87 (2005) Nr. 3

A. TITEL

Internationaal Verdrag ter bestrijding van daden van nucleair terrorisme;

New York, 13 april 2005

B. TEKST

De Engelse en de Franse tekst van het Verdrag zijn geplaatst in Trb. 2005, 290.

C. VERTALING

Zie Trb. 2007, 205.

D. PARLEMENT

Bij brieven van 18 september 2009 (Kamerstukken II 2009/2010, 32166 (R1894), nr. 1) is het Verdrag in overeenstemming met artikel 2, eerste en tweede lid, en artikel 5, eerste en tweede lid, van de Rijkswet goedkeuring en bekendmaking verdragen overgelegd aan de Eerste en de Tweede Kamer der Staten-Generaal, de Staten van de Nederlandse Antillen en de Staten van Aruba.

De toelichtende nota die de brieven vergezelde, is ondertekend door de Minister van Justitie E. M. H. HIRSCH BALLIN en de Minister van Buitenlandse Zaken M. J. M. VERHAGEN.

De goedkeuring door de Staten-Generaal is verleend op 12 november 2009.

E. PARTIJGEGEVENS

Zie Trb. 2007, 205.

Partij

Onder tekening

Ratificatie

Type*

In werking

Opzegging

Buiten werking

Afghanistan

29-12-05

         

Albanië

23-11-05

         

Andorra

11-05-06

         

Antigua en Barbuda

 

01-12-09

T

31-12-09

   

Argentinië

14-09-05

         

Armenië

15-09-05

         

Australië

14-09-05

         

Azerbeidzjan

15-09-05

28-01-09

R

27-02-09

   

Bahrein

 

04-05-10

T

03-06-10

   

Bangladesh

 

07-06-07

T

07-07-07

   

Belarus

15-09-05

13-03-07

R

07-07-07

   

België

14-09-05

02-10-09

R

01-11-09

   

Benin

15-09-05

         

Bosnië en Herzegovina

07-12-05

         

Brazilië

16-09-05

25-09-09

R

25-10-09

   

Bulgarije

14-09-05

         

Burkina Faso

21-09-05

         

Burundi

29-03-06

24-09-08

R

24-10-08

   

Cambodja

07-12-06

         

Canada

14-09-05

         

Centraal Afrikaanse Republiek

 

19-02-08

T

20-03-08

   

Chili

22-09-05

         

China

14-09-05

         

Colombia

01-11-06

         

Comoren, de

 

12-03-07

T

07-07-07

   

Costa Rica

15-09-05

         

Cuba

 

17-06-09

T

17-07-09

   

Cyprus

15-09-05

28-01-08

R

27-02-08

   

Denemarken

14-09-05

20-03-07

R

07-07-07

   

Djibouti

14-06-06

         

Dominicaanse Republiek, de

 

11-06-08

T

11-07-08

   

Duitsland

15-09-05

08-02-08

R

09-03-08

   

Ecuador

15-09-05

         

Egypte

20-09-05

         

El Salvador

16-09-05

27-11-06

R

07-07-07

   

Estland

14-09-05

         

Fiji-eilanden

 

15-05-08

T

14-06-08

   

Filipijnen, de

15-09-05

         

Finland

14-09-05

13-01-09

R

12-02-09

   

Frankrijk

14-09-05

         

Gabon

15-09-05

01-10-07

R

31-10-07

   

Georgië

 

23-04-10

T

23-05-10

   

Ghana

06-11-06

         

Griekenland

15-09-05

         

Guatemala

20-09-05

         

Guinee

16-09-05

         

Guinee-Bissau

 

06-08-08

T

05-09-08

   

Guyana

15-09-05

         

Hongarije

14-09-05

12-04-07

R

07-07-07

   

Ierland

15-09-05

         

IJsland

16-09-05

         

India

24-07-06

01-12-06

R

07-07-07

   

Israël

27-12-06

         

Italië

14-09-05

         

Jamaica

05-12-06

         

Japan

15-09-05

03-08-07

R

02-09-07

   

Jordanië

16-11-05

         

Kazachstan

16-09-05

31-07-08

R

30-08-08

   

Kenia

15-09-05

13-04-06

R

07-07-07

   

Kiribati

15-09-05

26-09-08

R

26-10-08

   

Koeweit

16-09-05

         

Kroatië

16-09-05

30-05-07

R

07-07-07

   

Kyrgyzstan

05-05-06

02-10-07

R

01-11-07

   

Lesotho

16-09-05

         

Letland

16-09-05

25-07-06

R

07-07-07

   

Libanon

23-09-05

13-11-06

R

07-07-07

   

Liberia

16-09-05

         

Libië

16-09-05

22-12-08

R

21-01-09

   

Liechtenstein

16-09-05

25-09-09

R

25-10-09

   

Litouwen

16-09-05

19-07-07

R

18-08-07

   

Luxemburg

15-09-05

02-10-08

R

01-11-08

   

Macedonië, Voormalige Joegoslavische Republiek

16-09-05

19-03-07

R

07-07-07

   

Madagaskar

15-09-05

         

Malawi

 

07-10-09

T

06-11-09

   

Maleisië

16-09-05

         

Mali

 

05-11-09

T

05-12-09

   

Malta

15-09-05

         

Marokko

19-04-06

31-03-10

R

30-04-10

   

