TREATY ON' "

THE SOUTHEAST ASIA NUCLEAR WEAPON-FREE 2ONE

The States Parties to this Treaty:i\

DESIRING to contribute to the realization of the purposesand principles of the Charter of the United Nations;

DETERMINED to take concrete action which will contribute tothe progress towards general and complete disarmament ofnuclear weapons, and to the promotion of international peaceand security;

REAFFIRMING the desire of the Southeast Asian States tomaintain peace and stability in the region in the spirit ofpeaceful coexistence and mutual understanding andcooperation as enunciated in various communiques,declarations and other legal instruments;

RECALLING the Declaration on the Zone of Peace, Freedom andNeutrality (ZOPFAN) signed in Kuala Lumpur on 27 November1971 and the Programme of Action on ZOPFAN adopted at the26th ASEAN Ministerial Meeting in Singapore in July 1993;

CONVINCED that the establishment of a Southeast Asia NuclearWeapon-Free Zone, as an essential component of the ZOPFAN,will contribute towards strengthening the security of Stateswithin the Zone and towards enhancing international peaceand security as a whole;

REAFFIRMING the importance of the Treaty on theNon-Proliferation of Nuclear Weapons (NPT) in preventing theproliferation of nuclear weapons and in contributing towardsinternational peace and security;

RECALLING Article VII of the NPT which recognizes the rightof any group of States to conclude regional treaties inorder to assure the total absence of nuclear weapons intheir respective territories;

RECALLING the Final Document of the Tenth Special Session ofthe United Nations General Assembly which encourages theestablishment of nuclear weapon-free zones;

1 tf RECALLING the. Principles and- Objectives for NuclearNon-Proliferation and Disarmament, adopted at the. 1995Review and Extension Conference of the Parties to the NPT,that the cooperation of all the nuclear-weapon States andtheir respect and support for the relevant protocols isimportant for the maximum effectiveness of this nuclearweapon-free zone treaty .and its relevant protocols, ;

DETERMINED to protect the region from environmentalpollution and the hazards posed by radioactive wastes andother radioactive material;

HAVE AGREED as follows:

Article iUSE OF TERMS

For the purposes of this Treaty and its Protocol:

(a) "Southeast Asia Nuclear Weapon-Free Zone",hereinafter referred to as the "Zone", means thearea comprising the territories of all states inSoutheast Asia, namely, Brunei Darussalam,Cambodia, Indonesia, Laos, Malaysia, Myanmar,Philippines, Singapore, Thailand and Vietnam, andtheir respective continental shelves andExclusive Economic Zones (EEZ);

(b) "territory" means the land territory, internalwaters, territorial sea, archipelagic waters/ theseabed and the sub-soil thereof and the airspaceabove.them;

(c) "nuclear weapon" means any explos ive devicecapable of releasing nuclear energy in anuncontrolled manner but does not include themeans of transport or delivery of such device ifseparable from and not an indivisible partthereof; -

(d) "station" means to deploy, emplace, iinplant,install, stockpile or store;

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(e) "radioactive material" means material thatcontains radionuclides above clearance orexemption levels recommended by the InternationalAtomic Energy Agency (IAEA);

(f) "radioactive wastes" means material that containsor is contaminated with radionuclides atconcentrations or activities greater thanclearance levels recommended by the IAEA and forwhich no use is foreseen; and

(g) "dumping" means

• (i) any deliberate disposal at sea, includingseabed and subsoil insertion, of radioactivewastes or other matter from vessels,aircraft, platforms or other man-madestructures at sea, and

(ii) any deliberate disposal at sea, includingseabed and subsoil insertion, of vessels,aircraft, platforms or other man-madestructures at sea, containing radioactivematerial,

but does not include the disposal of wastes orother matter incidental to, or derived from thenormal operations of vessels, aircraft, platformsor other man-made structures at sea and theirequipment, other than wastes or other mattertransported by or to vessels, aircraft, platformsor other man-made structures at sea, operatingfor the purpose of disposal of such matter orderived from the treatment of such wastes orother matter on such vessels, aircraft, platformsor structures.

