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South Pacific Nuclear Free Zone Treaty

6 August 1985

Entry into Force 11 December 1986

PREAMBLE

The Parties to this Treaty

United in their commitment to a world at peace;

Gravely concerned that the continuing nuclear arms race presents
the risk of nuclear war which would have devastating
consequences for all people;

Convinced that all countries have an obligation to make every
effort to achieve the goal of eliminating nuclear weapons, the
terror which they hold for humankind and the threat which they
pose to life on earth;

Believing that regional arms control measures can contribute to
global efforts to reverse the nuclear arms race and promote the
national security of each country in the region and the common
security of all;

Determined to ensure, so far as lies within their power, that
the bounty and beauty of the land and sea in their region shall
remain the heritage of their peoples and their descendants in
perpetuity to be enjoyed by all in peace;

Reaffirming the importance of the Treaty on the
Non-Proliferation of Nuclear Weapons (NPT) in preventing the
proliferation of nuclear weapons and in contributing to world
security;

Noting, in particular, that Article VII of the NPT recognises
the right of any group of States to conclude regional treaties
in order to assure the total absence of nuclear weapons in their
respective territories;

Noting that the prohibitions of emplantation and emplacement of
nuclear weapons on the seabed and the ocean floor and in the
subsoil thereof contained in the Treaty on the Prohibition of
the Emplacement of Nuclear Weapons and Other weapons of Mass
Destruction on the Seabed and the Ocean Floor and in the Subsoil
Thereof apply in the South Pacific;

Noting also that the prohibition of testing of nuclear weapons
in the atmosphere or under water, including territorial waters
or high seas, contained in the Treaty Banning Nuclear Weapon
Tests in the Atmosphere, in Outer Space and Under water applies
in the South Pacific;

Determined to keep the region free of environmental pollution by
radioactive wastes and other radioactive matter;

Guided by the decision of the Fifteenth South Pacific Forum at
Tuvalu that a nuclear free zone should be established in the
region at the earliest possible opportunity in accordance with
the principles set out in the communique of that meeting;

Have Agreed as follows:

Article 1

USAGE OF TERMS

For the purposes of this Treaty and its Protocols:

a) "South Pacific Nuclear Free Zone" means the areas described
in Annex 1 as illustrated by the map attached to that Annex;

b) "territory" means internal waters, territorial sea and
archipelagic waters, the seabed and subsoil beneath, the land
territory and the airspace above them;

c) "nuclear explosive device" means any nuclear weapon or other
explosive device capable of releasing nuclear energy,
irrespective of the purpose for which it could be used. The term
includes such a weapon or device in unassembled and partly
assembled forms, but does not include the means of transport or
delivery of such a weapon or device if separable from and not an
indivisible part of it;

d) "stationing" means emplantation, emplacement, transportation
on land or inland waters, stockpiling, storage, installation and
deployment.

Article 2

APPLICATION OF THE TREATY

1. Except where otherwise specified, this Treaty and its
Protocols shall apply to territory within the South Pacific
Nuclear Free Zone.

2. Nothing in this Treaty shall prejudice or in any way affect
the rights, or the exercise of the rights, of any State under
international law with regard to freedom of the seas.

Article 3

RENUNCIATION OF NUCLEAR EXPLOSIVE DEVICES

Each Party undertakes:

(a) not to manufacture or otherwise acquire, possess or have
control means anywhere inside or outside the South Pacific
Nuclear Free Zone;

(b) not to seek or receive any assistance in the manufacture or
acquisition of any nuclear explosive device;

(c) not to take any action to assist or encourage the
manufacture or acquisition of any nuclear explosive device by
any State.

Article 4

PEACEFUL NUCLEAR ACTIVITIES

Each Party undertakes:

(a) not to provide source or special fissionable material, or
equipment or material especially designed or prepared for the
processing, use or production of special fissionable material
for peaceful purposes to:

(i) any non-nuclear-weapon State unless subject to the
safeguards required by Article III.1 of the NPT, or

(ii) any nuclear-weapon State unless subject to applicable
safeguards agreements with the International Atomic Energy
Agency (IAEA).

Any such provision shall be in accordance with strict
non-proliferation measures to provide assurance of exclusively
peaceful non-explosive use;

(b) to support the continued effectiveness of the international
non-proliferation system based on the NPT and the IAEA
safeguards system.