Mauritanië

 

28-04-08

T

28-05-08

   

Mauritius

14-09-05

         

Mexico

12-01-06

27-06-06

R

07-07-07

   

Moldavië

16-09-05

18-04-08

R

18-05-08

   

Monaco

14-09-05

         

Mongolië

03-11-05

06-10-06

R

07-07-07

   

Montenegro

           

Mozambique

01-05-06

         

Nederlanden, het Koninkrijk der

16-09-05

         

– Nederland

 

30-06-10

R

30-07-10

   

– Ned. Antillen

 

 

   

– Aruba

 

 

   

Nicaragua

15-09-05

25-02-09

R

27-03-09

   

Nieuw-Zeeland

14-09-05

         

Niger

 

02-07-08

T

01-08-08

   

Noorwegen

16-09-05

         

Oekraïne

14-09-05

25-09-07

R

25-10-07

   

Oezbekistan

 

29-04-08

T

29-05-08

   

Oost-Timor

16-09-05

         

Oostenrijk

15-09-05

14-09-06

R

07-07-07

   

Palau

15-09-05

         

Panama

21-02-06

21-06-07

R

21-07-07

   

Paraguay

16-09-05

29-01-09

R

28-02-09

   

Peru

14-09-05

29-05-09

R

28-06-09

   

Polen

14-09-05

08-04-10

R

08-05-10

   

Portugal

21-09-05

         

Qatar

16-02-06

         

Roemenië

14-09-05

24-01-07

R

07-07-07

   

Russische Federatie

14-09-05

29-01-07

R

07-07-07

   

Rwanda

06-03-06

         

Saint Vincent en de Grenadines

 

08-07-10

T

07-08-10

   

Salomonseilanden

 

24-09-09

T

24-10-09

   

Sao Tomé en Principe

19-12-05

         

Saudi-Arabië

26-12-06

07-12-07

R

06-01-08

   

Senegal

21-09-05

         

Servië

15-09-05

26-09-06

R

07-07-07

   

Seychellen, de

07-10-05

         

Sierra Leone

14-09-05

         

Singapore

01-12-06

         

Slovenië

14-09-05

17-12-09

R

16-01-10

   

Slowakije

15-09-05

23-03-06

R

07-07-07

   

Spanje

14-09-05

22-02-07

R

07-07-07

   

Sri Lanka

14-09-05

27-09-07

R

27-10-07

   

Swaziland

15-09-05

         

Syrië

14-09-05

         

Tadzjikistan

14-09-05

         

Thailand

14-09-05

         

Togo

15-09-05

         

Tsjechië

15-09-05

25-07-06

R

07-07-07

   

Turkije

14-09-05

         

Turkmenistan

 

28-03-08

T

27-04-08

   

Uruguay

16-09-05

         

Verenigd Koninkrijk, het

14-09-05

24-09-09

R

24-10-09

   

Verenigde Arabische Emiraten, de

 

10-01-08

T

09-02-08

   

Verenigde Staten van Amerika, de

14-09-05

         

Zuid-Afrika

14-09-05

09-05-07

R

07-07-07

   

Zuid-Korea

16-09-05

         

Zweden

14-09-05

         

Zwitserland

14-09-05

15-10-08

R

14-11-08

   

* O=Ondertekening zonder voorbehoud of vereiste van ratificatie, R= Bekrachtiging, aanvaarding, goedkeuring of kennisgeving, T=Toetreding, VG=Voortgezette gebonden heid, NB=Niet bekend

Verklaringen, voorbehouden en bezwaren

Argentinië, 14 september 2005

Pursuant to article 23, paragraph 2, the Republic of Argentina declares that it does not consider itself bound by paragraph 1 of article 23 and, as a consequence, does not recognize either the compulsary arbitration or the compulsory jurisdiction of the International Court of Justice.

Azerbeidzjan, 15 september 2005 en 28 januari 2009

In accordance with paragraph 1 of Article 23 the Republic of Azerbaijan declares that it does not consider itself bound by paragraph 1 of Article 23 of the Convention.

The Republic of Azerbaijan declares that it will be unable to guarantee compliance with the provisions of the Convention in its territories occupied by the Republic of Armenia until these territories are liberated from that occupation.

Bahrein, 4 mei 2010

The Kingdom of Bahrain does not consider itself bound by the provisions of article 23, paragraph 1, of this Convention.

Bangladesh, 7 juni 2007

Pursuant to Article 23, paragraph 2 of the Convention, [the] People's Republic of Bangladesh does not consider itself bound by the provisions of Article 23, paragraph 1 of the Convention.

Belarus, 13 maart 2007

Notification under article 7 (4)

The State Security Agency of the Republic of Belarus, the Prosecutor's Office of the Republic of Belarus , the Ministry of the Interior of the Republic of Belarus, the Ministry for Emergency Situations of the Republic of Belarus, the State Border Guard Committee of the Republic of Belarus, the State Customs Committee of the Republic of Belarus are the Competent authorities responsible for sending and receiving the information refered to in article 7 of the Convention.