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Article 2APPLICATION OF THE TREATY

1. This Treaty and its Protocol shall apply to theterritories, continental shelves, and EEZ of the StatesParties within the Zone in which this Treaty is inforce.

2. Nothing in this Treaty shall prejudice the rights orthe exercise of these rights by any State under theprovisions of the United Nations Convention on the Lawof the Sea of 1982, in particular with regard tofreedom of the high seas, rights of innocent passage,archipelagic sea lanes passage or transit passage ofships and aircraft, and consistent with the Charter ofthe United Nations.

Article 3BASIC UNDERTAKINGS

1. Each State Party undertakes not to, anywhere inside oroutside the Zone:

(a) develop, manufacture or otherwise acquire,possess or have control over nuclear weapons;

(b) station or transport nuclear weapons by anymeans; or

(c) test or use nuclear weapons.

2. Each State Party also undertakes not to allow, in itsterritory, any other State to:

(a) develop, manufacture or otherwise acquire,possess or have control over nuclear weapons;

(fa) station nuclear weapons; or

(c) test or use nuclear weapons

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Each State Party "also undertakes not to:

(a) dump at sea or discharge into the atmosphereanywhere within the Zone any radioactive materialor wastes;

(b) dispose radioactive material or wastes on land inthe territory of or under the jurisdiction ofother States except as stipulated in Paragraph2(e) of Article 4; or

(c) allow, within its territory, any other State todump at sea or discharge into the atmosphere anyradioactive material or wastes.

Each State Party undertakes not to:

(a) seek or receive any assistance in the commissionof any act in violation of the provisions ofParagraphs 1, 2 and 3 of this Article; or

(b) take any action to assist or encourage thecommission of any act in violation of theprovisions of Paragraphs 1, 2 and 3 of thisArticle. ,

Article 4USE OF NUCLEAR ENERGY FOR PEACEFUL PURPOSES

Nothing in this Treaty shall prejudice the right of theStates Parties to use nuclear energy, in particular fortheir economic development and social progress.

Each State Party therefore undertakes:

(a) to use exclusively for peaceful purposes nuclearmaterial and facilities which are within itsterritory and areas under its jurisdiction andcontrol;

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(b) prior-to embarking on its peaceful nuclear energyprogramme, to subject its programme to rigorousnuclear safety assessment conforming toguidelines and standards recommended by the IAEAfor the protection of health and minimisation ofdanger to life and property in accordance withParagraph 6 of Article III of the Statute of theIAEA;

(c) upon request, to make available to another StateParty the assessment except information relatingto personal data, information protected byintellectual property rights or by industrial orcommercial confidentiality, and informationrelating to national security;

(d) to support the continued effectiveness of theinternational non-proliferation system based onthe Treaty on the Non-Proliferation of- NuclearWeapons (NPT) and the IAEA .safeguards system; and

(e) to dispose radioactive wastes and otherradioactive material in accordance with IAEAstandards and procedures on land within itsterritory , or on land within the territory ofanother State which has consented to suchdisposal.

Each State Party further undertakes not to providesource or special fissionable material, or equipment ormaterial especially designed or prepared for theprocessing, use or production of special fissionablematerial to:

(a) any non-nuclear-weapon state except underconditions subject to the safeguards required byParagraph 1 of Article III of the NPT; ,or

(b) any nuclear-weapon State except in conformity, with applicable safeguards agreements with theIAEA.

Article 5 '.IAEA SAFEGUARDS

Each State Party which has not done so shall concludean agreement with the IAEA for the application of full scopesafeguards to its peaceful nuclear activities not later thaneighteen months after the entry into force for that StateParty of this Treaty.

Article 6EARLY NOTIFICATION OF A NUCLEAR ACCIDENT

Each State Party which has not acceded to theConvention on Early Notification of a Nuclear Accident shallendeavour to do so.

Article 7FOREIGN SHIPS AND AIRCRAFT

Each State Party, on being notified, may decide foritself whether to allow visits by foreign ships and aircraftto its ports and airfields, transit of its airspace byforeign aircraft, and navigation by foreign ships throughits territorial sea or archipelagic waters and overflight offoreign aircraft above those waters in a manner not governedby the rights of innocent passage, archipelagic sea lanespassage or transit passage.

