THE STATES PARTIES to this Convention,
CONSCIOUS of the implications of acts of
terrorism for international security;
EXPRESSING deep concern regarding terrorist
acts aimed at destruction of aircraft, other
means of transportation and other targets;
CONCERNED that plastic explosives have been
used for such terrorist acts;
CONSIDERING that the marking of such
explosives for the purpose of detection would
contribute significantly to the prevention of
such unlawful acts;
RECOGNIZING that for the purpose of
deterring such unlawful acts there is an
urgent need for an international instrument
obliging States to adopt appropriate measures
to ensure that plastic explosives are duly
marked;
CONSIDERING United Nations Security Council
Resolution 635 of 14 June 1989, and United
Nations General Assembly Resolution 44/29 of 4
December 1989 urging the International Civil
Aviation Organization to intensify its work on
devising an international regime for the
marking of plastic or sheet explosives for the
purpose of detection;
BEARING IN MIND Resolution A27-8 adopted
unanimously by the 27th Session of the
Assembly of the International Civil Aviation
Organization which endorsed with the highest
and overriding priority the preparation of a
new international instrument regarding the
marking of plastic or sheet explosives for
detection;
NOTING with satisfaction the role played by
the Council of the International Civil
Aviation Organization in the preparation of
the Convention as well as its willingness to
assume functions related to its
implementation;
HAVE AGREED as follows:
Article 1
For the purposes of this Convention:
- "Explosives" mean explosive
products, commonly known as "plastic
explosives", including explosives in
flexible or elastic sheet form, as
described in the Technical
Annex to this Convention.
- "Detection agent" means a
substance as described in the Technical
Annex to this Convention which is
introduced into an explosive to render it
detectable.
- "Marking" means introducing
into an explosive a detection agent in
accordance with the Technical
Annex to this Convention. 4.
"Manufacture" means any process,
including reprocessing, that produces
explosives.
- "Duly authorized military
devices" include, but are not
restricted to, shells, bombs, projectiles,
mines, missiles, rockets, shaped charges,
grenades and perforators manufactured
exclusively for military or police
purposes according to the laws and
regulations of the State Party concerned.
6. "Producer State" means any
State in whose territory explosives are
manufactured.
Article 2
Each State Party shall take the necessary
and effective measures to prohibit and prevent
the manufacture in its territory of unmarked
explosives.
Article 3
- Each State Party shall take the
necessary and effective measures to
prohibit and prevent the movement into or
out of its territory of unmarked
explosives.
- The preceding paragraph shall not apply
in respect of movements for purposes not
inconsistent with the objectives of this
Convention, by authorities of a State
Party performing military or police
functions, of unmarked explosives under
the control of that State Party in
accordance with paragraph 1 of Article IV.
Article 4
- Each State Party shall take the
necessary measures to exercise strict and
effective control over the possession and
transfer of possession of unmarked
explosives which have been manufactured in
or brought into its territory prior to the
entry into force of this Convention in
respect of that State, so as to prevent
their diversion or use for purposes
inconsistent with the objectives of this
Convention.
- Each State Party shall take the
necessary measures to ensure that all
stocks of those explosives referred to in
paragraph 1 of this Article not held by
its authorities performing military or
police functions are destroyed or consumed
for purposes not inconsistent with the
objectives of this Convention, marked or
rendered permanently ineffective, within a
period of three years from the entry into
force of this Convention in respect of
that State.
- Each State Party shall take the
necessary measures to ensure that all
stocks of those explosives referred to in
paragraph 1 of this Article held by its
authorities performing military or police
functions and that are not incorporated as
an integral part of duly authorized
military devices are destroyed or consumed
for purposes not inconsistent with the
objectives of this Convention, marked or
rendered permanently ineffective, within a
period of fifteen years from the entry
into force of this Convention in respect
of that State.
- 4. Each State Party shall take the
necessary measures to ensure the
destruction, as soon as possible, in its
territory of unmarked explosives which may
be discovered therein and which are not
referred to in the preceding paragraphs of
this Article, other than stocks of
unmarked explosives held by its
authorities performing military or police
functions and incorporated as an integral
part of duly authorized military devices
at the date of the entry into force of
this Convention in respect of that State.
5. Each State Party shall take the
necessary measures to exercise strict and
effective control over the possession and
transfer of possession of the explosives
referred to in paragraph II of Part 1 of
the Technical
Annex to this Convention so as to
prevent their diversion or use for
purposes inconsistent with the objectives
of this Convention.
- Each State Party shall take the
necessary measures to ensure the
destruction, as soon as possible, in its
territory of unmarked explosives
manufactured since the coming into force
of this Convention in respect of that
State that are not incorporated as
specified in paragraph II (d) of Part 1 of
the Technical
Annex to this Convention and of
unmarked explosives which no longer fall
within the scope of any other
sub-paragraphs of the said paragraph II.