State Security Agency of the Republic of Belarus

17, Nezavisimosti av.,

220050, Minsk,

Republic of Belarus

tel: (+375 17) 219 92 21

fax: (+375 17) 226 00 38

Prosecutor's Office of the Republic of Belarus

22, Internacionalnaya str.,

220050, Minsk,

Republic of Belarus

tel: (+375 17) 227 31

fax: (+375 17) 226 42 52

Ministry of the Interior of the Republic of Belarus

4, Gorodskoy val str.,

220050, Minsk,

Republic of Belarus

tel: (+375 17) 218 78 95

Fax: (+375 17) 229 78 40

Ministry for Emergency Situations of the Republic of Belarus

5, Revolucionnaya str.,

220050, Minsk,

Republic of Belarus

tel: (+375 17) 203 88 00

Fax: (+375 17) 203 77 81

State Border Guard Committee of the Republic of Belarus

24, Volodarski str.,

220050, Minsk,

Republic of Belarus

tel: (+375 17) 206 54 06

fax: (+375 17) 227 70 03

State Customs Committee of the Republic of Belarus

45/1 Mogilevskaya str.,

220007, Minsk,

Republic of Belarus

tel: 218-90-00

fax: 218-91-97

Notification under article 9 (3)

The Republic of Belarus establishes its jurisdiction over the offences set forth in article 2 in cases envisaged in paragraph 2 of article 9 of the Convention.

België, 2 oktober 2009

The Kingdom of Belgium declares that the competent authorities and liaison points designated in implementation of article 7, paragraph 4, are:

Agence fédérale de contrôle nucleaire/Federaal agentschap voor nucleaire controle (Federal Agency for Nuclear Control)

Rue Ravenstein 36

B-1000 Brussels

Tel: +32 (02) 289.21.11

Fax: +32 (02) 289.21.12

Organe de coordination pour l'analyse de la menace/Coördinatieorgaan voor de dreigingsanalyse/Coordination Unit for Threat Analysis

Rue de la Loi 62

B-1040 Brussels

Tel: +32 (02) 238.56.11

Fax: +32 (02) 217.57.29

Service Public Fédéral Interieur - Direction générale Centre de crise/Federale Overheidsdienst Binnenlandse Zaken - Algemene Directie Crisiscentrum (Ministry of the Interior - Crisis Centre)

Rue Ducale 53

B-1000 Brussels

Tel: +32 (02) 506.47.11

Fax: +32 (02) 506.47.09.

België, 2 oktober 2009

The Kingdom of Belgium declares that only nuclear materials and facilities containing nuclear materials are covered by article 18, paragraph 1(b) and (c).

Cuba, 17 juni 2009

The Republic of Cuba declares, pursuant to article 23, paragraph 2, that it does not consider itself bound by the provisions of paragraph 1 of this article with respect to the settlement of disputes arising between States Parties which, in its view, should be resolved through amicable negotiations, and it also declares that it does not recognize the compulsory jurisdiction of the International Court of Justice.

Cuba, 17 juni 2009

The Republic of Cuba declares that nothing in article 4, paragraph 2, can be construed as encouraging or condoning the use or threat of use of force in international relations which should, in all circumstances, be strictly governed by the principles of international law and the purposes and principles of the Charter of the United Nations.

Cuba also holds the view that the relations between States should be based on the provisions of General Assembly resolution 2625 (XXV).

Furthermore, State terrorism has historically been a fundamental concern for Cuba, which believes that its total eradication through mutual respect, friendly relations and cooperation among States, and full respect for the principles of sovereignty, territorial integrity, self-determination and non-interference in internal affairs should constitute a priority for the international community.

Therefore, Cuba is firmly of the view that the improper use of the armed forces of a State to commit aggression against another State is not countenanced by this Convention, the purpose of which is specifically to combat one of the most deleterious scourges facing the modern world.

To condone acts of aggression would effectively mean to condone breaches of international law and the Charter, and to set off conflicts with unpredicatable consequences that would undermine the necessary cohesion of the international community in the fight against the real scourges afflicting the world.

Moreover, it is the understanding of the Republic of Cuba that the full extent of the provisions of this Convention will apply to the activities conducted by the armed forces of a state against another in the absence of an armed conflict between the two.

Lastly, Cuba wishes to place on record that a United States naval base is located, against the will of the Cuban people and Government, in the province of Guantanamo, a portion of Cuban territory over which the Cuban State does not exercise its rightful jurisdiction because of the unlawful occupation of such portion of its territory by the United States of America. Consequently, the Government of Cuba assumes no responsibility for that portion of its territory for the purposes of the Treaty, since it does not know whether the United States of America has installed, possesses, maintains or intends to install nuclear material, including nuclear weapons, on that portion of unlawfully occupied Cuban territory.

Denemarken, 20 maart 2007

...until further decision, the Convention shall not apply to the Faroe Islands and Greenland.

Duitsland, 13 april 2005

...with reference to Article 9, paragraph 3 of the Convention, ...the Federal Republic of Germany [makes] the following declaration:

German criminal law may be applicable in the situations specified in article 9, paragraph 2.

  • 1. Article 9, paragraph 2 (a)

    Whether German criminal law is applicable depends on the specific circumstances of the individual case.

    If offences under the Convention are committed against a German national abroad, German criminal law is applicable in accordance with section 7 (1) of the Criminal Code, provided the act is punishable at the place of its commission or the place of its commission is not subject to any criminal jurisdiction.