Article 8ESTABLISHMENT OF THE COMMISSION FOR

THE SOUTHEAST ASIA NUCLEAR WEAPON-FREE 2ONE

There is hereby established a Commission for theSoutheast Asia Nuclear Weapon-Free Zone, hereinafterreferred to as the "Commission".

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All States Parties are ipso facto" members of theCommission. Each State Party shall be represented byits Foreign Minister or his representative accompaniedby alternates and advisers.

The function of the Commission shall be to oversee theimplementation of this Treaty and ensure compliancewith its provisions.

The Commission shall meet as and when necessary inaccordance with the provisions of this Treaty includingupon the request of any State Party. As far aspossible, the Commission shall meet in conjunction withthe ASEAN Ministerial Meeting.

At the beginning of each meeting, the Commission shallelect its Chairman and such other officers as may berequired. They shall hold office until a new Chairmanand other officers are elected at the next meeting.

Unless otherwise provided for in this Treaty, two-thirds of the members of the Commission shall bepresent to constitute a quorum.

Each member of the Commission shall have one vote.

Except as provided for in this Treaty, decisions of theCommission shall be taken by consensus or, failingconsensus, by a two-thirds majority of the memberspresent and voting.

The Commission shall, by consensus, agree upon andadopt rules of procedure for itself as well asfinancial rules governing its funding and that of itssubsidiary organs.

Article 9THE EXECUTIVE COMMITTEE

There is hereby established, as a subsidiary organ ofthe Commission, the Executive Committee.

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The Executive Committee shall be composed of all StatesParties to this Treaty. Each State Party shall berepresented by one senior official as itsrepresentative, who may be accompanied by alternatesand advisers.

The functions of the Executive Committee shall be to:

(a) ensure the proper operation of verificationmeasures in accordance with the provisions on theControl System as stipulated in Article 10;

(b) consider and decide on requests for clarificationand for a fact-finding mission;

(c) set up a fact-finding mission in accordance withthe Annex of this Treaty;

(d) consider and decide on the findings of a fact-finding mission and report to the Commission;

(e) request the Commission to convene a meeting whenappropriate and necessary;

(f) conclude such agreements with the IAEA or otherinternational organizations as referred to inArticle 18 on behalf of the Commission afterbeing duly authorized to do so by the Commission;and

(g) carry out such other tasks as may, from time totime, be assigned by the Commission,

The Executive Committee shall meet as and whennecessary for the efficient exercise of its functions.As far as possible, the Executive Committee shall meetin conjunction with the ASEAN Senior Officials Meeting.

The Chairman of the Executive Committee shall be therepresentative of the Chairman of the Commission. Anysubmission or communication made by a State Party tothe Chairman of the Executive Committee shall bedisseminated to the other members of the ExecutiveCommittee.

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Two-thirds- of the1-members of the Executive Committeeshall be present to constitute a quorum.

7. Each member of the Executive Committee shall have onevote.

8. Decisions of the Executive Committee shall be taken byconsensus or, failing consensus, by a two-thirdsmajority of the members present and voting.

Article 10CONTROL SYSTEM

;

1. There is hereby established a control system for thepurpose of verifying compliance with the obligations ofthe States Parties under this Treaty.

2. The Control System shall comprise:

(a) the IAEA safeguards system as provided for inArticle 5;

(b) report and exchange of information as providedfor in Article 11;

(c) request for clarification as provided for inArticle 12; and

(d) request and procedures for a fact-finding missionas provided for in Article 13.

Article 11REPORT AND EXCHANGE OF INFORMATION

Each State Party shall submit reports to the ExecutiveCommittee on any significant event within its territoryand areas under its jurisdiction arid control affectingthe implementation of this Treaty.

The States Parties may exchange information on mattersarising under or in relation to .this Treaty.

Article 12REQUEST FOR CLARIFICATION

Each State Party shall have the right to requestanother State Party for clarification concerning anysituation which may be considered ambiguous or whichmay give rise to doubts about the compliance of thatState Party with this Treaty. It shall inform theExecutive Committee of such a request. The requestedState Party shall duly respond by providing withoutdelay the necessary information and inform theExecutive Committee of its reply to the requestingState Party.

