Authorization process

Personnel involved in the prevention, detection of and response to criminal or unauthorized acts need to have a basic understanding of the national authorization process that confirms the lawfulness of use of nuclear and other radioactive material. Because the task of identifying criminal or unauthorized acts involving nuclear and other radioactive material can involve complex technical judgments beyond the routine capabilities of law enforcement agencies, front line personnel should know which governmental

agencies have expertise in dealing with nuclear and other radioactive material.

They should also be familiar with the form and content of authorizations issued by such authorities and the means for verifying whether or not suspect persons or activities are covered by valid authorizations.

Under its national legal infrastructure, each State should have developed its own legislation, regulations, standards, procedures and documentation for authorizing uses of nuclear and other radioactive material, including domestic and international commerce in such material. The following summary indicates the key elements of a national system of authorizations that can guide law enforcement personnel in a review of their own State systems. A fuller description of these elements can be found in the IAEA Handbook on Nuclear Law [6] and IAEA Safety Standards Series No. GS-R-1 [32] and No. GS-G-1.5 [44].

The first element of a national system of nuclear and radiation control is a legal framework provided by legislation (general laws adopted by the national parliament). Some of the provisions relevant to criminal acts may be contained in a State’s general criminal legislation; others may be set forth in specific laws dealing with nuclear and other radioactive material. Still other provisions may be contained in commercial laws, including those dealing with international trade. Training of personnel involved in combating illicit trafficking should identify the relevant laws applicable to activities of concern, and the relevant agencies or authorities with responsibility for applying or enforcing these measures.

Essential elements of a national infrastructure are: legislation and regulatory body empowered to authorize and inspect regulated activities involving nuclear and other radioactive material and to enforce the legislation and regulations; sufficient resources; and adequate numbers of trained personnel. The regulatory body should be established by the government to regulate the introduction and conduct of any activities involving nuclear and other radioactive material. It should be independent of those who are authorized to conduct activities involving nuclear and other radioactive material.

The general functions of the regulatory body include the assessment of applications for permission to conduct activities that entail or could entail exposure to radiation; the authorization of such activities, subject to certain specified conditions; the conduct of periodic inspections to verify compliance with the conditions; and the enforcement of any necessary actions to ensure compliance with the regulations and standards.

Because of the technology involved, responsibility for issuing authoriza-tions is typically assigned to a special regulatory body possessing the expertise to determine whether the proposed use is consistent with regulations, standards

of health, safety, security and environmental protection. Responsibilities are sometimes allocated to several agencies (for example, medical uses may be authorized by a Ministry of Health, while industrial uses may be authorized by a separate Nuclear or Radiation Protection Commission or Board and export/

import licences issued by a Ministry of Foreign Trade). Law enforcement personnel combating unlawful acts involving nuclear and other radioactive material should be familiar with the overall institutional structure for control of nuclear and other radioactive material and activities so that necessary liaison with relevant bodies in the case of incidents can be accomplished efficiently and promptly.

The authorization process typically involves a number of steps:

— Submission of an application to the regulatory body for possession or use of material;

— Review of the application by the regulatory body;

— Granting of a licence, or registration certification (types of authoriza-tions) with conditions to the person requesting authorization.

A regulatory body may, in issuing an authorization to acquire nuclear or other radioactive material, require an agreement that involves the prompt return of disused sources to the supplying State. Where the return of nuclear and other radioactive material to the State of origin is not possible, the responsible authority needs to arrange for safe and secure storage. The secure storage and safe disposal of radioactive material no longer in use, and for which no further use is foreseen, is a key aspect of ensuring that security and control are not lost. This is particularly important because responsible individuals move or are replaced and corporate memory is lost. The regulatory body is expected to perform inspections to ensure that users have properly stored or disposed of radioactive material deemed to be waste.

The regulatory body must be notified of the loss of control over nuclear and other radioactive material due to loss or theft, and also of seizures. The notification would typically include a description of the nuclear and other radioactive material and any associated equipment, its last known location and the circumstances associated with the loss or theft.

With regard to the security of radioactive material during transport, the regulatory body’s transport regulations normally require carriers to promptly report missing packages and transport accidents involving radioactive material.

When a consignment is undeliverable, it is required to be placed in a safe and secure location and the competent authority must be informed. Similar arrangements apply to leaking or damaged packages.

The training of law enforcement officers engaged in combating criminal or unauthorized acts involving nuclear and other radioactive material should include information on the kind of documentation applicable to authorized persons, organizations or activities. The basic form and content of licences or registration certificates should be either readily familiar to front line personnel or readily available for checking against documentation presented by persons suspected of criminal or unauthorized acts involving nuclear and other radioactive material. Given the possibility of forged or expired documents, law enforcement personnel should also be trained to recognize the most obvious signs of false documentation and to implement the procedures for verifying the validity of authorizations.