Order 72: Iraqi Radioactive Source Regulatory Authority

From Wikisource
Jump to: navigation, search
Order 72: Iraqi Radioactive Source Regulatory Authority
L. Paul Bremer, Coalition Provisional Authority
Deficient OCR, possibly incomplete. Original PDF available at Commons:Category:Coalition Provisional Authority documents.

COALITION PROVISIONAL AUTHORITY ORDER NUMBER 72

IRAQI RADIOACTIVE SOURCE REGULATORY AUTHORITY

Pursuant to my authority as Administrator of the Coalition Provisional Authority (CPA),
and under the laws and usages of war, and consistent with relevant United Nations
Security Council resolutions, including Resolutions 1483 and 1511 (2003),

Furthering paragraph 1 of Resolution 1483, appealing to member states and concerned
organizations to assist the people of Iraq in their efforts to reform their institutions and
rebuild their country, and to contribute to conditions of stability and security in Iraq,

Noting that United Nations Security Council Resolution 687 (1991) decides that Iraq
shall unconditionally agree not to acquire or develop nuclear weapons or nuclearweapons-
usable material or any subsystems or components or any research, development,
support or manufacturing facility related to the above,

Noting that United Nations Security Council Resolution 707 (1991) permits Iraq to use
(radioactive) isotopes for medical, agricultural or industrial purposes,

Noting further the adoption of the Law of Administration for the State of Iraq for the
Transitional Period on March 8, 2004,

Recalling that on September 8, 2003, the Board of Governors of the International Atomic
Energy Agency approved a revised Code of Conduct on the Safety and Security of
Radioactive Sources, IAEA/CODEOC/2004.

Recognizing that uses of ionizing radiation introduce important benefits in medicine,
industry, agriculture, and related research, but that radiation exposure carries with it the
potential to produce harmful effects in people and the environment, and

Determining to establish a national organization to regulate the use of radioactive sources
and other radioactive materials in order to protect the health, security, and safety of
human beings while permitting the beneficial uses of ionizing radiation,

I hereby promulgate the following:

Section 1
Establishment


1) The Iraqi Radioactive Source Regulatory Authority (hereinafter “the IRSRA”) is
hereby established. The IRSRA shall be an independent agency.

CPA/ORD/10 June 2004/72


2) The IRSRA shall have authority to regulate radioactive sources and all activities
associated with exposure or the potential exposure to ionizing radiation from
radioactive sources and radioactive waste, except those radioactive source
activities and radioactive sources which are expressly excluded herein.

3) The IRSRA shall not have responsibility for radiological environmental
monitoring or for regulating cleanup and remediation of the environment.

4) In carrying out its responsibilities, the IRSRA shall follow, to the extent
practicable, the guidance in the International Atomic Energy Agency’s Code of
Conduct on the Safety and Security of Radioactive Sources and any revisions
thereto.

5) All references herein to the Administrator of the CPA shall refer to the head of the
Iraqi government following transfer of full governance authority to the Iraqi
Interim Government.

Section 2
Purpose

The IRSRA shall promulgate and enforce regulations to allow for beneficial uses of
radioactive sources, to provide for adequate protection of human beings against the
harmful effects of ionizing radiation, and to ensure the safety and security of
radioactive sources. The IRSRA shall also investigate technical issues associated
with low level radioactive waste disposal.

Section 3
Definition of Radioactive Source

A radioactive source is radioactive material that is either permanently sealed in a
capsule or closely bonded and in a solid form. For purposes of this Order, the term
radioactive source will also be considered to include commercial radioisotopes in
liquid form. The term will also include any radioactive material released if a sealed
radioactive source is leaking or is broken or if a spill occurs in the case of liquid
radioisotopes. For purposes of this Order, radioactive sources do not include nuclear
material encapsulated for disposal, or nuclear material within the nuclear fuel cycles
of research and power reactors.

Section 4
Chairman and Management Staff

1) The Chairman of the IRSRA shall initially be appointed by the Administrator of
the CPA, after consultation with the Iraqi Interim Government, for a fixed term of

CPA/ORD/10 June 2004/72


two years. Thereafter, Chairmen of the IRSRA shall be appointed by the head of
government for fixed terms of five years. The Chairman of the IRSRA shall be
responsible for the overall management and operation of the IRSRA and shall
report directly to the Administrator of the CPA.

2) The IRSRA shall be organized into such Divisions as necessary and appropriate to
carry out its functions. Each Division shall be headed by a Division Manager
reporting directly to the Chairman. Prior to transfer of full governance authority to
the Iraqi Interim Government, Division Managers will be appointed by the
Administrator of the CPA. Following transfer of full governance authority to the
Iraqi Interim Government, Division Managers will be appointed by and serve at
the pleasure of the Chairman.

Section 5
Budget and Funding

1) The IRSRA shall coordinate with the Ministry of Finance regarding its budget.

2) Following transfer of full governance authority to the Iraqi Interim Government,
resources for staffing and staff training, acquisition and maintenance of facilities
and equipment, and inspection costs for IRSRA shall be provided through the
national fiscal process and reviewed annually.

Section 6
Salary and Employment Conditions

1) The IRSRA shall have the power to hire, employ and discharge personnel in
accordance with Iraqi law, as amended by CPA Orders, Regulations, and
Memoranda. Such hiring and employment shall be consistent with CPA Order
Number 1 and any authorized implementation thereof.

