2. 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

3. 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

4. Introduction
CPPNM entered into force in 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)

5. 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

6. 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

7. 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

8. 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

9. 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

10. 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)

11. Status of the RSA CPPNM
South Africa signed the convention on the 13 September 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

12. 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 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

13. 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

14. 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

15. 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

16. 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

17. Siyabonga!