Complementarity of Implementing the Biological Complementarity of - - PowerPoint PPT Presentation

Regional Workshop on National Implementation of the Biological Weapons Convention in East Asia and the Pacific

Complementarity of Implementing the Biological Complementarity of Implementing the Biological Weapons Convention and UN Security Council Weapons Convention and UN Security Council Resolution 1540 (2004) Resolution 1540 (2004)

Ana Maria Cerini, Nicolas Kasprzyk 1540 Committee experts E-mail: cerini@un.org / kasprzyk@un.org Fax: +1 917 367 9358

Makati City, the Philippines, 27-28 June 2011

Resolution 1540 highlights BWC and resolution 1540 convergence Implementation of resolution 1540 in

East Asia and the Pacific / biological focus

Challenges and way forward

Outline Outline

Resolution 1540 highlights

Adopted on 28 April 2004 under Chapter VII of the UN Charter

unanimously by the UN Security Council

Subsequent UNSC resolutions 1673 (2006), 1810 (2008), 1887 (2009)

and 1977 (2011)

Obligations upon all States, modalities of implementation being the

responsibility of each State (respect of the principle of national sovereignty)

Focus on measures aimed at preventing the involvement of non-

States actors into proliferation activities and at adopting and enforcing domestic controls over sensitive (“related”) materials

Resolution 1540 highlights

Covers all fields of weapons of mass destruction (nuclear, chemical,

biological) and their means of delivery, as well as related materials

Related materials: “materials, equipment and technology covered by

relevant multilateral treaties and arrangements, or included on national control lists, which could be used for the design, development, production or use of nuclear, chemical and biological weapons and their means of delivery”

Resolution 1540 highlights

Complementarity with existing tools and instruments such as

multilateral treaties and multilateral arrangements (converging efforts / absence of duplication), i.e. the BWC

1540 Committee: subsidiary body of the UN Security Council

comprising all 15 States members of the Security Council, supported by a group of experts and by the UN Secretariat (Office for Disarmament Affairs and Department of Political Affairs)

1540 Committee: four working groups (monitoring implementation;

international cooperation; assistance; transparency and media

• utreach)

Resolution 1540 highlights

• Resolution 1977 (2011) extended the mandate of the 1540 Committee

by ten years until April 2021

• The full implementation of resolution 1540 (2004) by all States is a

long-term task that will require continuous efforts at the national, regional and international levels

BWC and resolution 1540 convergence

Resolution 1540:

• Refers to non-proliferation of weapons of mass destruction and their

means of delivery, including biological weapons

• Reinforces States Parties obligations to implement multilateral

treaties, including the BWC

BWC and resolution 1540 convergence

Differences in that resolution 1540:

• as a UN Chapter VII, is a resolution mandatory for all States (BWC

also aims at universality)

• Has prohibitions in addition to those of BWC
• Has additional/specific measures to deal with illicit trafficking

BWC and resolution 1540 convergence

• 1. States to refrain “from providing any form of support to non-State

actors that attempt to develop, acquire, manufacture, possess, transport, transfer or use nuclear, chemical or biological weapons and their means of delivery” (Operative paragraph 1 of resolution 1540)

BWC and resolution 1540 convergence

• 2. States to adapt the legislative framework

“All States […] shall adopt and enforce appropriate effective laws which prohibit any non-State actor to manufacture, acquire, possess, develop, transport, transfer or use nuclear, chemical or biological weapons and their means of delivery […] as well as attempts to engage in any of the foregoing activities, participate in them as an accomplice, assist or finance them” (Operative paragraph 2 of resolution

1540) Resolution 1540 has two explicit prohibitions in addition to that of BWC: transport and use* (NB: use was considered as prohibited under Article I of the Convention at the 4th Review Conference)

BWC and resolution 1540 convergence

• 3. States to establish domestic controls (“including over related

materials”) “appropriate effective measures to account for and secure items in production, use, storage or transport” (Operative paragraph 3 (a) of

resolution 1540) “appropriate effective physical protection measures” (Operative paragraph 3 (b) of resolution 1540)

Accounting/securing and physically protecting Complement other biosafety / biosecurity requirements and efforts Resolution 1540 does not specify standards (specialized organizations such

as WHO, OIE, FAO do)

BWC and resolution 1540 convergence

• 3. States to establish domestic controls (“including over related

materials”)

“effective border controls and law enforcement efforts to detect, deter, prevent and combat, including through international cooperation when necessary, the illicit trafficking and brokering in such items” (Operative paragraph 3 (c) of resolution 1540) “effective national export and trans-shipment controls over such items, including appropriate laws and regulations to control export, transit, trans- shipment and re-export and controls on providing funds and services related to such export and trans-shipment such as financing, and transporting […] as well as establishing end-users controls” (Operative paragraph 3 (d) of resolution 1540)

Domestic controls over physical flows of such items, and also over related

transactions such as brokering / financing

Implementation of resolution in East Asia and the Pacific

Following graphs are based on data gathered by the 1540 Committee experts from national reports and other official sources of information and reflected in matrices approved by the 1540 Committee and posted

• n the 1540 Committee website with the consent of States.

