Decree of the Minister for Foreign Affairs No. 61 / 1974 Coll.

Decree of the Minister for Foreign Affairs on the Non-Proliferation Treaty

Valid Effective from 05.03.1970
Contents
61
DECLARATION
Minister for Foreign Affairs
of 29 March 1974
on the Non-Proliferation Treaty
The UN General Assembly Resolution of 12 June 1968 adopted the Non-Proliferation Treaty.
On behalf of the Czechoslovak Socialist Republic, the Treaty was signed in Moscow, Washington and London on 1 July 1968.
The Treaty was approved by the Federal Assembly of the Czechoslovak Socialist Republic and ratified by the President of the Republic. The instruments of ratification were deposited with the depositories of the Treaty, the Government of the Union of Soviet Socialist Republics, the Government of the United States of America and the Government of Great Britain and Northern Ireland on 22 July 1969.
Pursuant to Article IX (3), the Treaty entered into force on 5 March 1970 and entered into force on that date also for the Czechoslovak Socialist Republic.
The Czech translation of the Treaty is announced simultaneously.
Minister:
Ing. Chupek v. r.
TREATY
on nuclear non-proliferation
States conclude this Treaty, hereinafter referred to as "the Parties',
Taking into account the devastating consequences that nuclear war would have for all mankind and the resulting need to make every effort to avert the danger of such war and take measures to ensure the safety of nations,
Considering that the proliferation of nuclear weapons would seriously increase the dangers of nuclear war,
in accordance with the United Nations General Assembly Resolutions calling for an agreement to prevent further proliferation,
undertake to assist in the application of guarantees International Atomic Energy Agency for Peaceful Use of Nuclear Energy,
Expresses its support for research, development and further efforts to promote the application of the principle of effective safeguards under the International Atomic Energy Agency's Guarantee Scheme as regards the movement of source and special fissile materials using instruments and other technical means of control at certain key points,
reaffirming the principle that the results of the peaceful use of nuclear technology, including any by-products that may be obtained by nuclear weapons States in the development of nuclear explosive devices, are to be made available for peaceful purposes to all Contracting Parties, both those that own nuclear weapons and those that do not own them,
Convincing that, when implementing this principle, all Contracting Parties have the right to participate in, individually or in cooperation with other States, the widest possible exchange of scientific information for the further development of the use of nuclear energy for peaceful purposes,
declaring its intention to stop nuclear arms plants as soon as possible and to take effective measures for nuclear disarmament,
urging all States to cooperate in the implementation of this objective,
Recalling the decision, expressed by the Contracting Parties in the preamble to the Treaty on the prohibition of experiments on nuclear weapons in the air, space and underwater of 1963, to seek the permanent cessation of all experimental explosions of nuclear weapons and to continue to act for this purpose,
Desiring to facilitate the mitigation of international tensions and the strengthening of national confidence in order to facilitate the cessation of nuclear weapons production, the destruction of all their existing stocks and the removal of nuclear weapons and their delivery systems from national arsenals in accordance with the General and Complete Disarmament Treaty under strict and effective international control,
Recalling that, in accordance with the Charter of the United Nations, States must refrain from threatening against the territorial integrity or political independence of any State or any other way incompatible with the objectives of the United Nations in their international relations and that the achievement and maintenance of international peace and security should be ensured with the least effort of the world's human and economic resources for arms,
agree on the following:
Each Contracting Party that owns nuclear weapons undertakes not to transmit, directly or indirectly, to any nuclear weapon or other nuclear explosive devices, or to control such weapons or nuclear explosive devices, nor to support, encourage or encourage in any way any State that does not own nuclear weapons for the production or acquisition of nuclear weapons or other nuclear explosive devices by any other means or to gain control of such weapons or explosive devices.
Any non-nuclear weapon Party undertakes not to accept, directly or indirectly, from any nuclear weapon or other nuclear explosive device or control such weapons or explosive devices, to produce or obtain nuclear weapons or other nuclear explosive devices, or to seek or receive any assistance in the manufacture of nuclear weapons or other nuclear explosive devices.
