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3 February 2000
City of Ulaanbaatar
(Translation from Mongolian)
CHAPTER ONE
General provisions
Article 1. Purpose of the Law
The purpose of the present Law is to regulate relations pertaining to the preservation of the territory of Mongolia in its entirety, including its air space, land, waters and the sub-soil free from nuclear weapons, which constitutes an important factor for ensuring Mongolia's security.
Article 2. Legislation on Mongolia's nuclear-weapon-free status
2.1 The legislation on Mongolia's nuclear-weapon-free status
shall consist of the
Constitution of Mongolia, the present Law and other legislative acts adopted in
conformity with them.
2.2 In case an international treaty to which Mongolia is a
party contains provisions
different from those provided for in the present Law, the provisions of the
international treaty shall prevail.
Article 3. Definitions
3.1. The definitions contained in the present Law shall have the following meaning:
3.1.1 "nuclear weapon" means any explosive device that is capable of
releasing nuclear
energy in an uncontrollable manner and that can be used for hostile purposes;
3.1.2. "nuclear-weapon-free status" means a legal status of being free
from nuclear
weapons.
Article 4. Prohibitions resulting from the nuclear-weapon-free
status
4.1 An individual, legal person or any foreign State shall be
prohibited on the
territory of Mongolia from committing, initiating or participating in the
following
acts or activities relating to nuclear weapons:
4.1.1 develop, manufacture or otherwise acquire, possess or have
control over nuclear
weapons;
4.1.2 station or transport nuclear weapons by any means;
4.1.3 test or use nuclear weapons;
4.1.4 dump or dispose nuclear weapons grade radioactive
material or nuclear waste.
4.2 Transportation through the territory of Mongolia of
nuclear weapons, parts or
components thereof, as well as of nuclear waste or any other nuclear material
designed or produced for weapons purposes shall be prohibited.
Article 5. Uses of nuclear energy and technology
5.1 The use of nuclear energy and technology shall be
permitted only by the State
administrative authority in charge of nuclear energy and solely for peaceful
purposes such as health care, mining, energy production and scientific research
in
accordance with the provisions of the international treaties to which Mongolia
is a
party as well as in conformity with the norms and principles of international
law.
5.2 For the purpose of implementing Article 5.1 of the present
Law and banning the
dumping or storage in the vicinity of the borders of Mongolia of nuclear
material
or waste that might directly or in the long run indirectly adversely affect the
safety
of the population and the environment, Mongolia shall cooperate with the
International Atomic Energy Agency (IAEA), other appropriate international
organizations and the States that have nuclear programs.
CHAPTER TWO
Verification
Article 6. National verification of the implementation of the legislation on the nuclear-weapon-free status
6.1 On the basis of the proposals of the central
administrative authority in charge of
foreign relations and of other organizations, the National Security Council of
Mongolia shall, within its functions and competence, coordinate the following
activities:
6.1.1 implementing of a single State policy concerning the
prohibited and
permitted activities pertaining to the nuclear-weapon-free status in
Mongolia;
6.1.2 institutionalizing internationally Mongolia's nuclear-weapon-free
status;
6.1.3 taking an active part in the activities of the appropriate
international
organizations, exchanging information on the prohibited and permitted
activities in Mongolia and providing information to national organizations.
6.2 The competent authority of Mongolia shall have the right
to gather information,
stop, detain and search any suspected aircraft, train, vehicle, individual or
group
of persons.
6.3 The central administrative authority in charge of foreign
relations shall be
entrusted with monitoring the compliance with the present Law and the
international commitments assumed by Mongolia in connection with the
nuclear-weapon-free status.
6.4 Non-governmental organizations or individuals may, within
the mandate provided
for by the legislation, exercise public oversight of the implementation of the
legislation on the nuclear-weapon-free status and submit proposals thereon to
the
relevant State authority.
Article 7. International verification on the implementation of the legislation on the nuclear-weapon-free status
7.1 Mongolia shall conduct international verification over the
implementation of the
present Law in cooperation with the relevant international organizations or by
concluding special international agreements thereon.
