Kuwait’s New Resolution on Security of Nuclear and Radioactive Materials
Healthcare &Life Sciences Focus
Kuwait's Ministry of Health issued a decision, Ministerial Decision No. 454 of 2023 for the Security of Radioactive and Nuclear Sources which takes into consideration the latest developments in the field and current security concerns.
Law Update: Issue 364 - Healthcare & Life Sciences Focus
Margaret McKenzieAssociate,Corporate Commercial
Nuclear and radioactive materials, including material critical for delivering life-saving treatments, must be regulated in order to avoid misuse that could threaten the lives of individuals, the public, the environment, or the national security of a country. On 10 December 2023, Kuwait's Ministry of Health issued a decision, Ministerial Decision No. 454 of 2023 for the Security of Radioactive and Nuclear Sources (“Resolution on the Security of Radioactive and Nuclear Materials”), which takes into consideration the latest developments in the field and current security concerns. The new resolution is important because – it provides additional details regarding the security and protection of nuclear and radioactive material.
Kuwait has acceded to the Convention on Nuclear Safety; consequently, the Resolution on the Security of Radioactive and Nuclear Materials is based on the international standards and guidance of the International Atomic Entergy Agency (“IAEA”). The IAEA explains that nuclear medicine is used for the diagnosis, staging of disease, therapy and monitoring the response of a disease process. As a general note, since nuclear medicine involves exposure of the radioactive material to patients, individuals in the healthcare industry must generally apply principles of radiation protection. Although Kuwait does not currently have a nuclear power plant or nuclear power program, medical procedures in Kuwait sometimes require such radioactive materials, such as blood irradiation, high precision cancer treatments, and advanced non-destructive testing services. There are multiple facilities in Kuwait where high activity radioactive sources are in use or in storage, and the security of such locations are paramount. Although there are no publicly reported cases of radiological incidents resulting in casualties in the State of Kuwait, this new resolution and previous decrees provide additional safety to the country.
In 1977, Amiri Decree No. 131 was issued, entitled “The Control of the Use of Ionizing Radiation and Protection for the Hazards Thereof” (“Amiri Decree No. 131”), which lays the groundwork for many decrees that followed. Not only did Amiri Decree No. 131 establish the Radiation Protection Department at the Ministry of Health (“MOH”), but it also clarified licencing procedures that need to be obtained from the MOH, and regulates the use of ionizing radiation and aims to prevent its risks. The Radiation Protection Department includes extensive powers regarding issuing and revoking licensing, including revoking the license even for the vague reason of “public interest” as per Article 9(6) of Amiri Decree No. 131.
No radiation device or radioactive substance can be imported, exported, manufactured, possessed, traded, transported, or disposed of without the requisite licence, in accordance with Article 2 of Amiri Decree No. 131. Since this decree, Kuwait has kept pace with the relevant nuclear developments and has continued to work to protect the country from potential nuclear and radioactive dangers. The Resolution on the Security of Radioactive and Nuclear Materials is another resolution in a long line of resolutions that have been issued over time in Kuwait.
The Resolution on the Security of Radioactive and Nuclear Materials is significant because it specifies the need to abide by regulatory requirements for storing, transport, and reporting of radioactive and nuclear sources. For instance, the entities that are handling such material must have a valid licence from the MOH, conduct periodic inventories, and report any security breaches or incidents to the Radiation Protection Department, the national regulatory authority within the MOH. The new resolution seems particularly concerned with the loss of nuclear or radioactive materials. By introducing additional protections, there is an attempt to include specific procedures and processes that can be followed by entities and concerned government agencies that are handling such material. With the increased global concerns about mishandling of nuclear and radioactive material, this new resolution may also help to prevent future terrorist activity.
Resolution on the Security of Radioactive and Nuclear Materials applies to all entities that handle radioactive and nuclear sources, and provide requirements for detection, delay, response, and management of the material. There are different “Security Levels” depending upon the radioactive material. As a general note, individuals who are dealing with such material must have proper training. Some examples of enhanced security mentioned in the resolution include CCTV cameras, personal identification cards, and the importance of ensuring eligibility of people allowed to enter (including background checks for these individuals and all employees who have access). Records related to the sources will be under the exclusive control of the principal officer including the location of the radioactive source and its serial number or identification number, radionuclides, commencement of the date of use, date of movement of the radioactive source and names of the recipients during this movement, etc. There should be an emergency/security plan that is compatible with regulatory requirements that ensures responsibility to threat levels and the ability to act on security incidents that occur. The emergency plan should allow for a rapid response to emergencies and reporting of loss of control over radioactive sources. Further, security breaches or incidents must be reported to the principal officer and regulatory authorities, as well as any other emergency-related entity. With respect to reporting, entities are obligated to submit periodic and emergency reports to the Radiation Protection Department.
As discussed above, the new Resolution on the Security of Radioactive and Nuclear Materials supplements the existing Amiri Decree No. 131, as well as the subsequent resolutions that followed. The latest resolution issued in 2023 is expected to improve the security and safety of radioactive and nuclear sources in Kuwait, as well as to facilitate the cooperation and coordination with the IAEA and other international organizations. The resolution may also help to prevent the potential misuse of radioactive sources for malicious purposes. Thus, the nuclear medicine in Kuwait can be used safely and securely for its purpose of lifesaving treatments such as diagnosing, monitoring, and responding to diseases.
For further information,please contact Margaret McKenzie.
Published in January 2024