1. Each non-nuclear weapon Contracting Party shall undertake to accept the guarantees referred to in the Agreement to be negotiated and to be concluded with the International Atomic Energy Agency in accordance with the Statute of the International Atomic Energy Agency and the Agency's safeguards system, solely to verify compliance with the commitments it has undertaken in accordance with this Treaty in order to prevent the unauthorised transfer of nuclear energy from peaceful uses to nuclear weapons or other nuclear explosive devices. The guarantee procedures required by this Article shall be applied to source or special fissile material, independently of whether it is produced, processed or used in any major nuclear installation or located outside any such installation. The guarantees required by this Article shall be applied to all source or special fissile material in all peaceful nuclear activities within the territory of such a State, under its jurisdiction or in any activity under its control.
2. Each Contracting Party undertakes not to make available:
(a) source or special fissile material; or
(b) equipment or material specially designed or prepared for the processing, use or manufacture of special fissile material to any State not having a peaceful nuclear weapon, provided that such source or special fissile material is not subject to the guarantees required by this Article.
3. The guarantees required by this Article shall be implemented in such a way as to prevent the economic or technological development of the Contracting Parties or international cooperation in the field of peaceful nuclear activities, including the international exchange of nuclear material and equipment for the processing, use or manufacture of nuclear material for peaceful purposes, in accordance with the provisions of this Article and the principle of the application of the guarantees set out in the preamble to the Treaty.
4. Non-nuclear weapons Contracting Parties shall conclude agreements with the International Atomic Energy Agency to comply with the requirements of this Article individually or together with other States in accordance with the Statute of the International Atomic Energy Agency. Negotiations on such agreements shall begin within 180 days of the initial entry into force of this Treaty. For States which hand over their instruments of ratification or accession to custody after a period of 180 days, negotiations on such agreements shall commence at the latest by the date of transmission of those instruments. These agreements shall enter into force no later than 18 months after the date of the opening of the negotiations.
1. Nothing in this Treaty may be interpreted in such a way as to affect the inalienable right of all Contracting Parties to develop without discrimination and in accordance with Articles I and II of this Treaty, research, production and use of nuclear energy for peaceful purposes.
2. All Contracting Parties undertake to assist, and have the right to participate in, the full exchange of equipment, materials, scientific and technical information for the peaceful use of nuclear energy. The Contracting Parties that are likely to do so will also cooperate to contribute, individually or jointly with other States or international organisations, to the further development of the peaceful use of nuclear energy, in particular in the non-nuclear weapon Contracting Parties' territories, with due regard to the needs of the world's developing areas.
Each Contracting Party undertakes to take appropriate measures to ensure that the potential benefit from any peaceful use of nuclear explosions is in accordance with this Treaty under appropriate international supervision and through relevant international procedures made available to non-nuclear weapon contractors on a non-discriminatory basis and that the price of explosive devices used for such parties is as low as possible and does not include R & D expenditure. Non-nuclear weapons Contracting Parties will be able to achieve such benefits in accordance with a special international agreement or agreements through an appropriate international body in which non-nuclear weapons States will be adequately represented. Negotiations on this issue will begin as soon as possible after the entry into force of the Treaty. Non-nuclear weapons Contracting Parties, if they so wish, may also obtain such benefits in accordance with bilateral agreements.
Each Contracting Party undertakes, in a spirit of goodwill, to conduct negotiations on effective measures to stop nuclear arms plants in the near future and to disarm nuclear plants, as well as on a treaty on general and full disarmament under strict and effective international control.
Nothing in this Treaty shall affect the right of any group of States to conclude regional agreements with a view to the complete elimination of nuclear weapons from their territories.
1. Either Party may propose amendments to this Treaty. The text of any proposed amendment shall be submitted to the depositary Governments which shall circulate it to all Contracting Parties. Thereafter, if requested by one third or more Contracting Parties, the depositary Governments shall convene a conference to which all Contracting Parties shall be invited to consider such a change.
