GovWire

Introduction

Radioactive sources are subject to controls under the Export of Radioactive Sources (Control) Order 2006. This order is one of the Statutory Instruments from the UKs Export Control Act 2002. The order details what goods are controlled and how the legislation will be applied.

Controlled radioactive sources

The Export of Radioactive Sources (Control) Order 2006 controls the export of certain high-activity radioactive sources as defined under the International Atomic Energy Agency (IAEA) Code of Conduct on the Safety and Security of Radioactive Sources.

It was introduced as part of the UK governments international commitment to minimise the risk of radioactive sources falling into the hands of terrorists or criminal groups who may seek sources for terrorist funds. Other countries have similar controls on the import and export of such high-activity radioactive sources.

The export of specific radioactive sources is controlled depending on their radioactivity level. The order defines items in terms of 2 levels known as Category 1 and Category 2 which are described later in this guidance.

The list of controlled radioactive sources is also provided in the UK National Radioactive Sources List which forms part of the UK Strategic Export Control Lists.

Original and amending orders and explanatory memorandum

You can download the original text of the Radioactive Sources (Control) Order (PDF, 58.26KB).

You can also download the explanatory memorandum on the order (PDF, 75.37KB). The order came into force on 1 October 2006 and was updated by an amending order in 2009 which brought the order into line with the Export Control Order 2008.

You can read the original text of the Export of Radioactive Sources (Control) (Amendment) Order 2009.

Scope of the controls on radioactive sources

The Export of Radioactive Sources (Control) Order 2006 prohibits the export from the UK of specified radioactive sources at defined radioactivity levels, Category 1 and Category 2, without a valid export licence. This categorisation is defined in the IAEA Code.

The schedule to the order sets out radionuclides at the activity levels at or above which they are subject to control. The thresholds are set at the Category 2 minimum and exporters will need to determine:

• whether their radioactive source is above the minimum levels in the schedule
• whether their radioactive source falls under Category 1 or Category 2

The difference between Category 1 and Category 2 is essentially the difference in activity level. Category 1 has a greater radioactivity level than a Category 2 source.

Activities corresponding to thresholds of categories

This table lists the activity levels at which a source becomes either Category 1 or 2. This is based on Annex 1 of the IAEA Code. D denotes the extent to which a source could, if not under control, cause severe harm. The primary values are given in terabecquerel (TBq).

What the order includes

The order makes provision for:

• radioactive sources,for example, physical goods as defined under the IAEA Code
• exports of these sources from the UK to all destinations including the European Union, whether made by individuals or legal entities regardless of their ownership, which are prohibited without an export licence

• transhipment of sources through the UK, except where they meet the conditions set out in Article 4 of the order. This specifies:

  • where the source remains on board a vessel or aircraft for the entire period that it remains in the UK
  • that the source is on a through bill of lading or through airway bill and in any event is exported within 30 days of its importation
  • the export destination has been determined in the country from which it was originally exported - prior to its original exportation in connection with the transaction which has given rise to transit or transhipment - and has not been changed prior to its exportation from the UK
  • the source is being returned to that country and was exported from that country in accordance with any laws or regulations relating to the exportation of goods applying therein at the time of the exportation of that source
• record keeping - depending on the type of licence held, the exporter must keep records and provide information to any person specified in the order
• offences and penalties - offences for export without a licence are contained in the Customs and Excise Management Act 1979, whilst the order makes provision for penalties (this is consistent with the penalties applied in respect to other strategic goods controlled under the Export Control Act 2002)

The order does not control:

• trafficking, brokering or the acquisition, disposal or movement of goods
• export of intangible transfers, such as transfers of technology or technical assistance related to the materials
• export of the equipment in which the sources may be incorporated, but in the case of an illicit export, any goods mixed, packed or found with a radioactive source will be liable to seizure by HMRC
• export of nuclear materials which are covered by the Convention on the Physical Protection of Nuclear Materials
• export of radioactive sources in the IAEA Code already covered by existing legislation, to avoid duplication of controls
• export of sources which individually fall below the threshold, but which if aggregated together in a single consignment exceed the threshold

This is a distinct order and is not an amendment to other orders under the Export Control Act 2002. The existing controls on military and dual-use goods/technology are unaffected.

Apply for an export licence

As with other categories of controlled goods, exporters need to apply for a licence. The type of licence required depends on the destination and the nature of the export.