The Chief Directorate: Nuclear Non-Proliferation and Radiation Security of the Department of Electricity and Energy (DEE) is responsible for matters pertaining to nuclear non-proliferation and nuclear security in South Africa in line with the national legislation and international obligations. South Africa is a State Party to the Treaty on the Non-Proliferation of Nuclear Weapons (NPT) since July 1991 and has subsequently signed Safeguards Agreement with the International Atomic Energy Agency (IAEA) on the 16 September 1991. South Africa is also a State Party to the original Convention on Physical Protection of Nuclear Materials (CPPNM) since 17 September 2007 and its Amendment (A/CPPNM) since 26 February 2024. The main objective of being signatory to these Treaties and Conventions is to ensure that nuclear material, facilities, equipment and related technologies in the Country are used for peaceful purposes only. The requirements of these International Obligations are domesticated through the National Legislation and Regulatory Framework such as the Nuclear Energy Act (Act No 46 of 1999) among others.
1. SOUTH AFRICA'S INTERNATIONAL COMMITMENTS
To maintain the highest standards of nuclear safeguards and security, South Africa is a state party to key international non-proliferation instruments, including: 1.1. Treaty on the Non-Proliferation of Nuclear Weapons (NPT): South Africa is a strong advocate for the NPT and uses nuclear energy solely for peaceful purposes. 1.2. Convention on the Physical Protection of Nuclear Material (CPPNM) ( INFCIRC/274/Rev.1) and its 2005 Amendment (INFCIRC/274/Rev.1/Mod.1/Corr.1): The country adheres to international standards for the physical protection of nuclear material and nuclear facilities. 1.3. Zangger Committee: South Africa is a member, implementing its guidelines as outlined in INFCIRC/209, which clarifies and controls the export of items as defined by the NPT. 1.4. Nuclear Suppliers Group (NSG): South Africa is a participating government, implementing the rigorous guidelines for nuclear exports as outlined in INFCIRC/254/Rev.15/Part 1 to ensure they do not contribute to proliferation.
2. NATIONAL LEGAL FRAMEWORK
South Africa's domestic controls are established under a robust, structured framework of laws, regulations, and government notices: 2.1. The Nuclear Energy Act (Act No. 46 of 1999): This is the primary law. Sections 34 and 35 require any person, institution, or company to obtain a nuclear authorisations from the DEE for a wide range of nuclear non-proliferation activities. 2.2. The Nuclear Non-Proliferation (NNP) Regulations (No. R.1154 of 10 March 2023): These regulations prescribe detailed measures and establish guidelines for ensuring compliance with national and international nuclear non-proliferation requirements. 2.3. Government Notice No. 207 of 27 February 2009: This notice provides the specific list of controlled nuclear material, nuclear related material, nuclear-related equipment, technology and software.
3. WHY NUCLEAR AUTHORISATIONS ARE MANDATORY?
The authorisations are a required in terms of sections 34 and 35 of the Nuclear Energy Act, 1999 (Act No. 46 of 1999) to serve the following critical purposes: • Enforce of controls: Allows the Department to account for and control all nuclear material, nuclear related material, equipment, technology and software. • Prevent diversion: To deter the diversion of these materials for non-peaceful applications, such as nuclear weapons development. • Meet international obligations: Ensures South Africa's strict compliance with global treaties, including the NPT, the IAEA Safeguards Agreement and CPPNM and its Amendment. • Promote peaceful use: Guarantees that all nuclear-related activities are exclusively for peaceful applications. • Enable Global Trade: To enable the South African companies to benefit from the global trade of nuclear related material, equipment and technology for exclusive peaceful applications.
4. WHAT REQUIRES AN AUTHORISATION?
Any person, individual or an organisation must apply for an authorisation to conduct any of the following activities involving the nuclear material, plants, equipment, components, technology and software listed in the Government Notice No. 207 (controlled list): 4.1. Possess, acquire, use, dispose of, or transport any of the following:
• Import or Export any of the regulated items listed above. • Other Restricted Activities: Process, enrich, or reprocess nuclear material; produce nuclear energy; manufacture uranium hexafluoride; possess or manufacture nuclear fuel; or manage radioactive waste and irradiated fuel, and technology and software related to the above items.
5. HOW TO APPLY FOR A NUCLEAR AUTHORISATION?
Applications are mandatory and authorisation or denial must be issued by the DEE before any regulated activity commences.
6. HOW MUCH DOES IT COST?
There is no cost for the processing of nuclear authorisation applications.
