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Russia's New National Security Concept: The Nuclear Angle

Nikolai Sokov
Center for Nonproliferation Studies at the Monterey Institute of International Studies

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Russian Federation Government Statute: "On the Russian Federation Ministry of Atomic Energy." Followed by Russian Federation Government Decree: "On Ratification of the Statute on the Russian Federation Ministry of Atomic Energy," signed by Chairman of Government of the Russian Federation V. Chernomyrdin on 5 April 1997 in Moscow, No. 392

Text of Statute

1. The Russian Federation Ministry of Atomic Energy (Minatom of Russia) is a federal agency of executive power that implements state policy in the sphere of development, production, and utilization of nuclear systems and weapons and atomic power production; performs state management of the application of atomic energy and, likewise, in cases specified by the federal laws, edicts of the President of the Russian Federation, and decrees of the Government of the Russian Federation, implements coordination of activity in this sphere with other federal agencies of executive power. The Russian Federation Ministry of Atomic Energy performs its activity in cooperation with other federal agencies of executive power, agencies of executive power of subjects of the Russian Federation, organs of local self- government, and public associations.

2. The Russian Federation Ministry of Atomic Energy, within the limits of its competency, bears responsibility for the status and continued development of the nuclear weapons and energy complexes of the Russian Federation and the enterprises and organizations ensuring their activity (henceforth referred to as the nuclear complex).

3. In its activity, the Russian Federation Ministry of Atomic Energy is guided by the Constitution of the Russian Federation, the federal laws, edicts and directives of the President of the Russian Federation, decrees and directives of the Government of the Russian Federation, as well as by the present Statute.

4. The Russian Federation Ministry of Atomic Energy generalizes the practice of application of Russian Federation legislation on questions entering into its competency, develops proposals on development [of such legislation] and submits them in accordance with the established procedure to the Government of the Russian Federation, and participates in preparation of draft federal laws and other normative legal statutes in the sphere of application of atomic energy.

5. The primary tasks of the Russian Federation Ministry of Atomic Energy consist of the following:

a) Provision of nuclear, radiation, and fire safety of enterprises and organizations in the nuclear complex;

b) Formulation and realization of state policy in the nuclear complex in conjunction with the Russian Federation Security Council and the federal agencies of executive power, and also in the field of international scientific- technical and economic cooperation in this sphere;

c) Provision for mobilization preparation of enterprises and organizations of the nuclear complex, within the limits of its competency;

d) Provision for coordination of fundamental and applied research and development in the sphere of high- energy physics, nuclear physics, controlled thermonuclear synthesis and radiochemistry conducted at enterprises and organizations of the nuclear complex;

e) Implementation of state scientific-technical, investment, structural, and conversion policy in the sphere of application of atomic energy;

f) Administration of activity of enterprises and organizations of the nuclear complex, within the limits of its competency;

g) Provision for effective application of the scientific- technical and production potential of enterprises and organizations of the nuclear complex, rational division of labor, and development of cooperation;

h) Performance of organizational-technical and environmental protection measures directed at ensuring ecological security (including in utilization of radioactive waste) in the areas of location of enterprises and organizations of the nuclear complex;

i) Within the scope of its powers and authorities and in cooperation with the Russian Federation Ministry of Foreign Affairs, provision for fulfillment of international obligations of the Russian Federation on the Treaty on Non- Proliferation of Nuclear Weapons, agreements with the International Atomic Energy Agency (IAEA), and other international agreements of the Russian Federation in the sphere of application of atomic energy;

j) Implementation of coordinated scientific-technical policy on the basis of international agreements of the Russian Federation with the CIS participant states in the sphere of atomic energy application;

k) Working in conjunction with the Russian Federation Ministry of Foreign Affairs, the Russian Federation Ministry of Foreign Economic Relations and Trade and other federal agencies of executive power, implementation of state policy in the sphere of export-import operations with nuclear materials, technologies, equipment, installations, special nonnuclear materials and radioactive substances;

l) Joint participation with other federal agencies of executive power in the issuance of licenses in accordance with established procedure to enterprises and organizations in the nuclear complex for performance of activity associated with the application of nuclear materials and radioactive substances;

m) Implementation of state policy in the sphere of social protection of workers of the nuclear complex;

