CPPNM and its Amendment

1. Why are the CPPNM and its Amendment important?
2. Is the CPPNM and its Amendment one or two treaties?
3. What are the new obligations for the States under the Amendment?
4. Can a non-IAEA Member State become party to the Convention and its Amendment?
5. Can a State join the Amendment when it is not party to the original CPPNM?
6. Why should countries without nuclear facilities join the CPPNM and its Amendment?
7. Why is the universalization of the CPPNM and its Amendment important?
8. Is adherence to and full implementation of the CPPNM and its Amendment a condition for countries to be able to use nuclear technology?
9. What do States need to do to obtain assistance from the IAEA to support their efforts to adhere to and effectively implement the CPPNM and its Amendment?
10. What is the role of Points of Contact under the CPPNM and its Amendment?
11. What kind of information does a State Party have to provide on its laws and regulations giving effect to the CPPNM and its Amendment under Article 14.1?
12. What was the objective of the 2022 Conference of the Parties to the Amendment to the CPPNM?
13. Will there be more such review conferences for the CPPNM as amended?

1. Why are the CPPNM and its Amendment important?

Nuclear technology, making use of nuclear and other radioactive materials, holds the promise of significant benefits in a variety of fields, from medicine and agriculture to electricity production and industry. However, it is important to recognize the threat of criminal or intentional unauthorized acts involving or directed at these materials and associated facilities.
The objective of a State’s nuclear security regime is to protect persons, property, society and the environment from harmful consequences of a nuclear security event. The CPPNM, as strengthened by its Amendment, is one of the main international tools to protect nuclear material and facilities from criminal or intentional unauthorized acts by providing a foundation for establishing effective physical protection regimes, forming a basis for cooperation and assistance and harmonizing approaches to combatting criminal acts aimed at or involving nuclear material and facilities.
The CPPNM and its Amendment remain the only internationally legally binding undertakings in the area of physical protection of nuclear material and of nuclear facilities used for peaceful purposes.

2. Is the CPPNM and its Amendment one or two treaties?

The CPPNM was adopted on 26 October 1979 and came into force on 8 February 1987. The Amendment to the CPPNM was adopted on 8 July 2005 and entered into force on 8 May 2016.

The CPPNM and its Amendment are not separate treaties, rather there is a treaty, which is binding on all Parties thereto, and an Amendment to that treaty, which, pursuant to Article 20.2 of the CPPNM, is only binding on those Parties that have ratified, accepted or approved it. Until all Parties
to the original CPPNM have ratified, acceded to or approved the Amendment, the original CPPNM remains in force. Only after all Parties to the original CPPNM have become party to the Amendment will the original CPPNM cease to exist.

3. What are the new obligations for the States under the Amendment?

The Amendment significantly strengthens the original CPPNM in a number of important ways. Instead of only requiring physical protection measures for nuclear material in international transport, the Amendment extends the scope of the original treaty, setting out obligations for Parties to ensure physical protection of all nuclear facilities and nuclear material used for peaceful purposes under their jurisdiction. The Amendment also adds to the list of criminal offences by covering nuclear material smuggling and sabotage of nuclear material and facilities. And, the Amendment provides for enhanced international cooperation, including assistance and information sharing in the event of sabotage.

4. Can a non-IAEA Member State become party to the Convention and its Amendment?

Yes, the CPPNM is open for accession by all States, whether or not they are IAEA Member States, and Parties to the CPPNM can join the Amendment. The list of Parties to the CPPNM can be found at Agreement Status, and the list of Parties to the Amendment is available at Agreement Status at Convention on the Physical Protection of Nuclear Material (CPPNM) and its Amendment | IAEA. 

5. Can a State join the Amendment when it is not party to the original CPPNM?

Pursuant to Article 20.2, the Amendment is open for ratification, acceptance or approval by Parties to the CPPNM. States that are not yet party to the CPPNM must join the CPPNM before joining the Amendment. Non-Parties wishing to join both the CPPNM and its Amendment can do so by either depositing separate instruments for each or by using a single instrument for both. This means that non-Parties can join the CPPNM and its Amendment at the same time. Sample instruments are available at Convention on the Physical Protection of Nuclear Material (CPPNM) and its Amendment.