Article 5
- There is established by this Convention
an International Explosives Technical
Commission (hereinafter referred to as
"the Commission") consisting of
not less than fifteen nor more than
nineteen members appointed by the Council
of the International Civil Aviation
Organization (hereinafter referred to as
"the Council") from among
persons nominated by States Parties to
this Convention.
- The members of the Commission shall be
experts having direct and substantial
experience in matters relating to the
manufacture or detection of, or research
in, explosives.
- Members of the Commission shall serve
for a period of three years and shall be
eligible for re-appointment.
- Sessions of the Commission shall be
convened, at least once a year at the
Headquarters of the International Civil
Aviation Organization, or at such places
and times as may be directed or approved
by the Council. 5. The Commission shall
adopt its rules of procedure, subject to
the approval of the Council.
Article 6
- The Commission shall evaluate technical
developments relating to the manufacture,
marking and detection of explosives.
- The Commission, through the Council,
shall report its findings to the States
Parties and international organizations
concerned. 3. Whenever necessary, the
Commission shall make recommendations to
the Council for amendments to the Technical
Annex to this Convention. The
Commission shall endeavour to take its
decisions on such recommendations by
consensus. In the absence of consensus the
Commission shall take such decisions by a
two-thirds majority vote of its members.
- The Council may, on the recommendation
of the Commission, propose to States
Parties amendments to the Technical
Annex to this Convention.
Article 7
- Any State Party may, within ninety days
from the date of notification of a
proposed amendment to the Technical
Annex to this Convention, transmit to
the Council its comments. The Council
shall communicate these comments to the
Commission as soon as possible for its
consideration. The Council shall invite
any State Party which comments on or
objects to the proposed amendment to
consult the Commission.
- The Commission shall consider the views
of States Parties made pursuant to the
preceding paragraph and report to the
Council. The Council, after consideration
of the Commission's report, and taking
into account the nature of the amendment
and the comments of States Parties,
including producer States, may propose the
amendment to all States Parties for
adoption.
- If a proposed amendment has not been
objected to by five or more States Parties
by means of written notification to the
Council within ninety days from the date
of notification of the amendment by the
Council, it shall be deemed to have been
adopted, and shall enter into force one
hundred and eighty days thereafter or
after such other period as specified in
the proposed amendment for States Parties
not having expressly objected thereto.
- States Parties having expressly objected
to the proposed amendment may,
subsequently, by means of the deposit of
an instrument of acceptance or approval,
express their consent to be bound by the
provisions of the amendment.
- If five or more States Parties have
objected to the proposed amendment, the
Council shall refer it to the Commission
for further consideration.
- If the proposed amendment has not been
adopted in accordance with paragraph 3 of
this Article, the Council may also convene
a conference of all States Parties.
Article 8
- States Parties shall, if possible,
transmit to the Council information that
would assist the Commission in the
discharge of its functions under paragraph
1 of Article VI.
- States Parties shall keep the Council
informed of measures they have taken to
implement the provisions of this
Convention. The Council shall communicate
such information to all States Parties and
international organizations concerned.
Article 9
The Council shall, in co-operation with
States Parties and international organizations
concerned, take appropriate measures to
facilitate the implementation of this
Convention, including the provision of
technical assistance and measures for the
exchange of information relating to technical
developments in the marking and detection of
explosives.
Article 10
The Technical
Annex to this Convention shall form an
integral part of this Convention.
Article 11
- Any dispute between two or more States
Parties concerning the interpretation or
application of this Convention which
cannot be settled through negotiation
shall, at the request of one of them, be
submitted to arbitration. If within six
months from the date of the request for
arbitration the Parties are unable to
agree on the organization of the
arbitration, any one of those Parties may
refer the dispute to the International
Court of Justice by request in conformity
with the Statute of the Court.
- Each State Party may, at the time of
signature, ratification, acceptance or
approval of this Convention or accession
thereto, declare that it does not consider
itself bound by the preceding paragraph.
The other States Parties shall not be
bound by the preceding paragraph with
respect to any State Party having made
such a reservation.
- Any State Party having made a
reservation in accordance with the
preceding paragraph may at any time
withdraw this reservation by notification
to the Depositary.
Article 12
Except as provided in Article XI no
reservation may be made to this Convention.
Article 13
- This Convention shall be open for
signature in Montreal on 1 March 1991 by
States participating in the International
Conference on Air Law held at Montreal
from 12 February to 1 March 1991. After 1
March 1991 the Convention shall be open to
all States for signature at the
Headquarters of the International Civil
Aviation Organization in Montreal until it
enters into force in accordance with
paragraph 3 of this Article. Any State
which does not sign this Convention may
accede to it at any time.
