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Appendix E — Nuclear Non-proliferation and Disarmament Treaties

1.1                   In their submission, the Department of Foreign Affairs and Trade and Australian Safeguards and Non-Proliferation Office provided a summary of all nuclear non-proliferation and disarmament treaties to which Australia is a party.[1]

Multilateral Treaties

Treaty Title

Purpose

Entry into Force for Australia

Statute of the International Atomic Energy Agency

Treaty which created the IAEA.

Signed in New York on: 14 December 1956; ratified on 29 July 1957; and entered into force on 29 July 1957.

Agreement between the Governments of Australia, Argentina, Chile, the French Republic, Japan, New Zealand, Norway, the Union of South Africa, the Union of Soviet Socialist Republics, the United Kingdom of Great Britain and North Ireland and the United States of America concerning the Peaceful Uses of Antarctica. (Short title: The ‘Antarctic Treaty’)

Establishes Antarctica as a non-militarised zone.  Prohibits nuclear explosions, the disposal of radioactive waste material and the testing of any type of weapons.

Signed in Washington on 1 December 1959; ratified on 23 June 1961; and entered into force on 23 June 1961.

Treaty Banning Nuclear Weapon Tests in the Atmosphere, in Outer Space and under Water (Partial Test Ban Treaty)

Commits parties not to test nuclear weapons in the atmosphere, in outer space and under water.

Signed in Moscow on 8 August 1963; ratified on 12 November 1963; and entered into force on 5 October 1963.

Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies (Outer Space Treaty)

Prohibits the deployment of nuclear weapons in orbit, on the moon or other celestial bodies or otherwise in outer space.

Signed in Washington on 27 January 1967; ratified on 10 October 1967; and entered into force on 10 October 1967.

Treaty on the Non-Proliferation of Nuclear Weapons

Commits non-nuclear weapons states not to attempt to acquire nuclear weapons; guarantees the right to peaceful nuclear energy; and commits nuclear weapons states to pursue disarmament.

Signed in Vienna on February 1970; ratified 23 January 1973; and entered into force on 23 January 1973.

Treaty on the Prohibition on the Emplacement of Nuclear Weapons and other Weapons of Mass Destruction on the Sea Bed and the Ocean Floor and in the Sub-soil thereof (Seabed Treaty)

Parties undertake not to place nuclear weapons, WMD or any launching installations or other facilities specifically designed for storing, testing or using such weapons on the sea-bed and the ocean floor and in the subsoil thereof beyond the outer limit of a sea-bed zone.  Treaty does not apply to the coastal State or to the sea-bed beneath its territorial waters.

Signed in London/ Moscow/Washington on 11 February 1971; ratified: on 23 January 1973; and entered into force on 23 January 1973.

Agreement between Australia and the International Atomic Energy Agency for the Application of Safeguards in connection with the Treaty on the Non-Proliferation of Nuclear Weapons of 1 July 1968

Consistent with Australia’s NPT obligations, Australia accepts safeguards on all source or special fissionable material in all peaceful nuclear activities within its territory.

Signed in Vienna and entered into force on 10 July 1974.

Agreement Governing the Activities of States on the Moon and other Celestial Bodies (Moon Treaty)

Prohibits the deployment of nuclear weapons on the moon and other celestial bodies.

Acceded to on 7 July 1986; and entered into force for Australia on 6 August 1986.

South Pacific Nuclear Free Zone Treaty (Treaty of Raratonga)

Establishes an NFZ in the South Pacific.

Signed in Raratonga on 6 August 1985; ratified and entered into force for Australia on 11 December 1986.

Convention on the Physical Protection of Nuclear Material

Parties commit to provide physical protection to nuclear material in international transport, and to criminalise various activities in relation to unauthorised dealings with nuclear material.

Signed in Geneva on 22 February 1984; ratified on 22 September 1987; and entered into force for Australia on 22 October 1987.

Protocol Additional to the Agreement [of 10 July 1974] between Australia and the International Atomic Energy Agency for the Application of Safeguards in connection with the Treaty on the Non-Proliferation of Nuclear Weapons of 1 July 1968

Enhances the IAEA’s ability to provide assurances about the peaceful nature of a state’s nuclear activities.

Signed in Vienna on 23 September 1997; and entered into force on 12 December 1997.

Comprehensive Nuclear Test Ban Treaty

Prohibits any nuclear explosion, and causing, encouraging or participating in the conduct of a nuclear explosion.

Signed in New York on 24 September 1996; ratified on 9 July 1998; but Treaty not yet in force generally.

Amendments to the Convention on the Physical Protection of Nuclear Material

Extends physical protection obligations to material in domestic use, storage or transport, and to nuclear facilities.

 

Adopted at Vienna on 8 July 2005; ratified on 17 July 2008; but, not yet in force generally.

