CSCAP MEMORANDUM NO. 17

Promoting the Peaceful Use ofNuclear Energy

A Memorandum from theCouncil for Security Cooperation in the Asia Pacific (CSCAP)
June 2011

Council for Security Cooperation in the Asia Pacific(CSCAP)
Memorandum No. 17
Promoting the Peaceful Use of Nuclear Energy
June 2011
Introduction
Asia’s large population and rapid economic growth have created a dramaticincrease in demand for energy. Increasingly, nuclear power is seen as an
attractive option for states that seek to increase electricity output. As a result, themajority of civilian nuclear power facilities under construction globally are now
located in Asia and there are plans for many more in the coming decades. Manyof these facilities will be built in countries with limited experience in dealing withthe safety and security issues associated with nuclear technology. While notdiscouraging development of peaceful nuclear energy use, there is a need toensure that nonproliferation commitments are upheld and strengthened toprevent the diversion or theft of materials and horizontal as well as verticalproliferation. The specific conclusions and recommendations in the action planproduced at the Nuclear Nonproliferation Treaty 2010 Review Conference
provide a firm basis for striking the proper balance between peaceful use of
nuclear technology, nonproliferation, and disarmament.
Each state in the Asia-Pacific should make efforts to develop and implement
international safeguards along with safety and security measures in accordancewith International Atomic Energy Agency (IAEA) standards. States should
provide assistance to other governments in their commitment to peaceful useand nonproliferation compliance to ensure the benefits of nuclear technology arefully realized and the dangers minimized. The creation of a global infrastructurethat is based on multilateral approaches to managing the nuclear fuel cycle and aproliferation-stable architecture is necessary as peaceful use of nuclear energy
increases. In response to a growing need for civilian nuclear energy, and building
upon recommendations of the CSCAP Study Group on Countering theProliferation of Weapons of Mass Destruction in the Asia Pacific, thismemorandum recommends specific measures involving regional cooperation,national legislation, verification and transparency, outreach and capacity building,and compliance with international regimes.

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Recommendations for Promoting the Peaceful Use of Nuclear Energy
Considering resource requirements and constraints associated with the peacefuluse of nuclear energy, it is important to rely and build on existing internationaland regional organizations and institutions rather than attempt to duplicate therequirements established by them. Accordingly, CSCAP offers the following
recommendations in the interest of establishing a safe and secure framework topromote peaceful use of nuclear energy in the Asia-Pacific region:
Regional Cooperation
All ASEAN Regional Forum states should promote regional cooperation toenhance nuclear safeguards, safety, and security in the region through thefollowing initiatives:• Participate in the Asian Nuclear Safety Network to improve the safety ofnuclear facilities.
• Promote civilian nuclear cooperation through the Regional Cooperative
Agreement for Research, Development and Training Related to Nuclear
Science and Technology for Asia and the Pacific.
• Promote regional information collection and dissemination capability withthe goal of sharing expertise, training, and best practices for facility
operations.
• Cooperate in promoting regional standardization and supporting the workof the UNSCR 1540 Committee.
• Promote development of an international fuel reserve center to ensure
reliable access to nuclear fuel in a multilateral, economically viable, nondiscriminatory, and transparent manner under the auspices of the IAEA.
• Promote the development of cooperative arrangements to store, treat anddispose of used fuel and low-level waste materials.
• Promote the establishment of a comprehensive monitoring and detection
mechanism, a regional emergency response capability, and anenforcement mechanism to ensure transparency and compliance with
IAEA and UN directives and resolutions related to nonproliferation of WMD.

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• Collaborate in the development of more proliferation-resistant nuclear
power reactors.
• Promote the establishment of a regional reprocessing and enrichment freezone.
National Legislation
National legislation covering all aspects of nuclear law, including safety, security,liability, nonproliferation, and other regulatory and commercial aspects must
support the peaceful use of nuclear technology. Legislation should minimize legal
impediments to the safe use of nuclear energy, encourage equitablecompensation of nuclear damage resulting from an accident, and facilitate
international trade in nuclear materials and equipment for peaceful purposes.
All states should ensure that a comprehensive legislative framework isestablished to provide legal authority for the establishment of a fully independent
nuclear regulatory body. This body is critical to safeguarding and sustaining
operational transparency to support the safe, secure, and efficient use of nuclear
energy.
National legislation should:• Establish a regulatory mechanism to ensure adequate licensing, inspectionand enforcement.
• Set forth broad institutional responsibilities to ensure safe and secure useof nuclear technology and materials.
• Make provision for regulations and guidance documents that specify
adequate controls for all nuclear and related material, equipment, andtechnology as well as adequate technical and human infrastructure in
nuclear safety, radiological protection, and waste management.
Verification and Transparency
The IAEA has the authority under the Comprehensive Safeguards Agreement toverify the peaceful use of all nuclear material in NPT member states. However,
the tools available under such an agreement are limited and should be
supplemented with additional measures.