Article 5

PREVENTION OF STATIONING OF NUCLEAR EXPLOSIVE DEVICES

1. Each Party undertakes to prevent in its territory the
stationing of any nuclear explosive device.

2. Each Party in the exercise of its sovereign rights remains
free to decide for itself whether to allow visits by foreign
ships and aircraft to its ports and airfields, transit of its
airspace by foreign aircraft, and navigation by foreign ships in
its territorial sea or archipelagic waters in a manner not
covered by the rights of innocent passage, archipelagic sea lane
passage or transit passage of straits.

Article 6

PREVENTION OF TESTING OF NUCLEAR EXPLOSIVE DEVICES

Each Party undertakes:

(a) to prevent in its territory the testing of any nuclear
explosive device;

(b) not to take any action to assist or encourage the testing of
any nuclear explosive device by any State.

Article 7

PREVENTION OF DUMPING

1. Each Party undertakes:

(a) not to dump radioactive wastes and other radioactive matter
at sea anywhere within the South Pacific Nuclear Free Zone;

(b) to prevent the dumping of radioactive wastes and other
radioactive matter by anyone in its territorial sea;

(c) not to take any action to assist or encourage the dumping by
anyone of radioactive wastes and other radioactive matter at sea
anywhere within the South Pacific Nuclear Free Zone;

(d) to support the conclusion as soon as possible of the
proposed Convention relating to the protection of the natural
resources and environment of the South Pacific region and its
Protocol for the prevention of pollution of the South Pacific
region by dumping, with the aim of precluding dumping at sea of
radioactive wastes and other radioactive matter by anyone
anywhere in the region.

2. Paragraphs 1(a) and 1(b) of this Article shall not apply to
areas of the South Pacific Nuclear Free Zone in respect of which
such a Convention and Protocol have entered into force.

Article 8

CONTROL SYSTEM

1. The Parties hereby establish a control system for the purpose
of verifying compliance with their obligations under this
Treaty.

2. The control-system shall comprise:

(a) reports and exchange of information as provided for in
Article 9;

(b) consultations as provided for in Article 10 and Annex 4 (1);

(c) the application to peaceful nuclear activities of safeguards
by the IAEA as provided for in Annex 2;

(d) a complaints procedure as provided for in Annex 4.

Article 9

REPORTS AND EXCHANGES OF INFORMATION

1. Each Party shall report to the Director of the South Pacific
Bureau for Economic Co-operation (the Director) as soon as
possible any significant event within its jurisdiction affecting
the implementation of this Treaty. The Director shall circulate
such reports promptly to all Parties.

2. The Parties shall endeavour to keep each other informed on
matters arising under or in relation to this Treaty. They may
exchange information by communicating it to the Director, who
shall circulate it to all Parties.

3. The Director shall report annually to the South Pacific Forum
on the status of this Treaty and matters arising under or in
relation to it, incorporating reports and communications made
under paragraphs 1 and 2 of this Article and matters arising
under Articles 8(2) (d) and 10 and Annex 2(4).

Article 10

CONSULTATIONS AND REVIEW

Without prejudice to the conduct of consultations among Parties
by other means, the Director, at the request of any Party, shall
convene a meeting of the Consultative Committee established by
Annex 3 for consultation and cooperation on any matter arising
in relation to this Treaty or for reviewing its operation.

Article 11

AMENDMENT

The Consultative Committee shall consider proposals for
amendment of the provisions of this Treaty proposed by any Party
and circulated by the Director to all Parties not less than
three months prior to the convening of the Consultative
Committee for this purpose. Any proposal agreed upon by
consensus by the Consultative Committee shall be communicated to
the Director who shall circulate it for acceptance to all
Parties. An amendment shall enter into force thirty days after
receipt by the depositary of acceptances from all Parties.

Article 12

SIGNATURE AND RATIFICATION

1. This Treaty shall be open for signature by any Member of the
South Pacific Forum.

2. This Treaty shall be subject to ratification. Instruments of
ratification shall be deposited with the Director who is hereby
designated depositary of this Treaty and its Protocols.

3. If a Member of the South Pacific Forum whose territory is
outside the South Pacific Nuclear Free Zone becomes a Party to
this Treaty, Annex 1 shall be deemed to be amended so far as is
required to enclose at least the territory of that Party within
the boundaries of the South Pacific Nuclear Free Zone. The
delineation of any area added pursuant to this paragraph shall
be approved by the South Pacific Forum.

