Implementation of UNSC Resolution 1540 in the Chemical Area the - - PowerPoint PPT Presentation

Session 6:

“Implementation of UNSC Resolution 1540 in

the Chemical Area”

Session 6: Session 6:

“ “Implementation of UNSC Resolution 1540 in

Implementation of UNSC Resolution 1540 in the Chemical Area the Chemical Area” ”

• Dr. Berhanykun Andemicael,
• Dr. Berhanykun Andemicael,

Coordinator, UNSC Resolution 1540 Coordinator, UNSC Resolution 1540 Committee Experts Committee Experts Cell: +1 (914) 466 Cell: +1 (914) 466-

• 5775; fax: +1 (917) 367 9358

5775; fax: +1 (917) 367 9358 andemicael@un.org andemicael@un.org

OPCW Seminar 2010 The Contribution of the OPCW to the International Security Dimension Berlin, Germany, 7-8 June 2010 OPCW Seminar 2010 OPCW Seminar 2010 The Contribution of the OPCW to the The Contribution of the OPCW to the International Security Dimension International Security Dimension Berlin, Germany, 7 Berlin, Germany, 7-

• 8 June 2010

8 June 2010

Overview Overview

• International security dimension and WMD

International security dimension and WMD

• -1990s & 2000s

1990s & 2000s

• WMD non

WMD non-

• proliferation & UNSCR 1540

proliferation & UNSCR 1540

• Overlap of Obligations: UNSCR 1540 &

Overlap of Obligations: UNSCR 1540 & CWC CWC

• Cooperation among international

Cooperation among international

• rganizations dealing with non
• rganizations dealing with non-
• proliferation/anti

proliferation/anti-

• terrorism

terrorism

Part I Part I

International security dimension International security dimension

Decade of 1990s: Decade of 1990s: WMD as threat to international security WMD as threat to international security

1. 1.

Post Post-

• Iraq: Achievements in non

Iraq: Achievements in non-

• proliferation

proliferation and disarmament measures and disarmament measures

2. 2.

1992 UNSC Summit Presidential Statement: 1992 UNSC Summit Presidential Statement: Proliferation of NCB weapons as threat to Proliferation of NCB weapons as threat to international peace and security international peace and security

3. 3.

1993 CWC prohibits whole category of lethal 1993 CWC prohibits whole category of lethal weapons perceived in context of UN Charter weapons perceived in context of UN Charter peace and security objective peace and security objective

4. 4.

Mid Mid-

• 1990s indefinite extension of NPT and

1990s indefinite extension of NPT and agreement on CTBT agreement on CTBT

International security dimension International security dimension

Decade of 2000s: WMD Decade of 2000s: WMD-

• Terrorism nexus as new

Terrorism nexus as new security dimension security dimension

1. 1.

Post Post-

• Sept.11, 2001: lethal mailed anthrax incident in

Sept.11, 2001: lethal mailed anthrax incident in the wake of the catastrophic 9/11 terrorist acts induced the wake of the catastrophic 9/11 terrorist acts induced a series of counter a series of counter-

• terrorism measures

terrorism measures

2. 2.

Revelations about the A.Q. Khan illicit trafficking Revelations about the A.Q. Khan illicit trafficking network and lingering concerns culminated in a second network and lingering concerns culminated in a second Iraq war Iraq war

3. 3.

April 2004: unanimous adoption of UNSC resolution April 2004: unanimous adoption of UNSC resolution 1540 as a mandatory obligation under Chapter VII of 1540 as a mandatory obligation under Chapter VII of the UN Charter to address the threat of WMD and their the UN Charter to address the threat of WMD and their means of delivery, focusing for the first time on the means of delivery, focusing for the first time on the dimension of non dimension of non-

• State actors

State actors

Part II Part II

WMD non WMD non-

• proliferation in

proliferation in Resolution 1540 and Non Resolution 1540 and Non-

• State

State Actors Actors

1.

• 1. To

To prevent the proliferation prevent the proliferation of WMD, their means of

• f WMD, their means of

delivery and related materials; delivery and related materials;

2.

