States Vow to Update Nuclear Materials Pact

By Kerr, Paul | Arms Control Today, September 2005 | Go to article overview

States Vow to Update Nuclear Materials Pact


Kerr, Paul, Arms Control Today


Demonstrating what International Atomic Energy Agency (IAEA) Director-General Mohamed ElBaradei called "a global commitment to remedy weaknesses in our nuclear security regime," delegates from 89 counties July 8 decided to adopt measures to strengthen the 1980 Convention on the Physical Protection of Nuclear Material (CPPNM).

The new requirements will not take effect, however, until ratified by two-thirds of the 112 states-parties to the convention.

The convention currently requires states-parties to implement specific measures to protect nuclear material during international transport. The new rules would apply similar obligations to domestic use, storage, and transport of civilian nuclear material.

The amended convention also requires member states to protect civilian nuclear facilities from attack and sabotage. Indeed, the term "nuclear facilities" has been added to the convention's title.

According to the IAEA, the amended convention "will also provide for expanded cooperation" among states to prevent the theft and smuggling of nuclear material, "locate and recover stolen or smuggled nuclear material, and mitigate any radiological consequences of sabotage."

The IAEA has been seeking such changes since 1997, 10 years after the convention entered into force.

ElBaradei formed a group of experts in 1999, which later determined that the agreement should be revised. On the basis of their recommendation, ElBaradei convened another group in 2001 to prepare draft amendments. (See ACT, January/February 2002.) The group met several times before completing its report in March 2003. ElBaradei circulated the proposed amendments in July 2004 at the request of Austria and 24 other states. He then called for a convention in January 2005 after receiving requests from the required number of states-parties.

The Changes

Although the new physical protection requirements are legally binding, there are no provisions to verify whether states actually implement them and no penalties if states fail to do so.

Rather than mandating specific regulations, the amended convention says that each party shall apply certain "fundamental principles of physical protection of nuclear material and nuclear facilities." These principles include establishing a "legislative and regulatory framework to govern physical protection," which could include verification inspections of nuclear facilities. …

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