- This Convention shall be subject to
ratification, acceptance, approval or
accession by States. Instruments of
ratification, acceptance, approval or
accession shall be deposited with the
International Civil Aviation Organization,
which is hereby designated the Depositary.
When depositing its instrument of
ratification, acceptance, approval or
accession, each State shall declare
whether or not it is a producer State.
- This Convention shall enter into force
on the sixtieth day following the date of
deposit of the thirty-fifth instrument of
ratification, acceptance, approval or
accession with the Depositary, provided
that no fewer than five such States have
declared pursuant to paragraph 2 of this
Article that they are producer States.
Should thirty-five such instruments be
deposited prior to the deposit of their
instruments by five producer States, this
Convention shall enter into force on the
sixtieth day following the date of deposit
of the instrument of ratification,
acceptance, approval or accession of the
fifth producer State.
- For other States, this Convention shall
enter into force sixty days following the
date of deposit of their instruments of
ratification, acceptance, approval or
accession.
- As soon as this Convention comes into
force, it shall be registered by the
Depositary pursuant to Article 102 of the
Charter of the United Nations and pursuant
to Article 83 of the Convention on
International Civil Aviation (Chicago,
1944).
Article 14
The Depositary shall promptly notify all
signatories and States Parties of:
- each signature of this Convention and
date thereof;
- each deposit of an instrument of
ratification, acceptance, approval or
accession and date thereof, giving special
reference to whether the State has
identified itself as a producer State;
- the date of entry into force of this
Convention;
- the date of entry into force of any
amendment to this Convention or its Technical
Annex;
- any denunciation made under Article XV;
and
- any declaration made under paragraph 2
of Article XI.
Article 15
- Any State Party may denounce this
Convention by written notification to the
Depositary.
- Denunciation shall take effect one
hundred and eighty days following the date
on which notification is received by the
Depositary.
IN WITNESS WHEREOF the undersigned
Plenipotentiaries, being duly authorized
thereto by their Governments, have signed this
Convention.
DONE at Montreal, this first day of March,
one thousand nine hundred and ninety-one, in
one original, drawn up in five authentic texts
in the English, French, Russian, Spanish and
Arabic languages.
TECHNICAL ANNEX
PART 1: DESCRIPTION OF EXPLOSIVES
- The explosives referred to in paragraph
1 of Article 1 of this Convention are
those that:
- are formulated with one or more high
explosives which in their pure form
have a vapour pressure less than 10-4
Pa at a temperature of 25—C;
- are formulated with a binder
material; and
- are, as a mixture, malleable or
flexible at normal room temperature.
- The following explosives, even though
meeting the description of explosive in
paragraph 1 of this Part, shall not be
considered to be explosives as long as
they continue to be held or used for the
purposes specified below or remain
incorporated as there specified, namely
those explosive that:
- are manufactured, or held, in
limited quantities solely for use in
duly authorized research, development
or testing of new or modified
explosives;
- are manufactured, or held, in
limited quantities solely for use in
duly authorized training in explosives
detection and/or development or
testing of explosives detection
equipment;
- are manufactured, or held, in
limited quantities solely for duly
authorized forensic science purposes;
or
- are destined to be and are
incorporated as an integral part of
duly authorized military devices in
the territory of the producer State
within three years after the coming
into force of this Convention in
respect of that State. Such devices
produced in this period of three years
shall be deemed to be duly authorized
military devices within paragraph 4 of
Article 4 of this Convention.
- In this Part:
"duly authorized" in paragraph 2
(a), (b) and (c) means permitted according
to the laws and regulations of the State
Party concerned; and "high
explosives" include but are not
restricted to
cyclotetramethylenetetranitramine (HMX),
pentaerythritol tetranitrate (PETN) and
cyclotrimethylenetrinitramine (RDX)
PART 2: DETECTION AGENTS
A detection agent is any one of those
substances set out in the following Table.
Detection agents described in this Table are
intended to be used to enhance the
detectability of explosives by vapour
detection means. In each case, the
introduction of a detection agent into an
explosive shall be done in such a manner as to
achieve homogeneous distribution in the
finished product. The minimum concentration of
a detection agent in the finished product at
the time of manufacture shall be as shown in
the said Table.
Table:
Name of detection agent |
Molecular formula |
Molecular weight |
Minimum concentration |
Ethylene glycol dinitrate |
C2H4(NO3)2 |
152 |
0.2% by mass |
(EGDN)
2,3-Dimethyl-2,3dinitro |
C6H12(NO2)2 |
176 |
0.1% by mass |
butane (DMNB)
para-Mononitrololuene |
C7H7NO2 |
137 |
0.5% by mass |
(p-MNT)
ortho-Mononitrolotuene |
C7H7NO2 |
137 |
0.5% by mass |
(o-MNT) |
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Any explosive which, as a result of its
normal formulation contains any of the
designated
dectection agents at or above the required
minimum concentration level shall be deemed to
be marked.
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