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Ionut Suseanu Office of Legal Affairs

Session 2.1 Establishment of a National System of Accounting for and Control of Nuclear Material and Legal Assistance by IAEA. Ionut Suseanu Office of Legal Affairs Regional Training Course on SSAC for States in the Middle East with Limited Nuclear Material and Activities

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Ionut Suseanu Office of Legal Affairs

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  1. Session 2.1Establishment of a National System of Accounting for and Control of Nuclear Material and Legal Assistance by IAEA Ionut Suseanu Office of Legal Affairs Regional Training Course on SSAC for States in the Middle East with Limited Nuclear Material and Activities 18 January 2010, Jordan

  2. SSAC • All States with a CSA in force are required to establish and maintain an SSAC(INFCIRC/153 (Corr.), para. 7) • SSAC requirement is not held in abeyance for States with SQPs • AP not require the establishment of an SSAC but the SSAC could be responsible for AP implementation RTC Jordan / Sess. 2.1 / Page 2

  3. SSAC: Role • Provide information to the IAEA • Provide access to the IAEA for inspections, design information verification and complementary access • Cooperate with the IAEA in the implementation of the Safeguards Agreement and the Additional Protocol RTC Jordan / Sess. 2.1 / Page 3

  4. SSAC: Elements • System establishedat the national level for accounting for and controlling nuclear material • Organizationresponsible for maintaining and implementing that system RTC Jordan / Sess. 2.1 / Page 4

  5. SSAC: System • Measurement of nuclear material • Record keeping by operators • Reporting by operators to the State • Verification by the State • Reporting by the State to the IAEA RTC Jordan / Sess. 2.1 / Page 5

  6. SSAC: Organization • Needs the legal authority and resources to implement the system • Needs to liaise with the IAEA • Provide information as required by the Safeguards Agreement, SQP, AP • Support IAEA inspectors in performing their duties • Facilitate access by IAEA inspectors for DIV, inspections and CA • May accompany IAEA inspectors RTC Jordan / Sess. 2.1 / Page 6

  7. IMPLEMENTING LEGISLATION • ELEMENTS • SSAC • Licensing • Inspection • Criminalization • Enforcement • Import and export controls RTC Jordan / Sess. 2.1 / Page 7

  8. Licensing • Should cover all nuclear material (imports, exports, inventories) and activities (storage, use, processing and R&D) • Should prescribe conditions for the granting of licenses • Establishreporting and records keepingrequirements • Establish arrangements for promptnotificationof losses or unauthorized use of nuclear material • Require all licensees to designate person responsible for accountancy and control RTC Jordan / Sess. 2.1 / Page 8

  9. Verification • Ensure compliance by licensees • Ensure no unauthorized removal or use of nuclear material • Verifycorrectness and completenessof declarations submitted by licensees and operators RTC Jordan / Sess. 2.1 / Page 9

  10. Criminalization • Establish those offences which are punishable, e.g.: • Unauthorized use of nuclear material • Carrying out of unlicensed nuclear activities • Manufacture of nuclear weapons or other nuclear explosive devices • Establish prosecutorial authority • Identify appropriate penalties RTC Jordan / Sess. 2.1 / Page 10

  11. Enforcement • Establish State’s authority to take enforcement actions • Identify the entity responsible for enforcement actions (SSAC and/or other State Authority?) • Define procedures for enforcing compliance • Prescribe penalties in case of violations RTC Jordan / Sess. 2.1 / Page 11

  12. Import and Export Controls • NPT: requires all States party to control exports of nuclear material and EDP material and equipment (INFCIRC/209) • CSA/SQP and AP: require reporting of exports and imports of nuclear material and Annex II items • Establish export control authority • Authorize control authority to establish lists of controlled items RTC Jordan / Sess. 2.1 / Page 12

  13. Legislative Assistance • IAEA legislative assistance available to all States • Legislative assistance provided to more than 100 States • Covers all areas of nuclear law: safety, security and safeguards RTC Jordan / Sess. 2.1 / Page 13

  14. Legislative Assistance & Participating States • Legislative assistance only provided at the request of the State • Requests should be addressed to the Director of the Office of Legal Affairs Could the IAEA be of assistance to you? RTC Jordan / Sess. 2.1 / Page 14

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