Implementing Legislation

As highlighted in the Co-Chairs Summary of the 10th anniversary event of the entry into force of ICSANT, “States should ensure that criminalization penalties for acts involving the willful, unauthorized acquisition, possession, use, transfer or transport of radioactive materials are appropriately encoded into national law and should create opportunities to exchange information with partner countries on the subject specifically […] While there is no single correct way to implement the conventions on a national level, models provided by other countries […] can provide guidance on national implementation”.

In September 2020, as part of its promotion of the universalization and effective implementation of ICSANT, UNODC sent a letter to all ICSANT States Parties inviting them to submit information on its legislation implementing the criminalization requirements of Article 2 of ICSANT.

An example of the letter can be found here.

Below is the information received. Please note that, unless stated otherwise, all translations into English are unofficial.

Algeria

  • Presidential Decree No. 10-270 of 26 Dhou El Kaada 1431 (Arabic, English, French)
  • Presidential Decree No. 14-195 of 8 Ramadhan 1435 (Arabic, English, French)
  • Official Journal- International Conventions and Agreements, Laws and Decrees, Orders, Decisions, Notices, Communications and Announcements (Arabic, English, French)

Armenia

In a communication dated 2 December 2020, Armenia indicated to UNODC that the criminalization requirements of Article 2 of ICSANT are reflected in Articles 217, 227, 233 of the Criminal Code. Several other articles of the Code also have references to crimes involving nuclear or other radioactive material.
  • Criminal Code of the Republic of Armenia (English)

Australia

Austria

Azerbaijan

Brazil

Burundi

Canada

Chile

Costa Rica

Cuba

Czech Republic

Denmark

Finland

Germany

Guatemala

Italy

Iraq

  • Anti-Terrorism Law No. 13 of 2005 (Arabic, English)
  • National Monitoring Authority Law No. 48 of 2012 (Arabic, English)
  • Anti-Terrorism Agency Law No. 31 of 2016 (Arabic, English)
  • Banning the Baath Party, racist, terrorist and expiatory activities, entities, parties and activities Law No. 32 of 2016 (Arabic, English)

Kazakhstan

In a communication dated 8 January 2021, Kazakhstan indicated to UNODC that Articles 283, 284 and 285 of the Penal Code have provisions on illegal handling, theft or extortion, violation of rules of handling radioactive substances, radioactive waste, nuclear material.

Latvia

Lebanon

Lithuania

Luxembourg

Mexico

Mongolia

  • Law of Mongolia on countering weapons of mass destruction, proliferation and terrorism (English, Mongolian)

Morocco

Nauru

  • Counter Terrorism and Transnational Organised Crime Act 2004 (English)
  • Extradition Act 1973 (English)

Niger

Norway

In a communication dated 30 November 2020, Norway indicated to UNODC that Norway has, in order to ratify the International Convention on the Suppression of Acts of Nuclear Terrorism (ICSANT), amended its "Lov om Straff" (Penal Code) §142, which ensures criminalization of offenses as listed in Article 2 and called for by Article 5 of ICSANT. Furthermore, Norway recognizes synergies between ICSANT and other key international legal instruments against nuclear terrorism, namely the CPPNM and its Amendment. Norway has reported on its legislative and regulatory framework in the "Report of Norway pursuant to Article 14.1 of the Amendment to the Convention of the Physical Protection of Nuclear Material". The general legislation includes laws and regulations such as the Security Act, the Penal Code and the Extradition Act.

Panama

Portugal

Qatar

Republic of Moldova

Romania

Russian Federation

San Marino

Saudi Arabia

  • Law of Nuclear and Radiological Control (Arabic, English)
  • National Policy for the Atomic Energy Program of the Kingdom of Saudi Arabia (Arabic, English)
  • Statute of the Nuclear and Radiological Regulatory Commission (Arabic, English)

Singapore

In a communication dated 29 October 2020, Singapore indicated to UNODC that:
a) There is a reference to ICSANT at S/N 32 of Part I of the First Schedule of the following Act:
  • Extradition (International Convention for the Suppression of Acts of Nuclear Terrorism) Notification 2017 (English)
b) There is a reference to offences under the Terrorism (Suppression of Misuse of Radioactive Material) Act 2017 at S/N 404A to 404G of the Second Schedule of the following Act:
  • Mutual Assistance in Criminal Matters Act (English)
c) This Act gives effect to the ICSANT, and provides for connected matters:
  • Terrorism (Suppression of Misuse of Radioactive Material) Act 2017 (English)

Slovakia

In a communication dated 1 December 2020, the Slovak Republic indicated to UNODC that ICSANT has been implemented in the Slovak national order primarily by two amendments to the Penal Code (Act No. 576/2009 Coll. and Act No. 161/2018 Coll.). In this regard, the Slovak Republic would like to highlight the following sections of the Code:
- Section 419, paragraph 1(e) (Terrorist Attack) - see Article 2, paragraphs 1 and 2, ICSANT
- Section 14 (Attempted Criminal Offence) - see Article 2, paragraph 3, ICSANT
- Section 20 (Accomplice) - see Article 2, paragraph 4(a), ICSANT
- Section 419b, paragraph 2(c) (Certain Forms of Participating in Terrorism) and Section 21 (Accessory) - see Article 2, paragraph 4(b), ICSANT
- Section 21 (Accessory) - see Article 2, paragraph 4(c), ICSANT
- Sections 3-7 (Territorial, Personal and Other Jurisdiction) - see Article 9, ICSANT

Slovenia

Spain

State of Palestine*

  • State of Palestine Overview (English)
* The State of Palestine is a non-Member Observer State of the United Nations

Sweden

Switzerland

In a communication dated 1 December 2020, Switzerland indicated to UNODC that in October 2020 Switzerland has adopted its Action Plan 2020-2025 to strengthen radiological security and safety. The action plan includes a chapter on the applicable legal basis.
  • Radiological Protection Act, as amended, of 22 March 1991, Articles 43, 43a, 44 (English, German)
  • Radiological Protection Ordinance of 26 April 2017, Article 199 (English, German)
  • Swiss Criminal Code of 21 December 1937, as amended, Articles 226bis, 226ter (English, German)
  • Action plan to strengthen the radiological security and safety in Switzerland "Radiss" (French, German, Italian)

Thailand

Tunisia

Türkiye

In a communication dated 16 November 2020, Türkiye indicated to UNODC that criminalization penalties for acts involving the willful, unauthorized acquisition, possession, use, transfer or transport of radioactive materials, can be found in Turkish in the following Codes:

Turkmenistan

United Arab Emirates

United States of America

  • United States 18 U.S.C.A. § 2332i (English)

Zambia

  • The Ionising Radiation Act No. 16 of 2005 (English)
  • The Anti-Terrorism Proliferation Act 2018 (English)