Interpretive statements: financing prohibited

Article 1(e) of the 2017 Treaty on the Prohibition of Nuclear Weapons requries states never under any circumstances to

“Assist, encourage or induce, in any way, anyone to engage in any activity prohibited to a State Party under this Treaty”

It is important that all States Parties to the treaty clarify whether they agree with this interpretation. This page provides an overview of the statements made by states during the negotiations for the treaty and afterwards.

Statements made during the negotiations

Austria

“We have here the prohibition to assist, so in my view a government loan to a country to enable another country to develop nuclear weapons would clearly be part of assistance.”  16 June 2017

“For those reasons it is perhaps worthwhile that we do not try to come with new broken down prohibitions such as financing, because under assist it is subsumed already that a state party does not finance a nuclear weapons program of another country. But when we put it up as a separate new kind of prohibition, then it opens up for what about activities of banks in our country. Giving a loan to a company that produces also some parts that are used in nuclear weapons.” 15 June 2017 
Bangladesh, 16 June 2017
Secondly the issue of assistance: we understand that it is captured in a broad sense, especially by the phrase ‘in any way’. Accordingly we would perhaps hesitate a little bit to qualify assistance by means of technologies or financing or any such issues and would encourage delegations who have made such proposals to perhaps give those ideas some second thought.
 CARICOM (delivered by Antigua and Barbuda)
 “We would like to see the broad application of the following core prohibitions that will be applied to all states parties to the treaty, without discrimination: 1. Possession 2. Production 3. Acquisition 4. Stockpiling 5. Development 6. Testing 7. Transfer and transit 8. Deployment 9. Any use at any time 10. Financing the use of or possession of nuclear weapons 11. Encouraging or assisting or inciting to engage of any of the other prohibited uses.” 29 March 2017
 31 March 2017
Cuba
“My delegation would like to express its support to the proposal to include a prohibition on the financing in 1(f). That is before assist finance. We believe that it would be valid in terms of existing norms to include a prohibition on the financing in this subparagraph.” 16 June 2017 
Ecuador
We propose the inclusion of the prohibition of financing.” 16 June 2017 
 31 March 2017 
Fiji
 “Madam Chair, on the topic core prohibitions and legal measures, Fiji asks for a legally binding international instrument to explicitly prohibit nuclear weapons which will stigmatize their possession and facilitate nuclear disarmament by prohibiting activities such as development, production, testing, acquisition, stockpiling, transfer, deployment and use of threat of nuclear weapons and also prohibit assisting, fmancing, encouraging and inducing prohibited acts.” 29 March 2017
Guatemala
We feel that we should also include the prohibition to finance and design nuclear weapons.” 16 June 2017
Indonesia
“Para1(f) we propose the word ‘finance’ after ‘encourage’. The rationale being that there is always any attempts to finance nuclear programs in particular to non-state actors.” 16 June 2017
Iran
Threaten to use as was suggested by Indonesia and supported by others should be mentioned there for the sake of consistency with the preambular part, (…) financing also.” 16 June 2017
Ireland

At this time we do not seek further elaboration of para1(f). We are looking at the relationship between financing as a component of assistance.” 16 June 2017

 Jamaica
 “Possession, retention, development, production, testing, acquisition, stockpiling, deployment, financing, assistance, encouragement, inducement, use and threat of use.” 29 March 2017
Kazakhstan
We also support an exclusion of possible financing for developing of nuclear weapons. Therefore, we would like to submit the following wording as a new subparagraph: ‘fund any research in the field of nuclear weapons with the exception of researching the field of nuclear disarmament.”  16 June 2017
“Our understanding is that “assistance” could also encompass “financing”, but again this is something that we would be interested to hear more on in exchanges with delegates. We have previously taken the view that that finance does represent “assistance” when done by or on behalf of the State and this has had implications for the regulation of the investment of our public monies.” 29 March 2017
Mexico
“As to including financing in (f), we believe that this is dealt with under assistance in the same part. So we don’t believe it is necessary to go into that detail.” 16 June 2017
Mozambique
“Let me finally support Austria on the question of finance. Once again here, it is very difficult to spell out everything in a convention. Things have to be derived by interpretation of the treaty, according to the Vienna Convention and other treaties.” 16 June 2017
Nigeria
“The treaty should prohibit for its states parties, their nationals and any other individual under their jurisdiction the use, development, production, stockpiling, transfer, acquisition, deployment, testing, financing and assistance. Framework for elimination in trameframe. Stationing on territory. Assistance, encouragement, inducement, financing. Transit, transshipment.” 29 March 2017
Peru
“In (f), the inclusion of financing is also important as this explicit prohibition is based on the understanding that the provision of financial services to companies that participate in the production of key components, that leads to the lethality of these inhumane weapons, is a fundamental aspect.” 15 June 2017
The Philippines
In para1(f) we support the inclusion of financing as one of the activities states parties shall never undertake under any circumstance.”  16 June 2017
South Africa
“On the issue of financing mme president we are of the view that the current paragraphs f and g address the issue without going into specifics. (…) In our view financing is implicitly covered in the sub articles and any state that knowingly engages in such activities would be in contravention of its obligations under this treaty.” 15 June 2017 
“In South Africa’s view, an international legally-binding prohibition treaty would constitute an important step towards the goal of a world without nuclear weapons. Such an instrument should, as a minimum, prohibit the production, use and threat of use, stockpiling, deployment, transfer, testing, financing and assistance for nuclear weapons programmes.” 29 March 2017
Sweden

We share very much the views expressed by Austria when it comes to the issue of finance. ” 16 June 2017

Thailand
We support the suggestions of Indonesia on financing.” 16 June 2017
Timor Leste
“The treaty should also prohibit its parties, their nationals, and any other individuals subject to its jurisdiction from assisting, financing, encouraging and inducing acts under prohibition.” 31 March 2017
 Trinidad&Tobago
 “Assistance and financing – My delegation also calls for a prohibition on assisting, financing and encouraging prohibited acts.” 29 March 2017