Act No. 107/An/20/8Th Establishing The National Security Authority And Nuclear, Radiological, Chemical And Biological Security.

Original Language Title: Loi N° 107/AN/20/8ème L portant création de l'Autorité Nationale de Sécurité et Sûreté Nucléaires, Radiologiques, Chimiques et Biologiques.

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Act No. 107/AN/20/8th L establishing the National Authority for Security and Nuclear Safety, Radiological, Chemical and Biological.


VU The Constitution of 15 September 1992;
VU Constitutional Law No.92/AN/10/6th L of 21 April 2010 revising the Constitution;
VU Law No. 108/AN/96/3 The accession of the Republic of Djibouti to the Treaty of Non-Proliferation (NPT) of Nuclear Weapons;
VU Law n°146/AN/11/6th Ratification of the Convention on the Physical Protection of Nuclear Material;
VU Law n°147/AN/11/6th Ratification of the International Convention for the Suppression of Acts of Nuclear Terrorism;
VU La Loi n°87/AN/15/7ème Ratification of the Guarantee Agreement and its Additional Protocol between the Republic of Djibouti and the International Atomic Energy Agency (IAEA);
VU Law No.123/AN/05/5th Authorizing the ratification of the Convention of 13 January 1993 on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction;
VU Law No. 127/AN/01/4th L of 26 May 2001 ratifying the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal;
VU Law No. 51/AN/09/6th L of July 1, 2009 on the Code of the Environment;
VU Order No.2019-095/PRE of 05 May 2019 appointing the Prime Minister;
VU Order No.2019-096/PRE of 05 May 2019 appointing members of the Government;
VU Decree No.2019-116/PRE of 26 May 2019 establishing the responsibilities of members of the Government;
VU Circular No. 51/PAN of 01/02/2021 calling the National Assembly in Special Session;
The Council of Ministers heard at its meeting on 13 October 2020.


ARTICLE 1: It is created with the Presidency of the Republic an independent national structure competent in the field of Nuclear Safety and Security, Radiological, Chemical and Biological, called "ANRCB" or National Authority.
The National Authority is governed by the provisions of this Act.

Article 2: The ANRCB is an independent administrative authority with legal personality and financial autonomy.

Article 3: The seat of the National Authority is fixed in Djibouti. However, antennas can be created by decree as necessary in other localities.

Article 4: The National Authority shall, on behalf of the State, monitor nuclear, radiological, chemical and biological safety and security to protect workers, patients, the public and the environment from the risks associated with nuclear, chemical and biological activities. It also contributes to public information and awareness.


Article 5: The National Authority has the following tasks:
(1) assist the Government of Djibouti in developing national regulatory control policies and measures for activities and practices governed by this Act;
(2) issuing, modifying, suspending or cancelling authorizations and setting conditions for practices and activities involving ionizing radiation, chemicals and biological products;
3) inspect, monitor and evaluate activities, practices and facilities to verify compliance with this Act, applicable regulations and conditions of authorization;
(4) Accrediting staff working with ionizing radiation after checking their skills;
5) define dose limits, exemption criteria and release thresholds;
(6) Establish a national security monitoring system to detect, identify and assess specific threats related to nuclear, radiological, chemical and biological security;
(7) develop and propose regulations and establish guidelines for the safety and security of nuclear and other radioactive materials, as well as chemical and biological products and associated facilities;
(8) Participate in the definition of the reference threat for the application of safety measures for facilities involving nuclear, radioactive and chemical and biological materials;
9) participate with the relevant authorities in the development and updating of the contingency plan involving nuclear or radioactive materials, as well as chemical and biological products;
10) coordinate with the competent authorities the conduct of interventions in cases of incidents or accidents involving nuclear or radioactive materials, as well as chemical and biological products;
11) coordinating the projects of the technical cooperation programme of international organizations in charge of weapons of mass destruction such as IAEA and OPCW.
12) establish appropriate mechanisms and procedures to inform and consult with the public and other stakeholders on regulated activities and practices related to safety, health and the environment;
13) Develop and implement a national programme for the research and security of orphaned sources;
14) establish and maintain an inventory of ionizing sources of radiation;
(15) take coercive measures in the event of violations of nuclear, radiological, chemical and biological security and safety laws and regulations, or in the event of a dangerous or potentially dangerous situation at any location where authorized activities are carried out;
(16) establish and collect royalties related to the issuance and renewal of authorizations, licences or licences;

