ctbto.org · Web viewAct No 17-111 of Republic of Kazakhstan of 22 December 2004 on accession 2...

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National legislation implementing the CTBT and other national measures related thereto The following database contains national legislation which is considered to be either directly related to the implementation of the Comprehensive Nuclear-Test-Ban Treaty (CTBT) or which may be partially applicable to subject matters governed by the CTBT. It is intended to facilitate the research and understanding of how national implementing legislation for the CTBT may be drafted. The legislation was obtained either directly from states or by research into resources accessible to the public. Some of the information may be derived from the reports submitted by states to the United Nations Security Council 1540 Committee, available on the UN website. The Preparatory Commission for the CTBTO does not assume any responsibility for the correctness of the data provided. Inclusion in the database does not represent assessment or endorsement by the Preparatory Commission or its Provisional Technical Secretariat. Copyright CTBTO Preparatory Commission, Legal Services 2017 Page 1 of 49

Transcript of ctbto.org · Web viewAct No 17-111 of Republic of Kazakhstan of 22 December 2004 on accession 2...

National legislation implementing the CTBT and

other national measures related thereto

The following database contains national legislation which is considered to be either directly related to the implementation of the Comprehensive Nuclear-Test-Ban Treaty (CTBT) or which may be partially applicable to subject matters governed by the CTBT. It is intended to facilitate the research and understanding of how national implementing legislation for the CTBT may be drafted. The legislation was obtained either directly from states or by research into resources accessible to the public. Some of the information may be derived from the reports submitted by states to the United Nations Security Council 1540 Committee, available on the UN website. The Preparatory Commission for the CTBTO does not assume any responsibility for the correctness of the data provided.

Inclusion in the database does not represent assessment or endorsement by the Preparatory Commission or its Provisional Technical Secretariat.

Color code of the table:

Blue A link to the legislation or to relevant parts of the legislation exists

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STATENational Legislation implementing the CTBT

National Legislation prohibiting either nuclear tests or nuclear weapons

Penal Provisions Other relevant legislation

Regulations on Privileges and Immunities of the Preparatory Commission

Afghanistan Constitution of the Islamic Republic of Afghanistan – Article 7 observes all international treaties which Afghanistan had signed

Albania Criminal CodeAlgeria Constitution of Algeria

article 132 automatically implements international treaties

Andorra Constitution of the Principality of Andorra – Article 3 effect of treaties and other international organizations

Andorran Penal Code (Title XIV Offenses against collective security)

Sensitive Material Control Act (1999)

Angola Criminal Code – Article 22

Angolan Penal Law

Antigua and Barbuda

Nuclear Material (Offences) Act 1993

Nuclear Material (Offences) Act 1993

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Argentina National Law No. 25,022 approving the CTBT

The National Law on Nuclear Activities 0 Act No. 24,804

Argentine Penal Code – article 189

Agreement on the Exclusively Peaceful use of nuclear energy (Argentina & Brazil)

Armenia Criminal CodeAustralia Comprehensive

Nuclear Test-Ban Treaty Act 1998, as amended

Foreign Affairs & Trade Legislation Amendment Act 2001

Weapons of Mass Destruction Act 1995

Non-Proliferation Legislation Amendment Act 2007 (Bill of 2006 included)

Non-proliferation Legislation Amendment Act 2003

Non-Proliferation Legislation Amendment Bill 2003

Preparatory Commission for the [CTBTO] (Privileges and Immunities) Regulations 2000 and Amendment 2004 (no.1)

Int’l Organizations (Privileges & Immunities) Act 1963, Act 50 as amended up to 2006

Austria Federal Constitutional Act concerning a Nuclear-Free Austria, 1999

Penal Code Agreement between the Republic of Austria and the Preparatory Commission for the [CTBTO] regarding the seat of the Commission

Azerbaijan Criminal Code Articles 206.2-206.4, 226, 227 and 350

Bangladesh Nuclear Safety & Radiation (Control) Act, 1993

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Barbados Explosives Act, Cap. 162

