nuclear security legal and regulatory framework in uae · nuclear security legal and regulatory...

Nuclear Security Legal and Regulatory Framework in UAE

Saif Al Kaabi Director, Nuclear Security Department

• UAE Policy

• UAE party to International Instruments

• Cooperation with International Atomic Energy Agency

• UAE Legal Framework

• FANR Regulatory Framework

• Nuclear Security Regulatory Framework

• Regulation for Physical Protection of Nuclear Material and Nuclear Facility (FANR-REG-08)

• Regulation for Security of Radioactive Sources (FANR-REG-23)

Presentation Outlines

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UAE Policy on Evaluation and Potential Development of Peaceful Nuclear Energy

• Complete operational transparency

• Highest standards of non-proliferation

• Highest standards of safety and security

• Close cooperation with the IAEA

• Partnership with governments and firms of responsible nations

• Long-term sustainability

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UAE party to International Instruments

The UAE has added to its existing international agreements by:

– Signing an additional protocol to the safeguards agreement with the IAEA;

– Becoming a party to:

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Convention on the Physical Protection of Nuclear Material and its amendment;

Amendment of the Convention on the Physical Protection of Nuclear Material in July 2009;

Convention for the Suppression of Acts of Nuclear Terrorism in January 2008

– Submitting the first national report in December 2004 to answer to the UN Security Council Resolution 1540

Cooperation with International Atomic Energy Agency

• IAEA documents used in programme development

• An Integrated Regulatory Review Service Mission (IRRS) was conducted by the IAEA in December 2011

• In early 2011, the IAEA carried out an Integrated Nuclear Infrastructure Review Mission (INIR)

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• Law No. (14) of 2007 concerning the establishment the Critical National Infrastructure Authority (CNIA) and Law No. (1) of 2012 transferring its functions and responsibilities to the Critical Infrastructure and Coastal Protection Authority (CICPA)

• Federal Law by Decree No. (6) of September 2009 concerning Peaceful Uses of Nuclear Energy (FANR)

• Law No. (21) of 2009 concerning the establishment Emirates Nuclear Energy Corporation (ENEC)

• Federal Law by Decree No. (2) of 2011 concerning the establishment the National Disaster, Crisis and Emergency Management Authority (NCEMA)

UAE Legal Framework

(CICPA)

(NCEMA) (ENEC)

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UAE Legal Framework (National Organizations)

UAE Legal Framework (Federal Law by Decree No 6)

Three Fundamental Principles:

1. The Federal Authority for Nuclear Regulation established as the independent regulatory body

2. Regulated activities prohibited except in accordance with a licence issued by FANR: o nuclear facilities; and

o regulated material (radioactive material / radiation generators)

3. The licensees responsibility:

“Each Licensee shall be responsible for taking all steps necessary to reduce the risk of an accident to a level that is as low as reasonably achievable.”

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Regulations and Guides

• FANR’s approach in developing national regulations under Article 38 of the Law conforms with IAEA Safety Standards, Nuclear Security Series and other internationally recognized practices

• The intent is to produce high-level regulations, which are non-prescriptive, focusing on the essential aspects of Safety, Security, Safeguards

• Guides have been developed to assist the licensee in complying with the regulations

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FANR Regulatory Framework

FANR Functions and Responsibilities

• The UAE Nuclear Law establishes FANR as the independent regulator for nuclear safety, security, radiation protection and safeguards in the UAE

• FANR authorities include: Issue regulations

Issue licenses to conduct regulated activities

Carry out safety assessments

Implement an inspection and control regime

Establish and maintain a state system of accounting for and control of nuclear material

Establish frameworks for physical protection and emergency preparedness and response for nuclear facilities and activities

Determine civil and criminal penalties 10

FANR Organisation

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IAEA-INFCIRC 225 Rev 5

FANR-REG-08

Regulatory Guides

for Nuclear Materials and Nuclear Facilities (FANR-REG-08)

IAEA Nuclear Security Series No. 14

FANR-REG-23

Regulatory Guides

for Radioactive Sources (FANR-REG-23)

Nuclear Security Regulatory Framework

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Regulation for Physical Protection of Nuclear Material and Nuclear Facility (FANR-REG-08)

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January 2010 Draft Regulation for Nuclear Facility Security established, based on Revision 4 of INFCIRC/225

April 2010 First draft was reviewed and commented by the IAEA

During summer 2010 FANR and CICPA participated at Technical Meetings and the 120 days review on INFCIRC/225/Rev. 5