Each State Party shall have the right to request theExecutive Committee to seek clarification from anotherState Party concerning any situation twhich may beconsidered ambiguous or which may give rise to doubtsabout compliance of that State Party with this Treaty.Upon receipt of such a request/ the Executive Committeeshall consult the State Party from which clarificationis sought for the purpose of obtaining theclarification requested.

Article 13REQUEST FOR A FACT-FINDING MISSION

A State Party shal1 have the right to request theExecutive Committee to send a fact-finding mission toanother State Party in order to clarify and resolve asituation which may be considered ambiguous or which maygive rise to doubts about compliance with the provisions ofthis Treaty, in accordance with the procedure contained inthe Annex to this Treaty.

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Article 14REMEDIAL MEASURES

In case the Executive Committee decides in accordancewith the Annex that there is a breach of this Treaty bya State party, that State Party shall, within areasonable time, take all steps necessary to bringitself in full compliance with this Treaty and shallpromptly inform the Executive Committee of the actiontaken or proposed to be taken by it.

Where a State Party fails or refuses to comply with theprovisions of Paragraph 1 of this Article, theExecutive Committee shall request the Commission toconvene a meeting in accordance with the provisionsof Paragraph 3(e) of Article 9.

At the meeting convened pursuant to Paragraph 2 of thisArticle, the Commission shall consider the emergentsituation and shall decide on any measure it deemsappropriate to cope with the situation, including thesubmission of the matter to the IAEA and, where thesituation might endanger international peace andsecurity, the Security Council and the General Assemblyof the United Nations.

In the event of breach of the Protocol attached to thisTreaty by a State Party to the Protocol, the ExecutiveCommittee shall convene a special meeting of theCommission to decide on appropriate measures to betaken.

Article 15SIGNATURE, RATIFICATION, ACCESSION,

DEPOSIT AND REGISTRATION

This Treaty shall be open for signature by all Statesin Southeast Asia, namely, Brunei Darussaiam, Cambodia,Indonesia, Laos, Malaysia, Myanmar, Philippines,Singapore, Thailand and Vietnam.

- 13 -.This . Treaty shall be subject to 'ratification inaccordance with the constitutional procedure of thesignatory States. The instruments of ratificationshall be deposited with the Government of the Kingdomof Thailand which is hereby designated as theDepositary State.

This Treaty shall be open for accession. Theinstruments of accession shall be deposited with theDepositary State,

The Depositary State shall inform the other StatesParties to this Treaty on the deposit of instruments ofratification or accession.

The Depositary State shall register this Treaty and itsProtocol pursuant to Article 102 of the Charter of theUnited Nations.

Article 16ENTRY INTO FORCE

This Treaty shall enter into force on the date of thedeposit of the seventh instrument of ratificationand/or accession.

For States which ratify or accede to this Treaty afterthe date of this seventh instrument of ratification oraccession, this Treaty shall enter into force on thedate of deposit of its instrument of ratification oraccession.

Article 17RESERVATIONS

This Treaty shall not be subject to reservations

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Article 18RELATIONS WITH OTHER INTERNATIONAL ORGANIZATIONS

The Commission may conclude such agreements with theIAEA or other international organizations as it considerslikely to facilitate the efficient operation of the ControlSystem established by this Treaty.

Article 19AMENDMENTS

1. Any State Party may propose amendments to this Treatyand its Protocol and shall submit its proposals to theExecutive Committee, which shall transmit them to allthe other States Parties. The Executive Committee shallimmediately request the Commission to convene a meetingto examine the proposed amendments. The quorum .requiredfor such a meeting shall be all the members of theCommission. Any amendment shall be adopted by aconsensus decision of the Commission.

2. Amendments adopted shall enter into force 30 days afterthe receipt by the Depositary State of the seventhinstrument of acceptance from the states Parties„

Article 20REVIEW

Ten years after this Treaty enters into force, ameeting of the Commission shall be convened for the purposeof reviewing the operation of this Treaty. A meeting of theCommission for the same purpose may also be convened atanytime thereafter if there is consensus among all itsmembers.