n) Implementation of accounting and control of nuclear materials and radioactive substances at enterprises and organizations of the nuclear complex;

o) Provision of physical protection of nuclear materials and nuclear installations, radiation sources, radioactive substances, centers for storage of nuclear materials and radioactive substances (henceforth referred to as storage centers) at enterprises and organizations of the nuclear complex;

p) Development of federal and sectorial standards and regulations in the sphere of application of atomic energy;

q) Organization of work directed at ensuring appropriate quality of equipment, materials, and instruments for purposes of safe operation of the nuclear complex;

r) Participation in development and realization of federal target programs in the sphere of application of atomic energy, including conversion applications, as well as other target programs in the sphere of atomic science and technology, including programs on management of spent nuclear fuel and radioactive waste.

6. The Russian Federation Ministry of Atomic Energy, in accordance with the tasks assigned to it, performs the following basic functions:

a) In the sphere of the nuclear complex of the Russian Federation:

--In conjunction with the Russian Federation Ministry of Defense and other federal agencies of executive power, implements state policy in the sphere of development, testing, production, and utilization of nuclear weapons, provision of their safety, fulfillment of conversion programs of enterprises of the Russian Federation Ministry of Atomic Energy; performs guarantee supervision over the safe operation of nuclear weapons;

--Within the limits of its competency, manages the development of nuclear systems and weapons; organizes their production, testing, modernization, utilization of weapons nuclear materials; ensures mobilization readiness of enterprises and organizations of the nuclear complex in accordance with the Russian Federation legislation;

--Participates in work on disarmament and nonproliferation of nuclear weapons;

--Acts as the state contractor for work on development, testing, production, development, and utilization of nuclear systems and weapons within the scope of fulfillment of the state defense contract;

--In conjunction with other federal agencies of executive power, develops long-range predictions and drafts of state programs for application of atomic energy;

b) In the sphere of nuclear and radiation safety and labor protection:

--Organizes and coordinates work on ensuring safety;

--Submits proposals on formulation and implementation of state policy in the sphere of management of radioactive waste, develops appropriate sectorial and federal target programs, and organizes work on their realization;

--In conjunction with other federal agencies of executive power, organizes development of federal and sectorial standards and regulations in the sphere of application of atomic energy;

--Coordinates activity of enterprises and organizations of the nuclear complex under conditions of emergency and accident situations;

--Organizes and ensures supervision and control over the radiation situation at potentially dangerous facilities of the nuclear complex and their adjoining territories;

--Organizes preparation and implementation of measures on preventing and eliminating consequences of accidents and catastrophes at enterprises and organizations of the nuclear complex, and implements appropriate state control over their fulfillment;

--Organizes coordination of work on location of objects of the nuclear complex with consideration for industrial and ecological safety;

--Ensures participation of departmental emergency- rescue formations, which are included in the unified state system of prevention and elimination of extraordinary situations, in performance of emergency rescue and other urgent work during extraordinary situations at enterprises and organizations of the nuclear complex;

--Manages development and operation of appropriate sectorial subsystems entering into the unified state system of prevention and elimination of extraordinary situations;

--Implements control over fulfillment of civil defense measures, as well as measures for ensuring fire safety at enterprises and organizations of the nuclear complex, and over their readiness for action in extraordinary situations in peacetime and wartime;

--Organizes and ensures fulfillment of work on formulation of public opinion on questions of reliability, technical and ecological safety of objects of atomic energetics and industry;

--Provides the necessary information on the activity of enterprises and organizations of the nuclear complex to the Government of the Russian Federation, the agencies of state security regulation in application of atomic energy, other supervisory agencies, public associations, the mass media, and the public;

--Fulfills functions of a competent state body on nuclear and radiation safety in the shipment of nuclear materials, radioactive substances, and products made of them;

--Implements methodical management of the nuclear and radiation safety services of enterprises and organizations of the nuclear complex, and organizes training and advanced training of the workers of these services;

--Implements technical policy directed at ensuring safe labor conditions at enterprises and organizations of the nuclear complex; implements appropriate control and organizes scientific research on these problems;

--Organizes and ensures readiness of forces and means of special emergency services for actions in case of extraordinary situations at enterprises and organizations of the nuclear complex;

