PRESENTATION BY THE DEPARTMENT OF MINERALS AND ENERGY ON THE ACCESSION TO THE CONVENTION ON THE PHYS

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(No Transcript)
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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
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Presentation Outline

• Introduction
• Objectives of CPPNM
• Mandate of the DME
• Status of the RSA CPPNM
• Need for Accession by South Africa
• Recommendation
• Amendments to the Convention
• Conclusion

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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)

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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

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Mandate of the DME Legislation

• Legislation in terms of Convention
• Nuclear Energy Act (Act no.46 of 1999)
• Section 34 56 of Nuclear Energy Act (NEA)
  (Act no. 46 of 1999) Prohibitions, offences
  and penalties

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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

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Mandate of the DME Legislation

• Section 34A (2)
• No person may
• 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
• Intentionally obtain nuclear material by means of
  theft or robbery
• Intentionally obtain nuclear material by means of
  embezzlement or fraud
• Intentionally demand nuclear material by threat
  or use of force, or by any form of intimidation

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Mandate of the DME Legislation

• 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
• 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

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Mandate of the DME Legislation

• 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)

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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

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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

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Recommendation

• It is recommended that Parliament approves the
  accession of South Africa to the Convention on
  Physical Protection of Nuclear Material
• That Parliament be informed that the Convention
  has been amended and that the amended Convention
  will be brought before Parliament as soon as
  approved by Cabinet
• Some of the implications emanating from the
  amended Convention follow

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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

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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

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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

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Siyabonga!