2) Salaries of IRSRA personnel shall conform to the salary structure applicable to
Iraqi national government employees.

Section 7
Authority and Functions

1) The IRSRA is empowered to:

a) prepare laws and orders for approval by the Administrator of the CPA
governing radioactive sources and activities associated therewith, and
radioactive waste disposal. This shall include establishing radiation protection
and radiation safety requirements in all areas except those involving long-term

CPA/ORD/10 June 2004/72


radiological environmental monitoring and cleanup or remediation of the
environment;

b) issue regulations that govern the life cycle management of radioactive sources,
as required to provide for public health, safety or security;

c) define radioactive sources that are excluded from regulatory requirements on
the basis of their being not amenable to regulatory control;

d) establish and promulgate an application procedure and issue licenses
(authorizations) for the possession and use of radioactive sources; grant
exemptions and maintain appropriate records relating to applications, licenses
and exemptions;

e) define in the regulations and authorizations the specific obligations to be placed
on those who possess radioactive sources including, but not limited to the
following:

i. financial conditions;
ii. inventory controls;
iii. appropriate radioactive source container markings;
iv. appropriate radiological work practices and work area controls;
v. use of traceable radioactive source identification markings;
f)
conduct announced and unannounced inspections to assess radiation safety
conditions and to assess compliance with applicable regulations and other
requirements specified in authorizations to use radioactive sources,

g) take such action as necessary to enforce compliance with regulatory
requirements and authorizations, and to protect the health and safety of workers
and the public and to impose sanctions for non-compliance with IRSRA
requirements subject to the maximum specified by the Administrator of the
CPA or, following transfer of full governance authority, the government of
Iraq;

h) levy fees for authorizations and inspections; all proceeds from fees shall be
deposited in the general operating account of the IRSRA;

CPA/ORD/10 June 2004/72


i) levy fines for non-compliance with applicable regulations and authorizations;
all proceeds from fines shall be deposited in the general operating account of
the Ministry of Finance;

j) respond to reports of orphan sources and assist in radiological emergencies;

k) advise other governmental authorities and organizations on matters within the
competence of the IRSRA;

l) promote and carry out research on radiation safety issues of regulatory concern;

m) maintain contact for information exchange and cooperation with regulatory
bodies of other countries and relevant international organizations, most
importantly the IAEA; and

n) establish appropriate mechanisms to insure substantive public participation in
the regulatory process, and to inform the public about the radiation safety
aspects of regulated practices.

2) Duly authorized officials of the IRSRA and Ministry of the Environment are
permitted access to premises and facilities in which radioactive sources are located
in order to obtain information about the status of radiation safety and to verify
compliance with regulatory requirements.

3) The IRSRA is authorized to engage consultants to serve as individual expert
advisers or as members of its advisory committees as may be useful and
appropriate for the IRSRA to discharge its responsibilities.

4) The IRSRA is authorized to communicate directly with CPA authorities, or
following transfer of full governance authority, Iraqi government officials, in all
cases in which this is considered necessary to exercise effectively the functions of
the IRSRA.

Section 8
Prohibitions

Following transfer of full governance authority to the Iraqi Interim Government, no
radioactive source activity shall be adopted or introduced, continued or discontinued
or ceased, and no radioactive source shall, as applicable, be designed, manufactured,
constructed or assembled, acquired, imported or exported, distributed, sold, loaned or
hired, possessed, located, commissioned, used and operated, maintained or repaired,
transferred or decommissioned, disassembled or transported, stored or disposed of,
except in accordance with the requirements established by the IRSRA, unless the

CPA/ORD/10 June 2004/72


exposure from such activity is excluded from such requirements, or the activity or the
source is exempted by the IRSRA from the requirements of the Regulations,
including the requirements of notification and authorization.

Section 9
Relation to Other Laws and Organizations

1) In the event that other laws governing occupational, public, medical, or
environmental protection and safety under the control of other regulatory bodies
also address the use of ionizing radiation, the IRSRA and other such regulatory
bodies are encouraged to enter into agreements for cooperation and coordination
to avoid gaps or overlap in regulatory control while discharging respective
responsibilities. If appropriate agreements cannot be developed to the mutual
satisfaction of the agencies involved, the issues will be directed to the
Administrator of the CPA for resolution.

2) A permanent mechanism for information exchange and cooperation shall be
established between the IRSRA and Ministry of the Interior, Department of Border
Enforcement, to ensure adequate control over radioactive sources entering and
leaving the country and proper identification and authorization of the persons
importing or receiving and exporting or sending the radioactive sources.

3) A permanent mechanism for information exchange, reporting and cooperation
shall be established between the IRSRA and appropriate authorities within the
Ministry of the Environment to ensure clear delineation of authority and
responsibility in accordance with this order and to ensure free flows of information
and effective regulation and application of standards for sources of radiation.
Such a mechanism shall be established through written agreement signed between
the Chairman of IRSRA and the Minister of the Environment.

Section 10
Regulatory Authority

The IRSRA shall adopt such Regulations, not inconsistent with Iraqi law or any CPA
Order, Regulation, or Memorandum, as are necessary to carry out the purposes of the
IRSRA.

CPA/ORD/10 June 2004/72

This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).