International Convention for the Suppression of Acts of Nuclear Terrorism

Parties must establish criminal offences with appropriate penalties in relation to a number of offences relating to nuclear terrorism.

Signed in New York on 14 September 2005; Convention has not yet been ratified by Australia; but, entered into force generally on 7 July 2007.

 

Multilateral agreements relating to safety

Treaty Title

Purpose

Entry into Force for Australia

Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter

The convention prohibits the dumping or deliberate disposal of hazardous waste and seeks to control marine pollution.

Signed in London, Mexico City, Moscow and Washington on 10 October 1973; ratified on 21 August 1985; and entered into force for Australia on 20 September 1985.

Regional Cooperative Agreement for Research, Development and Training Related to Nuclear Science and Technology (RCA)

Facilitates technical and political cooperation in the peaceful applications of nuclear science and technology among the 17 regional member countries.

Accepted and entered into force for Australia on 11 June 1987; a fourth extension Agreement, which will extend the RCA until 11 June 2012, is currently awaiting Executive Council approval.

Convention on the Early Notification of a Nuclear Accident

Establishes an international notification scheme for reporting nuclear accidents that may have trans-boundary consequences.

Signed in Vienna on 26 September 1986; ratified on 22 August 1987; and entered into force for Australia on 23 Oct.1987.

Convention on Assistance in the Case of a Nuclear Accident or Radiological Emergency

Establishes an international scheme for the provision of assistance and support in the case of a nuclear or radiological accident.

Signed Vienna on 26 Sept. 1986; ratified on 22 Sept. 1987; and entered into force for Australia on 23 Oct.1987.

Convention on Nuclear Safety

Covers the construction, design, operation and safety of nuclear power plants. The convention creates a peer review mechanism.

Signed in Vienna on 20 Sept.1994; ratified 24 Dec. 1996; and entered into force for Australia on 24 March 1997.

 

Convention on Supplementary Compensation for Nuclear Damage

Creates a worldwide liability regime to supplement and enhance the Vienna and Paris Conventions on civil liability for nuclear damage, thereby ensuring the availability of compensation for victims of a nuclear accident.

Signed in Vienna on 1 October 1997. This Convention has not yet been ratified by Australia; and it is not yet in force generally.

Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management

Covers the construction, design, operation and safety of facilities for the management of spent fuel and of radioactive waste. The convention creates a peer review mechanism.

Signed: in Vienna on 13 Nov. 1998; ratified on 5 August 2003; entered into force for Australia on 3 November 2003.

 

Bilateral nuclear agreements

Treaty Title

Purpose 

Entry into Force for Australia

Agreement between the Government of Australia and the Government of the Republic of Korea concerning Cooperation in Peaceful Uses of Nuclear Energy and the Transfer of Nuclear Material

The export of Australian uranium for peaceful purposes

Signed in Canberra and entered into force on 2 May 1979.

Agreement between the Government of Australia and the Government of the United Kingdom of Great Britain and Northern Ireland concerning Nuclear Transfers between Australia and the United Kingdom

The export of Australian uranium for peaceful purposes

Signed in London and entered into force on 24 July 1979.

Agreement between the Government of Australia and the Government of the Republic of Finland concerning the Transfer of Nuclear Material between Australia and Finland

The export of Australian uranium for peaceful purposes

Signed in Helsinki on 20 July 1978; and entered into force on 9 February 1980.

An exchange of notes constituting an Agreement between Australia and the United States of America concerning Peaceful Uses of Nuclear Energy, and Agreed Minute

The export of Australian uranium for peaceful purposes

Notes and agreed minute exchanged in Washington on 5 July 1979; and entered into force on 16 January 1981.

Agreement between the Government of Australia and the Government of Canada concerning the Peaceful Uses of Nuclear Energy

The export of Australian uranium for peaceful purposes

Signed in Ottawa and entered into force on 9 March 1981.

Agreement on Conditions and Controls for Nuclear Transfers for Peaceful Purposes between Australia and Sweden, and Exchange of Letters

The export of Australian uranium for peaceful purposes

Signed in Canberra on 18 March 1981; and entered into force on 22 May 1981.

Agreement concerning Nuclear Transfers between Australia and France, and Exchange of Letters

The export of Australian uranium for peaceful purposes

Signed in Paris on 7 January 1981; and entered into force on 12 September 1981.

Agreement with the European Atomic Energy Community (EURATOM) concerning Transfers of Nuclear Material from Australia to EURATOM, and two exchanges of Letters

The export of Australian uranium for peaceful purposes

Signed in Brussels on 21 September 1981; and entered into force on 15 January 1982.