    If the objective or result of the offence is a relevant act within German territory, section 9 of the Criminal Code may be applicable in certain cases. Pursuant to subsection (1) of section 9, German criminal law is applicable if the perpetrator acted in Germany, or if the result of his action is an element of the offence and occurs on German territory or should occur there according to his understanding. Pursuant to subsection (2), acts committed abroad by an accessory may also be covered if the principal act was committed in Germany or should have been committed there according to the accessory's understanding.

  • 2. Article 9, paragraph 2 (b)

    Here, too, whether German criminal law is applicable depends on the specific circumstances of the individual case. German law may be applicable if one of the special circumstances mentioned above with respect to subparagraph (a) or below with respect to subparagraph (c) or (d) is given. In addition to those cases, German criminal law may also be applicable pursuant to section 6, paragraph 9 of the Criminal Code in conjunction with the Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents, of 14 December 1973.

  • 3. Article 9, paragraph 2 (c)

    German criminal law is applicable pursuant to section 7 (2) paragraph 2, regardless of the habitual residence of the stateless person, if he/she is found to be in Germany and the act is punishable at the place of its commission or is not subject to any criminal jurisdiction, if the perpetrator has not been extradited although the Extradition Act would permit extradition for such an act, because a request for extradition was not made within a reasonable period, has been rejected, or the extradition is not practicable. German criminal jurisdiction is thus excluded for various types of offences, in particular, minor offences, political offences and military offences (sections 3 (2) , 6 and 7 of the Act on International Legal Assistance in Criminal Matters respectively). Stateless persons are foreigners within the meaning of section 7 (2) 2 of the Criminal Code.

  • 4. Article 9, paragraph 2 (d)

    German criminal law is applicable pursuant to section 9 (1) of the Criminal Code, if the compulsion is part of the result of the act, and such result is an element of the crime.

  • 5. Article 9, paragraph 2 (e)

    Pursuant to section 4 of the Criminal Code, German criminal law is applicable to acts committed in an aircraft which is entitled to fly the federal flag or the national insignia of the Federal Republic of Germany (see also article 9, paragraph 1 (b), of the Convention).

Duitsland, 1 augustus 2008

[...] notification pursuant to article 7 (4) of the International Convention for the Suppression of Acts of

Nuclear Terrorism as follows:

Bundeskriminalamt (BKA) (Federal Criminal Police Office)

Referat ST 23 (Division ST 23)

Paul-Dickopf-Str.2

D-53340 Meckenheim

Federal Republic of Germany

Contactability during working hours (from 7.30 hrs to 16.00 hrs on working days):

Referat ST 23

phone: +49 2225 89 22588/-23951; fax: +49 2225 89 45455

email: st23@bka.bund.de

Contactability outside working hours:

Kriminaldauerdienst (Permanent Criminal Police Service)

Phone: +49 2225 89 22042/-22043; fax: +49 611 5545424/-5545425

email: zd11kddmeckenheim@bka.bund.de.

Egypte, 20 september 2005

  • 1. The Arab Republic of Egypt declares its commitment to article 4 of the Convention provided that the armed forces of a State do not violate the rules and principles of international law in the exercise of their duties under that article, and also provided that the article is not interpreted as excluding the activities of armed forces during an armed conflict from the scope of application of this Convention on the grounds that the activities of States - under certain legal circumstances - are not considered terrorist activities.

  • 2. The Arab Republic of Egypt declares that it does not consider itself bound by paragraph 1 of article 23 of the Convention.

Bezwaar door Duitsland, 8 februari 2008

... with regard to the reservation made by the Arab Republic of Egypt upon signature:

The Government of the Federal Republic of Germany has carefully examined the declaration, described as a reservation, relating to article 4 [“paragraph 2 and paragraph 3“] of the International Convention for the Suppression of Acts of Nuclear Terrorism made by the Government of the Arab Republic of Egypt at the time of its ratification of the Convention.

In this declaration the Government of the Arab Republic of Egypt declares its commitment to article 4 of the Convention provided that the armed forces of a State do not violate the rules and principles of international law in the exercise of their duties under that article, and also provided that the article is not interpreted as excluding the activities of armed forces during an armed conflict from the scope of application of this Convention on the grounds that the activities of States - under certain legal circumstances - are not considered terrorist activities.

However, article 4, paragraph 2, of the Convention states that the activities of armed forces during an armed conflict, as those terms are understood under international humanitarian law, which are governed by that law, as well as the activities undertaken by military forces of a State in the exercise of their official duties, inasmuch as they are governed by other rules of international law, are not governed by this Convention. Moreover, and according to article 4, paragraph 3, the provisions of article 4, paragraph 2, shall not be interpreted as condoning or making lawful otherwise unlawful acts, or precluding prosecution under other laws. The declaration by the Arab Republic of Egypt thus aims to broaden the scope of the Convention.

The Government of the Federal Republic of Germany is of the opinion that the Government of the Arab Republic of Egypt is only entitled to make such a declaration unilaterally for its own armed forces, and it interprets the declaration as having binding effect only on armed forces of the Arab Republic of Egypt. In the view of the Government of the Federal Republic of Germany, such a unilateral declaration cannot apply to the armed forces of other States Parties without their express consent. The Government of the Federal Republic of Germany therefore declares that it does not consent to the Egyptian declaration as so interpreted with regard to any armed forces other than those of the Arab Republic of Egypt, and in particular does not recognize any applicability of the Convention to the armed forces of the Federal Republic of Germany.