• 2. To

To enhance the capacity enhance the capacity of all States to respond

• f all States to respond

effectively to the threats posed by the proliferation of effectively to the threats posed by the proliferation of WMD; WMD;

3.

• 3. To

To fill some existing gaps fill some existing gaps in international law by in international law by preventing and deterring any non preventing and deterring any non-

• State actor from

State actor from manufacturing, acquiring, possessing, developing, manufacturing, acquiring, possessing, developing, transporting, transferring, or using WMD and their means transporting, transferring, or using WMD and their means

• f delivery,
• f delivery, in

in particular for terrorist purposes particular for terrorist purposes. .

Objectives Objectives

UNSCR 1540 (2004) UNSCR 1540 (2004) UNSCR 1540 (2004)

UNSCR 1540 (2004) UNSCR 1540 (2004) UNSCR 1540 (2004)

• National legislation on

National legislation on prohibitions prohibitions (OP.1 and OP.2) (OP.1 and OP.2)

• Domestic controls

Domestic controls and enforcement (OP.3) and enforcement (OP.3)

• Accounting for, securing, physical protection (OP.3 (a

Accounting for, securing, physical protection (OP.3 (a-

• b))

b))

• Border controls (OP.3 (c)

Border controls (OP.3 (c)

• Export and trans

Export and trans-

• shipment controls (OP.3 (d)

shipment controls (OP.3 (d)

• Control lists,

Control lists, Assistance Assistance … … (OP. 7) (OP. 7)

• Promotion and implementation of

Promotion and implementation of multilateral treaties multilateral treaties (OP. 8) (OP. 8)

• Promotion of dialogue and

Promotion of dialogue and cooperation cooperation (OP. 9 and OP. 10) (OP. 9 and OP. 10)

• Reporting

Reporting (OP. 4) (OP. 4)

Structure of the Requirements Structure of the Requirements

Definitions *

UNSCR 1540 (2004) UNSCR 1540 (2004) UNSCR 1540 (2004)

1. 1.

Means of delivery Means of delivery: missiles, rockets and other unmanned : missiles, rockets and other unmanned systems capable of delivering nuclear, chemical, or biological systems capable of delivering nuclear, chemical, or biological weapons, weapons, that are specially designed for such use that are specially designed for such use. .

2. 2.

Non Non-

• State actor

State actor: individual or entity, not acting under the lawful : individual or entity, not acting under the lawful authority of any State in conducting activities which come authority of any State in conducting activities which come within the scope of this resolution. within the scope of this resolution.

3. 3.

Related materials Related materials: materials, equipment and technology : materials, equipment and technology covered by relevant multilateral treaties and arrangements, or covered by relevant multilateral treaties and arrangements, or included on national control lists, which could be used for the included on national control lists, which could be used for the design, development, production or use of nuclear, chemical design, development, production or use of nuclear, chemical and biological weapons and their means of delivery. and biological weapons and their means of delivery.

* for the purpose of this resolution only

National Legislation National Legislation

• Non

Non-

• support clause

support clause:

: All States shall All States shall refrain from refrain from providing any providing any form of form of support to non support to non-

• State actors

State actors that attempt to develop, acquire, that attempt to develop, acquire, manufacture, possess, transport, transfer or use WMD and their manufacture, possess, transport, transfer or use WMD and their means of delivery means of delivery (Op. para.1)

(Op. para.1)

• Activity prohibition clause

Activity prohibition clause:

: All States, in accordance with their All States, in accordance with their national procedures, shall national procedures, shall adopt and enforce adopt and enforce appropriate appropriate effective effective laws which laws which prohibit any non prohibit any non-

• State actor

State actor to manufacture, acquire, to manufacture, acquire, possess, develop, transport, transfer, or use WMD and their mean possess, develop, transport, transfer, or use WMD and their means s

• f delivery,
• f delivery, in particular for terrorist purposes

in particular for terrorist purposes, as well as attempts to , as well as attempts to engage in any of the foregoing activities, participate in them a engage in any of the foregoing activities, participate in them as an s an accomplice, assist or finance them accomplice, assist or finance them (Op. para.2)

(Op. para.2)

UNSCR 1540 (2004)