--Makes provision, in accordance with the established procedure, for security at enterprises and organizations of the nuclear complex in case of inability of these enterprises and organizations to perform functions of the operating organization in regard to provision of security;

c) In the sphere of ensuring stable operation of the nuclear complex:

--Adopts the decision on recognizing subordinate enterprises or organizations suitable for operating a nuclear installation, radiation source, or storage center and performing, through its own efforts or with involvement of other organizations, activity on location, design, construction, operation, and removal from operation of a nuclear installation, radiation source or storage center, and, likewise, activity on handling of nuclear materials and radioactive substances;

--Coordinates activity of enterprises and organizations of the nuclear complex for the purpose of implementing coordinated scientific-technical, financial, investment, and foreign economic policy;

--Formulates sectorial centralized means and funds in accordance with established procedure;

--Implements scientific-technical policy, including questions of conversion; defines priority directions of scientific-technical progress in the sphere of the nuclear complex;

--Develops intersectorial scientific-technical programs; ensures development of federal target programs in the sphere of atomic science and technology;

--Coordinates realization of scientific-technical and innovative projects on priority directions of development of the nuclear complex at the federal, intersectorial, and sectorial levels;

--At the expense of centralized funds, performs financing of scientific-research and experimental design work undertaken for purposes of developing technology, increasing safety and stability of the operation of especially radiation-hazardous and nuclear- hazardous productions and facilities, work on conversion of defense production, and, likewise, measures for improving the radiation and ecological situation on territories adjoining especially radiation- hazardous and nuclear-hazardous objects, and on ensuring medical- social protection of citizens living on the indicated territories;

--Analyzes and appraises domestic and foreign market conditions on types of products manufactured by enterprises and organizations of the nuclear complex;

--Implements regulation of cooperative ties;

--Within the limits of its competency, develops the economic mechanism and organizational structure for managing the nuclear complex;

--Working in conjunction with the agencies of executive power of subjects of the Russian Federation, develops sectorial programs for development of priority directions in the sphere of conversion, development of the social infrastructure, manpower provision, and cadre training;

--Participates in formulation of state policy in the sphere of legal and social protection of workers of the nuclear complex under conditions of the market economy and conversion and implements measures for its realization within the limits of its competency;

--Participates in development, conclusion, and fulfillment of sectorial (tariff) agreements;

--In accordance with established procedure and within the limits of its competency, participates in work on standardization, metrology, certification, and improvement of quality; organizes and coordinates activity of enterprises and organizations of the nuclear complex in these areas, including organization and implementation of work on certification of equipment, goods, and technologies for nuclear installations, radiation sources, and storage centers; implements state control over adherence to requirements of state standards, regulations of metrology, and certification in the sphere of application of atomic energy;

--Coordinates interaction of military formations of the Russian Federation Ministry of Atomic Energy with enterprises and organizations of the nuclear complex;

d) In the sphere of fulfillment of international obligations and guarantees of the Russian Federation on nuclear weapons, atomic energetics, and nuclear technologies:

--Participates in international cooperation in the sphere of application of atomic energy;

--Within the limits of its competency, ensures adherence to international obligations of the Russian Federation in the sphere of nonproliferation of nuclear weapons, nuclear export and import, prohibition of nuclear testing, and, likewise, creation of a system of technical means of effective control in the sphere of nuclear disarmament and nonproliferation of nuclear weapons;

--Within the limits of its competency, ensures fulfillment of obligations stemming from the Convention on Physical Protection of Nuclear Materials, the Convention on Effective Notification Regarding Nuclear Accidents, the Convention on Aid in Case of Nuclear Accident or Radiation Emergency Situation, and the Agreement with the IAEA on guarantees, and also performs functions of the national competent agency on obligations within the IAEA and other international organizations in regard to their activity on the nuclear thematics;

e) In the sphere of state administration of activity of enterprises and organizations of the nuclear complex:

--Ensures development of predictions and programs for socioeconomic development of the nuclear complex;

--Ensures formulation and placement of contracts at enterprises, organizations and institutions for purchase and delivery of products (work and services) for federal state needs; ensures financing of these contracts and control over their fulfillment;