The Government of the Federal Republic of Germany also emphasizes that the declaration by the Arab Republic of Egypt has no effect whatsoever on the Federal Republic of Germany's obligations as State Party to the International Convention for the Suppression of Acts of Nuclear Terrorism or on the Convention's applicability to armed forces of the Federal Republic of Germany.

The Government of the Federal Republic of Germany regards the International Convention for the Suppression of Acts of Nuclear Terrorism as entering into force between the Federal Republic of Germany and the Arab Republic of Egypt subject to a unilateral declaration made by the Government of the Arab Republic of Egypt, which relates exclusively to the obligations of the Arab Republic of Egypt and to the armed forces of the Arab Republic of Egypt.

Bezwaar door Italië, 27 maart 2007

AThe Permanent Mission of Italy has the honor to refer to the reservation made by the Arab Republic of Egypt to article 4 of the Convention, which would extend the application of the Convention to include the armed forces of a State when they “violate the rules and principles of international law in the exercise of their duties.“ Such activities would otherwise be excluded from the Convention by article 4. It is the opinion of Italy that Egypt cannot unilaterally extend the obligations of the other States Parties under the Convention, without their express consent, beyond those set out in the Convention.

Italy wishes to make clear that it does not consent to this expansion of the scope of application of the Convention, and that it does not consider the Egyptian declaration to have any effect on the obligations of Italy under the Convention or on the application of the Convention to the armed forces of Italy.

Italy thus regards the unilateral declaration made by the Government of Egypt as applying only to the obligations of Egypt under the Convention and only to the armed forces of Egypt.

Bezwaar door Letland, 6 december 2006

The Government of the Republic of Latvia has examined the reservation made by the Arab Republic of Egypt to the International Convention on the Suppression of the Acts of Nuclear Terrorism upon signature to the Convention regarding Article 4.

The Government of the Republic of Latvia is of the opinion that this reservation contradicts to the objectives and purposes of the International Convention to suppress the acts of nuclear terrorism wherever and by whomsoever they may be carried out.

The Government of the Republic of Latvia recalls that customary international law as codified by Vienna Convention on the Law of Treaties, and in particular Article 19 (c), sets out that reservations that are incompatible with the object and purpose of a treaty are not permissible.

The Government of the Republic of Latvia therefore objects to the aforesaid reservation made by the Arab Republic of Egypt to the International Convention for the Suppression of the Financing of Terrorism.

However, this objection shall not preclude the entry into force of the Convention between the Republic of Latvia and the Arab Republic of Egypt. Thus, the International Convention will become operative without the Arab Republic of Egypt benefiting from its reservation.

El Salvador, 27 november 2006

With reference to article 13 of this Convention, the Government of the Republic of El Salvador does not consider itself bound by the provisions of this article because it does not consider the Convention to be a legal basis for cooperation in extradition matters. Similarly, with reference to article 23 of the Convention, the Government of the Republic of El Salvador does not consider itself bound by the provisions of paragraph 1 of this article because it does not recognize the compulsory jurisdiction of the International Court of Justice.

Georgië, 23 april 2010

.... the Government of Georgia makes reservation that it does not consider itself bound by article 23, paragraph 1 of the International Convention for the Suppression of Acts of Nuclear Terrorism to submit to arbitration disputes concerning the interpretation or application of the Convention at the request of one of the State Party.

In accordance with article 9, paragraph 3 of the Convention, Georgia establishes its jurisdiction over offences provided in article 9, paragraph 2, subparagraphs (a), (b), (c) and (d) of the Convention;

In accordance with article 7, paragraph 4 of the Convention, Georgia designates as the competent authority and liaison point:

Special Operations Center, the Ministry of Internal Affairs of Georgia

Vazha-Pshavela Ave N 72, Georgia 0186

Tel. +(995 32) 412382

Fax: +(995 32) 301029.

Hongarije, 13 juni 2007

According to Article 7 of the International Convention for Suppression of Acts of Nuclear Terrorism,.... the Republic of Hungary hereby informs the Secretary-General of the United Nations about the competent Hungarian authority and liaison point, as follows:

International Law Enforcement Cooperation Centre

Message Response and International Telecommunication Division

Tel: + 36-1-443-5557

Fax: + 36-1-443-5815

email: intercom@orfk.police.hu

...the Republic of Hungary establishes its jurisdiction in cases mentioned in Article 9 (2) (b) and (e) of the Convention.

India, 1 december 2006

India does not consider itself bound by the provision of Paragraph (1) of Article 23.