Belarus Presidential Decree no. 199 of 19 April 2000 on implementation by Belarus of its obligations under the [CTBT designating the National Authority]

By-law of the Council of Ministers no. 1170 of 28 July 2000 on implementation of the CTBT [NDC, budget, staff]

Criminal Code of 1999 no. 255-3

Belgium Law on State Security in the field of nuclear energy dated 24 August 1955

Bhutan Constitution Article 10 (25) – automatic acceptance of international treaties

Civil & Criminal Procedure Code (29) – automatic acceptance of international treaties

Penal Code of Bhutan – chapter 32

Bolivia Treaty of Tlatelolco

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Bosnia and Herzegovina

Criminal Code Articles 192- 194 , 201

Botswana Explosives Act Diplomatic Immunities & Privileges Act (1968)

Brazil Legislative Decree No. 64 of 1998 approving the text of the CTBT

Constitution of Brazil, as amended in 2006 Title III, chapter 2, article 21, section XXIII (a)

Brunei Internal Security Act 1984, chapter 133

Bulgaria Constitution of the Republic of Bulgaria chapter 1, article 5 (4) automatically implements treaties that have been ratified

Council of Ministers Decision of 2003 on the National Authority

Burkina Faso Decree no. 022 of 2009

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Cambodia Constitution of Cambodia (as adopted on 21 September 1993) chapter IV, article 54 prohibits nuclear weapons

Law on the Prohibition of Chemical, Nuclear, Biological and Radiological Weapons

Royal Decree on the Establishment of the National Authority for the Prohibition of Chemical, Nuclear, Biological and Radioactive Weapons

Sub-Decree on the Organization and Functioning of the General Secretariat of the National Authority for the Prohibition of Chemical, Nuclear, Biological and Radiological Weapons

Canada Comprehensive Nuclear Test-Ban Treaty Implementation Act 1998

Order respecting Privileges and Immunities in relation to the Preparatory Commission for the CTBTO and its Provisional Technical Secretariat

Cape Verde The Constitution of the Republic of Cape Verde- integration of international treaties into domestic law – Article 11, 12

Criminal Code Article 249, 295

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Chile Act 17,798 on Control of Arms, Explosives and Similar Elements

China Law of Hong Kong Chapter 526

Amendment III to the Criminal Law of the People’s Republic of China

Regulations of the People’s Republic of China on Export Control of Missiles and Missile-related Items and Technologies

Colombia Law 660 of 30 July 2001 approving the CTBT

Constitution of Colombia article 81, prohibits nuclear weapons

Código Penal - Act no. 599/2000 (amended by Act no. 890/2004), articles 350-367

Cook Islands Nuclear Test-Ban Implementation Act 2007

Act to implement CTBT (2000)

Costa Rica Law No. 8094 of 2 March 2001 approving the CTBT

Executive Decree No. 29 803

Arms & Explosives Act

Côte d’Ivoire Constitution of Côte d’Ivoire article 87 automatically implements international treaties

Croatia Constitution of Croatia (2001) article 140, automatically implements international agreements

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Cuba Laws Against Acts of Terrorism

Cyprus The Protection from Ionizing radiation Law 2002

EURATOM regulations

The Protection from Ionizing radiation Law 2002

Democratic Republic ofthe Congo

Constitution of the DR of Congo article 215 automatically implements international treaties

Czech Republic Peaceful utilization of nuclear energy and ionizing radiation act 1997 section 5

Government resolution no. 883 on measures facilitating the implementation of the CTBT

Government Decision No. 535 of 16 October 1996, designating the National Authority

Government Decision No. 883 of 23 December 1998 [budget for Preparatory Commission contribution, costs of AS26, staff]

Denmark Act no. 403 of June 1999 on measures pursuant to the [CTBT]

Weapons Act sections 1, 2 and 5

Weapons Act section 10 Criminal Code section

192 a

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Djibouti Constitution of Djibouti article 37 automatically implements international treaties