CHAPTER THREE
Liability
Article 8. Liability for violation of the legislation on the nuclear-weapon-free status
8.1 An individual or legal person that violates Article 4 of
the present Law shall be
held liable in accordance with the Criminal Code.
8.2 The facility, equipment, material, raw material or means
of transportation
used for the activities prohibited by Article 4.1 of the present Law shall be
expropriated by the State.
8.3 An individual or legal person that violates the present
Law shall pay
compensation for the damage caused to the interests of Mongolia as well as to
the
population, the environment and the properties in accordance with the relevant
legislation of Mongolia or in conformity with the appropriate international
treaty,
the principles and norms of international law.
8.4 In case of violation or suspected violation of the present
Law by a foreign State,
Mongolia shall, within its international treaty obligations or norms and
principles
of international law, officially notify the State concerned of the violation or
suspected violation, request explanation and peacefully resolve any question
that
may arise therefrom. If deemed necessary, the International Atomic Energy
Agency (IAEA) and other relevant bodies could be asked for assistance. In case
of
a dispute of a legal nature, measures could be taken up to referring the matter
to
the relevant international court or arbitration.
Article 9. Amendment and termination of the Law
9.1 If the vital interests of Mongolia are affected, the
present Law may be amended or
terminated.
CHAIRMAN OF THE STATE
R. GONCHIGDORJ
GREAT HURAL OF MONGOLIA
x x x
of the State Great Hural of Mongolia
February 3, 2000
No. 19
City of Ulaanbaatar
with the adoption of the law on the
nuclear-weapon-free status
Mongolia consistently advocates disarmament and, on its part, is taking concrete steps to promote the goal of non-proliferation of nuclear weapons. Within the framework of this policy, in 1992 Mongolia declared its territory a nuclear-weapon-free zone and has since been pursuing the policy of and taking the measures aimed at institutionalizing and guaranteeing it. One of the results of such a policy has been the adoption by the United Nations General Assembly at its 53rd regular session on 4 December, 1998 of the resolution 53/77D entitled "Mongolia's international security and nuclear-weapon-free status".
Keeping Mongolia's territory free of nuclear weapons is fully in line with its policy aimed at strengthening its national security by political and diplomatic means.
Strengthening Mongolia's nuclear-weapon-free status at the State policy level, further clearer defining of the status and its observance would be important in strengthening mutual confidence and Mongolia's external security environment as well as in linking the country's national security to regional security and stability.
Mongolia's nuclear-weapon-free status represents a novel approach in the practice of international relations, which in its wider context could be considered as our country's concrete contribution to the policy and efforts of the international community aimed at strengthening the regime of non-proliferation of nuclear weapons.
Based on the all above and in connection with the adoption of the Law of Mongolia on nuclear-weapon-free status, the State Great Hural of Mongolia resolves:
1. To mandate the Government /R. Amarjargal/ to take the following measures:
1/ to actively cooperate with and acquire assistance from the relevant States, international organizations, including the International Atomic Energy Agency, in implementing the Law of Mongolia on the nuclear-weapon-free status and the United Nations General Assembly resolution entitled "Mongolia's international security and nuclear-weapon-free status";
2/ to take the necessary measures to ensure normal functioning of the stations designed to monitor nuclear weapons tests, that are situated on the territory of Mongolia;
3/ to report, as the case may be, to the Standing Committee on Security and Foreign Policy Affairs of the State Great Hural of Mongolia on the implementation of the Law of Mongolia on the nuclear-weapon-free status, of the present Resolution and other legislative acts adopted in conformity with them.
2. The present Resolution shall be implemented from the day of the entry into
force of the Law of Mongolia on the nuclear-weapon-free status.
This
material is produced independently for NTI by the James Martin
Center for Nonproliferation Studies at the Monterey Institute of
International Studies and does not necessarily reflect the
opinions of and has not been independently verified by NTI or
its directors, officers, employees, agents. Copyright © 2007 by
MIIS.