2. Any amendment to this Treaty shall be approved by a majority of all the Contracting Parties, including the votes of all the Contracting Parties owning a nuclear weapon, as well as of all the Contracting Parties that will be members of the Governing Council of the International Atomic Energy Agency at the date on which the notification of the amendment is circulated. The amendment shall enter into force for each Contracting Party which transmits the instruments of ratification of the amendment, after being transferred to the custody of the instruments of ratification of the majority of all Contracting Parties, including the instruments of ratification of all Contracting Parties that hold nuclear weapons, as well as all Contracting Parties that will be members of the Governing Council of the International Atomic Energy Agency at the date on which the notification of the amendment is circulated. Thereafter, the amendment shall enter into force for any other Contracting Party upon transmission of its instrument of ratification of the amendment into custody.
3. A Conference of the Parties shall be organised in Geneva (Switzerland) five years after the entry into force of this Treaty to assess the effectiveness of this Treaty in order to ensure that the principles of the preamble and the provisions of the Treaty are complied with. After every five years, the majority of the Contracting Parties may, on the basis of the submission of the relevant proposal to the depositary Governments, reach the convening of further conferences for the same purpose, i.e. to assess the effectiveness of the Treaty.
1. This Treaty shall be open for signature by all States. Any State which does not sign the Treaty before its entry into force pursuant to paragraph 3 of this Article may accede at any time.
2. This Treaty is subject to ratification by the States that signed it. The instruments of ratification and accession will be deposited with the governments of the Union of Soviet Socialist Republics, the United Kingdom of Great Britain and Northern Ireland and the United States of America, which are hereby designated depositary governments.
3. This Treaty shall enter into force upon its ratification by the States whose governments are designated as depositories of the Treaty and 40 other signatory States of this Treaty and after the deposit of their instruments of ratification. For the purposes of this Treaty, State-owned nuclear weapons shall be the State which manufactured and carried out the explosion of a nuclear weapon or other nuclear explosive device before 1 January 1967.
4. For States whose instruments of ratification or accession will be deposited after the entry into force of this Treaty, the Treaty shall enter into force on the date on which their instruments of ratification or accession are deposited.
5. The Depositary Governments shall immediately inform all States that have signed or acceded to this Treaty of the date of each signature, of the date of deposit of each instrument of ratification or accession, of the date of entry into force of this Treaty and of the date of receipt of any request for a conference and of other communications.
6. This Treaty shall be registered by depository governments in accordance with Article 102 of the Charter of the United Nations.
1. Each Contracting Party shall have the right, in the exercise of its national sovereignty, to withdraw from the Treaty if it decides that exceptional circumstances relating to the content of the Treaty have put the sovereign interests of its country at risk. It shall inform the other Contracting Parties and the United Nations Security Council three months in advance of its withdrawal. Such a communication shall contain a statement of exceptional circumstances which the State considers to have jeopardised its sovereign interests.
2. After 25 years from the entry into force of the Treaty, conferences will be convened to decide whether the Treaty will continue to be unlimited in time or whether it will be extended to a further specified period or periods. This solution will be adopted by a majority of the Contracting Parties.
This Treaty, whose Russian, English, French, Spanish and Chinese texts are equally authentic, will be deposited in the archives of depository governments. The duly certified copies of this Treaty shall be transmitted by the depository governments to the governments of all States which have signed or acceded to the Treaty.
They have signed this Treaty to prove the undersigned who have been duly empowered to do so.
Given in triplicate in the cities of Moscow, London and Washington on the first July of the year one thousand and nine hundred and sixty-eight.

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Regulation Information

CitationDecree of the Minister for Foreign Affairs No. 61 / 1974 Coll., on the Non-Proliferation Treaty
Regulation Type-
Author-
CollectionCode of Laws
Date of Promulgation21.06.1974
Effective from05.03.1970
Effective until-
Status Valid
The regulation text is for informational purposes only.
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