August 2010 FANR-REG-08 issued in conformance with INFCIRC/225/Rev. 5

CONTENT

General Conditions and Strategies Article (4)

Site Security during Construction Article (5)

Transition from Construction Site to Operating Site Article (6)

Site Layout Article (7)

Physical Barriers and Access Controls Article (8)

Target Sets Article (9)

Threats Article (10)

Safety/Security Interface Article (11) Physical Protection Plan Article (12)

Security Organisation Article (13)

Physical Protection System Article (14)

Physical Barriers Article (15)

Access Controls during Operation Article (16)

Vehicle Access During Operation Article (17)

Protection against the Potential for Insider Threats Article (18)


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CONTENT (cont.) Monitoring and Assessment Article (19)

Communications Systems Article (20)

Security Response Force Article (21) Maintenance, Calibration, and Testing Article (22)

Compensatory Measures Article (23)

Cyber Security Article (24) Suspension of Security Protective Measures Article (25) Written Procedures Article (26)

Records and Reports Article (27) Protection of Security-Related Information Article (28)

Nuclear Material in Use, Storage and Transportation Article (29) Security Programme Reviews Article (30) Exercises Article (31)

Quality Assurance Requirements Article (32)

Exception Article (33)


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• FANR has issued four primary licences for Barakah NPP

– Site Selection Licence

– Site Preparation Licence

– Limited Construction Licence

– Construction Licence for Barakah Unite 1 and 2

• On 17 July 2012 ,ENEC received a construction license for Barakah-Unit 1 and 2 from FANR after review and approval of Physical Protection Plan

• FANR requests that ENEC shall take into account the lessons learned from Fukushima accident regarding the design of the Physical Protection System

• ENEC shall submit an Operating licence application

• Expected Commissioning Date 2017

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Overview of Nuclear Power Programme

ENEC activities

Signed MoU

CICPA Law

- Classified DBT established by CICPA - Training and exchange of Expertise. - Information Protection Program

Operating Manual (IPPOM) issued by CICPA and approved by FANR

- Inspections (joint / separate).

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FANR Federal

Law

FANR Implementing

Regulations

CICPA Command Mandated

Critical Infrastructre Protection

FANR regulatory activities

CICPA’s Nuclear Physical

Protection Department

Design & Implementaion

of PPP

FANR Review & Approval

of PPP

Implementation of FANR-REG-08 (Roles and Responsibilities)

The objective is to ensure in UAE territory the protection of high activity radioactive sources against theft and sabotage

Each applicant/licensee using, storing and transporting IAEA Category 1 to 3 of radioactive sources (sealed radioactive sources) or aggregation of radioactive sources shall implement FANR-REG-23 (restricted) regulation for security of radioactive sources

Regulation for Security of Radioactive Sources (FANR-REG-23)

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CONTENT


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Definitions Article (1)

Scope of Regulation Article (2)

Security Plan and Transport Plan Article (3)

Security System for Radioactive Sources in use or Storage Article (4)

Security Management for Radioactive Sources in use or Storage Article (5)

Procedural Security Measures Article (6)

Security Measures for Transportation Article (7)

Notification of Breach Article (8)

Categorization of Radioactive Sources Schedule A

Security Plans and Transport Security Plans Schedule B

Identity Check and Security Background Check Schedule C

Each Licensee/applicant of category 1 to 3 radioactive sources or aggregation of shall submit a security plan and/or transport security plan to FANR for approval

Security measures shall be defined for each security function of:

Detection, including assessment

Delay

Response


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For new applicant

Step 1 Determination of the category of radioactive sources to be managed

Step 2 In case of category 1 to 3 radioactive sources, contact, as soon as possible, Nuclear Security Department of FANR

Step 3 Submission to FANR of Security Plan and/or Transport Security Plan

Step 4 Review by FANR of submitted plans and request of additional information

Step 5 Licence for regulated activities, including the management of radioactive sources (approval of related plans)

Implementation of FANR-REG-23

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For current licensee of Category 1, 2 and 3 radioactive sources

Step 1 Meeting with each licensee to present the regulation and its process for implementation and visit to its facility

Step 2 Official transmission of letter to nominated person of licensee requesting the implementation of regulation and submission for approval, in less than 3 months, of the security plan and/or transport security plan

Step 3 Submission to FANR of Security Plan and/or Transport Security Plan

Step 4 Review by FANR of submitted plans and request of additional information

Step 5 Amendment of the license (approval of related plans)

Implementation of FANR-REG-23

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Thank You

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