any of the parties concerned shall, with the prior
consent of the other parties concerned, refer th e dispute to arbitration or to the International
Court of Justice.
ARTICLE 22
DURATION AND WITHDRA WAL

1. This Treaty shall remain in force indefinitely.

2. In the event of a breach by any State Party of this Treaty essential to the achievement of the
objectives of the Treaty, every other State Party shall have the right to withdraw from the Treaty.

3. Withdrawal under Paragraph 2 of Article 22, shall be effected by giving notice twelve months
in advance to the members of the Commission.

IN WITNESS WHEREOF , the undersigned have signed this Treaty.

DONE at Bangkok, this fifteenth day of December , one thousand nine hundred and
ninety -five , in one original in the English language.
For Brunei Darussalam: HAJI HASSANAL BOLKIAH , Sultan of Brunei Daruss alam
For the Kingdom of Cambodia: SAMDECH KROM PREAH NORODOM RANARIDH,
First Prime Minister and SAMDECH HUN SEN, Second Prime Minister
For the Republic of Indonesia: SOEHARTO, President
For Lao People’s Democratic Republic: KHAMTAY SIPHANDONE , Prime Minister
For Malaysia: DR. MAHATHIR BIN MOHAMAD, Prime Minister
For the Union of Myanmar: SENIOR GENERAL THAN SHWE , Chairman of the State
Law and Order Restoration Council and Prime Minister

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For the Republic of the Philippines: FIDEL V. RAMOS , President
For the Republic of Singapore: GOH CHOK TONG , Prime Minister
For the Kingdom of Thailand: BANHARN SILPA -ARCHA , Prime Minister
For the Socialist Republic of Viet Nam: VO VAN KIET , Prime Minister

PROTOCOL
PROTOCOL TO THE TREA TY ON THE
SOUTHEEAST ASIA NUCLEAR WEAPON-FREE ZONE

The States Parties to this Protocol,
DESIRING to contribute to efforts towards achieving general and complete disarmament of
nuclear weapons, and thereby ensuring international peace and security, including in Southeast
Asia;
NOTING th e Treaty on the Southeast Asia Nuclear Weapon- Free Zone;
HAVE AGREED as follows :
ARTICLE 1

Each State Party undertakes to respect the Treaty on the Southeast Asia Nuclear Weapon- Free
Zone, hereinafter referred to as the “Treaty”, and not to contribute to any act which constitutes a
violation of the Treaty or its Protocol by States Parties to them.

ARTICLE 2

Each State Party undertakes not to use or threaten to use nuclear weapons against any State
Party to the Treaty. It further undertakes not to us e or threaten to use nuclear weapons within
the Southeast Asia Nuclear Weapon- Free Zone.

ARTICLE 3

This Protocol shall be open for signature by the People’s Republic of China, France, the

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Russian Federation, the United Kingdom of Great Britain and Northern Ireland and the United
States of America.
ARTICLE 4

Each State Party undertakes, by written notification to the Depositary State, to indicate its
acceptance or otherwise of any alteration to its obligation under the Protocol that may be
brought about by the entry into force of an amendment to the Treaty pursuant to Article 19
thereof.
ARTICLE 5

This Protocol is of a permanent nature and shall remain in force indefinitely, provided that each
State Party shall, in exercising its national sovereignty, have the right to withdraw from this
Protocol if it decides that extraordinary events, related to the subject -matter of this Protocol,
have jeopardized its supreme national interests. It shall give notice of such withdrawal to the
Depositary State twelve m onths in advance. Such notice shall include a statement of the
extraordinary events it regards as having jeopardized its supreme national interests.

ARTICLE 6

This Protocol shall be subject to ratification.

ARTICLE 7

This Protocol shall enter into fo rce for each State Party on the date of its deposit of its
instrument of ratification with the Depositary State. The Depositary State shall inform the other
States Parties to the Treaty and to this Protocol on the deposit of instruments of ratification.

IN WITNESS WHEREOF the undersigned, being duly authorized by their Governments, have
signed this Protocol.

DONE at Bangkok this fifteenth day of December , one thousand nine hundred and ninety –
five , in one original in the English language.

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ANNEX

ANNEX : PROCEDURE FOR A FACT -FINDING MISSION
1. The State Party requesting a fact -finding mission as provided in Article 13, hereinafter
referred to as the “requesting State”, shall submit the request to the Executive Committee
specifying the following:
a. the doubts or concerns and the reasons for such doubts or concerns;
b. the location in which the situation which gives rise to doubts has allegedly occurred;
c. the relevant provisions of the Treaty about which doubts of compliance have arisen; and
d. any other relevant i nformation.
2. Upon receipt of a request for a fact -finding mission, the Executive Committee shall:
a. immediately inform the State Party to which the fact -finding mission is requested to be
sent, hereinafter referred to as the “receiving State”, about the rec eipt of the request;
and
b. not later than 3 weeks after receiving the request, decide if the request complies with the
provisions of Paragraph 1 and whether or not it is frivolous, abusive or clearly beyond
the scope of the Treaty. Neither the requesting nor receiving State Party shall participate
in such decisions.
3. In case the Executive Committee decides that the request does not comply with the
provisions of Paragraph 1, or that it is frivolous, abusive or clearly beyond the scope of the
Treaty, it shall t ake no further action on the request and inform the requesting State and the
receiving State accordingly.
4. In the event that the Executive Committee decide that the request complies with the
provisions of Paragraph 1, and that it is not frivolous, abusive or clearly beyond the scope of
the Treaty, it shall immediately forward the request for a fact -finding mission to the receiving
State, indicating, inter alia, the proposed date for sending the mission. The proposed date
shall not be later that 3 weeks from the time the receiving State receives the request for a
fact -finding mission. The Executive Committee shall also immediately set up a fact -finding
mission consisting of 3 inspectors from the IAEA who are neither nationals of the requesting
nor receiving St ate.
5. The receiving State shall comply with the request for a fact -finding mission referred to in
Paragraph 4. It shall cooperate with the Executive Committee in order to facilitate the
effective functioning of the fact -finding mission, inter alia, by prom ptly providing unimpeded
access of the fact -finding mission to the location in question. The receiving State shall
accord to the members of the fact -finding mission such privileges and immunities as are
necessary for them to exercise their functions effect ively, including inviolability of all papers
and documents and immunity from arrest, detention and legal process for acts done and
words spoken for the purpose of the mission.

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6. The receiving State shall have the right to take measures to protect sensitive installations
and to prevent disclosures of confidential information and data not related to this Treaty.
7. The fact -finding mission, in the discharge of its functions, shall:
a. respect the laws and regulations of the receiving State;
b. refrain from activitie s inconsistent with the objectives and purposes of this Treaty;
c. submit preliminary or interim reports to the Executive Committee; and
d. complete its task without undue delay and shall submit its final report to the Executive
Committee within a reasonable t ime upon completion of its work.
8. The Executive Committee shall :
a. consider the reports submitted by the fact -finding mission and reach a decision on
whether or not there is a breach of the Treaty;
b. immediately communicate its decision to the requesting St ate and the receiving State,
and
c. present a full report on its decision to the Commission.
9. In the event that the receiving State refuses to comply with the request for a fact -finding
mission in accordance with Paragraph 4, the requesting State through the Executive
Committee shall have the right to request for a meeting of the Commission. The Executive
Committee shall immediately request the Commission to convene a meeting in accordance
with Paragraph 3 (e) of Article 9.