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Regulation of Physical Protection. - The PhilATOM shall establish requirements for the categorization of nuclear material and the physical protection, including cyhersecurity, of nuclear material, in the use, storage, and transport and of nuclear facilities based on a graded approach to:
(a) Protect against theft and other unlawful taking of nuclear material or other radioactive material;
(b) Implement rapid and comprehensive measures to locate and recover missing or stolen nuclear material or other radioactive material;
(c) Protect nuclear or other radioactive material and associated facilities against sabotage;
(d) Mitigate or minimize the radiological consequences of sabotage; and
(e) Protect against and minimize the threat of cyber attack.
The requirements established by the PhilATOM shall include:
(1) Authorization requirements and procedures that include conditions for physical protection, including computer security;
(2) Inspection and monitoring measures to verify compliance with applicable physical protection requirements; and
(3) Enforcement measures in case of non-compliance with this Act, applicable regulations, or terms and conditions of authorizations.
During international transport of nuclear material or other radioactive material, including within the territory of the Philippines, and on board a ship or aircraft under its jurisdiction and engaged in transport to or from the Philippines, physical protection measures shall be applied to different categories of nuclear material in accordance with the relevant international instruments to which the Philippines is a party.
The export, import, or transit of nuclear material or other radioactive material from, to, or within the Philippines shall not be authorized unless the Philippines has received assurances that such material shall be protected during transport in accordance with the relevant international instruments to which the Philippines is a party.
The PhilATOM shall coordinate with other relevant Government security authorities in connection with the requirements for the physical protection of any nuclear material or other radioactive material, including a regular conduct of a national threat assessment to evaluate the vulnerabilities of the countrys nuclear security, adoption of a nuclear detection architecture, adoption of a human development program in nuclear security, periodic reviews of national legislation on nuclear security and recommend amendments as necessary, review and recommend adherence to international legal instruments for nuclear security, and design a program for promotion of a nuclear security culture among relevant competent authorities and authorized parties.
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