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Ministry of Justice

Republic of Tajikistan

 On January 4, 2019 No. 24

ORDER OF THE GOVERNMENT OF THE REPUBLIC OF TAJIKISTAN

of December 29, 2018 No. 616

About the Technology scheme of interaction in case of illicit trafficking in nuclear and radioactive materials

According to article 21 of the constitutional Law of the Republic of Tajikistan "About the Government of the Republic of Tajikistan" the Government of the Republic of Tajikistan decides:

1. Approve the Technology scheme of interaction in case of illicit trafficking in nuclear and radioactive materials it (is applied).

2. To the relevant ministries and departments to take necessary measures for accomplishment of this scheme.

Prime Minister of the Republic of Tajikistan

Emomalii Rahmon

Approved by the Order of the Government of the Republic of Tajikistan of December 29, 2018 No. 616

The technology scheme of interaction in case of illicit trafficking in nuclear and radioactive materials

1. General provisions

1. The technology scheme of interaction in case of illicit trafficking in nuclear and radioactive materials (further - this Scheme) is directed to coordination of action of authorized bodies and organizations of donors during assessment, control, the analysis and investigation of the incidents connected with illicit trafficking in nuclear and radioactive materials.

2. In this Scheme the following basic concepts are used:

- illicit trafficking - any intended unauthorized movement or trade in radioactive or nuclear material, in particular, in the presence of the probable or proved criminal intention;

- reaction - the coordinated actions of authorized bodies and organizations of donors directed to assessment, control, the analysis and investigation of the incidents connected with illicit trafficking in nuclear and radioactive materials and also involvement of guilty persons to responsibility.

3. This Scheme is applied in the cases connected with illicit trafficking in nuclear and radioactive materials including:

- adverse possession, use, or transfer of nuclear and radioactive materials to other person, in particular, in the presence of the probable or proved criminal intention;

- realization, acquisitions, or attempt of realization or acquisition of nuclear and radioactive materials without formal permission;

- realization, acquisitions, or attempt of realization or acquisition of counterfeit material under the guise of nuclear and radioactive materials;

- this or fictional threat, connected with nuclear and radioactive materials.

4. Provisions of this Scheme are not applied in cases, connected with detection of ownerless nuclear and radioactive materials, and also with nuclear and radiation accidents.

5. For consideration of the questions connected with illicit trafficking in nuclear and radioactive materials the Government of the Republic of Tajikistan and the following ministries and departments are attracted:

- Prosecutor General's Office of the Republic of Tajikistan;

- Ministry of Internal Affairs of the Republic of Tajikistan;

- Ministry of Defence of the Republic of Tajikistan;

- Ministry of Foreign Affairs of the Republic of Tajikistan;

- State committee of homeland security of the Republic of Tajikistan, including border troops of the State committee of homeland security of the Republic of Tajikistan;

- Committee on emergency situations and civil defense under the Government of the Republic of Tajikistan;

- Customs Service under the Government of the Republic of Tajikistan;

- The agency on nuclear and radiation safety of Academy of Sciences of the Republic of Tajikistan, including laboratory of technical services of the Agency in nuclear and radiation safety of Academy of Sciences of the Republic of Tajikistan;

- public institution "Storage of radioactive waste" of executive body of the government of the city of Dushanbe.

2. Planning of the incidents connected with illicit trafficking in nuclear and radioactive materials

6. Illicit trafficking in nuclear and radioactive materials means not only physical movement of nuclear and radioactive materials through border of the state. Turnover can be performed on border, in the territory of the country, or through borders of several states with use of real and counterfeit nuclear and radioactive materials.

7. Information on illicit trafficking in nuclear and radioactive materials can arrive from different sources, including the equipment for identification of sources of radiation, and also regular means used by law enforcement agencies and information agencies.

8. The incidents connected with illicit trafficking in nuclear and radioactive materials require collateral actions of all relevant ministries and departments, including law enforcement agencies, investigating bodies, the scientific and technical organizations, bodies of health care, fire and rescue services, laboratories of judicial and nuclear criminalistics, and also the bodies which are responsible for criminal prosecution.

9. Incident which can be connected with illicit trafficking in nuclear and radioactive materials shall be considered as criminal offense until competent authorities do not come to other decision.

10. On initial stages of emergence of threat of illicit trafficking in nuclear and radioactive materials there can be no place or external effects of incident and therefore there is no need to take joint efforts of quick response.

11. Paramount tasks during response to the incident connected with illicit trafficking in nuclear and radioactive materials include:

- identification of communities of persons who are engaged in illicit trafficking in real or expected nuclear and radioactive materials;

- determination of what is represented and where there are nuclear and radioactive materials, and also all associates, engaged in illicit trafficking in nuclear and radioactive materials even if for this purpose it is required to refrain temporarily from arrest of ordinary suspects later to arrest heads of criminal society;

- confiscation of nuclear and radioactive materials from illicit trafficking, and also determination of the location and return of any additional materials;

- determination of need, time and nature of promulgation of data on incident;

- carrying out the detailed analysis of material and the related objects for establishment of origin of material and the related organizations or individuals;

- criminal prosecution of the nuclear and radioactive materials suspected of the organization of illicit trafficking;

- identification and elimination of weak points in national system of physical nuclear safety;

- the immediate message to the organizations which in the activities use nuclear and radioactive materials, for the purpose of strengthening of level of physical safety of the material.

3. Functions and powers

12. The government of the Republic of Tajikistan has the following powers in the relation the incidents connected with illicit trafficking in nuclear and radioactive materials:

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