Statement by Mr AS Minty, the South African Governor on the IAEA Board of Governors, Vienna

Agenda item 8 (c)
Implementation of the NPT safeguards agreement of the Socialist People's Libyan Arab Jamahiriya: Report by the Director General

Chairperson,

We wish to associate ourselves with the statements made on behalf of the African Group and the NAM on this agenda item.

My delegation wishes to thank the Director General for his report on recent developments regarding the implementation of the NPT safeguards agreement of the Socialist People's Libyan Arab Jamahiriya, as contained in document GOV/2004/59.

Member States will recall that the 2000 NPT Review Conference reconfirmed the IAEA as the competent authority for verifying compliance with safeguards agreements. My delegation has thus repeatedly expressed the view, including at the Third Session of the Preparatory Committee for the 2005 Review Conference of the Parties to the NPT, that States need to ensure that the Agency is able to verify that their nuclear capabilities are used for peaceful purposes only.

In this regard, we have noted with satisfaction that Libya has shown good co-operation with the Agency since the beginning of the verification activities following its declaration in December 2003, which has enabled the Agency to gain an understanding of Libya's previously undeclared nuclear programme.

We wish to commend Libya for providing the Agency with prompt access to locations and taking corrective actions to come into compliance with its Safeguards Agreement. At the same time, South Africa has also noted that some areas related to the acquisition of UF6, uranium conversion technology and enrichment technology require further investigation in order to fully verify the completeness and correctness of Libya's declarations.

The Director General's report has also made it clear that in order for the Agency to complete its verification of Libya's past undeclared nuclear programme, the co-operation of other Member States remains essential. Of particular importance in this regard is the role of the clandestine supply network that supported this programme and the sources of contamination of some enrichment related equipment by low and high enriched uranium particles.

My delegation would like to encourage Libya and all other relevant Member States to continue their active co-operation with the Agency to ensure that these matters are resolved as soon as possible.

Chairperson,

The South African Government shares the international community's concern over the illicit transfer of nuclear and nuclear related dual-use technology and materials that could be used in weapons of mass destruction and encourages the sharing of information that would identify individuals or entities involved in such illicit activities with a view to prevent, combat and eradicate this illicit trade.

In this regard, and in terms of the South Africa's strict policy of disarmament and non-proliferation with regard to weapons of mass destruction and the capabilities to produce these weapons, an investigation has over several months been undertaken with regard to contravention of South Africa's Non-Proliferation of Weapons of Mass Destruction Act, 1993 (Act No. 87 of 1993) and Nuclear Energy Act, 1999 (Act No. 46 of 1999).

These investigations by the South African authorities have been undertaken in co-operation with other countries, as well as with the IAEA. The investigations have also taken place in the context of the so-called Khan network, as well as the information obtained following Libya's announcement of the abandonment of its nuclear weapons programme.

The allegations being investigated relate to the import and export of a controlled flow- forming lathe, as well as the production and possession of certain components associated with a centrifuge enrichment plant without the necessary permits. It is alleged that these activities were intended to assist in Libya's now abandoned nuclear weapons programme.

Acting upon information obtained during the course of the investigation into the activities of some companies and individuals who may have been involved in the alleged contravention of the relevant South African legislation, a number of individuals have been arrested. These individuals were charged with contravening the Non-Proliferation of Weapons of Mass Destruction Act and the Nuclear Energy Act by importing, exporting, possessing and producing certain controlled items without the necessary permits or authorisation.

Several facilities were searched by members of the Office of the National Director of Public Prosecutions, the South African Police Services (SAPS) and inspectors, as well as other technical advisors appointed in terms of the Non-Proliferation of Weapons of Mass Destruction Act.

During the course of these searches, 11 shipping containers were found at one company containing components of a centrifuge uranium enrichment plant, as well as related documentation. I can report that the 11 containers were sealed by the South African Police Services and transported to a secure site at Pelindaba. At South Africa's request, the containers have also been sealed by the IAEA. The Agency, together with the SAPS will maintain control over the equipment.

The investigation has reached a sensitive stage and is still ongoing. Further details regarding the outcome of our continuing investigations will be reported to the Agency and relevant governments in due course.

Chairperson,

As we have stated at previous Board meetings, South Africa strongly supports the tightening of controls over nuclear material, technologies and equipment to prevent nuclear weapons proliferation and illicit trafficking. At the same time, we wish to emphasise the critical importance of effective information-sharing and co-operation among all relevant parties and the central importance of the IAEA. No control regime, no matter how comprehensive and impenetrable, can fully guarantee against abuse. The success of such measures remains highly dependent on the trust, goodwill and level of co-operation between countries. In this regard, my delegation would like to thank the Agency and especially the Director General and the Secretariat and all other governments involved for their continuing co-operation and support. Without their assistance and co-operation, we would not have been able to make such rapid progress.

Chairperson,

I thought that I should share this preliminary information with the Board of Governors before I meet with the media tomorrow.

We wish to thank the Director General and his staff for keeping this Board informed of developments related to the implementation of the NPT Safeguards Agreement of the Socialist People's Libyan Arab Jamahiriya. It is our view that this item should be removed from the agenda of the next Board of Governors Meeting and be dealt with in a normal manner in accordance with Libya's Safeguards Agreement and Additional Protocol.

I thank you.

Issued by Department of Foreign Affairs
Private Bag X152
Pretoria
0001
15 September 2004



 

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