Nuclear Security Legal and Regulatory Framework in UAE. Saif Al Kaabi Director, Nuclear Security Department
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1 Nuclear Security Legal and Regulatory Framework in UAE Saif Al Kaabi Director, Nuclear Security Department
2 Presentation Outlines 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) 2
3 UAE Policy on Evaluation and Potential Development of Peaceful Nuclear Energy Complete operational transparency Highest standards of nonproliferation Highest standards of safety and security Close cooperation with the IAEA Partnership with governments and firms of responsible nations Long-term sustainability 3
4 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: 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
5 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) 5
6 UAE Legal Framework 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) 6
7 UAE Legal Framework (National Organizations) (NCEMA) (ENEC) (CICPA) 7
8 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. 8
9 FANR Regulatory Framework 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 9
10 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
11 FANR Organisation 11
12 Nuclear Security Regulatory Framework 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) 12
13 Regulation for Physical Protection of Nuclear Material and Nuclear Facility (FANR-REG-08) Draft Regulation for Nuclear Facility Security established, based on Revision 4 of INFCIRC/225 January 2010 First draft was reviewed and commented by the IAEA April 2010 FANR and CICPA participated at Technical Meetings and the 120 days review on INFCIRC/225/Rev. 5 During summer 2010 FANR-REG-08 issued in conformance with INFCIRC/225/Rev. 5 August
14 Regulation for Physical Protection of Nuclear Material and Nuclear Facility (FANR-REG-08) Article (4) Article (5) Article (6) Article (7) Article (8) Article (9) Article (10) Article (11) Article (12) Article (13) Article (14) Article (15) Article (16) Article (17) Article (18) CONTENT General Conditions and Strategies Site Security during Construction Transition from Construction Site to Operating Site Site Layout Physical Barriers and Access Controls Target Sets Threats Safety/Security Interface Physical Protection Plan Security Organisation Physical Protection System Physical Barriers Access Controls during Operation Vehicle Access During Operation Protection against the Potential for Insider Threats 14
15 Regulation for Physical Protection of Nuclear Material and Nuclear Facility (FANR-REG-08) Article (19) Article (20) Article (21) Article (22) Article (23) Article (24) Article (25) Article (26) Article (27) Article (28) Article (29) Article (30) Article (31) Article (32) Article (33) CONTENT (cont.) Monitoring and Assessment Communications Systems Security Response Force Maintenance, Calibration, and Testing Compensatory Measures Cyber Security Suspension of Security Protective Measures Written Procedures Records and Reports Protection of Security-Related Information Nuclear Material in Use, Storage and Transportation Security Programme Reviews Exercises Quality Assurance Requirements Exception 15
16 Overview of Nuclear Power Programme 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
17 Implementation of FANR-REG-08 (Roles and Responsibilities) FANR Federal Law CICPA Law FANR Implementing Regulations FANR regulatory activities FANR Review & Approval of PPP Signed MoU - 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). ENEC activities CICPA Command Mandated Critical Infrastructre Protection CICPA s Nuclear Physical Protection Department Design & Implementaion of PPP 17
18 Regulation for Security of Radioactive Sources (FANR-REG-23) 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 18
19 Regulation for Security of Radioactive Sources (FANR-REG-23) CONTENT Article (1) Article (2) Article (3) Article (4) Article (5) Article (6) Article (7) Article (8) Schedule A Schedule B Schedule C Definitions Scope of Regulation Security Plan and Transport Plan Security System for Radioactive Sources in use or Storage Security Management for Radioactive Sources in use or Storage Procedural Security Measures Security Measures for Transportation Notification of Breach Categorization of Radioactive Sources Security Plans and Transport Security Plans Identity Check and Security Background Check 19
20 Regulation for Security of Radioactive Sources (FANR-REG-23) 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 20
21 Implementation of FANR-REG-23 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) 21
22 Implementation of FANR-REG-23 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) 22
23 Thank You
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