Japan, 3 augustus 2007

In accordance with paragraph 4 of Article 7 of the Convention, Japan hereby informs ... of its

competent authorities and liaison points, as follows:

Counter International Terrorism Division, Foreign Affairs and Intelligence Department,

Security Bureau, National Police Agency

tel: +81-3-3581-0141 (ext. 5961)

fax:: +81-3-3591-6919

Public Security Division, Criminal Affairs Bureau, Ministry of Justice

tel: +81-3-3592-7059

fax:: +81-3-3592-7066

International Nuclear Cooperation Division, Disarmament, Non-Proliferation and Science

Department, Foreign Policy Bureau, Ministry of Foreign Affairs

tel: +81-3-5501-8227

fax:: +81-3-5501-8230

Nuclear Safety Division, Science and Technology Policy Bureau, Ministry of Education,

Culture, Sports, Science and Technology

tel: +81-3-6734-4024 (primary), +81-90-3401-6962, +81-90-3346-8472

fax:: +81-3-5288-5031

International Affairs Office, Policy Planning and Coordination Division, Nuclear and

Industrial Safety Agency, Ministry of Economy, Trade and Industry

tel: +81-3-3501-1087

fax: +81-3-3580-8460

Technology and Safety Division, Policy Bureau, Ministry of Land, Infrastructure and

Transport

tel: +81-3-5253-8308

fax: + 81-3-5223-1560

In accordance with paragraph 3 of Article 9 of the Convention, Japan hereby also notifies ...

that, in accordance with paragraph 2 (2) and (3) of Article 3 of [Penal] Code of Japan, it has established

its jurisdiction over the offences set forth in Article 2 of the Convention in the case specified in

paragraph 2 (a) of Article 9 provided that such offences constitute murder, attempted murder, bodily

injury and bodily injury resulting in death to Japanese nationals.

Letland, 25 juli 2006

In accordance with paragraph 3 of the Article 9 of the Convention, the Republic of Latvia notifies that it has established its jurisdiction over all the offences enumerated in the paragraph 2 of the Article 9 of the Convention.

.....in accordance with paragraph 4 of the article 7 of the above-mentioned Convention, the Republic of Latvia declares that the competent authority and liaison point responsible for sending and receiving the information referred to in article 7 of the Convention is:

Security Police

Kr. Barano Str. 99a,

Riga, LV-1012

Latvia

Phone: +371 7208964

Fax: +371 7273373

E-mail: dp@dp.gov.lv

Litouwen, 19 juli 2007

...whereas, it is provided in paragraph 3 of Article 9 of the Convention, the Seimas of the Republic of Lithuania declares that the Republic of Lithuania establishes its jurisdiction over the offences set forth in Article 2 of the Convention in all cases specified in paragraph 2 of Article 9 of the Convention.

... whereas, it is provided in paragraph 4 of Article 7 of the Convention, the Seimas of the Republic of Lithuania declares thet the competent authority responsible for sending and receiving the information refered to in the present article is the State Security Department (SSD) of the Republic of Lithuania.

The address of the State Security Department (SSD) of the Republic of Lithuania is: Vytenio St. 1, LT-2009, Vilnius Republic of Lithuania. Phone/Fax: (+370 5) 2312602, E-mail: vsd@commat;vsd.lt.

Marokko, 31 maart 2010

The Kingdom of Morocco does not consider itself bound by article 23, paragraph 1, which provides that any dispute between two or more States Parties concerning the interpretation or application of this Convention which cannot be settled through negotiation or by other means may be referred to the International Court of Justice by application of one of the concerned parties.

The Kingdom of Morocco declares that a dispute may be referred to the International Court of Justice only by agreement of all concerned parties on a case-by-case basis.

Moldavië, 18 april 2008

Until the full re-establishment of the territorial integrity of the Republic of Moldova, the provisions of the Convention will be applied only on the territory controlled effectively by the authorities of the Republic of Moldova.

According to the Article 9 paragraph (3) of the Convention: the Republic of Moldova declares that the offences specified in the Article 2 of the Convention are going to be under its own jurisdiction in cases mentioned in the Article 9 paragraph (2) of this Convention.

Montenegro, 23 oktober 2006

[The Government of] ... the Republic of Montenegro decided to succeed to the treaties to which the State Union of Serbia and Montenegro was a party or signatory.

[The Government of] ... the Republic of Montenegro succeeds to the treaties listed in the attached Annex and undertakes faithfully to perform and carry out the stipulations therein contained as from June 3rd 2006, which is the date the Republic of Montenegro assumed responsibility for its international relations and the Parliament of Montenegro adopted the Declaration of Independence.

[The Government of] ... the Republic of Montenegro does maintain the reservations, declarations and objections made by Serbia and Montenegro, as indicated in the Annex to this instrument, prior to the date on which the Republic of Montenegro assumed responsibility for its international relations.

Nederlanden, het Koninkrijk der, 30 juni 2010

The competent authority and liaison point for the Kingdom of the Netherlands, for the Kingdom in Europe, is:

The National Public Prosecutor on Counter Terrorism,

National Public Prosecutor's Service

P.O. Box 395

3000 AJ Rotterdam

The Netherlands

Telephone: +31 (0)10-4966966

In accordance with Article 9, paragraph 3, and with reference to Article 9, paragraph 2, under a, of the Convention, the Kingdom of the Netherlands, for the Kingdom in Europe, has established jurisdiction over the offences under the Convention when the offence is committed against a Dutch national.

Oezbekistan, 29 april 2008

  • 1) to paragraph 4 of Article 7 of the Convention: The Republic of Uzbekistan notifies that National Security Service of the Republic of Uzbekistan is pointed as the competent authority, responsible for sending and receiving the information referred to in the article 7 of the Convention;

  • 2) to paragraph 3 of Article 9 of the Convention: The Republic of Uzbekistan notifies that it has established jurisdiction over criminal acts recognized under Article 2 of the Convention, in the cases described in paragraphs 1 and 2 of Article 9 of the Convention;

  • 3) to Article 16 of the Convention: The Republic of Uzbekistan proceeds from the fact that the provisions of Article 16 of the Convention should be applied in such a way as to ensure the inevitability of responsibility for the crimes falling within the scope of the Convention, without prejudice to the effectiveness of international cooperation on extradition and legal assistance;

  • 4) to paragraph 2 of Article 23 of the Convention: The Republic of Uzbekistan declares that it does not consider itself bound by the provisions of paragraph 1 of article 23 of the Convention.

