Explosives Precursors Outreach Program

CIE13 Oviedo, April 2013

OVERVIEW Restricted Components Regulations Inspection-Compliance-Enforcement Observations-Concerns Explosives regulations, 2013 Outreach Program

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BACKGROUND

The Explosives Safety and Security Branch (ESSB) of Natural Resources Canada administers the Explosives Act and Regulations

The Act and Regulations control the importation, manufacture, storage and sale of commercial explosives, fireworks and pyrotechnics

Following 9/11 explosives legislation and programs were re-evaluated from a security perspective

One of the outcomes of this was the development of the Restricted Components Regulations

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BACKGROUND (Cont’d)

Restricted Components (explosives precursors) are materials used to produce explosives, but which are not themselves classified or regulated as explosives

They are often used to manufacture home-made explosives for criminal or terrorist purposes

The objective of the Regulations is to secure these materials• by increasing physical security• by placing controls on consumer sales

• The aim is to prevent criminal or terrorist acquisition, while not unnecessarily impeding bona fide sales

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BACKGROUND (Cont’d)

The regulations require controls on sales of 9 common explosives precursors such as ammonium nitrate (AN)

Follow guidelines proposed by US National Research Council study following Oklahoma City bombing

The study identified many chemicals used to produce illegal explosives, and proposed a short list of key precursors for control

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BACKGROUND (Cont’d) Short List Criteria1. The chemical should be an essential component

in an explosive system…with a potential for significant use as measured in deaths, injuries and property damage

2. The chemical should be reasonably adaptable and available…for making large bombs

3. The chemical should be a critical precursor, i.e., one not easily replaced

RESTRICTED COMPONENTS REGULATIONS• Regulates Sellers of Restricted Components• 9 Restricted Components

Ammonium Nitrate (solid & ≥28% nitrogen content - NPK ≥ 80% AN)

Nitromethane Sodium nitrate Potassium nitrate Sodium chlorate Potassium chlorate Potassium perchlorate Hydrogen peroxide (30%+) Nitric acid (68%+)

SUMMARY OF REGULATIONS

• Performance-based written All sellers must enroll with ERD

• Valid for 5 years• Amend for changes

All sellers need to abide with the five criteria for control• Secure chemical & Investigate/Report

tampering & theft• Control access to Chemical & Records• Track inventory & Investigate/Report

tampering & theft• Know your customer• Keep records of sale

Adobe Acrobat Document

RESTRICTED COMPONENTS REGULATIONS (Cont’d)

• Provisions of secure storage• Maintenance of a list of employees who have access to

Restricted Components• Reconciliation of incoming and outgoing quantities • Weekly inspection of stock for theft• Examination of purchaser identification prior to sale• Denial of sale for suspicious purposes• Maintenance & securing of detailed sales records• Maintenance of all records-documents for min 2 years• Reporting of suspicious activities: theft, tampering or

from sales

A FEW STATISTICS

Proportion (%) of Sellers by Chemical

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38

25

8

6

33 3 2

AN

H2O2

PN

HNO3

Sodium Nitrate

Sodium Chlorate

Potassium Chlorate

PotassiumPerchlorate

Nitromethane

A seller may sell more than 1 RC: the overall count of Chemicals being sold is 1332 times

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Number of sites and Sellers

1295 total RC sites• 334 (25%) are sites having AN or AN+

869 total RC sellers• 157 (18%) are sellers of AN or AN+

103 (66%) are in Eastern Canada 77 (49%) have AN only 80 (51%) have AN and +

*Data: Feb. 2012

Learnings from inspections

Processes that are generally in place• Securing the Product• Avoiding suspicious attempts to purchase

Processes needing improvement• Securing the records• Providing notices to end-users and to

transporters• Securing transport• Weekly inspections• Understanding ownership of product all through

the supply chain (e.g.: 3rd party transport, Import/Export, Wholesales vs. Retail sales)

Requirements for Reporting Mandatory requirements

• Losses• Theft• Tampering• Refusal to sell

suspicious attempt; and, excess quantity.

Mandatory reporting• To ERD; and,• Local Police.

Consequences• Loss of enrolment - No sales• Fines (up to $50K)

Chemical Precursors Outreach Program

Are regulations the best approach to ensure secure sales for chemicals of concerns?• A regulatory approach requires

resources for conducting compliance verifications

• Most incidents recorded were due to a lack of awareness or failure to follow procedures

Outreach Program – 2012/13 Workshops were/are provided as needed on the

regulated 9 chemicals Controls over additional chemicals of concern are being

addressed via outreach material for voluntary control Hexamine Powdered metals Ketones Potassium permanganate Strong acids CAN Urea

OUTREACH & EDUCATION PROGRAM

Precursor controls continues to be discussed at various fora

Industry-run programs are being implemented re flexibility, speed of reaction

In parallel, NRCan is developing educational materials and contacting industry associations for support for an expanded information and training program

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OUTREACH: Chemicals of Concern

The following 6 chemicals were added to the voluntary control program and some outreach material that has been already distributed.

Chemical Normal UseMEK & Acetone Solvent, nail polish remover

Urea De-icer, resin intermediates

Hexamine Camping fuel tablets

Sulphuric Acid Battery acid, drain cleaner

Citric Acid Food additive

Urea Fertilizer

CAN Fertilizer17

OUTREACH MATERIAL… Point-of-sale Precautions

Ask technical questions to see if customer knows their business and has a legitimate need for the chemicals

Observe and note suspicious behaviors (i.e., customer seems nervous, hesitates when asked for info, insists on paying in cash)

Refuse to sell to questionable customers Write down a description of the customer’s

physical appearance Save any paper on which they may have written a

name or address. Handle this paper as little as possible, to preserve fingerprints

Example-guidance is available…18

OUTREACH MATERIAL (Cont’d)

To detect suspicious activity, consider:• Does the customer fit the usual profile?• Is the order unusually small, large, repetitious or

out of season?• Is the intended use of product responsible?• Is the mode of payment logical? or,• Does the mode of delivery or of pick up fit?

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OUTREACH MATERIAL (Cont’d)

To secure your product and records, consider:• Is access to your chemicals limited and controlled?• Is your chemical secured during delivery?• Do you maintain good inventory practices? or,• Are sales records and inventory accessible to only those

that need access?If you suspect misuse – immediately report it to the RCMP

National Security Line at 1-800-420-5805

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FINAL WORD & WAY FORWARD Sales of precursors such as AN & HNO3 must

be controlled, as they were previously used for HMEs

The current control measures have proven to be of use for preventing inappropriate sales

Appropriate measures are being reviewed periodically

The list of regulated chemicals versus non-regulated is also to be reviewed periodically

Comments ? To increase awareness from sellers for chemicals of

concern can only be successfully achieved with the help of efficient sharing of information + experience + knowledge with:

• Industry • Other Government Departments• Other Countries

• How does this compare to your regulatory practices ?

Jean-Luc Arpin Explosives Regulatory Division / Explosives Safety

and Security Branch jarpin@nrcan.gc.ca