• I. PROHIBITIONS

Measures on Measures on ACCOUNTING FOR, SECURING, PHYSICAL

ACCOUNTING FOR, SECURING, PHYSICAL PROTECTION PROTECTION (Op. para.3 (a

(Op. para.3 (a-

• b)

b)

• All States shall take and enforce effective measures to

All States shall take and enforce effective measures to establish domestic controls to prevent the proliferation of establish domestic controls to prevent the proliferation of WMD and their means of delivery, including by WMD and their means of delivery, including by establishing appropriate controls over related materials establishing appropriate controls over related materials and to this end shall: and to this end shall:

• Develop and maintain appropriate effective measures

Develop and maintain appropriate effective measures to account for and secure such items in production, to account for and secure such items in production, use, storage or transport use, storage or transport (OP 3 (OP 3 – – a) a)

• Develop and maintain appropriate effective physical

Develop and maintain appropriate effective physical protection measures protection measures (OP 3 (OP 3 – – b) b)

UNSCR 1540 (2004)

• II. Domestic Controls & Enforcement

BORDER CONTROLS BORDER CONTROLS (Op.para. 3 (c): (Op.para. 3 (c):

• Develop and maintain appropriate effective

Develop and maintain appropriate effective border controls and law enforcement efforts to border controls and law enforcement efforts to detect, deter, prevent and combat the detect, deter, prevent and combat the illicit illicit trafficking trafficking and brokering in such activities and brokering in such activities UNSCR 1540 (2004)

UNSCR 1540 (2004)

• II. Domestic Controls and Enforcement

EXPORT AND TRANS-SHIPMENT CONTROLS (Op. para. 3 (d): Establish, develop, review and maintain appropriate 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 that would contribute to proliferation, as well as establishing end-user controls; and establishing and enforcing appropriate criminal or civil penalties for violations of such export control laws and regulations

UNSCR 1540 (2004) Control Lists (Op. para. 6: (Op. para. 6:

• When necessary, to pursue at earliest

When necessary, to pursue at earliest

• pportunity the development of effective
• pportunity the development of effective

national control lists national control lists

Part III Part III

Overlap of Obligations in non Overlap of Obligations in non-

• proliferation

proliferation instruments: UNSCR 1540 and the CWC instruments: UNSCR 1540 and the CWC

UNSCR 1540 (2004) UNSCR 1540 (2004) & non & non-

• proliferation Instruments

proliferation Instruments

Complementarity Complementarity of 1540 requirements with obligations

• f 1540 requirements with obligations

under NPT, the CWC, the BWC and other non under NPT, the CWC, the BWC and other non-

• proliferation

proliferation instruments: Resolution calls for instruments: Resolution calls for universalization universalization and and strengthening strengthening of the WMD

• f the WMD-
• related instruments

related instruments

Main chemical related instruments: Main chemical related instruments:

• Chemical Weapons Convention (CWC)

Chemical Weapons Convention (CWC)

• 1925 Geneva Protocol

1925 Geneva Protocol

Table 1 (a) Table 1 (a)

Prohibitions of persons to (i.e.activities of Non Prohibitions of persons to (i.e.activities of Non-

• State actors):

State actors): Provisions re: Provisions re: 1540 1540 CWC CWC Geneva Geneva Protocol Protocol 1. 1. Manufacture/ Manufacture/produceX produceX X X 2. 2. Acquire Acquire X X X X 3. 3. Possess/store/ Possess/store/stockpileX stockpileX X (+retain) X (+retain) 4. 4. Develop Develop X X X X 5. 5. Transport Transport X X 6. 6. Transfer Transfer X X X X 7. 7. Use Use X X X X X X 8. 8. Means of delivery Means of delivery X X X (munitions, devices) X (munitions, devices)

UNSCR 1540 (2004): Operative para. 2

Table 1 (b) Table 1 (b) More Prohibitions related to non More Prohibitions related to non-

• State actors:

State actors: Provisions in: 1540 Provisions in: 1540 CWC CWC Geneva Geneva Protocol Protocol 9.

• 9. Accomplice

Accomplice (participate as) (participate as) X X X (induce) X (induce) 10.

• 10. Assist

Assist X X X X 11.

