National Regulations to Support Nuclear Security: Making International Best Practices Work in Local Environments

Development of national regulations supporting nuclear materials control and accounting and physical protection is important part of ensuring security of nuclear materials and sites. Nuclear newcomers and states that have less developed national nuclear security regulatory infrastructure often resort to foreign experience and/or international assistance to support development of their national regulations governing nuclear material control and accounting and physical protection. While fundamental principles of nuclear security are universal, specific implementation that must be captured in national regulations and executed through national institutional infrastructure varies depending on the wide array of in-country environments. Based on experience supporting development of national nuclear security regulations in Russia, Ukraine and Belarus authors of the paper recommend that those involved in development of national regulations implement approach based on the following principles. First, analyze the regulatory environment and identify stakeholders and procedures critical for successful development of a regulation. Based on the results of analysis, develop a road map for regulation development and follow it during development of regulations. In addition to nuclear security experts involve local legal experts from the early stages. Second, when transferring nuclear security best practices, do not insist on copying them. Instead, capture the nuclear security goals to be achieved, analyze the local practices contributing to the achievement of these goals, and adjust best practices to ensure buy-in of the local stakeholders and personnel. Third, ensure that national stakeholders have sufficient capabilities to comply with newly established regulatory requirements. If capabilities are not sufficient, start the capabilities development effort before or at least no later than actual regulation development. Capability development may include personnel training, best practices exchange, equipment supplies, site upgrades, etc. And fourth, avoid regulating everything up to the minor implementation details. Proceed from a performance-based approach to ensure a balanced mix of nuclear security critical mandatory requirements, supporting implementation guidelines, sound management practices, and a nuclear security culture.