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- *,'Article 21

SETTLEMENT OF DISPUTES

Any dispute arising from the interpretation of theprovisions of this Treaty shall be settled by peaceful meansas may be agreed upon by the States Parties to the dispute.If within one month, the parties to the dispute are unableto achieve a peaceful settlement of the dispute bynegotiation, mediation, enquiry or conciliation, any of theparties concerned shall, with the prior consent of theother parties concerned, refer the dispute to arbitration orto the International Court of Justice.

Article 22DURATION AND WITHDRAWAL

This Treaty shall remain in force indefinitely.

In the event of a breach by any State Party of thisTreaty essential to the achievement of the objectivesof this Treaty, every other State Party shall have theright to withdraw from this Treaty.

Withdrawal under Paragraph 2 of Article 22, shall beeffected by giving notice twelve months in advance tothe members of the Commission.

IN WITNESS WHEREOF, the undersigned have signed this Treaty.

DONE at Bangkok, this fifteenth day of December, onethousand nine hundred and ninety-five, in one original inthe English language.

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FOR BRUNEI DARUSSALAM:

HAJI HASSANAL BOLKI&HSultan of Brunei Darussalam

FOR THE KINGDOM OF CAMBODIA:

/ft.Samdech Krom Preah NORODOM RANARIDDH

First Prime MinisterSamdech HUN SEN

Second Prime Minister

FOR THE REPUBLIC OF INDONESIA:

SOEHARTOPresident

FOR THE LAO PEOPLE'S DEMOCRATIC REPUBLIC".

KHAMTAY SIPHANDONEPrime Minister

—"] V •—

FOR MALAYSIA:

DR MAHATHIR BINPrime Mini

FOR THE UNION OF MYANMAR:

SENIOR GENERAL THAN SHWEChairman of the State Law and Order Restoration Council

and Prime Minister

FOR THE REPUBLIC OF THE PHILIPPINES:

FIDEL V. RAMOSPresident

FOR THE REPUBLIC OF SINGAPORE;

CHOK TONG'rime Minister

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FOR THE KINGDOM O.P THAILAND?

BANHARN SXLPA-ARCHAPrime Minister

FOR THE SOCIALIST REPUBLIC OF VIETNAM:

,0

VO VAN KIET

Prime Minister

A N N E XPROCEDURE FOR A F&CT-FXttDING MISSION

The State Party requesting a fact-finding mission asprovided in Article 13, hereinafter referred to as the"requesting State", shall submit the request to theExecutive Committee specifying the following:

(a) the doubts or concerns and the reasons for suchdoubts or concerns;

(b) the location in which the situation which givesrise to doubts has allegedly occurred;

(cj the relevant provisions of this Treaty aboutwhich doubts of compliance have arisen; and

(d) any other relevant information.

Upon receipt of a request for a fact-finding mission,the Executive Committee shall:

(a) immediately inform the State Party to which thefact-finding mission is requested to be sent,hereinafter referred to as the "receiving State",about the receipt of the request; and

(b) not later than 3 weeks after receiving therequest, decide if the request complies with theprovisions of Paragraph 1 and whether or not itis frivolous, abusive or clearly beyond the scopeof this Treaty. Neither the requesting norreceiving State Party shall participate in suchdecisions.

In case the Executive Committee decides that therequest does not comply with the provisions ofParagraph 1, or that it is frivolous, abusive orclearly beyond the scope of this Treaty, it shall takeno further action on the request and inform therequesting State and the receiving State accordingly.

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In the event that the Executive Committee decides thatthe request complies with the provisions of Paragraph1, and that it is not frivolous, abusive or clearlybeyond the scope of this Treaty, it shall immediatelyforward the request for a fact-finding mission to thereceiving State, indicating, inter alia, the proposeddate for sending the mission. The proposed date shallnot be later than 3 weeks from the time the receivingState receives the request for a fact-finding mission.The Executive Committee shall also immediately set upa fact-finding mission consisting of 3 inspectors fromthe IAEA who are neither nationals of the requestingnor receiving State.

