Amendment to Convention on Physical Protection of Nuclear Material

107 Pages·2007·4.85 MB·English

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110THCONGRESS " SENATE ! TREATYDOC.
1st Session 110–6
AMENDMENT TO CONVENTION ON PHYSICAL
PROTECTION OF NUCLEAR MATERIAL
MESSAGE
FROM
THE PRESIDENT OF THE UNITED STATES
TRANSMITTING
AMENDMENT TO THE CONVENTION ON THE PHYSICAL PROTEC-
TION OF NUCLEAR MATERIAL (THE ‘‘AMENDMENT’’). A CON-
FERENCE 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
SEPTEMBER 4, 2007.—Treaty was read the first time, and together with
the accompanying papers, referred to the Committee on Foreign Rela-
tions and ordered to be printed for the use of the Senate
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LETTER OF TRANSMITTAL
THE WHITE HOUSE, September 4, 2007.
To the Senate of the United States:
I transmit herewith for Senate advice and consent to ratification
the Amendment to the Convention on the Physical Protection of
Nuclear Material (the ‘‘Amendment’’). A conference of States Par-
ties to the Convention on the Physical Protection of Nuclear Mate-
rial, adopted on October 28, 1979, adopted the Amendment on July
8, 2005, at the International Atomic Energy Agency in Vienna. I
transmit also, for the information of the Senate, the Department of
State report on the Amendment. Legislation necessary to imple-
ment the Amendment will be submitted to the Congress separately.
The Amendment contains specific provisions to effect a coordi-
nated international response to combating and preventing nuclear
terrorism and ensuring global security. It will require each State
Party to the Amendment to establish, implement, and maintain an
appropriate physical protection regime applicable to nuclear mate-
rial and nuclear facilities used for peaceful purposes. The aims of
the regime are to protect such material against theft or other un-
lawful taking, to locate and rapidly recover missing or stolen mate-
rial, to protect such material and facilities against sabotage, and to
mitigate or minimize the radiological consequences of sabotage.
The Amendment also provides a framework for cooperation among
States Parties directed at preventing nuclear terrorism and ensur-
ing punishment of offenders; contains provisions for protecting sen-
sitive physical protection information; and adds new criminal of-
fenses that each State Party must make punishable by law. States
Parties must also either submit for prosecution or extradite any
person within their jurisdictions alleged to have committed one of
the offenses defined in the Convention, as amended.
This Amendment is important in the campaign against inter-
national nuclear terrorism and nuclear proliferation. I recommend,
therefore, that the Senate give early and favorable consideration to
this Amendment, subject to the understandings described in the ac-
companying report of the Department of State.
GEORGE W. BUSH.
(III)
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LETTER OF SUBMITTAL
DEPARTMENT OF STATE,
Washington, June 11, 2007.
THE PRESIDENT,
The White House.
THE PRESIDENT: I have the honor to submit to you, with a view
to its transmittal to the Senate for advice and consent to ratifica-
tion, subject to certain understandings, the Amendment to the Con-
vention on the Physical Protection of Nuclear Material (‘‘the
Amendment’’), adopted by a diplomatic conference of States Parties
on July 8, 2005, at the International Atomic Energy Agency in Vi-
enna. The United States, a party to the Convention on the Physical
Protection of Nuclear Material, adopted October 28, 1979 (‘‘the
Convention’’), led the initiative to pursue the Amendment in order
to combat more effectively the increased illicit trafficking in nu-
clear and other radiological materials in the early 1990’s and the
threat of terrorist attacks on nuclear material and nuclear facilities
in the United States since September 11, 2001.
An Overview of the provisions of the Amendment, which rec-
ommends that the Senate provide advice and consent to ratification
of the Amendment, subject to certain understandings, is enclosed.
Proposed legislation to implement the Amendment will be sub-
mitted separately to the Congress.
The Departments of Justice, Energy, and Defense and the Nu-
clear Regulatory Commission participated in negotiating the
Amendment and join me in recommending that it be transmitted
to the Senate at an early date.
Respectfully submitted,
CONDOLEEZZA RICE.
Enclosures: As stated.
(V)
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