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Actions (6)

Date Senate Actions
09/25/2008Resolution of advice and consent to ratification agreed to in Senate by Division Vote.
09/25/2008Treaty moved through its parliamentary stages up to and including presentation of the resolution of advice and consent to ratification.
09/25/2008Considered by Senate. By Unanimous Consent.
09/16/2008Reported by Senator Biden, Committee on Foreign Relations with printed Ex. Rept.110-24 and a resolution of advice and consent to ratification with 1 reservation, 3 understandings, and 1 declaration. Executive Calendar No. 34.
05/07/2008Committee on Foreign Relations. Hearings held.
09/04/2007Received in the Senate and referred to the Committee on Foreign Relations pursuant to unanimous consent agreement removing the injunction of secrecy.

Titles

Formal Title: Amendment to the Convention on the Physical Protection of Nuclear Material (the "Amendment"). A conference of States Parties to the Convention on the Physical Protection of Nuclear Material, adopted on October 28, 1979, adopted the Amendment on July 8, 2005, at the International Atomic Energy Agency in Vienna.

Short Title: Amendment to Convention on Physical Protection of Nuclear Material


Resolution Text

As approved:

Resolved (two-thirds of the Senators present concurring therein),

SECTION 1. SENATE ADVICE AND CONSENT SUBJECT TO A RESERVATION, UNDERSTANDINGS, AND A DECLARATION.

The Senate advises and consents to the ratification of the Amendment to the Convention on the Physical Protection of Nuclear Material, adopted on July 8, 2005 (the ``Amendment'') (Treaty Doc. 110-6), subject to the reservation of section 2, the understandings of section 3, and the declaration of section 4.

SECTION 2. RESERVATION

The advice and consent of the Senate under section 1 is subject to the following reservation, which shall be included in the instrument of ratification:

Consistent with Article 17(3) of the Convention on the Physical Protection of Nuclear Material, the United States of America declares that it does not consider itself bound by Article 17(2) of the Convention on the Physical Protection of Nuclear Material with respect to disputes concerning the interpretation or application of the Amendment.

SECTION 3. UNDERSTANDINGS

The advice and consent of the Senate under section 1 is subject to the following understandings, which shall be included in the instrument of ratification:

(1) The United States of America understands that the term ``armed conflict'' in Paragraph 5 of the Amendment (Article 2 of the Convention on the Physical Protection of Nuclear Material, as amended) does not include internal disturbances and tensions, such as riots, isolated and sporadic acts of violence, and other acts of a similar nature.

(2) The United States of America understands that the term ``international humanitarian law'' in Paragraph 5 of the Amendment (Article 2 of the Convention on the Physical Protection of Nuclear Material, as amended) has the same substantive meaning as the law of war.

(3) The United States of America understands that, pursuant to Paragraph 5 of the Amendment (Article 2 of the Convention on the Physical Protection of Nuclear Material, as amended), the Convention on the Physical Protection of Nuclear Material, as amended, will not apply to: (a) the military forces of a State, which are the armed forces of a State organized, trained, and equipped under its internal law for the primary purpose of national defense or security, in the exercise of their official duties; (b) civilians who direct or organize the official activities of military forces of a State; or (c) civilians acting in support of the official activities of the military forces of a State, if the civilians are under the formal command, control, and responsibility of those forces.

SECTION 4. DECLARATION

The advice and consent of the Senate under section 1 is subject to the following declaration:

With the exception of the provisions that obligate the United States to criminalize certain offenses, make those offenses punishable by appropriate penalties, and authorize the assertion of jurisdiction over such offenses, this Amendment is self-executing. Included among the self-executing provisions are those provisions obligating the United States to treat certain offenses as extraditable offenses for purposes of bilateral extradition treaties. This Amendment does not confer private rights enforceable in United States courts.


Related Documents

Related Documents

Ex.Rept. 110-24


Index Terms

110-6
amendment
nuclear material
protection
td110-6