The Amendment to the Convention on the Physical Protection of Nuclear Materials Goes Into Effect In May of 2016

The Amendment to the Convention on the Physical Protection of Nuclear Materials Goes Into Effect In May of 2016

        The Convention on Physical Protection of Nuclear Material was formally adopted in October of 1979. It was "deposited" with the International Atomic Energy Agency upon adoption. A sufficient number of nations had signed (ratified) the agreement by February of 1987 for it to be put into force. One hundred and fifty three states had signed on by October of 2015. The U.S. Department of States says with respect to the Convention, "The Convention on the Physical Protection of Nuclear Material provides for certain levels of physical protection during international transport of nuclear material. It also establishes a general framework for cooperation among states in the protection, recovery, and return of stolen nuclear material. Further, the Convention lists certain serious offenses involving nuclear material which state parties are to make punishable and for which offenders shall be subject to a system of extradition or submission for prosecution."

        In 2005, an amendment to the Convention was proposed and a conference was held to consider the proposal. Eighty eight nations participated in the conference. Ratification by two thirds of the signatories of the original Convention was required in order for the amendment to enter into force. The head of the IAEA said that the new amendment "will help reduce the risk of a terrorist attack involving nuclear material, which could have catastrophic consequences." He also said that this amendment was "the single most important step in strengthening global nuclear security." Following the recent ratification of the amendment by Nicaragua and Uruguay, two thirds of the one hundred and fifty three signatories have ratified the amendment. It will take effect in May of 2016.

        The amendment was drafted for the purpose of dealing with threats such as smuggling and sabotage involving nuclear materials. It requires signatory nations to protect all nuclear facilities. The domestic use, storage and transportation of nuclear materials must also be protected. The amendment creates a new set of crimes and extends the definition of some existing crimes involving nuclear materials. These include the robbery and theft of nuclear materials, the smuggling of nuclear materials, and the threatened or actual sabotage of nuclear facilities. Environmental damage has been added to the definitions of some of these crimes. The amendment also includes a provision for greater cooperation and information sharing between signatories with respect to finding and recovering stolen or smuggled nuclear materials. This includes the rapid location and recovery of stolen or smuggled nuclear materials, the mitigations of "radiological consequences" of sabotage, and the prevention of related offenses.

             The National Security Advisor to the U.S. President said that the Convention is a "cornerstone of the global nuclear security architecture," and added that the administration will "urge all countries who have not yet ratified this treaty to do so as soon as possible." Ten countries ratified the amendment last week ahead of the international Nuclear Security Conference that was held in Washington, D.C., hosted by the U.S. President. It is hoped that the agreement will be ultimately accepted by all nations with a nuclear capability including North Korea.

U.S. ratifies Amendment to the Convention: