FEATURE: New amendment on safeguarding nuclear facilities comes into force, strengthening a weak link in nuclear security

After nearly two decades, the Amendment to the United Nations–backed Convention on the Physical Protection of Nuclear Material (CPPNM) entered into force on 8 May – strengthening nuclear security and reducing the threat of nuclear terrorism worldwide.

At an event marking the historic milestone, Yukiya Amano, Director General of the International Atomic Agency (IAEA), said: “The entry into force of the Amendment demonstrates the determination of the international community to act together to strengthen nuclear security globally.”

On 8 April, the ratification of Panama brought the number of CPPNM adherences to 102, the threshold necessary to kick the agreement into effect in 30 days. The bolstered Convention, described by Mr. Amano as “the single most important step which the world can take to strengthen nuclear security,” will, among other things, reduce the risk of a terrorist attack on a nuclear power plant and make it more difficult to smuggle nuclear material.

As the only international legally-binding undertaking on the physical protection of nuclear material, the 1979 Convention established measures to prevent, detect and punish offenses.

The Amendment broadens the CPPNM by protecting nuclear facilities and material in domestic use, storage and transport. It also expands on identified offences, such as nuclear material theft, as well as introduces new ones, including nuclear material smuggling and nuclear facility sabotage.

“Our collective efforts have now paid off. The world will be a safer place as a result,” Mr. Amano said.

Some nations advocated for the Amendment to come into effect. In 2012, Nigeria hosted a regional workshop to promote the Amendment’s entry into force in Africa. On this important breakthrough, Abel Ayoko, Nigeria’s Permanent Representative to the IAEA underscored “The weak link in nuclear security has now been finally strengthened.”

Other countries had already made domestic legislative changes. Spain, which ratified the Amendment in 2007, updated its regulations for the physical protection of nuclear material and facilities in 2011 and 2015. Gonzalo de Salazar, Spain’s IAEA Ambassador, pointed out that “Spain has experienced remarkable progress in terms of the integration of the stipulations of the Convention into its national legal system.”

Director General of the International Atomic Energy Agency (IAEA) Yukiya Amano highlights the importance of the newly strengthened Convention on the Physical Protection of Nuclear Material. Credit: United Nations

Now that the Amendment has entered into force, new international notification and cooperation requirements will become fully operational, including enhanced information sharing between States in locating and recovering stolen material.

Mr. Amano previously announced that before the IAEA International Conference on Nuclear Security is convened, from 5 to 9 December, it would hold a meeting of the States Parties to facilitate early and effective implementation of the updated CPPNM.

Several States had already begun supporting others. Since October 2011, Canada’s Global Partnership Programme had provided $720,000 towards six regional workshops as well as follow-up assistance to help other countries implement the Amendment. Ché van Haastrecht, Chargé d’affaires at the Permanent Mission of Canada to the International Organisations in Vienna stressed, “Canada welcomes working with the IAEA to help other countries in implementing the Amendment in light of the entry into force.”

To date, 50 Parties to the CPPNM have yet to adhere to the Amendment, making the next goal to achieve universal application.

Mr. Amano urged their ratifications so as soon as possible, saying “Universal implementation of the amended Convention will help to ensure that nuclear material throughout the world is properly protected against malicious acts by terrorists.”

To this end, Mr. Amano announced that he would periodically host meetings to improve mechanisms for sharing information, while also protecting confidentiality.

As depositary for the Convention, the Amendment requires the IAEA Director General to convene a conference of States Parties to review its implementation and adequacy five years after it enters into force.