Article 13

WITHDRAWAL

1. This Treaty is of a permanent nature and shall remain in
force indefinitely, provided that in the event of a violation by
any Party of a provision of this Treaty essential to the
achievement of the objectives of the Treaty or of the spirit of
the Treaty, every other Party shall have the right to withdraw
from the Treaty.

2. Withdrawal shall be effected by giving notice twelve months
in advance to the Director who shall circulate such notice to
all other Parties.

Article 14

RESERVATIONS

This Treaty shall not be subject to reservations.

Article 15

ENTRY INTO FORCE

1. This Treaty shall enter into force on the date of deposit of
the eighth instrument of ratification.

2. For a signatory which ratifies this Treaty after the date of
deposit of the eighth instrument of ratification, the Treaty
shall enter into force on the date of deposit of its instrument
of ratification.

Article 16

DEPOSITARY FUNCTIONS

The depositary shall register this treaty and its Protocols
pursuant to Article 102 of the Charter of the United Nations and
shall transmit certified copies of the Treaty and its Protocols
to all Members of the South Pacific Forum and all States
eligible to become Party to the Protocols to the Treaty and
shall notify them of signatures and ratifications of the Treaty
and its Protocols.

IN WITNESS WHEREOF the undersigned, being duly authorised by
their Governments, have signed thus Treaty.

DONE at , this day of , One thousand nine hundred and
eighty-[five], in a single original in the English language.

Annex 1

SOUTH PACIFIC NUCLEAR FREE ZONE

A. The area bounded by a Line -

(1) commencing at the point of intersection of the Equator by
the maritime boundary between Indonesia and Papua New Guinea;

(2) running thence northerly along that maritime boundary to its
intersection by the outer Limit of the exclusive economic zone
of Papua New Guinea;

(3) thence generally north-easterly, easterly and south-easterly
along that outer Limit to its intersection by the Equator;

(4) thence east along the Equator to its intersection by the
meridian of Longitude 163 degrees East;

(5) thence north along that meridian to its intersection by the
parallel of Latitude 3 degrees North;

(6) thence east along that parallel to its intersection by the
meridian of Longitude 171 degrees East;

(7) thence north along that meridian to its intersection by the
parallel of Latitude 4 degrees North;

(8) thence east along that parallel to its intersection by the
meridian of Longitude 180 degrees East;

(9) thence south along that meridian to its intersection by the
Equator;

(10) thence east along the Equator to its intersection by the
meridian of Longitude 165 degrees West,

(11) thence north along that meridian to its intersection by the
parallel of Latitude 5 degrees 30 minutes North;

(12) thence east along that parallel to its intersection by the
meridian of Longitude 154 degrees West;

(13) thence south along that meridian to its intersection by the
Equator;

(14) thence east along the Equator to its intersection by the
meridian of Longitude 115 degrees West;

(15) thence south along that meridian to its intersection by the
parallel of Latitude 60 degrees South;

(16) thence west along that parallel to its intersection by the
meridian of Longitude 115 degrees East;

(17) thence north along that meridian to its southernmost
intersection by the outer limit of the territorial sea of
Australia;

(18) thence generally northerly and easterly along the outer
limit of the territorial sea of Australia to its intersection by
the meridian of Longitude 136 degrees 45 minutes East,

(19) thence north-easterly along the geodesic to the point of
Latitude 10 degrees 50 minutes South, Longitude 139 degrees 12
minutes East;

(20) thence north-easterly along the maritime boundary between
Indonesia and Papua New Guinea to where it joins the land border
between those two countries;

(21) thence generally northerly along that land border to where
it joins the maritime boundary between Indonesia and Papua New
Guinea, on the northern coastline of Papua New Guinea; and

(22) thence generally northerly along that boundary to the point
of commencement.

B. The areas within the outer limits of the territorial seas of
all Australian islands lying westward of the area described in
paragraph A and north of Latitude 60 degrees South, provided
that any such areas shall cease to be part of the South Pacific
Nuclear Free Zone upon receipt by the depositary of written
notice from the Government of Australia stating that the areas
have become subject to another treaty having an object and
purpose substantially the same as that of this Treaty.