Oostenrijk, 2 maart 2007

Bundesamt für Verfassungsschutz und Terrorismusbekämpfung (BTV)

(Federal Agency for State Protection and Counter Terrorism)

c/o Federal Ministry of the Interior

Herrengasse 7

A-1014 Vienna

Austria

Polen, 6 mei 2010

.... the following entity has been designated, in accordance with Article 7 paragraph 4 of the International Convention for the Suppression of Acts of Nuclear Terrorism, done at New York on 13 April 2005, as a liaison point responsible for sending and receiving information referred to in Article 7 of the Convention:

Centrum Antyterrorystyczne Agencji Bezpieczeñstwa Wewnêtrznego

(Anti-Terrorism Center of the Internal Security Agency)

00-993 Warszawa, ul. Rakowiecka 2a

Phone: +48 22 58 59 966

Fax: +48 22 58 57 178

E-mail: cat@abw.gov.pl

Qatar, 16 februari 2006

....with reservation on the provisions of paragraph (1) of article 23 of the Convention.

Roemenië, 24 januari 2007

In accordance with Article 9, paragraph 3 of the Convention, Romania declares that it establishes its jurisdiction over the offences set forth in Article 2, in all cases referred to in Article 9, paragraphs 1 and 2, in accordance with the applicable provisions of the domestic law.

Russische Federatie, 29 januari 2007

  • 1) The Russian Federation declares that in accordance with paragraph 3 of article 9 of the Convention it has established its jurisdiction over the offences set forth in article 2 of the Convention in cases envisaged in paragraphs 1 and 2 of article 9 of the Convention;

  • 2) The position of the Russian Federation is that the provisions of article 16 of the Convention should be implemented in such a way as to ensure the inevitability of responsibility for the commission of offences falling within the scope of the Convention, without detriment to the effectiveness of international cooperation on the questions of extradition and legal assistance.

Saint Vincent en de Grenadines, 7 juli 2010

...., in accordance with Article 23, paragraph 2 of that Convention, the Government of Saint Vincent and the Grenadines declares that Saint Vincent and the Grenadines does not consider itself bound by Article 23, paragraph 1, of the Convention. The Government of Saint Vincent and the Grenadines considers that for the submission of any dispute to arbitration or to the International Court of Justice in terms of Article 23, paragraph 1, the consent of all parties to the dispute is required in each case.

Saudi-Arabië, 7 december 2007

The Secretary-General of the United Nations is hereby notified that the Kingdom has decided to establish the jurisdiction provided for in article 9, paragraph 2 of the Convention.

The Kingdom hereby declares that it does not consider itself bound by article 23, paragraph 1 of the Convention.

The Permanent Mission of Saudi Arabia wishes to convey also that the authorities to contact in the Kingdom of Saudi Arabia regarding sending and receiving information on article (7) of this convention are the Ministry of the Interior and the City of King Abdulaziz for Science and Technology.

Slovenië, 13 januari 2010

In accordance with Article 7 (4) of the International Convention for the Suppression of Acts of Nuclear Terrorism, the Republic of Slovenia hereby communicates that the organ competent for sending and receiving information pursuant to Article 7 of the Convention is the Ministry of Interior of the Republic of Slovenia, General Police Directorate, Criminal Police Directorate, International Police Cooperation Division.

In accordance with Article 9 (3) of the Convention, the Republic of Slovenia hereby declares, that it has jurisdiction over all cases, defined in paragraphs 1 and 2 of Article 9 of the Convention.

Slowakije, 23 maart 2006

Pursuant to article 9, paragraph 3, of the International Convention for the Suppression of Acts of Nuclear Terrorism, the Slovak Republic notifies that it has established its jurisdiction in accordance with article 9, paragraph 2, subparagraphs (c), (d) and (e) of the Convention.

Tsjechië, 25 juli 2006

In accordance with article 9, paragraph 3 of the Convention, the Czech Republic notifies that it has established its jurisdiction over the offences set forth in article 2 of the Convention in cases referred to in article 9, subparagraph 2 (c) and 2 (d) of the Convention.

....in accordance with article 7, paragraph 4 of the above-mentioned Convention, that the competent authority and liaison point responsible for sending and receiving the information refered to in article 7 of the Convention are:

Police of the Czech Republic

Organized Crime Detection Unit

Arms Traffic Division

P.O. Box 41 - V2

15680 Praha 5 - Zbraslav

Czech Republic

Tel.: + 420974842420

Fax: + 420974842596

e-mail: v2uuoz@mvcr.cz

24-hour phone service: - Operations Center: + 420974842690, + 420974842694

Cpt. Pavel Osvald: + 420603191064

Lt.Col. Jan Svoboda: + 420603190355

Tsjechië, 20 april 2009

The Permanent Mission of the Czech Republic to the United Nations, OSCE and other International Organisations in Vienna presents its compliments to the United Nations Office on Drugs and Crime and has the honour to refer to the Depositary Notification Ref. C.N.647.2006.TREATIES-16 of 8 August 2006 containing, inter alia, the designation of competent authorities of the Czech Republic responsible for sending and receiving the information referred to in the article 7 of the International Convention for the Suppression of Acts of Nuclear Terrorism of 13 April 2005.