Dominican Republic

Constitution article 67.2 prohibits nuclear weapons

Code of Criminal Procedure article 1 on the primacy of the constitution and treaties automatically implements international treaties

Ecuador Constitution of the Republic of Ecuador title I, article 163 automatically implements international treaties

Constitution of the Republic of Ecuador article 90 prohibits nuclear weapons

Egypt Presidential Decree no 152 (2006)

El Salvador In conformity with the legal system, ratified treaties are incorporate into national legislation

Criminal Code article 264 on the release of any type of energy that endangers the life or the health of persons or their property, even if no explosion occurs

Constitution Article 55

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Estonia CTBT Ratification Act 1999

1999 Amendment to the Penal Code section 405 on causing an explosion using nuclear energy

Ethiopia Ratified 16 June 2006

Criminal Code Drug Administration and Control Proclamation

Fiji Arms and Ammunition Act (2003)

Chemical Weapons Convention Act (2005)

Finland Ratified 5 January 1999

Penal Code 39/1889 with amendments up to 940/2008

France Defence Code articles L. 1333-1 to L. 1333-13

Gambia Criminal code Article 79 Anti-Terrorism Act Part VII

Georgia Criminal Code article 230- 232

Criminal Code article 230

Germany Statute of July 1998 on the [CTBT]

War Weapons Control Act 1961

1999 Amendment of the Penal Code section 307 & 328 on causing, inducing another or encouraging a nuclear explosion

Ghana Guide no. GRPB-G4

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Greece Constitution of Greece article 28 automatically implements international treaties

Penal Code article 187 and 187a

Grenada Terrorism Act no. 5 of 2003

Guatemala Congress Decree 20-2011 approving the CTBT

Arms and Ammunition Act (Decree-Law No. 38-3-)

Restricted Items Act (Decree-Law No.123-85)

Honduras Constitution of Honduras chapter III, article 16 automatically implements international treaties

Hungary Government Resolution No. 2087/1999 (5 May) on ratification of the CTBT and designation of the National Authority

Constitution of Hungary automatically implements international treaties

Criminal Code section 160/A

Government Resolution No. 2087/1999 (5 May) on ratification of the CTBT and designation of the National Authority

Iceland Penal Code article 169 a India Penal Code Explosives Act , 1884

The Atomic Energy Act, 1962

India Explosives Substances Act, 1908

The Arms Act, 1959

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Indonesia penal code Export ControlIran Islamic Penal CodeIraq Constitution of Iraq article

9, paragraph 1 (e) prohibits nuclear weapons

Law No. 48 (2012): Law on the National Monitoring Authority on the Prohibition of Nuclear, Chemical and Biological Weapons

Ireland Nuclear Test Ban Act 2008

Radiological Protection Act 1991

Nuclear Weapons (Prohibition of Investments) Bill 2012

Italy Law no. 484 of 15 December 1998 “Implementation and Ratification of the CTBT, including its Protocols and Annexes, as adopted by the General Assembly of the United Nations on 10 September 1996”

Law no. 197 of 24 July 2003 “Amendments and Integration to Law no. 484 of 15 December 1998 concerning the CTBT”

Law no. 185 of 9 July 1990 article 1.7 prohibits nuclear weapons

Law no. 497 of 14 October 1974 articles 9, 10 and 12

Legislative Decree 230 of 17 March 1995

Law 1318 of 20 December 1957

EU Council Directive 77/388/EEC of 17 May 1977

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Jamaica The Gun Powder & Explosives Act

Japan Constitution of Japan chapter X, article 98 automatically implements international treaties

The Explosives Control Act prohibits nuclear weapons

Law no. 80 concerning the Partial Amendment of the Law concerning the regulation of Nuclear Source Materials, Nuclear Fuel Materials and Reactors

Jordan Nuclear Energy and Radiation Protection Act 2001, article 23

Nuclear Energy and Radiation Protection Act 2001, article 15 (a)

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Kazakhstan Ratified 14 December 2001