• 11. Finance

Finance X X X X

UNSCR 1540 (2004): Operative para 2

Sample: 1540 MATRIX Sample: 1540 MATRIX

17 Mar 2006/VB

Similar comparative tables can be shown about Similar comparative tables can be shown about the extensive overlap of State obligations under the the extensive overlap of State obligations under the CWC and Res 1540 on implementing provisions CWC and Res 1540 on implementing provisions

• To account for, secure & physically protect

To account for, secure & physically protect materials related to WMD (OP. 3 (a materials related to WMD (OP. 3 (a-

• b)

b)

• To establish or strengthen border and export

To establish or strengthen border and export control systems (OP. 3 (c control systems (OP. 3 (c-

• d))

d))

UNSCR 1540 (2004): Close Synergy also on Op. Para. 3

Key points Key points

• 1. The
• 1. The universalization

universalization of the CWC and the

• f the CWC and the

institution of implementing legislation of institution of implementing legislation of CWC, with an accounting and verification system, CWC, with an accounting and verification system, control lists and national authority goes a long control lists and national authority goes a long way towards the implementation of the 1540 way towards the implementation of the 1540 requirements in the chemical field requirements in the chemical field

• 2. Hence the importance of cooperation to
• 2. Hence the importance of cooperation to

prevent all illicit activities, including trafficking in prevent all illicit activities, including trafficking in dual dual-

• use items

use items

Part IV Importance of Cooperation among relevant organizations

Cooperation Mandate under UNSC Cooperation Mandate under UNSC Resolutions 1540 (2004) and Resolutions 1540 (2004) and 1810 (2008) 1810 (2008)

The Council requested the Committee to The Council requested the Committee to

Cooperate Cooperate

• Continue to promote through its work

Continue to promote through its work programme programme greater awareness, greater awareness, outreach

• utreach, dialogue, assistance,

, dialogue, assistance, and cooperation with Member States and cooperation with Member States; ;

• Enhance its

Enhance its cooperation with cooperation with the Council Committees the Council Committees established pursuant to resolutions 1267 (1999) and established pursuant to resolutions 1267 (1999) and 1373 (200) and with States and 1373 (200) and with States and international and other international and other intergovernmental organizations intergovernmental organizations; ;

• Continue its efforts to achieve full

Continue its efforts to achieve full implementation

implementation of

• f

resolution 1540, including by enhancing its role as a resolution 1540, including by enhancing its role as a clearing house clearing house for channeling for channeling assistance assistance. .

Appreciation to OPCW Appreciation to OPCW

• In all these areas the 1540 Committee is strengthening

In all these areas the 1540 Committee is strengthening cooperation with the OPCW and other entities cooperation with the OPCW and other entities

• Regular and reciprocal representation at events of the

Regular and reciprocal representation at events of the OPCW and the 1540 Committee have helped greatly OPCW and the 1540 Committee have helped greatly

• As Director General of OPCW Ambassador

As Director General of OPCW Ambassador Pfirter Pfirter has has played a significant role in facilitating such cooperation played a significant role in facilitating such cooperation

• His personal attendance in Feb. 2006 of a session of the

His personal attendance in Feb. 2006 of a session of the Security Council devoted to Res. 1540 and his briefings Security Council devoted to Res. 1540 and his briefings to the 1540 Committee and his gracious welcome to to the 1540 Committee and his gracious welcome to visits by successive Chairmen of the Committee to the visits by successive Chairmen of the Committee to the OPCW have created a path for close relations, which we OPCW have created a path for close relations, which we greatly appreciate greatly appreciate

• We thank you and wish you well

We thank you and wish you well

Thank you Thank you Thank you

Comments and suggestions are WELCOME Comments and suggestions are WELCOME Direct Comments and Suggestions to: Direct Comments and Suggestions to: Fax: +1 (917) 367 9358 Fax: +1 (917) 367 9358 E E-

• mail: andemicael@un.org

mail: andemicael@un.org For more information visit the Committee For more information visit the Committee’ ’s web s web site at: site at:

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

1540experts@un.org 1540experts@un.org

Thanks also for the continuing support of UN/ODA staff members Mr. Chen Wang and Mrs. Pat Fernano