7. WHICH APPLICATION FORMS TO COMPLETE?
Please use the correct form for your activities: • For National Activities (Acquire, Possess, Use, Transport, Dispose of, etc.): o Use Form DEE 23 and the DEE 23 Cover Letter. o Download DEE 23 and Cover Letter • For Export and Transport: o Use Form DEE 25 and the DEE 25 Cover Letter. o Download DEE 25 and Cover Letter • For Import and Transport: o Use Form DEE 27 and the DEE 27 Cover Letter. o Download DEE 27 and Cover Letter
8. SUBMISSION PROCESS:
Completed and signed application forms must be emailed to nuclearaauthorization@dee.gov.za
9. KEY INFORMATION FOR AUTHORISATION HOLDERS
• Processing Time: Authorisations are generally issued within 8 weeks. • Authorisation Conditions: All nuclear authorisations are issued with specific, legally binding conditions that the holder must comply with. These conditions are critical for maintaining non-proliferation compliance and typically include, but are not limited to: o Adherence to the IAEA Safeguards requirements o Maintaining accurate and auditable records of all controlled material and equipment. o Submitting regular reports (monthly, quarterly, or annually) on inventory changes and activities. o Prior written approval from DEE for significant change in the authorised activity.
• Amendment Requests: If any details of your authorised activities change, you must apply for an amendment of your authorisation before the change occurs. • Validity Period: o Import/Export Authorisations: Valid for a calendar year. Renewals for the following year can be submitted from June onwards. o National Activities Authorisations (DEE 23): Do not have an expiry date but can be amended or withdrawn as needed.
10. ADDITIONAL RESOURCES AND CONTACT INFORMATION
• Application & Reporting Assistance: o For application queries: Tel: 012 406 7881/7736, Mobile: 082 797 9639 / 082 613 8358, Email: nuclearauthorization@dee.gov.za o For reporting and compliance related assistance: Tel: 012 406 7494/7788/7492, Mobile: 082 085 1400 / 082 449 2182 / 082 461 4246
• Return of Authorisation: The original authorisation document must be returned to the DEE within one month if a company is liquidated, concludes the authorised activities, or upon expiry (for import/export permits).
11. NUCLEAR ENFORCEMENT AND COMPLIANCE
The Minister acts as the National Authority of the Republic for the purposes of the implementation and application of the Safeguards Agreement and any Additional Protocols in order to timeously detect and identify nuclear material intended to be used for peaceful nuclear activities and deter the diversion of such nuclear material to the manufacture of nuclear weapons or other nuclear explosive devices or for use in connection with any other purpose that is unknown.
Department of Electricity and Energy through the Nuclear Enforcement and Compliance Sub-Directorate is responsible for ensuring compliance to National Legislation related to Nuclear Non-Proliferation through conducting inspections and reviewing reports of authorisation holders and investigating possible contraventions of facilities performing or carrying out any restricted act or activity without an authorisation required in terms of section 34 or 35.
11.1. Inspections
Inspections are conducted in terms of section 37, 38 and 39 of the Nuclear Energy Act,1999 (Act No.46 of 1999) in order to monitor compliance with:
a) the terms of the Minister’s authorisation for possessing the restricted matter or performing or carrying out the restricted acts or activity, and compliance with the provisions of this Act relating to restricted matter or restricted acts or activities. b) the conditions imposed by the Minister under section 34 or 35 (as the case may be) in respect of that authorisation. c) any other relevant requirement imposed by or in terms of this Act with regard to restricted matter or restricted acts or activities.
The inspection may be routine or ad hoc and where required pre inspection are conducted prior to processing of an application to ensure an accurate application.
11.2. Reports
Authorisation holders are required to submit reports (Monthly, quarterly and annual consolidated) as imposed by the conditions of the authorisation. Furthermore, the Minister may in writing direct any person to whom authorisation was granted under section 34 or 35 to furnish reports or information.
The Nuclear Enforcement and Compliance is responsible for reviewing the reports and verifying the information.
11.3. Offences and Penalties
It is important to note that failure to comply with the requirements of the Nuclear Energy Act is regarded as an offence in terms of section 56 (1). In terms of Section 56 (2) of the Act, a person is liable, on conviction of an offence may attract a penalty on conviction, of a fine or a term of imprisonment between 3 to 10 years depending on the offence.
11.4. Notifications and reports according to specified conditions
The Department therefore conducts routine and ad hoc inspections to verify compliance with conditions of the authorisation and physical protection requirements.
12. PHYSICAL PROTECTIVE MEASURES FOR NUCLEAR MATERIAL
The physical protection of nuclear material in South Africa is governed by the Nuclear Energy Act, 1999 (Act No 46 of 1999). Authorisation holders are required to implement physical protective measures for nuclear material consistent with the requirements of the IAEA Nuclear Security Series and the Convention on the Physical Protection of Nuclear Material and its Amendment.
12.1. Facility Security Plan
Authorisation holders must develop and maintain a facility security plan approved by the Department that includes measures for preventing theft and unauthorized access to nuclear material.
12.2. Reporting of Incidents
Authorisation holders is required to report any accident, incident, event, theft or loss of nuclear material as specified in the issued authorisation by the Department of Electricity and Energy. Reporting should be done in writing within 24 hours of the occurrence via designated contact details or official email address.
Telephone: (082 085 4809/072 102 0207)
Email: radiationsecurity@dee.gov.za Forms: Incident report and investigation form
All applications, reports and related information are handled confidentially and assessed in coordination with relevant authorities.