Section 43Sec./Art. 43

Coordination with Other Government Authorities. - The PhilATOM shall coordinate with the Department of Trade and Industry-Strategic Trade Management Office (DTI-STMO) and the Bureau of Customs (BOC) and border authorities of the Philippines in accordance with the Customs Modernization and Tariff Act, for the review and approval of export authorizations of nuclear materials.

A coordination mechanism between the PhilATOM and the DTI-STMO on export and import controls shall be established: Provided, That the requirements for the import, export, and transit of controlled items to, from, and within the territory of the Philippines shall ensure:

(a) Provision for periodic revision hsts of controlled items;

(b) End-user controls;

(c) Requirements for notification prior to shipment of exports where such notification has been determined to be necessary; and

(d) Requirements for record keeping:

Provided, further. That the criteria for the granting of an authorization or license to export nuclear related items or nuclear related dual-use items identified by the PhilATOM as being subject to control shall ensure that:

(a) The receiving State has in force an agreement with the IAEA requiring the apphcation of safeguards and is in good standing under such agreement;

(b) The receiving State has made a binding commitment to use the transferred items for peaceful purposes only and that IAEA safeguards will be applied to the transferred items;

(c) The retransfer of exported controlled items to a third State, or any reprocessing or enrichment of supplied nuclear material or involving the use of exported controlled items, is subject to a right of prior approval by the Philippines;

(d) The levels of physical protection that will apply to the exported material will be consistent with those set forth in the Convention on the Physical Protection of Nuclear Material as amended by the Amendment to the Convention on the Physical Protection of Nuclear Material;

(e) The applicant has provided information on the end use and end user of the controlled items that confirms the legitimate peaceful and secure use of such items;

(f) For spent nuclear fuel or radioactive waste:

(1) The receiving State has received prior notification of, and has consented to, the transfer; and

(2) Export shall not be authorized to a destination south of latitude sixty (60) degrees south (Antarctica) for storage or disposal;

(g) If applicable, all relevant States have given consent to the transit of the items and material through their territory; and

(h) The consignee, consignor, consignment, and carrier of the items and material have been appropriately licensed: Provided, finally. That the criteria for the granting of an authorization to import controlled items by the PhilATOM shall ensure that:

(a) The importation of the items is not otherwise prohibited by law of the Republic of the Philippines;

(b) The exporting State shall require the application of appropriate levels of physical protection to the international transport;

(c) If applicable, all relevant States have given consent to the transfer of the items and material through their territory;

(d) The consignee, consignor, consignment, and carrier of the items and material have been appropriately licensed; and

(e) The end user of the imported nuclear items and material has the demonstrated technical and administrative capability and resources to use the imported nuclear items in a safe and secure manner.

ARTICLE IX

RADIOACTIVE WASTE AND SPENT FUEL