CHAPTER 24:05
NUCLEAR WEAPONS (PROHIBITION)

ARRANGEMENT OF SECTIONS

    SECTION

    1.    Short title

    2.    Interpretation

    3.    Application of Treaty

    4.    Act binds the State

    5.    Nuclear weapons and nuclear materials

    6.    Official capacity or superior orders not a defence

    7.    Extra-territorial jurisdiction

    8.    Regulations

        Schedule - Treaty on the Non-Proliferation of Nuclear Weapons

Act 17, 2018,
Act 9, 2022.

An Act to provide for the domestication of the Non-Proliferation of Nuclear Weapons Treaty of 1 July 1968, to prohibit the production, possession and use of nuclear weapons and nuclear materials and to provide for matters incidental or connected therewith.

[Date of Commencement: 29th June, 2018]

1.    Short title

    This Act may be cited as the Nuclear Weapons (Prohibition) Act.

2.    Interpretation

    In this Act unless the context otherwise requires—

    "nuclear energy" means any form of energy released in the course of nuclear fission or nuclear fusion or of any other nuclear transmutation;

    "nuclear explosive device" means any nuclear weapons or other explosive device capable of releasing nuclear energy, irrespective of the purpose for which it could be used, whether assembled, partly assembled, or unassembled;

    "nuclear material" means—

    (a)    any source or fissionable material such as plutonium 239;

    (b)    uranium-233;

    (c)    uranium enriched in isotopes of 235 or 233; or

    (d)    any material containing one or more of the foregoing; and such fissionable material as the Minister shall from time to time determine, but does not include source material such as ores or ore residue;

    "proliferation financing" means the act of providing funds or financial services which are used, in whole or in part, for the manufacture, acquisition, possession, development, export, transhipment, brokering, transport, transfer, stockpiling or use of any nuclear weapon and its means of delivery and related materials, including both technologies and goods used for non-legitimate purposes; and

    "Treaty" means the Non-Proliferation of Nuclear Weapons Treaty of 1st July, 1968 as set out in the Schedule to this Act and includes any amendments thereto and any Resolutions of the Conference of Parties.

3.    Application of Treaty

    The Non-Proliferation of Nuclear Weapons Treaty of 1st July, 1968 as set out in the Schedule to this Act and any amendments thereto, shall have force of law in Botswana.

4.    Act binds the State

    This Act binds the State.

5.    Nuclear weapons and nuclear materials

    (1) Subject to the exceptions for peaceful use of nuclear materials including nuclear energy, nuclear medicine and nuclear technology under the Radiation Protection Act (Cap. 24:03), a person who—

    (a)    uses nuclear material;

    (b)    receives the transfer from any transferor whatsoever of nuclear weapons or other nuclear explosive devices or of control over such weapons or explosive devices directly, or indirectly;

    (c)    manufactures or otherwise acquires nuclear weapons or other nuclear explosive devices;

    (d)    seeks or receives any assistance in the manufacture of nuclear weapons or other nuclear explosive devices;

    (e)    diverts nuclear energy from peaceful uses to nuclear weapons or other nuclear explosive devices;

    (f)    constructs, acquires or retains any facility intended for the production of nuclear weapons or other nuclear explosive devices; or

    (g)    possesses, develops, exports, transports, transfers, stockpiles or uses any nuclear weapon or nuclear explosive device or its means of delivery,

commits an act of terrorism and is liable to a penalty specified in section 3(2) of the Counter Terrorism Act.