Chapter 2

How Does the Treaty Work?

The NPT entails a careful balance of commitments between the nuclear weapon states that are party to the treaty and its other, non-nuclear weapon state members. Under the treaty, a country is defined as a nuclear weapon state if it had detonated a nuclear explosive before January 1, 1967, when the treaty was nearing completion. The NPT is a "bargain" between the nuclear "haves" at the time it was completed and the nuclear "have-nots."

The nuclear weapons states under the treaty are China, France, the Russian Federation (as successor of the Soviet Union), the United Kingdom, and the United States. Under the NPT, the nuclear weapon states promise not to transfer nuclear weapons to any other state or assist any non-nuclear weapon state in acquiring, manufacturing or controlling nuclear weapons. Although they are permitted to retain their nuclear weapons, nuclear weapon states are also committed under the treaty to engage in negotiations on nuclear disarmament and on ending the nuclear arms race. The NPT is the only multilateral treaty that legally binds the five nations that had nuclear weapons in 1967 to pursue nuclear disarmament negotiations.

The NPT regime provides incentives and reassurances to states willing to renounce nuclear weapons. In exchange for the commitment to forego developing nuclear weapons, non-nuclear weapon states gain access to nuclear materials and technology for peaceful uses of nuclear energy under International Atomic Energy Agency (IAEA) safeguards. The NPT commits the non-nuclear weapon states not to build, acquire, or possess nuclear weapons and to accept safeguards on all of their nuclear activities and materials to confirm that these are not being used for nuclear weapons.

IAEA safeguards serve as the verification mechanism for the NPT ensuring that NNWS are complying with their nonproliferation obligations. NNWS are required to conclude an agreement with the IAEA for the application of comprehensive or full-scope safeguards. Safeguards—accounting and auditing procedures, including on-site inspections—are to be applied to all nuclear materials that could readily contribute to the development of nuclear weapons in NNWS parties. Safeguards verify that nuclear activities and materials are not diverted to nuclear weapons. However, they do not verify that a state has not acquired a nuclear weapon by other means even though that is one of the prohibitions under the treaty. These safeguard agreements are to enter into force not later than 18 months after the date of initiation of negotiations between the NNWS and the IAEA.

Over the years, the IAEA has broadened the scope of the materials and facilities that safeguards cover and strengthened safeguards techniques. In 1992, following revelations that Iraq had violated its safeguards obligations under the NPT by operating nuclear facilities that it had not declared to the IAEA, the IAEA Board of Governors reaffirmed the agency's authority to conduct "special inspections" of suspected undeclared sites in NPT non-nuclear weapon states. In 1997, the IAEA Board of Governors adopted a model protocol, which, when ratified by an NPT non-nuclear weapon state, will provide expanded inspection authority for the IAEA in that state. Known as the "Additional Protocol" (INFCIRC/540), it will give the IAEA increased access to all aspects of a non-nuclear weapon state's nuclear program, even where nuclear material is not involved; require more detailed information on that program; allow for use of improved verification technologies (such as environmental sampling); and require more extensive inspections at declared nuclear sites.

Multimedia: Safeguards

 

Chapter 2, page 2 of 2

This material is produced independently for NTI by the 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 © 2004 by MIIS.