The graphs reflect aggregated data for Brunei Darussalam, Cambodia, Indonesia, Lao PDR, Malaysia, Myanmar, Philippines, Singapore, Thailand, Vietnam The graphs indicate that, on average, the biological area is an area in which fewer measures have been taken (compared with the nuclear and chemical areas)

30 40 40 30 50 10 20 10 20 30 30 50 50 10 40 60 30 60 30 20 40 50 30 40 50 30 10 40 40 30 50 10 20 20 40 40 40 40

10 20 30 40 50 60 70 80 90 100

involvement of non-State actors activities related to means of delivery financing assisting participate as an accomplice use transfer transport develop stockpile/store possess acquire manufacture/produce

Biological Weapons Chemical Weapons Nuclear Weapons

OP2 – National Legal Framework

%

40 10 50 50 50 70 20 20 10 40 30 30 40 10 50 60 40 70 50 30 40 50 50 60 60 30 20 50 50 50 60 40 20 20 30 60 50 50

10 20 30 40 50 60 70 80 90 100

involvement of non-State actors activities related to means of delivery financing assisting participate as an accomplice use transfer transport develop stockpile/store possess acquire manufacture/produce

Biological Weapons Chemical Weapons Nuclear Weapons

OP2 – Enforcement

%

20 40 30 30 30 30 100 100 100 10 30 30 30 20 50 80 70 70 10 10 10 30 30 30 30

10 20 30 40 50 60 70 80 90 100

Measures to account for / secure/ physically protect means of delivery Regulations for physical protection of facilities/materials/transports Measures to secure transport Measures to secure storage Measures to secure use Measures to secure production Measures to account for transport Measures to account for storage Measures to account for use Measures to account for production

Biological Weapons Chemical Weapons Nuclear Weapons

%

OP3 a) b) – National Legal Framework

10 20 40 40 40 40 30 50 50 50 10 10 40 10 10 10 40 80 70 60 10 30 10 30 30 50 50

10 20 30 40 50 60 70 80 90 100

Measures to account for / secure/ physically protect means of delivery Regulations for physical protection of facilities/materials/transports Measures to secure transport Measures to secure storage Measures to secure use Measures to secure production Measures to account for transport Measures to account for storage Measures to account for use Measures to account for production

Biological Weapons Chemical Weapons Nuclear Weapons

%

OP3 a) b) – Enforcement

80 10 30 20 50 20 20 20 40 60 30 30 50 80 80 20 50 100 100 10 10 40 40 60 20 20 20 50 50 20 30 40 80 80 20 50 100 80 40 20 50 20 20 20 20 40 20 20 40 70 70 20 50 10

10 20 30 40 50 60 70 80 90 100

C o ntro l o f impo rtatio n C o ntro l o f pro viding transpo rt services C o ntro l o f pro viding funds R e-expo rt co ntro l T rans-shipment co ntro l T ransit co ntro l Intangible transfers C atch all clause End-user co ntro ls C o ntro l lists N atio nal licensing autho rity General licensing Individual licensing Licensing pro visio ns Expo rt co ntro l legislatio n in place Enfo rcement agencies/ autho rities C o ntro l o f bro kering, trading in, nego tiating, o therwise assisting in sale o f go o ds and techno lo gy T echnical suppo rt o f bo rder co ntro l measures B o rder co ntro l

Biological Weapons Chemical Weapons Nuclear Weapons

OP 3 c) d) – National Legal Framework

%

80 30 20 50 20 20 20 30 40 20 20 40 70 90 20 70 90 100 10 10 40 30 60 20 20 20 20 50 20 30 30 70 90 20 70 90 80 30 20 40 20 20 20 20 40 20 20 20 60 80 20 70 90

10 20 30 40 50 60 70 80 90 100

C o ntro l o f impo rtatio n C o ntro l o f pro viding transpo rt services C o ntro l o f pro viding funds R e-expo rt co ntro l T rans-shipment co ntro l T ransit co ntro l Intangible transfers C atch all clause End-user co ntro ls C o ntro l lists N atio nal licensing autho rity General licensing Individual licensing Licensing pro visio ns Expo rt co ntro l legislatio n in place Enfo rcement agencies/ autho rities C o ntro l o f bro kering, trading in, nego tiating, o therwise assisting in sale o f go o ds and techno lo gy T echnical suppo rt o f bo rder co ntro l measures B o rder co ntro l

Biological Weapons Chemical Weapons Nuclear Weapons

OP 3 c) d) – Enforcement

%

Challenges and way forward

Efforts at the national, regional and international levels Implement the BWC and the biological aspects of resolution 1540,

while implementing also other (non-biological) dimensions of resolution 1540: using experience gained in one area (biological, chemical or nuclear) to facilitate progress in other areas consider, when appropriate, to have one vehicle (law, set of measures..) to cover several areas coordination mechanisms in the biological area and across the biological, chemical and nuclear areas

Challenges and way forward

Capacity-building and assistance mechanisms:

resolution 1540 (2004) recognizes that some States may require assistance in implementing the resolution, while others may offer assistance resolutions 1810 (2008) and 1977 (2011) have confirmed and reinforced the clearinghouse role of the 1540 Committee to facilitate match-making between requests and offers of assistance States that need assistance are welcome to convey requests to the 1540 Committee, to specialized organizations such as the BWC-ISU, WHO or OIE in the biological area, or to individual providers of assistance: each channel has its own strengths

Challenges and way forward

Possibility for the 1540 Committee to conduct visits to States at

their invitation: to have dialogue on the implementation of resolution 1540 (2004), on assistance and other relevant issues for such visits, the 1540 Committee will rely on the support

• f the necessary expertise (in liaison with the inviting State)

To reach the Chairman of the 1540 Committee:

Secretariat of the 1540 Committee Attention: S.E. Baso Sangqu, Chairman, 1540 Committee Secretariat Building, Room S-3055-I United Nations, New York, NY 10017 Fax: +1 212 963-1300; Email: sc-1540-Committee@un.org

To reach the 1540 Committee Group of experts:

UN Innovation Bdg, 42nd Street and 2nd Avenue United Nations, New York, NY 10017 Fax: +1 917 367 9344; Email: 1540experts@un.org

1540 Committee website: http://www.un.org/sc/1540

Thank you for your attention

* * *