Section 95p. 95

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME II

TREATY ON THE NON-PROLIFERATION OF NUCLEAR

WEAPONS *

The States concluding this Treaty, hereinafter referred to

as the "Parties to the Treaty",

Considering the devastation that would be visited upon

all mankind by a nuclear war and the consequent need to

make every effort to avert the danger of such a war and

to take measures to safeguard the security of peoples,

Believing that the proliferation of nuclear weapons would

seriously enhance the danger of nuclear war,

In conformity with resolutions of the United Nations

General

Assembly

calling

for

the

conclusion

of

an

agreement on the prevention of wider dissemination of

nuclear weapons,

Undertaking to co-operate in facilitating the application

of International Atomic Energy Agency safeguards on

peaceful nuclear activities,

Expressing their support for research, development and

other

efforts

to

further

the

application,

within

the

framework of the International Atomic Energy Agency

safeguards

system,

of

the

principle

of safeguarding

effectively the flow of source and special fissionable

materials by use of instruments and other techniques at

certain strategic points,

Affirming the principle that the benefits of peaceful

applications

of

nuclear

technology,

including

any

technological by-products which may be derived by

nuclear-weapon States from the development of nuclear

explosive

devices,

should

be

available

for

peaceful

purposes

to

all

Parties

to

the

Treaty,

whether

nuclear-weapon or non-nuclear-weapon States,

Convinced that, in furtherance of this principle, all Parties

to the Treaty are entitled to participate in the fullest

possible exchange of scientific information for, and to

contribute alone or in co-operation with other States to,

the further development of the applications of atomic

energy for peaceful purposes,

Declaring

their

intention

to

achieve

at

the

earliest

possible date the cessation of the nuclear arms race and

to

undertake

effective measures in the direction of

nuclear disarmament,

Urging the co-operation of all States in the attainment of

this objective,

Recalling the determination expressed by the Parties to

the 1963 Treaty 1 banning nuclear weapon tests in the

atmosphere,

in outer space and under water in its

Preamble to seek to achieve the discontinuance of all test

explosions

of

nuclear

weapons

for

all

time

and to

continue negotiations to this end;

Desiring to further the easing of international tension and

the strengthening of trust between States in order to

facilitate the cessation of the manufacture of nuclear

weapons, the liquidation of all their existing stockpiles,

and the elimination from national arsenals of nuclear

weapons and the means of their delivery pursuant to a

Treaty on general and complete disarmament under

strict and effective international control,

Recalling that, in accordance with the Charter of the

United Nations, States must refrain in their international

relations from the threat or use of force against the

territorial integrity or political independence of any State,

or in any other manner inconsistent with the Purposes of

the United Nations, and that the establishment and

maintenance of international peace and security are to be

promoted with the least diversion for armaments of the

world's human and economic resources,

Have agreed as follows:

ARTICLE I

Each

nuclear-weapon

State

Party

to

the

Treaty

undertakes not to transfer to any recipient whatsoever

nuclear weapons or other nuclear explosive devices or

control over such weapons or explosive devices directly, or

indirectly; and not in any way to assist, encourage, or

induce any non-nuclear-weapon State to manufacture or

otherwise acquire nuclear weapons or other nuclear

explosive

devices,

or

control

over

such weapons or

explosive devices.

ARTICLE II

Each

non-nuclear-weapon

State

Party

to

the Treaty

undertakes not to receive the transfer from any transferor

whatsoever of nuclear weapons or other nuclear explosive

devices or of control over such weapons or explosive

devices directly, or indirectly; not to manufacture or

otherwise acquire nuclear weapons or other nuclear

explosive

devices;

and

not

to

seek

or

receive

any

assistance in the manufacture of nuclear weapons or

other nuclear explosive devices.

ARTICLE III

1. Each non-nuclear-weapon State Party to the Treaty

undertakes to accept safeguards, as set forth in an

agreement to be negotiated and concluded with the

International Atomic Energy Agency in accordance with

the Statute of the International Atomic Energy Agency 2

and the Agency's safeguards system, for the exclusive

purpose of verification of the fulfillment of its obligations

assumed under this Treaty with a view to preventing

diversion of nuclear energy from peaceful uses to nuclear

weapons or other nuclear explosive devices. Procedures

for

the

safeguards required by this Article shall be

followed with respect to source or special fissionable

material whether it is being produced, processed or used

in any principal nuclear facility or is outside any such

facility. The safeguards required by this Article shall be

applied on all source or special fissionable material in all

peaceful nuclear activities within the territory of such

State, under its jurisdiction, or carried out under its

control anywhere.

2. Each State Party to the Treaty undertakes not to

provide: (a) source or special fissionable material, or (b)

equipment or material especially designed or prepared

for

the

processing,

use

or

production

of

special

fissionable material, to any non-nuclear-weapon State for

peaceful

purposes,

unless

the

source

or

special

fissionable material shall be subject to the safeguards

required by this Article.

3.

The

safeguards

required

by

this

Article

shall be

implemented in a manner designed to comply with

Article IV of this Treaty, and to avoid hampering the

economic or technological development of the Parties or

international co-operation in the field of peaceful nuclear

activities, including the international exchange of nuclear

material

and

equipment

for

the processing, use or

production of nuclear material for peaceful purposes in

accordance with the provisions of this Article and the

principle of safeguarding set forth in the Preamble of the

Treaty.

4. Non-nuclear-weapon States Party to the Treaty shall

conclude

agreements

with

the

International

Atomic

Energy Agency to meet the requirements of this Article

either

individually

or

together

with

other

States in

accordance with the Statute of the International Atomic

Energy Agency. Negotiation of such agreements shall

commence within 180 days from the original entry into

force

of

this

Treaty.

For

States

depositing

their

instruments of ratification or accession after the 180-day

period, negotiation of such agreements shall commence

not later than the date of such deposit. Such agreements

shall enter into force not later than eighteen months after

the date of initiation of negotiations.

ARTICLE IV

1. Nothing in this Treaty shall be interpreted as affecting

the inalienable right of all the Parties to the Treaty to

develop research, production and use of nuclear energy

for peaceful purposes without discrimination and in

conformity with Articles I and II of this Treaty.

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