6. Why should countries without nuclear facilities join the CPPNM and its Amendment?

The CPPNM and its Amendment are pertinent for all States, not just those with nuclear facilities or nuclear material. They provide for a strengthened international framework to combat nuclear terrorism and secure nuclear material, thus reducing the likelihood of malicious acts. They, thereby, enhance the national security of each State. They further provide a basis for international cooperation, assistance and information exchange, for instance, when it comes to successfully investigating, prosecuting and punishing persons involved in acts criminalized under the CPPNM and its Amendment. Thus, joining and effectively implementing the CPPNM and its Amendment, even for States without nuclear materials, can help to ensure that those involved in terrorist and other criminal acts involving nuclear material are brought to justice and are denied safe haven.

7. Why is the universalization of the CPPNM and its Amendment important?

Universalization of the CPPNM and its Amendment will be achieved when all CPPNM States Parties have joined the Amendment and all other States have joined the CPPNM and its Amendment.
Universal adherence to and full implementation of the CPPNM and its Amendment will harmonize national approaches to preventing and responding to criminal and other unauthorized acts involving nuclear material and facilities, thereby helping to reduce the likelihood of malicious acts involving nuclear material and/or facilities and strengthening nuclear security at national, regional and international levels.

8. Is adherence to and full implementation of the CPPNM and its Amendment a condition for countries to be able to use nuclear technology?

Joining and fully implementing the CPPNM and its Amendment is a crucial part of ensuring the safe, secure and peaceful use of nuclear technology. It is not, however, a condition for States to access or utilize nuclear technologies for peaceful applications. All states are encouraged to adhere to the CPPNM and its Amendment.

9. What do States need to do to obtain assistance from the IAEA to support their efforts to adhere to and effectively implement the CPPNM and its Amendment?

The Agency offers a range of legislative and technical assistance to facilitate adherence to and implementation of relevant international legal instruments, including the CPPNM and its Amendment. States that wish to receive the Agency’s assistance concerning the CPPNM and its Amendment are advised to send an official request to the Director of the Division of Nuclear Security or to express their specific needs in their Integrated Nuclear Security Support Plans (INSSP). States wishing to receive support related to drafting and review of relevant national legislation may send such requests to the contact point of the Agency’s legislative assistance programme (Legislative-Assistance.Contact-Point@iaea.org).

10. What is the role of Points of Contact under the CPPNM and its Amendment?

According to Article 5 of the CPPNM, “States Parties shall identify and make known to each other directly or through the International Atomic Energy Agency their Central Authority and Point of Contact having responsibility for physical protection of nuclear material and for coordinating recovery and response operations in the event of any unauthorized removal, use or alteration of nuclear material or in the event of credible threat thereof”.
Similarly, under Article 5 of the Amendment, “States Parties shall identify and make known to each other directly or through the International Atomic Energy Agency their point of contact in relation to matters within the scope of this Convention”. The IAEA maintains on its NUSEC portal a list of the Points of Contact and Competent Authorities communicated by the Parties to the CPPNM and the Amendment.
The role of Points of Contact is thus related to coordination and facilitation of cooperation and information exchange pursuant to relevant provisions of the Convention.

11. What kind of information does a State Party have to provide on its laws and regulations giving effect to the CPPNM and its Amendment under Article 14.1?

Pursuant to Article 14.1, Parties must inform the IAEA Director General, as depositary, of their laws and regulations which give effect to this Convention. As part of the depositary functions under the Convention, the IAEA receives information provided under Article 14.1 and communicates it to all Parties via the password-protected Nuclear Security Information Portal (NUSEC). 
There is no specific guidance given in the Convention in terms of the type or form of such information. As requested by Parties to the CPPNM and its Amendment, the IAEA has circulated a template that was developed by States, which could be used on a voluntary basis by the Parties in providing information pursuant to Article 14.1. This template can be found on NUSEC.

12. What was the objective of the 2022 Conference of the Parties to the Amendment to the CPPNM?

As foreseen in Article 16.1 of the CPPNM as amended, the Director General of the IAEA, as depositary, convened a Conference of the Parties to the Amendment to the CPPNM from 28 March to 1 April 2022 to review the implementation of the Convention as amended and its adequacy as concerns the preamble, the whole of the operative part and the annexes in the light of the then prevailing situation. This was the first such Conference held following the entry into force of the Amendment on 8 May 2016. The Conference adopted a final Outcome Document by consensus in which, inter alia, the Conference concluded that, in the light of the prevailing situation, the Convention as amended is adequate as concerns the preamble, the whole of the operative part and the annexes.

13. Will there be more such review conferences for the CPPNM as amended?

A majority of Parties to the Amendment have requested the Director General of the IAEA, as the depositary, to convene a next conference, in accordance with Article 16.2 of the Convention as amended. There will thus be another such conference in not less than five years following the 2022 Conference.