Criminal Code articles 158-161

Act on Nuclear Energy Use of 14 April 1997

II. and III. Act “On Nuclear Energy Use” of 14 April 1997

Act No 17-111 of Republic of Kazakhstan of 22 December 2004 on accession 2 October 2005

NWFZ in Central Asia signed 8 Sept 2006

Convention on Nuclear Safety

Treaty on the Reduction and Limitation of Strategic Offensive Weapons

Law on the Protection of the Environment, Art 57

Government decision No 769 on the organization of State accounting and control system for nuclear materials and sources of ionizing radiation of22 December 2005

Act No 214 on Licensing of 11 Additional

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Kenya Radiation Protection Act

Kiribati Penal code(Chapter 67) Chemical Weapons Prohibition Act, 2006

Kuwait Constitution of Kuwait article 70 automatically implements international treaties

Kyrgyzstan Constitution of the Republic of Kyrgyzstan article 12 automatically implements international treaties

Criminal Code

Lao People’s Democratic Republic

Penal Code Penal Law Amendments ( Article 165)

Latvia Criminal Code chapter 1, section 73 and 89

Liechtenstein Swiss Federal Law on War Material of 13 December 1996 chapter II, article 7 (this legislation is also effective in Liechtenstein)

Swiss Federal Law on War Material of 13 December 1996 chapter II, article 34

Lithuania Constitution of the Republic of Lithuania article 138 (6) automatically implements international treaties

Law on Environmental Protection article 21

Criminal Code articles 256-257

Government resolution of 12 July 1998, designating the National Authority

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Luxembourg Act of December 1974 on the Ratification of the NPT

Macedonia Constitution of Macedonia article 118 automatically implements international agreements

Madagascar Constitution of Madagascar title IV, article 132.5 automatically implements international treaties

Ministerial Order No. 5983/99, establishing the National Authority

Malaysia Internal Security Act 1960

Penal Code Customs Act 1967 Arms Act 1960 Corrosive and

Explosive Substances and Offensive Weapons Act 1958

Atomic Energy Licensing Act 2001

Prevention and Control of Infectious Disease Act 1988

Poisons Act 1952 Pesticides Act 1974

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Malta Act no. Vi of 2005 Legal Notice no. 237

of 2005 under National Interest (enabling Powers) Act

Marshall Islands

Counter Terrorism Act, 2002 (Specifically Sections ,8, 12, 25)

Mauritius Criminal Code (Article 322-6-1)

Chemical Weapons Convention Act 2003 (Article 7)

Biological & Toxins Weapons Convention Act 2003 (Article 5)

Mexico Decree approving the CTBT (Official Gazette of 1 October 1999)

Decree promulgating the CTBT (Official Gazette of 27 December 1999)

Constitution of Mexico paragraph 7, article 27 providing that nuclear energy shall only be used for peaceful purposes

Federated States of Micronesia

Code of the Federated States of Micronesia, Title 11, Chapter 10 Weapons Control

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Monaco Sovereign Ordinance no. 11,569 of 25 April 1995, giving effect to the NPT

Mongolia Law of Mongolia on the Nuclear-Weapon-Free Status of 3 February 2000, including the prohibition on testing or using nuclear weapons -)in Russian language-)in Spanish language

Resolution 19 of the State Great Hural of Mongolia on measures to be taken in connection with the adoption of the law on its nuclear-weapon-free status, adopted on 3 February 2000

Law on Radiation Protection and Safety articles 36.3, 37.3 and 41.2.6

Montenegro Criminal Code https://www.unodc.org/tldb/showDocument.do?documentUid=7350

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Morocco Decree of 19 April 1914

Decree of 7 December 1994

Mozambique Act Concerning Crimes Against the State Security, Article 13 II

Namibia Atomic Energy and Radiation Protection Act no.5 of 2005

Nauru Criminal Code Nepal Constitution of the

Kingdom of Nepal article 126 (3) automatically implements international treaties

Netherlands Penal Code section 161 Nuclear Energy Act of 21 February 1963

New Zealand Nuclear Test Ban Act 1999

New Zealand Nuclear Free Zone, Disarmament and Arms Control Act 1987, including the prohibition on testing any nuclear explosive device

