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!