Nepal Treaty Act, 1990

Preamble:

Whereas it is expedient to make legal provisions in regard to the working procedure relating to signing, ratification, accession, acceptance, or approval of treaties or agreements to which the Kingdom of Nepal or His Majesty's Government is a party, as well as in regard to their implementation, now therefore, His Majesty King Birendra Bir Bikram Shah Dev has enacted this law under Article 129 of the Constitution on the advice and with the approval of the Council Ministers.

1.Short Title and Commencement

(1)This maw may be called the Nepal Treaty Act, 1990.

(2)It shall be deemed to have come into force from Kartik 23, 2047 (November 9, 1990).

(3)It shall be applicable in respect to the treaties to be signed with the Kingdom of Nepal or His Majesty's Government as a party after the commencement of the Constitution.

2.Definitions

Unless otherwise meant with reference to the subject or the context, in this act,

(a)Treaty means an agreement concluded in writing between two or more states, or between any state and any inter-governmental organization. The term includes documents of this nature, irrespective of how they are designated.

(b)Full Powers means the letter of authority issued by HMG empowering anyone to negotiate or accept the final draft or certified copy of or sign a treaty. The term includes the authority granted to maintain reservations while holding such negotiations or signing a treaty, or to perform any other function in respect to such treaty.

(c)Reservation means the declaration made by any party while signing a multilateral treaty or ratifying, acceding to, accepting or approving such a treaty, that any provision of the treaty shall not be applicable to it. The term includes the declaration made by any party in order to explain its position in respect to such provision.

(d)Abrogation means the declaration made for the termination of a treaty by fulfilling the formalities mentioned in the treaty.

(e)Constitution means the 1990 Constitution of the Kingdom of Nepal.

3.Power to Conclude Treaties

No one, except His Majesty, the Prime minister and the Minister of Foreign Affairs, shall negotiate, accept the final draft or a certified copy, or sign or maintain reservations, or perform any other function related to a treaty to which the Kingdom of Nepal or HMG is a party, without full powers.

Provided that nothing contained in this Section shall prejudice the power of a Royal Nepali Ambassador of Charge d'Affaires representing (the Kingdom of Nepal) in any foreign national or international organisation to conclude treaties on any issue with such foreign nation or inter-governmental organisations, as well as the leader of a delegation participating in any international conference to negotiate or accept the final draft or a certified copy of the treaty to be signed in the conference.

4.Working Procedure Relating to the Ratification and Accession of Treaties

(1)In case it becomes necessary for HMG to ratify, accede to accept, or approve any treaty, on subjects other than those mentioned in Clause (2) of Article 126 of the Constitution, which needs ratification, accession, acceptance or approval, or in case it becomes necessary for HMG to accede to any treaty, it shall table a resolution to that effect at the Hose of Representatives.

(2)The resolution concerning the ratification, accession, acceptance or approval of any treaty tabled under Sub-Section (1) must be passed by a majority of the members present in the House of Representatives.

(3)After a resolution is passed by the House of Representatives according to Sub-Section (2), HMG shall notify the concerned party or authority about the ratification, accession, acceptance or approval of the treaty in accordance with the provision made in the treaty.

(4)In the case of any treaty relating to the establishment of any inter-governmental organisation, or acquisition of membership of any such organisation, or of any treaty that conflicts with any current law, the Kingdom of Nepal of HMG may not become a party to any such treaty until a resolution is passed by the House of Representatives for its ratification, accession, acceptance or approval, even if no provision has been made in such treaty for ratification, accession, acceptance or approval.

5.Ratification, Accession, Acceptance or Approval of Some Specific Treaties

(1)In case it becomes necessary for HMG to have treaties on subjects mentioned in Clause (2) of Article 126 of the Constitution ratified, accepted, or approved, or to obtain permission to accede to any such treaty, it shall table a resolution to that effect in the Parliament.

(2)After a resolution is passed by the Parliament according to Clause (2) of Article 126 of the Constitution in respect to a treaty tabled under Sub-Section (1), HMG shall notify the concerned party or authority in the manner prescribed in the concerned treaty about its ratification, accession, acceptance or approval.

6.Power of HMG to Sign and Enforce Treaties

After a treaty on any subject other than those mentioned in Section 4 (of this act), or Clause (2) of Article 126 of the Constitution, is signed according to a decision of HMG, the Kingdom of Nepal or HMG shall be considered a party to that treaty, and such treaty shall be considered to have been accepted.

7.Power to Abrogate or Suspend a Treaty

Unless otherwise mentioned in the treaty to which the Kingdom of Nepal or HMG is a party, HMG shall have the power to abrogate, or partially or fully suspend, such treaty, or withdraw the suspension imposed thereon. In case the concerned treaty is connected with the treaty mentioned in Section 4 or of Clause (2) of Article 126 of the Constitution, the House of Representatives must be informed about any such action.

8.Treaties not to be Enforced with Retroactive Effect

Unless otherwise provided for in a treaty, it shall not be enforced with retroactive effect.

9.Provisions of Treaties to be Applicable Like Laws

(1)In case of the provisions of a treaty to which the Kingdom of Nepal or HMG has become a party following its ratification accession, acceptance or approval by the Parliament conflict with the provisions of current laws, the latter shall be held invalid to the extent of such conflict for the purpose of that treaty, and the provisions of the treaty shall be applicable in that connection as Nepal laws.

(2)In case any treaty which has not been ratified, accede to, accepted or approved by the Parliament, but to which the Kingdom of Nepal or HMG has become a party, imposes any additional obligation or burden upon the Kingdom of Nepal, or upon HMG, and in case legal arrangements need to be made for its execution, HMG shall initiate action as soon as possible to enact laws for its execution.

10.Submission Before House of Representatives

Notices regarding the treaties accepted and enforced by HMG according to Section 6 must be presented before the House of Representatives for its information within a month after the meeting of the House of Representatives in convened.

11.Registration of Treaties

The treaties deemed appropriate by HMG from among those to which the Kingdom of Nepal or HMG is a party may be registered with the Secretariats of the concerned international organizations or the United Nations Organization.

12.Treaties to be Published

The authentic copies of the treaties deemed appropriate by HMG from among those to which the Kingdom of Nepal or HMG is a party shall be published in the Nepal Rajapatra.

Provided that the treaties ratified, accepted or approved the Parliament, and the treaties accepted to by the Kingdom of Nepal or HMG in accordance with a decision of the Parliament, must be published in the Nepal Rajapatra within 60 days after such ratification, accession, acceptance or approval.

13.Power to Frame Rules

HMG may frame necessary rules for the purpose of implementing the objectives of this act.

14.Transitional Arrangements

Until the commencement of the first session of the Parliament after elections held according to the Constitution, the power to ratify, accede to, accept or approve treaties on subjects other than those mentioned in Clause (2) of Article 126 of the Constitution to which the Kingdom of Nepal or HMG is a party shall vest in the Council of Ministers.

Royal Seal Affixed on
Poush 8, 2047