Diplomatic Privileges (CTBTO PrepCom) Order 2000

Diplomatic Privileges (CTBTO PrepCom) Amendment Order 2009

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Nicaragua Special Act for the Control and Regulation of Firearms, Ammunition, Explosives and Other related Materials article 16 (i) bans weapons that are prohibited under international conventions

Nigeria Atomic Energy Commission Act

Niue Nuie Arms Act , 1998 Niue Firearms Safety

Regulations 2007Norway Draft Government

Bill 57 of 1998-99 Penal Code articles 152-

152bOman Constitution of the

Sultanate of Oman article 76 automatically implements international treaties

Pakistan Pakistan Arms Ordinance, 1965

Palau Constitution of the Republic of Palau

Panama Law No. 104 of 30 December 1998 approving the CTBT

Act no. 14 of 30 October 1990 prohibits the handling of nuclear materials

Papua New Guinea

Explosives Act, 1953

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Paraguay Constitution of the Republic of Paraguay prohibits nuclear weapons

Philippines Constitution of the Philippines article II, section 8 prohibits nuclear weapons

Portugal Constitution of Portugal article 8 automatically implements international treaties

Council of Ministers Resolution No. 102/2001, establishing the National Authority

Qatar Council of Ministers’ Decision no.26 of 2004 on the establishment of a National Weapons-Ban Committee

Constitution of the State of Qatar article 68 implements international treaties

Republic of Korea

Constitution chapter I, article 6 automatically implements international treaties

Atomic Energy Act Act for the Physical

Protection and Radiological Emergency

Criminal Code

Firearms, Knives and Explosives Control Act (FKECA)

Romania Law on the safe deployment of nuclear activities no. 111/10 October 1996

Law on the safe deployment of nuclear activities no. 111/10 October 1996

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Russian Federation

Decision no. 733 of 18 October 2001 designating the National Authority

Decision No. 733 of 18 October 2001, designating the National Authority

Federal Act on Ratification of the CTBT of 2000, article 4 grants until EIF legal capacity to the Preparatory Commission as well as privileges and immunities as are necessary for independent exercise of functions to the Preparatory Commission, staff and delegates

Decree No 2872/36n of 29 February 2012: Amending the List, approved by Decree No 4938/33n of 9 April 2007 of the Ministry of Foreign Affairs of the Russian Federation and the Ministry of Finance of the Russian Federation , of international organizations and their representatives conducting activities on the territory of the Russian Federation to whim the sale of goods, labour and services for official use is subject to a value added tax rate of 0 per cent

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Rwanda Counter-Terrorism Act , 2009 ( Section 4- Chapter 2, Article 23, 105)

https://www.unodc.org/tldb/showDocument.do?documentUid=9127&node=docs&cmd=add&country=RWA

San Marino Criminal Code

Senegal Constitution of Senegal title IX, article 98 automatically implements international treaties

Serbia WIND Nuclear Decommission Programme 2002

Seychelles Constitution article 64.4 automatically implements international treaties as soon as they have been ratified

Penal Code Explosives Act Prevention of

Terrorism Act 2004, section 2 (iii) (c )

Firearms and Ammunitions Act

Penal CodeSierra Leone The Explosives Act

(2001)

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Singapore Arms & Explosives Act

Corrosive & Explosive Substances Act & Offensive Weapons Act (Chapter 65)

Explosive Substances Act (Chapter 10)

Slovakia Constitution of Slovakia section 1, article 7, paragraph 5 implements international treaties

Government Resolution 514/1997 of 8 July 1997 designating the National Authority

Act no. 541/2004 on Peaceful Use of Nuclear Energy (Atomic Act) and on Amendments of 1 December 2004, including the prohibition on carrying out nuclear weapons test explosions or any other nuclear explosions or to support or participate in them

Government Resolution 514/1997 of 8 July 1997, designating the National Authority

