WILLEMSTAD – Curaçao will have to introduce its own implementing legislation before a new agreement giving the International Atomic Energy Agency (IAEA) greater oversight of nuclear material can take effect on the island.
The requirement forms part of a new Additional Protocol between the Kingdom of the Netherlands and the IAEA, concluded in Vienna on December 4, 2025.
The Netherlands has submitted proposed Kingdom legislation to the Dutch Parliament seeking approval of the protocol for Curaçao, Aruba, Sint Maarten and the Caribbean Netherlands.
According to the Dutch government, Curaçao has indicated that it wants the Additional Protocol to apply to the island.
However, approval at Kingdom level alone is not sufficient.
Curaçao must first establish its own legal framework governing implementation of the new obligations. This includes determining which authority will be responsible for the system, what obligations will apply to organizations or individuals possessing nuclear material and how supervision and enforcement will be organized.
The issue is relevant because an inventory conducted in Curaçao in 2019 established that some nuclear material is present on the island. The available documents do not identify the type, quantity or location of that material.
Under the strengthened safeguards system, Curaçao will be required to submit an initial declaration providing information about nuclear material covered by the agreement.
Periodic reporting will subsequently be required, while imports, exports and changes in relevant inventories will also have to be reported.
The IAEA will additionally have the authority to request clarification and, under certain circumstances, carry out inspections.
The Dutch government nevertheless expects physical inspections in the Caribbean parts of the Kingdom to be necessary only in exceptional circumstances because the quantities of nuclear material involved are considered limited.
The Additional Protocol is intended to strengthen an international safeguards system dating back to 1973.
Under the existing system, oversight is primarily intended to verify that declared nuclear material is not diverted from peaceful purposes. The additional rules provide the IAEA with broader tools to determine whether undeclared nuclear activities or material could exist.
The protocol cannot formally take effect for Curaçao until the island has completed the necessary implementing legislation and the Kingdom and IAEA subsequently bring the agreement into force for Curaçao.
The Dutch government expects the administrative and financial burden to be limited. During the initial implementation phase, Curaçao will receive assistance through expertise and IAEA training.
After that initial support, Curaçao will be responsible for the costs associated with implementing and maintaining its own system.