The Permanent Mission of the Czech Republic to the United Nations, OSCE and other International Organisations in Vienna has the honour to advise that the information contained in the above notification needs to be partially actualized and revised. Therefore, the Permanent Mission of the Czech Republic to the United Nations, OSCE and other International Organisations in Vienna has the honour to inform, in accordance with article 7, paragraph 4 of the International Convention for the Suppression of Acts of Nuclear Terrorism of 13 April 2005, that the competent authority and liaison point responsible for sending and receiving the information referred to in the article 7 of the Convention are:

Police of the Czech Republic

Organised Crime Detection Unit

Arms Traffic Division

P.O. Box 41 - V2

156 80 Praha 5 - Zbraslav

Czech Republic

Tel.: +420974842420

Fax: +420974842596

e-mail: v2uooz@mvcr.cz

Operations Center (24-hour phone service):

tel.: +420974842689, +420974842690, +420974842694

fax: +420974842586

Turkije, 14 september 2005

It is the understanding of the Republic of Turkey that the term international humanitarian law in Article 4(2) of the International Convention for the Suppression of Acts of Nuclear Terrorism, refers to the legal instruments to which Turkey is already party to. The Article should not be interpreted as giving a different status to the armed forces and groups other than the armed forces of a state as currently understood and applied in international law and thereby creating new obligation for the Republic of Turkey.

Pursuant to Article 23(2) of the Convention, the Government of the Republic of Turkey declares that it does not consider itself bound by article 23(1) of the Convention.

Bezwaar door Letland, 22 december 2006

The Government of the Republic of Latvia has examined the reservation and declaration made by the Republic of Turkey to the International Convention on the Suppression of the Acts of Nuclear Terrorism upon signature to the Convention regarding Article 4 (2).

The Government of the Republic of Latvia is of the opinion that this declaration is in fact unilateral act that is deemed to limit the scope of the Convention and therefore should be regarded as reservation. Thus, this reservation contradicts to the objectives and purposes of the Convention on the suppression the commitment of the acts of nuclear terrorism wherever and by whomsoever they may be carried out.

Moreover, the Government of the Republic of Latvia considers that the reservation named as a declaration conflicts with the terms of Article 4 (1).

Therefore, the Government of the Republic of Latvia is of the opinion that this declaration reservation contradicts to the objectives and purposes of the International Convention to suppress the acts of nuclear terrorism wherever and by whomsoever they might be carried out.

The Government of the Republic of Latvia recalls that customary international law as codified by Vienna Convention on the Law of Treaties, and in particular Article 19 (c), sets out that reservations that are incompatible with the object and purpose of a treaty are not permissible.

The Government of the Republic of Latvia therefore objects to the aforesaid reservation named as declaration made by the Republic of Turkey to the International Convention on the Suppression of the Acts of Nuclear Terrorism.

However, this objection shall not preclude the entry into force of the Convention between the Republic of Latvia and the Republic of Turkey. Thus, the International Convention will become operative without the Republic of Turkey benefiting from its reservation.

Verenigde Arabische Emiraten, de, 10 januari 2008

.... the United Arab Emirates, having considered the text of the aforementioned Convention and approved the contents thereof, formally declares its accession to the Convention, subject to a reservation with regard to Article 23, paragraph 1 in respect of arbitration. The United Arab Emirates therefore does not consider itself bound by Article 23, paragraph 1 of the Convention.

Zwitserland, 15 oktober 2008

In accordance with article 7, paragraph 4, of the International Convention for the Suppression of Acts of Nuclear Terrorism, Switzerland hereby declares that the competent authority responsible for sending and receiving the information referred to in article 7 is the Central Engagement Department of the Federal Police Office, Nussbaumstrasse 29, CH - 3003 Berne, telephone no. +41 31 322 44 50, fax no. +41 31 322 53 04;

In accordance with article 9, paragraph 3, of the International Convention for the Suppression of Acts of Nuclear Terrorism, Switzerland hereby declares that it establishes its criminal jurisdiction in respect of the offences set forth in article 2 of the Convention in the cases specified in article 9, paragraph 2 (a), (b), (d) and (e) thereof. With respect to article 9, paragraph 2 (c), jurisdiction is established where the offender is present in Switzerland or is extradited to Switzerland... .

G. INWERKINGTREDING

Zie Trb. 2007, 205.

Het Verdrag is ingevolge artikel 25, tweede lid, voor het Koninkrijk der Nederlanden op 30 juli 2010 in werking getreden.

Wat betreft het Koninkrijk der Nederlanden, geldt het Verdrag alleen voor Nederland.

J. VERWIJZINGEN

Zie Trb. 2005, 290 en Trb. 2007, 205.

Titel

:

Handvest van de Verenigde Naties;

San Francisco, 26 juni 1945

Laatste Trb.

:

Trb. 2010, 163

Uitgegeven de negende september 2010.

De Minister van Buitenlandse Zaken,

M. J. M. VERHAGEN

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