3All states should consider the following such additional measures:• Adopt the IAEA Additional Protocol to increase the effectiveness of theComprehensive Safeguards Agreement.
• Establish a Nuclear Energy Program Implementation Organization or asimilar body based on IAEA guidelines to ensure a comprehensive
approach to nuclear power development is taken and complete operationaltransparency is maintained.
• Implement import and export control regulations for nuclear and nuclearrelated equipment and technology similar to the Nuclear Suppliers Group
Guidelines for Nuclear Transfers. CSCAP Memorandum No. 14,
Guidelines for Managing Trade of Strategic Goods provides specificrecommendations to help ensure an effective control regime is established.
• Take all possible practical steps to provide for adequate financing for theIAEA to ensure resources for technical cooperation, inspection, andenforcement activities are sufficient, assured, and predictable.
Outreach and Capacity Building
The IAEA is the world’s focal point for building capacity, improving nuclear safetyand security, and promoting scientific and technical cooperation in nuclearenergy.
Countries with expertise in nuclear energy should help develop and implement
regional and national strategies on nuclear energy to include areas such as
resources, facility safety and security, and proliferation risks in accordance with
relevant international agreements, including the Nuclear Nonproliferation Treaty.
Countries producing or contemplating the use of nuclear energy should:• Promote capacity building through technical cooperation in emergency
response to nuclear‐related incidents, safety and security for waste
management, and research partnerships to establish common evaluationand facility standards.
• Strengthen the IAEA Technical Cooperation program through assistingother states in the development of peaceful uses for nuclear energy;4• Promote human resources capacity development focusing on nuclear
reactor operators and nuclear engineering and regional coordination of
emergency responses to nuclear incidents.
• Promote development of human resources capacity, institutional capacity,and technical and managerial capabilities through technical, scientificcooperation via lab-to-lab and facility-to-facility exchanges, research anddevelopment, education and training in nuclear, radiation, transportation,and waste management safety, and nuclear security.
• Promote sharing and development of best practices in the areas of nuclear
safety and security, including involvement of the nuclear industry andprivate sector as necessary.
• Support and promote the IAEA’s International Low Enriched Uranium (LEU)
Fuel Bank.
International Regime Compliance
All member states should consider signing or otherwise complying with enhanced
nuclear safeguards, safety, and security as specified in the following documents,
consistent with their international commitments and obligations:• Nuclear Nonproliferation Treaty• IAEA Comprehensive Safeguards and the Additional Protocol• Global Initiative to Counter Nuclear Terrorism• United Nations Security Council Resolution (UNSCR) 1540
• Convention on Nuclear Safety• Convention on the Early Notification of a Nuclear Accident• Convention on Assistance in the Case of a Nuclear Accident orRadiological Emergency• Joint Convention on the Safety of Spent Fuel Management and on theSafety of Radioactive Waste Management

5• IAEA Vienna Convention on Civil Liability for Nuclear Damage and itsamendments• IAEA Convention on Supplementary Compensation for Nuclear Damage• Convention on the Physical Protection of Nuclear Material (CPPNM) andits amendment• International Convention on the Suppression of Acts of Nuclear Terrorism
All states in a position to do so should make additional contributions to theInternational Atomic Energy Agency’s Peaceful Uses Initiative.
All states should identify best practices for national implementation of UNSC
Resolution 1540 and assist other countries to meet the highest international
standards.