Agreement between the Government of Australia and the Government of the Republic of the Philippines concerning Co-operation in Peaceful Uses of Nuclear Energy and the Transfer of Nuclear Material

The export of Australian uranium for peaceful purposes

Signed in Manila on 8 August 1978; and entered into force on 11 May 1982.

Agreement between the Government of Australia and the Government of Japan for Cooperation in the Peaceful Uses of Nuclear Energy, and three Exchanges of Notes

The export of Australian uranium for peaceful purposes

Signed in Canberra on 5 March 1982; and entered into force on 17 August 1982.

Agreement between Australia and Switzerland concerning the Peaceful Uses of Nuclear Energy, and two exchanges of Letters

The export of Australian uranium for peaceful purposes

Signed in Berne on 28 January 1986; and entered into force on 27 July 1988.

Agreement concerning Cooperation in the Peaceful Uses of Nuclear Energy and the Transfer of Nuclear Material between Australia and the Arab Republic of Egypt

The export of Australian uranium for peaceful purposes

Signed in Cairo on 18 February 1988; and entered into force on 2 June 1989.

Agreement between the Government of Australia and the Government of the Union of Soviet Socialist Republics concerning the Peaceful Uses of Nuclear Energy

Applies to transfers of Australian nuclear material to the USSR either directly or through a third party.  The Agreement covers the processing (conversion, enrichment or fuel fabrication) of Australian obligated nuclear material (AONM) in Russia on behalf of other partner countries, but does not permit the use of AONM by Russia.

Signed in Canberra on 15 February 1990; and entered into force on 24 December 1990.

Agreement between the Government of Australia and the Government of the United Mexican States concerning Cooperation in Peaceful Uses of Nuclear Energy and the Transfer of Nuclear Material

The export of Australian uranium for peaceful purposes

Signed in Canberra on 28 February 1992; and entered into force on 17 July 1992.

Agreement between the Government of Australia and the Government of New Zealand concerning the Transfer of Uranium

The export of Australian uranium for peaceful purposes

Signed in Canberra on 14 September 1999; and entered into force on 1 May 2000.

Agreement for Cooperation between the Government of Australia and the Government of the United States of America concerning Technology for the Separation of Isotopes of Uranium by Laser Excitation (SILEX Agreement), Agreed Minute and Exchange of Notes

Applies to cooperation in research on and development and utilization of SILEX nuclear technology for peaceful purposes.

Signed in Washington on 28 October 1999; and entered into force on 24 May 2000 .

Agreement between the Government of Australia and the Government of the Czech Republic concerning Cooperation in the Peaceful Uses of Nuclear Energy and the Transfer of Nuclear Material

 

Signed in Prague on 27 July 2001; and entered into force on 17 May 2002.

Exchange of Notes Constituting an Agreement between Australia and the United States of America Concerning Cooperation on the Application of Non Proliferation Assurances on Retransfer to Taiwan

The Agreement facilitates the retransfer of Australian uranium to Taiwan for use in the generation of electricity via transfers to the United States.

Signed in Washington on 31 July 2001; and entered into force on 17 May 2002.

Agreement Between the Government of Australia and the Government of the Republic of Hungary on Cooperation in Peaceful Uses of Nuclear Energy and the Transfer of Nuclear Material

 

Signed in Budapest on 8 August 2001; and entered into force on 15 June 2002.

Agreement with the Argentine Republic concerning cooperation in the peaceful uses of nuclear energy

 

Signed in Canberra on 8 August 2001; and entered into force on 12 January 2005.

Agreement with the People’s Republic of China on the transfer of Nuclear Material

 

Signed in Canberra on 3 April 2006; and entered into force on 3 February 2007.

Agreement with the People’s Republic of China for Cooperation in the peaceful uses of Nuclear Energy

 

Signed in Canberra on 3 April 2006; and entered into force on 3 February 2007.

Agreement with the Russian Federation on Cooperation in the Use of Nuclear Energy for Peaceful Purposes

All Australian uranium is exported for exclusively peaceful purposes, and only to countries and parties with which Australia has a bilateral safeguards Agreement.

Signed in Sydney on 7 September 2007; but Agreement has not yet entered into force.

 

Other relevant agreements

Treaty Title

Purpose

Entry into Force for Australia

Exchange of Notes between Australia and Singapore constituting an Agreement concerning Cooperation in the Physical Protection of Nuclear Material

The agreement provides for application of physical protection measures to uranium ore concentrates when transhipped in Singapore.

Signed in Singapore and entered into force on 15 December 1989.

Agreement between Australia and the Republic of Indonesia on the Framework for Security Cooperation (Lombok Treaty)

The agreement includes provisions by which the parties undertake to cooperate on nuclear non-proliferation and on peaceful uses of nuclear energy.

Signed in Mataram, Lombok on 13 November 2006; and entered into force on 7 February 2008.

 

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