The receiving State shall comply with the reguest fora fact-finding mission referred to in Paragraph 4, Itshall cooperate with the Executive Committee in orderto facilitate the effective functioning of thefact-finding mission, inter alia, by promptly providingunimpeded access of the fact-finding mission to thelocation in question. The receiving State shall accordto the members of the fact-finding mission suchprivileges and immunities as are necessary for them toexercise their functions effectively, includinginviolability of all papers and documents and immunityfrom arrest, detention and.legal process for acts doneand words spoken for the purpose of the mission.

The receiving State shall have the right to takemeasures to protect sensitive installations and toprevent disclosures of confidential information anddata not related to this Treaty.

The fact-finding mission, in the discharge of itsfunctions, shall:

(a) respect the laws and regulations of the receivingState;

(b) refrain from activities inconsistent with theobjectives and purposes of this Treaty;

(c) submit preliminary or interim reports to theExecutive Committee; and

(d) complete its task without undue delay and shallsubmit its final report to the ExecutiveCommittee within a reasonable time uponcompletion of its work.

8. The Executive Committee shall:

(a) consider the reports submitted by the fact-finding mission and reach a decision on whetheror not there is a breach of this Treaty;

(b) immediately communicate its decision to therequesting State and the receiving State; and

(c) present a full report on its decision to theCommission.

9. In the event that the receiving State refuses to complywith ,the request for a fact-finding mission inaccordance with Paragraph 4, the requesting Statethrough the Executive Committee shall have the right torequest for a meeting of the Commission. The ExecutiveCommittee shall immediately request the Commission toconvene a meeting in accordance with Paragraph 3(e) ofArticle 9.

PROTOCOL TOTHE TREATY ON SOUTHEAST ASIANUCLEAR WEAPON-FREE ZONE

The States Parties to this Protocol,

DESIRING to contribute to efforts towards achieving generaland complete disarmament of nuclear weapons, ,and therebyensuring international peace and security, including inSoutheast Asia;

NOTING the Treaty on the Southeast Asia Nuclear Weapon-FreeZone, signed at Bangkok on the fifteenth day of December,one thousand nine hundred and ninety-five;

HAVE AGREED as follows:

Article 1

Each State Party undertakes to respect the Treaty onthe Southeast Asia Nuclear Weapon-Free Zone, hereinafterreferred to as the "Treaty", and not to contribute to anyact which constitutes a violation of the Treaty or itsProtocol by States Parties to them.

Article 2

Each State Party undertakes not to use or threaten touse nuclear weapons against any State Party to the Treaty.It further "undertakes not to use or threaten to use nuclearweapons within the Southeast Asia Nuclear Weapon-Free Zone.

Article 3

This Protocol shall be open for signature by thePeople's'Republic of China, the French Republic, the RussianFederation, the United Kingdom of Great Britain and NorthernIreland and the United States of America.

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Article 4

Each State Party undertakes, by written notification tothe Depositary State, to indicate its acceptance orotherwise of any alteration to its obligation under thisProtocol that may be brought about by the entry into forceof an amendment to the Treaty pursuant to Article 19thereof.

Article 5

This Protocol is of a permanent nature and shall remainin force indefinitely, provided that each State Party shall,in exercising its national sovereignty, have the right towithdraw from this Protocol if it decides that extraordinaryevents, related to the subject-matter of this Protocol, havejeopardized its supreme national interests. It shall givenotice of such withdrawal to the Depositary State twelvemonths in advance. Such notice shall include a statement ofthe extraordinary events it regards as having jeopardizedits supreme national interests.

Article 6

This Protocol shall be subject to ratification.

Article 7

This Protocol shall enter into force for each StateParty on the date of its deposit of its instrument ofratification with the Depositary State. The DepositaryState shall inform the other States Parties to the Treatyand to this Protocol on the deposit of instruments ofratification.

IN WITNESS WHEREOF the undersigned, being duly authorized bytheir Governments, have signed this Protocol.

DONE at Bangkok this fifteenth day of December, one thousandnine hundred and ninety-five, in one original in the Englishlanguage.