Draft Uranium Enrichment Technology (Prohibition
on Disclosure) Regulations 2004: further memorandum from the Department
of Trade and Industry
1. This memorandum gives further information on the
second point raised in the letter of 29 June 2004 from the Commons
Clerk of the Committee—
Regulation 2(1) and (4) prohibit disclosure of
information about certain specified matters where the information
"would assist or enable" a specified activity such as
testing enrichment equipment. Please state whether, and if so
why, it is considered that the information necessarily "is,
or is likely to be, used in connection with the enrichment of
uranium", as contemplated by section 80(1)(b) of the 2001
Act.
2. In its memorandum of 30 June 2004 the Department
answered by saying that it "considers that all the information
covered by regulation 2(1) and (4) is information about the enrichment
of uranium" and therefore within section 80(1)(a) of the
Anti-terrorism, Crime and Security Act 2001, "and that the
limitation to information which "would assist or enable"
is a further limitation on those classes". It may assist
the Committee if the Department explains further why it holds
this view.
3. Paragraph (4) of regulation 2 covers equipment
or software to which paragraph (3) applies. Paragraph (3)(a) applies
to enrichment equipment. "Enrichment equipment" is defined
in regulation 1(2) to mean—
"equipment which is—
(a) specifically designed or adapted for use
in connection with the enrichment of uranium, or
(b) not so designed or adapted but likely to
be of exceptional use in that connection;".
4. "Equipment" is defined to include a
component, and buildings. Uranium enrichment in the United Kingdom
is currently carried out in a centrifuge. This involves a specially
constructed building and the centrifuge is part of the structure
of the building.
5. To give a helpful explanation to the Committee
without simply paraphrasing the draft Regulations it is necessary
to simplify the references to "equipment" somewhat.
If one characterises "enrichment equipment" as a building
or other equipment (or component of a building or other equipment)
which is used to enrich uranium or is likely to be of exceptional
use in that connection, it is a straightforward proposition that
information about that equipment is information about "the
enrichment of uranium".
6. Paragraph (4)(a) read with paragraph (3) covers
information about—
(a) buildings or other equipment to be used to
manufacture enrichment equipment;
(b) buildings or other equipment to be used to
adapt enrichment equipment;
(c) buildings or other equipment to be used to
test that enrichment equipment works properly;
(d) software specifically designed or adapted
to be used in connection with enrichment equipment or equipment
used to manufacture, adapt or test enrichment equipment; and
(e) the carrying out of construction, testing
or evaluation of enrichment equipment or of equipment used to
manufacture, adapt or test enrichment equipment.
7. In each case, for the information about it to
be caught, the building or other equipment must have been specifically
designed or adapted for the use in question. The Department considers
that, with the limitation in the fullout to paragraph (4), all
this information is information about the enrichment of uranium.
The purpose of the limitation is to exclude any immaterial information,
such as the colour of paintwork or the kitchen facilities in a
building, which would not be of assistance in the enrichment of
uranium. The fullout limits the information covered by regulation
4 to information which "would assist or enable a specified
activity to be undertaken". "Specified activity"
is defined in regulation 1(2) as—
"any of the following activities—
(a) treating uranium to increase the proportion
of the isotope 235 contained in the uranium;
(b) manufacturing enrichment equipment;
(c) adapting equipment which, following its adaptation,
remains or becomes enrichment equipment;
(d) testing or evaluating the proper working
of enrichment equipment.".
8. Paragraph (4)(b) was included because information
about equipment or software which is no longer in existence could
still be useful to a potential nuclear proliferator.
9. Paragraph (4)(c) covers information about the
design of equipment which is yet to be built but that when built
will be enrichment equipment or equipment used to manufacture,
adapt or test enrichment equipment. Similarly, it covers designs
for software yet to be produced but which when produced will be
used in connection with such equipment.
10. Paragraph (4)(d) covers information about how
to use enrichment equipment and equipment used to manufacture,
adapt or test enrichment equipment, including equipment no longer
in existence or not yet built. Similarly, it covers information
about methods of use of software used or to be used in connection
with any such equipment.
11. Again, the limitation to information which would
assist or enable a specified activity to be undertaken means that
trivial information which would not be of any use to anyone wishing
to engage in uranium enrichment will not be caught.
12. The Department hopes that this memorandum will
be of use to the Committee when it considers the draft Regulations.
5 July 2004
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