Annex 2

IAEA SAFEGUARDS

1. The safeguards referred to in Article 8 shall in respect of
each Party be applied by the IAEA as set forth in an agreement
negotiated and concluded with the IAEA on all source or special
fissionable material in all peaceful nuclear activities within
the territory of the Party, under its jurisdiction or carried
out under its control anywhere.

2. The agreement referred to in paragraph 1 shall be, or shall
be equivalent in its scope and effect to, an agreement required
in connection with the NPT on the basis of the material
reproduced in document INFCIRC/153 (Corrected) of the IAEA. Each
Party shall take all appropriate steps to ensure that such an
agreement is in force for it not later than eighteen months
after the date of entry into force for that Party of this
Treaty.

3. For the purposes of this Treaty, the safe-guards referred to
in paragraph 1 shall have as their purpose the verification of
the non-diversion of nuclear material from peaceful nuclear
activities to nuclear explosive devices.

4. Each Party agrees upon the request of any other Party to
transmit to that Party and to the Director for the information
of all Parties a copy of the overall conclusions of the most
recent report by the IAEA on its inspection activities in the
territory of the Party concerned, and to advise the Director
promptly of any subsequent findings of the Board of Governors of
the IAEA in relation to those conclusions for the information of
all Parties.

Annex 3

CONSULTATIVE COMMITTEE

1. There is hereby established a Consultative Committee which
shall be convened by the Director from time to time Pursuant to
Articles 10 and 11 and Annex 4 (2). The Consultative Committee
shall be constituted of representatives of the Parties, each
Party being entitled to appoint one representative who may be
accompanied by advisers. Unless otherwise agreed, the
Consultative Committee shall be chaired at any given meeting by
the representative of the Party which last hosted the meeting of
Heads of Government of Members of the South Pacific Forum. A
quorum shall be constituted by representatives of half the
Parties. Subject to the provisions of Article 11, decisions of
the Consultative Committee shall be taken by consensus or,
failing consensus, by a two-thirds majority of those present and
voting. The Consultative Committee shall adopt such other rules
of procedure as it sees fit.

2. The costs of the Consultative Committee, including the costs
of special inspections pursuant to Annex 4, shall be borne by
the South Pacific Bureau for Economic Co-operation. It may seek
special funding should this be required.

Annex 4

COMPLAINTS PROCEDURE

1. A Party which considers that there are grounds for a
complaint that another Party is in breach of its obligations
under this Treaty will, before bringing such a complaint to the
Director, bring the subject matter of the attention of the Party
complained of and shall allow the latter reasonable opportunity
to provide it with an explanation and to resolve the matter.

2. If the matter is not so resolved, the complainant Party may
bring the complaint to the Director with a request that the
Consultative Committee be convened to consider it. Complaints
shall be supported by an account of evidence of breach of
obligations known to the complainant Party. Upon receipt of a
complaint the Director shall convene the Consultative Committee
as quickly as possible to consider it.

3. The Consultative Committee, taking account of efforts made
under paragraph 1, shall afford the Party complained of a
reasonable opportunity to provide it with an explanation of the
matter.

4. If, after considering any explanation given to it by the
representatives of the Party complained of, the Consultative
Committee decides that there is sufficient substance in the
complaint to warrant a special inspection in the territory of
that Party or elsewhere, the Consultative Committee shall direct
that such special inspection be made as quickly as possible by a
special inspection team of three suitably qualified special
inspectors appointed by the Consultative Committee in
consultation with the complained of and complainant Parties,
provided that no national of either Party shall serve on the
special inspection team. If so requested by the Party complained
of, this special inspection team shall be accompanied by
representatives of that Party. Neither the right of consultation
on the appointment of special inspectors, nor the right to
accompany special inspectors, shall delay the work of the
special inspection team.

5. In making a special inspection, special inspectors shall be
subject and shall comply with such directives concerning tasks,
objectives, confidentiality and procedures as may be decided
upon by it. Directives shall take account of the legitimate
interests of the Party complained of in complying with its other
international obligations and commitments and shall not
duplicate safeguards procedures to be undertaken by the IAEA
pursuant to agreements referred to in Annex 2(1). The special
inspectors shall discharge their duties with due respect for the
laws of the Party complained of.

6. Each Party shall give to special inspectors full and free
access to all information and places within its territory which
may be relevant to enable the special inspectors to implement
the directives given to them by the Consultative Committee.