17) create and maintain a national register of persons authorized to conduct activities or practices involving ionizing radiation;
18) establish and update a national registry of chemical and biological products in the tables of the Organization on the Prohibition of Chemical Weapons or ICAO and the Convention on the Prohibition of Biological Weapons or Toxins or CABT;
19) cooperate with the IAEA for the application of safeguards in accordance with the guarantee agreement and any protocol to this agreement signed between Djibouti and the IAEA;
(20) establish and maintain a national system of accounting and control of nuclear material and a national system for the registration of nuclear material licences and establish the reporting and record requirements in accordance with the Guarantee Agreement and any Protocol thereto between Djibouti and IAEA;
21) establish and implement, in collaboration with other relevant national administrations, a system of export control and import control of nuclear and radioactive materials, chemicals and biological products;
22) take appropriate measures to protect confidential information.

Article 6: The National Authority is the national point of contact for the application of the conventions to which the Republic of Djibouti is a party in the fields of this Law.
At the request of the Government the National Authority may represent it at international meetings or conferences in its areas of competence.

Article 7: The National Authority may appeal to experts or consultants on a specific issue that falls within its jurisdiction. The opinions issued by experts and consultants did not exempt the National Authority from its responsibilities.
Each year, the National Authority transmits an activity report to the President of the Republic.


Article 8: The organs of the National Authority are:
- Technical and Scientific Committee;
- General Directorate.

The National Authority is headed by a Director General appointed by decree on the proposal of the Presidency of the Republic for a period of five (05) years, renewable once in the same forms as for his appointment.
He is terminated under the same conditions.

ARTICLE 9: The Director General is invested in the decision-making power necessary for the proper functioning of the National Authority and acts on his behalf. He is responsible for ensuring the proper execution of all the missions of the National Authority.

Article 10: The Director General is assisted by a Technical and Scientific Committee (CTS) composed of personalities recognized for their scientific, technical and legal skills in the areas of safety and radiological and nuclear security, as chemical and biological.
The Technical and Scientific Committee is obligatoryly consulted on matters within its jurisdiction as well as on general directions, the action plan and the budget of the National Authority.
The Technical and Scientific Committee is informed of the decisions taken by the Director General.
The members of the Technical and Scientific Committee are appointed by decree of the President of the Republic for a period of five (05) years renewable once in the same form as for their appointments.
The Director General ensures that technical and scientific support received from experts or members of the Technical and Scientific Committee is provided to avoid any conflict of interest.
The members of the Technical and Scientific Committee receive compensation and other benefits set by decree.
The Director General receives a monthly salary, allowances and other benefits established by the same decree.
Upon expiry of their term, the members of the Technical and Scientific Committee lose the benefit of their treatment.

Article 11: The organization and operation of the National Authority and the Technical and Scientific Committee will be specified by a decree of the President of the Republic.

Article 12: The Government makes available to the National Authority all the human and financial resources necessary for its operation. The budget of the National Authority is as follows:
- annual subsidies of the State;
- revenues generated by the issuance or renewal of authorizations or licences and any other recipes related to the missions of the National Authority;
- grants other than those granted by the State, gifts and bequests of organizations other than those carrying on activities and practices involving radioactive or nuclear materials;
- contributions from State partners;
- operating expenses including those related to the implementation of the regulatory program;
- pay and other remuneration;
- any other expenses related to its activity.

Article 13: The National Authority has an autonomous budget whose management is subject to the rules of public accounting.
The Director General is the Chief Financial Officer. He can delegate his signature to another member.

ARTICLE 14: The staff of the National Authority may be composed of:
- civil servants or agreements detached from their original bodies with their remuneration;
- staff recruited by the National Authority under contract of private law and paid under the provisions of the Labour Code and the Collective Convention applicable to them.
Officials or convention staff are those of scientific and technical or administrative bodies.

ARTICLE 15: This Act, which repeals any previous provisions to the contrary, will be enforced as a state law and published in the Official Journal upon promulgation.

Done in Djibouti on 18/02/2021

President of the Republic,
Head of Government