--Working in conjunction with other federal agencies of executive power, organizes transport shipments of nuclear materials, nuclear fuel, and radioactive substances on the territory of the Russian Federation, and ensures their physical protection, nuclear and radiation safety;

--Analyzes the technical and economic level of project decisions and implements control over adherence to normative terms of construction of objects of the nuclear complex subject to financing at the expense of federal budget funds;

--Submits to the Government of the Russian Federation proposals on development of tax and credit-monetary policy and, likewise, on provision of state support to enterprises and organizations of the nuclear complex with consideration of the specifics of their operation;

--Implements realization of state policy in the sphere of labor and wages;

--With involvement of other federal agencies of executive power, submits proposals to the Government of the Russian Federation on stimulating increased labor productivity, labor wages, regulation of labor relations, and other questions of activity of the nuclear complex, in accordance with the legislation of the Russian Federation;

--Performs bookkeeping accounting and compiles the necessary summary bookkeeping and statistical reporting;

--Organizes and coordinates work on fire protection, physical protection of nuclear materials, nuclear installations, radiation sources, radioactive substances, and storage centers; performs accounting and control of nuclear materials and radioactive substances at enterprises and organizations of the nuclear complex, as well as comprehensive protection of state and commercial secrets and intellectual property;

--Organizes work on training and retraining highly skilled cadres;

--In accordance with the established procedure, ratifies charters of subordinate state unitarian enterprises; concludes, amends, and dissolves contracts with managers of these enterprises; appoints the managers of organizations (state unitarian enterprise) responsible for development of the project design for the nuclear installation or storage center;

--Within the limits of its competency, adopts measures on protection and application of the rights to know-how, objects of industrial ownership (inventions, industrial prototypes, trademarks, and other objects) in the interests of the state, and the right to perform work contracted by the ministry;

--In accordance with the established procedure, organizes the performance of expert appraisals of secret and top secret objects of industrial property in the sphere of application of atomic energy and issues secret documents in accordance with the effective legislation;

--Analyzes the process of development of the nuclear complex on the basis of statistical and other data;

--Coordinates activity of officials who have been appointed to represent the state, in accordance with the established procedure, in joint-stock companies created in the process of privatization of enterprises of the nuclear complex, with shares secured to federal ownership;

--In accordance with the established procedure, implements control over the proper application and safekeeping of property of enterprises and organizations of the nuclear complex that is related to federal ownership and, in case of violation of established regulations, takes necessary measures in accordance with the Russian Federation legislation;

--Participates in implementing accounting of objects of federal ownership, including immovable property at enterprises and organizations of the nuclear complex;

--Working in conjunction with the federal agencies of executive power and the agencies of executive power of subjects of the Russian Federation, prepares proposals on the creation and liquidation of state unitarian enterprises in the nuclear complex;

--Provides for presentation of materials on evaluation of radiation effect of a nuclear installation, radiation source, or storage center on the environment for state ecological expert appraisal;

--Coordinates applications for issuance of licenses for export and import of nuclear materials, equipment, special nonnuclear materials, and corresponding technologies;

--Working in conjunction with other federal agencies of executive power, resolves questions of issuance of certifications to countries that are suppliers of nuclear materials, equipment, special nonnuclear materials and corresponding technologies in regard to their peacetime application and on measures of their physical protection, and, likewise, questions of reexport, and arrangements under guarantee of IAEA;

---In accordance with the international obligations of the Russian Federation, provides information on export and import of nuclear materials, special nonnuclear materials, equipment and corresponding technologies;

--Participates in accordance with established procedure in the issuance of licenses for engaging in various types of activity in the sphere of application of atomic energy;

7. For the purpose of implementing its tasks and functions, the Russian Federation Ministry of Atomic Energy has the right to:

--Create commissions, work groups, and other temporary collectives in extraordinary situations, involving specialists of enterprises and organizations of the nuclear complex and other organizations in their work;

--In accordance with the established procedure and within the limits of its competency, receive from agencies of state statistics, enterprises, and organizations of the nuclear complex, regardless of their form of ownership, information necessary for fulfillment of the tasks placed upon the ministry;

--In accordance with the established procedure, nominate outstanding workers of enterprises and organizations of the nuclear complex for presentation of state awards of the Russian Federation, and employ other means of incentive.