7. The Party complained of shall take all appropriate steps to
facilitate the special inspection, and shall grant to special
inspectors privileges and immunities necessary for the
performance of their functions, including inviolability for all
papers and documents and immunity from arrest, detention and
legal process for acts done and words spoken and written, for
the purpose of the special inspection.

8. The special inspectors shall report in writing as quickly as
possible to the Consultative Committee, outlining their
activities, setting out relevant facts and information as
ascertained by them, with supporting evidence and documentation
as appropriate, and stating their conclusions. The Consultative
Committee shall report fully to all Members of the South Pacific
Forum, giving its decision as to whether the Party complained of
is in breach of its obligations under this Treaty.

9. If the Consultative Committee has decided that the Party
complained of is in breach of its obligations under this Treaty,
or that the above with, or at any, time at the request of either
the complainant or complained of Party, the Parties shall meet
promptly at a meeting of the South Pacific Forum.

PROTOCOL 1

The Parties to this Protocol

Noting the South Pacific Nuclear Free Zone Treaty (the Treaty)

Have Agreed as follows:

Article 1

Each Party undertakes to apply, in respect of the territories
for which it is internationally responsible situated within the
South Pacific Nuclear Free Zone, the prohibitions contained in
Articles 3, 5 and 6, insofar as they relate to the manufacture,
stationing and testing of the nuclear explosive device within
those territories, and the safeguards specified in Article 8
(2)(c) and Annex 2 of the Treaty.

Article 2

Each Party may, by written notification to the depositary,
indicate its acceptance from the date of such notification of
any alteration to its obligations under this Protocol brought
about by the entry into force of an amendment to the Treaty
pursuant to Article 11 of the Treaty.

Article 3

This Protocol shall be open for signature by France, the United
Kingdom of Great Britain and Northern Ireland and the United
States of America.

Article 4

This Protocol shall be subject to ratification.

Article 5

This Protocol shall enter into force for each State on the date
of its deposit with the depositary of its instrument of
ratification.

IN WITNESS WHEREOF the undersigned, being duly authorised by
their Governments, have signed this Protocol.

DONE at , this day of , One thousand nine hundred and
eighty-[five], in a single original in the English language.

PROTOCOL 2

The Parties to this Protocol

Noting the South Pacific Nuclear Free Zone Treaty (the Treaty)

Have Agreed as follows:

Article 1

Each Party undertakes not to contribute to any act which
constitutes a violation of the Treaty or its Protocols by
Parties to them.

Article 2

Each Party further undertakes not to use or threaten to use any
nuclear explosive device against:

a) Parties to the Treaty; or

b) any territory within the South Pacific Nuclear Free Zone for
which a State that has become a Party to Protocol I is
internationally responsible.

Article 3

Each Party may, by written notification to the depositary,
indicate its acceptance from the date of such notification of
any alteration to its obligations under this Protocol brought
about by the entry into force of an amendment to the Treaty
pursuant to Article 11 of the Treaty or by the extension of the
South Pacific Nuclear Free Zone pursuant to Article 12(3) of the
Treaty.

Article 4

This Protocol shall be open for signature by France, the
People's Republic of China, the Union of Soviet Socialist
Republics, the United Kingdom of Great Britain and Northern
Ireland and the United States of America.

Article 5

This Protocol shall be subject to ratification.

Article 6

This Protocol shall enter into force for each State on the date
of its deposit with the depositary of its instrument of
ratification.

IN WITNESS WHEREOF the undersigned, being duly authorised by,
their Governments, have signed this Protocol.

DONE at , this day of , One thousand nine hundred and
eighty-[five], in a single original in the English language.

PROTOCOL 3

The Parties to this Protocol

Noting the South Pacific Nuclear Free Zone Treaty (the Treaty)

Have Agreed as follows:

Article 1

Each Party undertakes not to test any nuclear explosive device
anywhere within the South Pacific Nuclear Free Zone.

Article 2

Each Party may, by written notification to the depositary,
indicate its acceptance from the date of such notification of
any alteration to its obligation under this Protocol brought
about by the entry into force of an amendment to the Treaty
pursuant to Article 11 of the Treaty or by the extension of the
South Pacific Nuclear Free Zone pursuant to Article 12(3) of the
Treaty.

Article 3

This Protocol shall be open for signature by France, the
People's Republic of China, the Union of Soviet Socialist
Republics, the United Kingdom of Great Britain and Northern
Ireland and the United States of America.

Article 4

This Protocol shall be subject to ratification.