Slovenia Act on Protection Against Ionizing Radiation and on Nuclear Safety of 2002

South Africa Non-Proliferation of Weapons of Mass Destruction Act no. 87 of 1993

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Spain Act of criminal offences threatening the public safety articles 341, 343 and 345

Sri Lanka Atomic Energy Authority Act article 22

Sweden Act SFS 1998:1702 on Inspections under the CTBT

Act amending Act (1984:3) on nuclear activities

Act SFS 1998:1703 amending the Criminal Code

Act SFS 1998:1704 amending Act (1976:661) on Privileges and Immunities

Act SFS 1998:1703 amending the Criminal Code

Sweden Penal Code Amendments Sec 6c and 7

Government Bill 1997/ 98:174 Sweden’s access to UN treaty completely banning nuclear explosions (Ratification unclear)

Act SFS 1998:1704 amending Act (1976:661) on Privileges and Immunities

Switzerland Swiss Federal Law on War Material of 13 December 1996 chapter II, article 7

Swiss Federal Law on War Material of 13 December 1996 chapter II, article 34

Syrian Arab Republic

Legislative Decree no. 64 of 2005

Tajikistan Constitution of the Republic of Tajikistan article 10 automatically implements international treaties

Law of Combating Terrorism of 1999 article 4

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Thailand Atomic Energy for Peace Act 1961

The Former Yugoslav Republic of Macedonia

Criminal Code

Tonga Explosives Act Trinidad and Tobago

Anti Terrorism Act 2005 no. 26, article 20

Tunisia Constitution of the Republic of Tunisia article 32 automatically implements international treaties

Act no. 75 of December 2003 on combating terrorism and prevent money laundering

Turkey Constitution of the Republic of Turkey article 90 automatically implements international treaties

Turkish criminal code no. 5237, article 174

Turkmenistan Constitution of Turkmenistan article 6 recognizes the priority of international treaties

Penal Code of 1997, article 271

Ukraine Constitution of Ukraine article 9 automatically implements international treaties

Criminal Code Law on the Fight

against Terrorism of 2003

Presidential Decree designating the National Authority

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United Arab Emirates

Federal Law no. 1 on combating terrorism (in force)

Federal Law no. 4 on the criminalization of money laundering

United Kingdom of Great Britainand Northern Ireland

Nuclear Explosions (Prohibition and Inspections) Act 1998

Anti-terrorism, Crime and Security Act 2001 article 47-49

International Immunities and Privileges. The Preparatory Commission for the CTBTO (Immunities and Privileges) Order No. 1282 of 2004

Resolution dated 12 March 2008 by the Corporation of Hamilton of Bermuda on the Waiver of Goods Wharfage on Infrasound Station (IS51) Equipment

Scottish Statutory Instruments, Int’l Immunities & Privileges, Int’l Organisations, No. 44, Order of 11 Feb. 2009

Int’l Immunities & Privileges, The Preparatory Commission for CTBTO, No. 1282 of 2004

United Republic of Tanzania

Atomic Energy Act 2003

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Uzbekistan Criminal Code article 246 on smuggling; article 252 on unlawful acquisition of radioactive materials; article 253 on violation of regulations governing handling of radioactive materials; article 254 on unlawful handling of radioactive materials; article 255 on violation of regulations governing the operation of nuclear facilities; article 255-1 prohibiting development, production, stockpiling, acquisition, transfer, storage or unlawful acquisition of or any other acts involving weapons of mass destruction prohibited by international agreements to which the Republic of Uzbekistan is party

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Vanuatu Treaty on the Non- Proliferation of Nuclear Weapons (Ratification) Act 1995

Penal Code (Amendment) Act 2003

Venezuela Penal Code articles 272- 275

Constitution of the Republic of Venezuela articles 129 and 324

Vietnam Penal Code articles 236 and 237

Zambia Explosives Act Zimbabwe Explosives Act

European Union

EU Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax (exempts the Commission from value added tax by virtue of the Headquarters Agreement concluded with Austria)

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