Base de Datos de Legislación

34. Movement of nuclear material

(1) Any person who knowingly imports or exports nuclear material to or from Kiribati without written permission from the Minister responsible for transport commits an offence and is liable upon conviction to imprisonment for 15 years.

(2) Any person who knowingly, without written permission from the Minister responsible for transport, transports nuclear material—

(a) over the territory of Kiribati; or

(b) through any of its seaports or airports,

commits an offence and is liable upon conviction to imprisonment for 15 years.

(3) Any person who knowingly transports nuclear material between two places in Kiribati, through international waters or airspace, without written permission from the Minister responsible for transport commits an offence and is liable upon conviction to imprisonment for 15 years.

(4) The Minister responsible for transport may only give the written permission referred to in this section if he or she has received a written assurance from the person that the material will, during international nuclear transport, be protected at the levels referred to in the Convention for the Physical Protection of Nuclear Material, done at Vienna and New York on 3 March 1980.

(5) Any person who knowingly makes a false statement or provides a false assurance to the Minister responsible for transport under this section commits an offence and is liable upon conviction to imprisonment for 15 years.

35. Offences relating to nuclear material

Any person who intentionally—

(a) without lawful authority receives, possesses, uses, transfers, alters, disposes of or disperses nuclear material in a way that causes or is likely to cause death or serious injury to a person or substantial damage to property or the environment; or

(b) steals nuclear material; or

(c) embezzles or fraudulently obtains nuclear material; or

(ca) without lawful authority carries, sends or moves nuclear material into or out of a State; or

(cb) unlawfully does an act directed against a nuclear facility, or an act interfering with the operation of a nuclear facility, where the person intentionally causes, or where the person knows that the
act is likely to cause, death or serious injury to any person or substantial damage to property or the environment by exposure to radiation or release of radioactive substances; or

(d) demands nuclear material by threat or use of force or any other form of intimidation; or

(e) threatens-

(i) to use nuclear material-

(A) to cause death or serious injury to any person; or\
(B) to cause substantial damage to property or the environment; or
(C) to commit an offence mentioned in paragraph (cb); or

(ii) to steal nuclear material, or commit an offence mentioned in paragraph (cb), to compel a person, state or an international organisation to do or refrain from doing any act,

commits an offence and is liable upon conviction to imprisonment for life.