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ABOUT CSCAP
CSCAP is a non-governmental (second track) process for dialogue on security
issues in the Asia Pacific. Membership in CSCAP is on an institutional basis andconsists of Member Committees. Current membership comprises Australia,
Brunei Darussalam, Cambodia, Canada, China, India, Indonesia, Japan, theDemocratic People’s Republic of Korea, the Republic of Korea, Malaysia,
Mongolia, New Zealand, the Philippines, Russia, Singapore, Thailand, Vietnam
and the USA.
The functions of CSCAP are as follows:a. to provide an informal mechanism by which political and security issues
can be discussed by scholars, officials, and others in their private
capacities;
b. to encourage the participants of such individuals from countries andterritories in the Asia Pacific on the basis of the principle of inclusiveness;c. to organise various working groups to address security issues andchallenges facing the region;d. to provide policy recommendations to various intergovernmental bodies onpolitical-security issues;e. to convene regional and international meetings and other cooperative
activities for the purpose of discussing political-security issues;
f. to establish linkages with institutions and organisations in other parts of theworld to exchange information, insights and experiences in the area ofregional political-security cooperation; andg. to produce and disseminate publications relevant to the other purposes ofthe organisation.
Study groups are the primary mechanism for CSCAP activity. As of June 2011,
there were eight CSCAP Study Groups. These are concerned with: (i) Countering
the Proliferation of Weapons of Mass Destruction in the Asia Pacific; (ii) ExportControls; (iii) Significance of the Existence of Regional Transnational Crime Hubs
to the Governments of the Asia Pacific Region; (iv) Multilateral Security
Governance in Northeast Asia/North Pacific; (v) Naval Enhancement in the Asia
Pacific; (vi) Responsibility to Protect; (vii) Water Resources Security; and (viii)
Cyber Security.
This memorandum was produced by the CSCAP Study Group on Countering theProliferation of Weapons of Mass Destruction in the Asia Pacific and wasapproved by the 35th CSCAP Steering Committee Meeting in Kuala Lumpur,Malaysia, on 2 June 2011.

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Further information on CSCAP can be obtained from the CSCAP website atwww.cscap.org or by contacting the CSCAP Secretariat:
CSCAP Secretariat
c/o ISIS Malaysia
1 Persiaran Sultan Salahuddin
PO Box 12424
50778 Kuala LumpurMalaysia
T: +603-2693 9366 Ext 125
F: +603-2693 9375
E: cscap@isis.org.my8

CSCAP Memoranda
CSCAP Memoranda are the outcome of the work of Study Groups approved bythe Steering Committee and submitted for consideration by the ASEAN Regional
Forum and other bodies.
 Memorandum No.16 - Safety and Security of Offshore Oil and Gas Installations
Author: Study Group on Safety and Security of Offshore Oil and Gas
Installations
Date published: January 2011
 Memorandum No.15 - The Security Implications of Climate Change
Author: Study Group on the Security Implications of Climate Change
Date published: July 2010
 Memorandum No.14 - Guidelines for Managing Trade of Strategic Goods
Author: Export Controls Experts Group (XCXG)
Date published: March 2009
 Memorandum No.13 - Guidelines for Maritime Cooperation in Enclosed andSemi-Enclosed Seas and Similar Sea Areas of the Asia PacificAuthor: Study Group on Facilitating Maritime Security Cooperation in the Asia
Pacific
Date published: June 2008
 Memorandum No.12 - Maritime Knowledge and Awareness: Basic Foundationsof Maritime SecurityAuthor: Study Group on Facilitating Maritime Security Cooperation in the Asia
PacificDate published: December 2007
 Memorandum No.11 - Human Trafficking
Author: Study Group on Human Trafficking
Date published: June 2007
 Memorandum No.10 - Enhancing Efforts to Address the Factors Driving
International TerrorismAuthor: Study Group on Enhancing the Effectiveness of the Campaign Against
International Terrorism with Specific Reference to the Asia Pacific Region
Date published: December 2005

9 Memorandum No.9 - Trafficking of Firearms in the Asia Pacific Region
Author: Working Group on Transnational Crime
Date published: May 2004
 Memorandum No.8 - The Weakest Link? Seaborne Trade and the Maritime
Regime in the Asia PacificAuthor: Working Group on Maritime Cooperation
Date published: April 2004
 Memorandum No.7 - The Relationship Between Terrorism and Transnational
CrimeAuthor: Working Group on Transnational Crime
Date published: July 2003
 Memorandum No.6 - The Practice of the Law of the Sea in the Asia PacificAuthor: Working Group on Maritime Cooperation
Date published: December 2002
 Memorandum No.5 - Cooperation for Law and Order at Sea
Author: Working Group on Maritime Cooperation
Date published: February 2001
 Memorandum No.4 - Guidelines for Regional Maritime Cooperation
Author: Working Group on Maritime Cooperation
Date published: December 1997
 Memorandum No.3 - The Concepts of Comprehensive Security andCooperative Security
Author: Working Group on Comprehensive and Cooperative Security
Date published: December 1995
 Memorandum No.2 - Asia Pacific Confidence and Security Building Measures
Author: Working Group on Confidence and Security Building Measures
Date published: June 1995
 Memorandum No.1 - The Security of the Asia Pacific Region
Author: CSCAP
Date published: April 1994

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