Sara Maciel Sánchez

Report
THE MEXICAN CASE OF A STOLEN RADIOACTIVE SOURCE
DURING DECEMBER 2013
THE ACTIONS TO BE TAKEN IN AND BEYOND NATIONAL
BORDERS AND THE DEMAND OF THE SITUATION
Dr. Sara Maciel Sánchez
Director
Martínez & Maciel
Mexican Legal Firm specialized in Nuclear Matters
[email protected]
Main Goal
Legal advise on the theft of a radioactive source which put in risk
environment, people and national-international nuclear safety and
nuclear security.
Problem
Lack legislation to protect radioactive sources
Objective: Nuclear Security = Preventing
1.
2.
3.
4.
Unauthorized access
Unauthorized retirement
Theft
Sabotage
FIRST EVENT
Date: 2nd December, 2013
Place: Not so far from Mexico City
Radioactive Source stolen: Cobalt 60 (two kilograms)
Mexico City
MEXICO
Picture 1: Radioactive Source. Container of Cobalt 60; which was stolen in
Mexico
last
2nd
December
2013.
Source:
www.sener.gob.mx/portal/Default.aspx?id=2601 Mexico City, on 11th
December 2013 at 11:35 hrs.
Picture 2: Radioactive Source. Container of Cobalt 60; which was stolen
in
Mexico
last
2nd
December
2013.
Source:
www.laprensasa.com/23_mexico/2324243_encuentran-abierto-el-cabezalcon-material-radiactivo-de-camion-robado.html, Mexico City, on 07th
August 2014 at 15:20 hrs.
SECOND EVENT
Date: 8th June, 2014
Place: Not so far from Mexico City
Radioactive Source stolen: Compact soil meter (cesium137 and americium/beryllium)
Picture 3: The compact soil meter with two radioactive sources; which was
stolen
in
Mexico
last
8th
June
2014.
Source:
www.proceso.com.mx/?p=374444, Mexico City, on 19th June 2014 at 11:11
hrs.
Picture 4: The compact soil meter with two radioactive sources; which
was
stolen
in
Mexico
last
8th
June
2014.
Source:
http://radiotrece.com.mx/continua-alerta-por-fuente-radiactiva-robada/,
Mexico City, on 11th August 2014 at 22:00 hrs.
THIRD EVENT
Date: 2nd July, 2014
Place: Not so far from Mexico City
Radioactive Source stolen: Iridium- 192 (industrial
radiography)
Picture 5: The Nissan pick up; which was stolen in Mexico last 2nd July 2014.
Source:
http://search.iminent.com/SearchTheWeb/v6/3082/NewTab/Default.aspx#q
=pick%20up%20nissan%20989YYG&s=images&p=1/, Mexico City, on 12th
August 2014 at 23:45 hrs.
Picture 6: The radioactive source; which was inside of a truck stolen in
Mexico
last
2nd
July
2014.
Source:
www.aztecanoticias.com.mx/notas/estados/195446/hallan-fuenteradiactiva-robada-en-el-estado-de-mexico, Mexico City, on 13th August
2014 at 00:15 hrs.
Suggested legal framework on Nuclear Security
1. Title of the law;
2. Legal support;
3. Preliminary considerations;
4. General points;
5. Competent authorities;
6. Nuclear Security on nuclear materials and installations;
7. Nuclear Security on radioactive materials and installations;
8. Licensing and Permissions;
9. Administrative Resources;
10. Administrative Sanctions; and
11. Transient Articles.
1.- TITLE OF THE LAW
For example: Law on Nuclear Security.
2.- LEGAL SUPPORT
Citing some laws in details that could contribute to net as a web
the legal framework.
For example: Articles 12, 13 and 33 of the Organic Law of the
Public Administration Federal. Article 29 paragraphs XVI, XXIV,
XXV, XXVI, XXVIII, XXIX, XXXIV of Internal Regulations of
the Ministry of Energy.
3.-PRELIMINARY CONSIDERATIONS
Citing the reasons included in the international legal framework for
Nuclear Security. The international legal framework for Nuclear Security
consists of the following documents; which are highly recommended to
keep in mind by the moment to draft the national laws on nuclear
security; namely:
• 2003 Code of Conduct;
• Council Directive 2003/122 (for European Union Countries);
• Convention on the Physical Protection of Nuclear Material;
• Amendment to the CPPNM;
• UN Security Council Resolution 1373 (2001);
• UN Security Council Resolution 1540 (2004); and
• International Convention for the Suppression of Acts of Nuclear
Terrorism.
Here is a specific example:
CONSIDERING
First: That it is necessary to establish and maintain a legal and
regulatory legal framework implement the relevant international
instruments and commitments by Argentina, in particular as regards the
Convention on the Physical Protection of Nuclear Material; and their
respective amendment; and
Second: That the Convention on the Physical Protection of Nuclear
Material as is desirable to prevent the dangers posed by the unlawful
taking and use of nuclear material; that crimes be committed in relation
to the nuclear materials are of serious concern and should be adopted
urgently appropriate and effective measures to ensure the prevention,
discovery and punishment of such offenses.
4.- GENERAL POINTS
• Scope
• Objective
• Definitions: authorization, design basis threat, delay, detection,
export, graded approach, guard, import, license, licensee,
management, malicious act, nuclear material, nuclear security.
5.- COMPETENT AUTHORITIES
Faculties of the National Regulatory Authority. Argentina for
example as follows:
Nuclear Regulatory Authority (ARN) of Argentina
Here is an example: The ARN is allowed to issue the license.
Another one: The ARN is allowed to sanction.
6.- NUCLEAR SECURITY ON NUCLEAR MATERIALS AND
INSTALLATIONS
THE IDEA: to avoid as much as possible the theft of nuclear
materials or the unauthorized access to a nuclear installation.
FOR EXAMPLE: The staff on duty will make random rounds in the
protected area, to deter the adversary, detect intrusions, visually
inspect the components physical protection system, complementing
the physical protection measures existing and if an initial response.
Besides it is indispensable to include the categorization of the
nuclear materials. Depending on each category is the level and type
of the nuclear security.
7.- NUCLEAR SECURITY ON RADIOACTIVE MATERIALS
AND INSTALLATIONS
THE IDEA: to avoid as much as possible the theft of radioactive
materials or the unauthorized access to a radioactive installation.
FOR EXAMPLE: The staff on duty will make random rounds in the
protected area, to deter the adversary, detect intrusions, visually
inspect the components physical protection system, complementing
the physical protection measures existing and if an initial response.
Besides it is indispensable to include the categorization of the
radioactive materials. Depending on each category is the level and
type of the nuclear security.
8.- LICENSING AND PERMISSIONS
• Requirements for having a license;
• Type of licenses to be granted;
• Valid period;
• Licensee´s responsibilities;
9.- ADMINISTRATIVE RESOURCES
The ways that any licensee can ask for fairness.
10.- ADMINISTRATIVE SANCTIONS
This kind of law is not the Criminal Code, so the sanctions are
administrative. It means the sanctions could be some fines, license
suspension and revocation of license.
Besides the administrative sanctions must to be considered to draft
for the Criminal Code the criminal sanctions regarding to the
Nuclear Security
11.- TRANSITIONAL ARTICLES
These kind of articles include when the law enters into force; what
are the annulled laws
CONCLUSIONS
1. Every country should to have a law on nuclear security.
2. To inform any event to the IAEA.
3. To ask for help to the neighbors countries.
4. All the national authorities should to work as a team.
5. It is highly recommended to have the law in advance
(before the facts happen).
THANK YOU VERY MUCH!

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