Department of Minerals of Energy presentation on Convention

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					    PRESENTATION BY THE
  DEPARTMENT OF MINERALS
     AND ENERGY ON THE
      ACCESSION TO THE
CONVENTION ON THE PHYSICAL
   PROTECTION OF NUCLEAR
 MATERIAL (CPPNM) BY SOUTH
           AFRICA
  TO NATIONAL COUNCIL OF
         PROVINCES
        Presentation Outline

•   Introduction
•   Objectives of CPPNM
•   Mandate of the DME
•   Status of the RSA CPPNM
•   Need for Accession by South Africa
•   Recommendations
•   Amendments to the Convention
•   Conclusion
                 Introduction
• CPPNM entered into force in 1987. It is the nuclear
  security convention that obliges State Parties to
  implement specific protection measures for
  nuclear material

• It is regarded as the major Nuclear Security
  Convention and the only internationally legally
  binding undertaking in the area of security of
  nuclear material

• The State Parties to the CPPNM are obliged to
  ensure protection at all levels specified in the
  convention, of nuclear material used for peaceful
  purposes on their territories, ships or aircraft
  during domestic use, storage and transport
  (international nuclear transport)
Objectives of the CPPNM
• To avert potential dangers of unlawful taking
  and use of nuclear material

• To ensure protection levels as per convention
  rules on nuclear material in contracting party
  territories, ships or during international
  nuclear transport

• To establish measures related to the
  prevention, detection and punishment of
  offences relating to nuclear material
Mandate of the DME: Legislation

  • Legislation in terms of Convention:

  • Nuclear Energy Act (Act no.46 of 1999)

     • Sections 34 & 56 of Nuclear Energy Act (NEA)
       (Act no. 46 of 1999) : Prohibitions, offences and
       penalties
Mandate of the DME: Legislation
  • The Nuclear Energy Act has been amended to
    cater for the requirements of the convention

  • Section 56 (1)(h)
    A person      is guilty of an offence upon
    performing any act prohibited under section
    34A

  • Section 34A
    Prohibitions relating to nuclear material

  • Section 56 (2) (d): A person is liable, on
    conviction of any of the above offences and is
    liable to a fine or imprisonment for a period of
    up to life imprisonment
Mandate of the DME: Legislation
 • Section 34A (2)

 • No person may

    a.Intentionally and without lawful authority,
      receive, possess, use, transfer, alter, dispose of
      or disperse, nuclear material which causes or is
      likely to cause death or serious bodily injury to
      any person or substantial damage to property
    b.Intentionally obtain nuclear material by means
      of theft or robbery
    c.Intentionally obtain nuclear material by means
      of embezzlement or fraud
    d.Intentionally demand nuclear material by
      threat or use of force, or by any form of
      intimidation
Mandate of the DME: Legislation
e. Intentionally threaten to
     use nuclear material to cause death or serious
      injury to any person or substantial damage to
      property
     commit an act described in paragraph (b) above
      in order to compel a natural or legal person,
      international organisation or State to do or
      refrain from doing any act
f. Use any nuclear material or device or use or damage
   a nuclear installation or nuclear plant in a manner
   which release or risk the release of radio-active
   material, with the intent to
     cause death or serious bodily injury
     cause substantial damage to property or the
      environment or
     to compel a natural or juristic person, an
      international organisation or a State to do, to
      abstain or refrain from doing an act, or
Mandate of the DME: Legislation

g. Attempt, conspire with any other person, or aid,
   abet, induce, incite, instigate, instruct or command,
   counsel or procure, another person, to commit an
   offence referred to in paragraphs (a) to (f)
      Status of the RSA CPPNM

• South Africa signed the convention on the 13
  September 1988. It was not ratified.

• Cabinet has approved the accession of the
  convention

• In terms of section 231 of the constitution of the
  Republic, Parliamentary approval is required

• Department of Minerals and Energy (DME) will be
  responsible for the implementation of the
  convention requirements
Need for Accession by South Africa
• RSA needs to show commitment to multilateral
  Agreements

• Convention is considered to be one of the thirteen
  counter terrorism conventions. State parties are
  obliged to ratify all the thirteen conventions in
  terms of the UN Security Council Resolution 1317.
  This is last one to be ratified. The other 12 have
  been approved by parliament

• Recent announcement of further expansion of the
  SA nuclear program
          Recommendation

• It is recommended that Parliament approves the
  accession of South Africa to the Convention on
  Physical Protection of Nuclear Material

• That NCOP be informed that the Convention has
  been amended and that the amended Convention
  will be brought before NCOP as soon as approved
  by Cabinet

• Some of the implications emanating from the
  amended Convention follow
Amendments to the Convention

• The original Convention was amended in July 2005
  There are 7 Contracting States to the Amended
  Convention as of 06 February 2007

• For the State Party to ratify to the Amended
  Convention it must be party to the original
  Convention

• Consultations ongoing on the amended convention
 Amendments continued…

• The Amended Convention increase the scope of
  the original Convention and has much stronger
  counterterrorism focus

• Makes it legally binding for the States Parties to
  Protect nuclear facilities and materials in
  peaceful domestic use, storage as well as
  transport

• Transfer of Nuclear Technology meant to
  Strengthen the physical protection of nuclear
  material and facilities
              Conclusion

• The Ratification of the Convention on Physical
  Protection of Nuclear Material will not have an
  added burden on South Africa

• It is an incentive to the maintenance       and
  improvement of Nuclear Security measures

• South Africa is already implementing most of the
  obligations in the Convention
Siyabonga!

				
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