8. The Russian Federation Ministry of Atomic Energy is headed by the minister, who is appointed and dismissed by the President of the Russian Federation upon nomination of the Chairman of Government of the Russian Federation.

The minister has deputies, who are appointed to their duties and dismissed from them at his nomination by the Government of the Russian Federation.

The Russian Federation Minister of Atomic Energy:

--Manages the activity of the ministry on the principle of singular authority;

--Bears personal responsibility for fulfillment of the tasks and implementation of functions charged to the ministry;

--Distributes responsibilities between the deputy ministers; establishes responsibility of managers of structural subsections of the ministry;

--Ratifies the structure and staff roster of the central apparatus of the ministry within the limits of the staff numbers established by the Government of the Russian Federation and the labor wage fund, the estimate of expenditures within the limits of the funds allocated from the federal budget for maintenance of federal agencies of the executive branch, and, likewise, the statute on structural subdivisions of the ministry;

--Appoints and dismisses workers of the ministry's central apparatus in accordance with the established procedure;

--Within the limits of his competency, issues orders, directives, and instructions that are mandatory for fulfillment by the ministry workers, as well as by the enterprises and organizations of the nuclear complex, and organizes control over their fulfillment;

--Exercises leadership of the ministry's military formations.

9. A governing board is formed within the Russian Federation Ministry of Atomic Energy, consisting of the minister (chairman of the board), his deputies by duties, as well as other management workers of the ministry central apparatus and other persons.

The members of the board, except for the persons entering into its complement by virtue of their official duties, are ratified by the Government of the Russian Federation upon nomination of the Russian Federation Minister of Atomic Energy.

At its meetings, the board reviews vital questions of development and activity of the nuclear complex. The decisions of the governing board are formulated by protocols and implemented by orders of the minister. If necessary, representatives of agencies of executive power of subjects of the Russian Federation, joint-stock companies, enterprises, and organizations, and scientists and specialists who have direct relation to the questions being discussed may participate in the board meetings.

10. For purposes of development and realization of state scientific- technical policy in the sphere of application of atomic energy and introduction of the latest achievements of domestic and foreign science, technology, and leading experience, scientific- technical councils are created within the Russian Federation Ministry of Atomic Energy. Organizational-technical provision of the activity of these councils is performed by the central apparatus of the Russian Federation Ministry of Atomic Energy. The statute on the councils and, likewise, their complement, are ratified by the Russian Federation Minister of Atomic Energy.

11. Financing of expenditures for maintenance of the central apparatus of the Russian Federation Ministry of Atomic Energy is performed at the expense of federal budget funds allocated for maintenance of the federal agencies of executive power.

12. The Russian Federation Ministry of Atomic Energy has current and other accounts at banking institutions.

13. The Russian Federation Ministry of Atomic Energy is a legal entity and has a stamp that bears the depiction of the State Seal of the Russian Federation and its name.

Text of Decree Ratifying Statute

The Government of the Russian Federation hereby decrees that:

1. The appended Statute on the Russian Federation Ministry of Atomic Energy shall be ratified.

2. The following shall be recognized as no longer effective:

--The decree of the Council of Ministers-Government of the Russian Federation, dated 24 January 1993, No. 81, "On Ratification of the Statute on the Russian Federation Ministry of Atomic Energy;"

--The decree of the Council of Ministers-Government of the Russian Federation, dated 13 December 1993, No. 1258, "On Introducing Amendments Into the Statute on the Russian Federation Ministry of Atomic Energy;"

--Point 7 of the changes and amendments submitted to the decision of the Government of the Russian Federation, ratified by decree of the Government of the Russian Federation, dated 25 May 1994, No. 540, "On Recognizing the Changes and Amendments to Certain Decisions of the Government of the Russian Federation on Questions of Metrology, Standardization, and Certification as No Longer Effective," (Collected Legislation of the Russian Federation, 1994, No. 7, p 763);

--Decree of the Government of the Russian Federation, dated 19 June 1994, No 734, "On Introducing Changes and Amendments to the Statute on the Russian Federation Ministry of Atomic Energy."

[Signed] Chairman of Government of the Russian Federation V. Chernomyrdin
5 April 1997
No. 392, Moscow