Non- -proliferation of weapons of mass proliferation of weapons of - - PowerPoint PPT Presentation

Non Non-

• proliferation of weapons of mass

proliferation of weapons of mass destruction to non destruction to non-

• State actors: the role of

State actors: the role of UNSC Resolution 1540 (2004) UNSC Resolution 1540 (2004)

Nicolas Kasprzyk Nicolas Kasprzyk 1540 Committee expert 1540 Committee expert NATO Regional Cooperation Course (NRCC), NATO Defense College NATO Regional Cooperation Course (NRCC), NATO Defense College Rome, Italy, 11 March 2013 Rome, Italy, 11 March 2013

2

Outline Outline

• Background
• Resolution 1540 key facts
• Obligations and requirements
• Role of 1540 Committee
• Implementation facts and trends

3

Background Background

• Proliferation of nuclear,

chemical and biological weapons, as well as their means of delivery, constitutes a threat to international peace and security

• The threat of terrorism and the

risk that non-State actors,…,may acquire, develop, traffic in or use nuclear, chemical and biological weapons and their means of delivery

4

• Adopted 28 April 2004 by the UNSC, under Chapter VII of the UN

Charter, and followed by UNSCR 1673 (2006),1810 (2008), 1977 (2011) and 2055 (2012).

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

for a period of 10 years until 25 April 2021.

Key facts Key facts

A wide view of the Security Council as Members unanimously adopt resolution 1977(2011) on 20 April 2011, extending for 10 years the mandate of the 1540 Committee./ UN Photo/ Devra Berkowitz

5

Key facts Key facts

• A formal decision taken by the Security Council affirming that the

proliferation of weapons of mass destruction (WMD) and their means of delivery represents a threat to international peace and security.

• Establishes binding obligations on all States to take a series of steps

to prevent the proliferation of WMD and their means of delivery to non-State actors.

• Fills existing gaps in international law by requiring the prohibition of

non-State actors to manufacture, acquire, possess, develop, transport, transfer, or use WMD and their means of delivery in particular for terrorist purposes.

6

Key facts Key facts

• Focuses on measures aimed at preventing the involvement of non-

States actors in proliferation activities.

• Each State decides for itself how to implement resolution 1540. In

adopting resolution 1540, the Security Council recognized that the primary responsibility for fighting WMD proliferation and potential terrorist use of WMD rests with UN member States themselves.

7

Key facts Key facts

• Covers all fields of WMD (nuclear, chemical, and biological) and

their means of delivery, as well as related materials. Definition, for the purpose of this resolution only: Means of Delivery: missiles, rockets and other unmanned systems capable of delivering nuclear, chemical, or biological weapons, that are specially designed for such use. 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.

• Does not conflict with or alter the rights and obligations of State

Parties to NPT, CWC, BWC or alter the responsibilities of IAEA and OPCW (Operative Paragraph 5 of R. 1540).

8

Key obligations Key obligations

Three key obligations for States: 1. Refrain from providing support to non-state actors (Operative Paragraph 1 of R. 1540) 2. Adopt legislation establishing prohibitions ( Operative Paragraph 2 of R. 1540) 3. Establish domestic controls ( Operative Paragraph 3 of R. 1540)

9

Key obligations Key obligations

Operative paragraph 1 of resolution 1540: All States shall 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

10

Key obligations Key obligations

Operative paragraph 2 of resolution 1540: All States, in accordance with their national procedures, shall adopt and enforce appropriate effective laws which prohibit any non-State actors to manufacture, acquire, possess, develop, transport, transfer or use nuclear, chemical or biological weapons and their means of delivery, in particular for terrorist purposes, as well attempts to engage in any of the foregoing activities, participate in them as accomplice, assist or finance them

11

Key obligations Key obligations

Operative paragraph 3 (a) and (b) of resolution 1540: All States shall take and enforce effective measures to establish domestic controls to prevent the proliferation of nuclear, chemical

• r biological weapons and their means of delivery, including by

establishing appropriate controls over related materials and to this end shall:

• Develop and maintain appropriate effective measures to

account for and secure items in production, use, storage or transport;

• Develop and maintain appropriate effective physical protection

measures

12

Key obligations Key obligations

Operative paragraph 3 (c) and (d) of resolution 1540: All States shall take and enforce effective measures to establish domestic controls to prevent the proliferation of nuclear, chemical

• r biological weapons and their means of delivery, including by

establishing appropriate controls over related materials and to this end shall:

• Develop and maintain appropriate effective border controls

and law enforcement efforts to detect, deter, prevent and combat the illicit trafficking and brokering in such items;

• Establish […] effective national export and trans-shipment

controls […] including to control export, transit, trans-shipment and re-export

13

Key obligations Key obligations

The scope and depth of the different obligations set upon States suggests a need for close cooperation between different institutional communities:

• Foreign Affairs
• Defense / Armed Forces
• Interior / Police
• Intelligence
• Financial Intelligence Units
• Customs
• Industry
• Commerce
• Agriculture
• Health
• Parliamentarians
• Etc.

No size fits all: institutional solutions / frameworks will vary from a State to another.

14

Other key features Other key features

• 1. National control lists

Operative paragraph 6 of resolution 1540: Recognizes the utility in implementing this resolution of effective national control lists and calls upon Member States, when necessary, to pursue at the earliest opportunity the development

• f such lists

15

Other key features Other key features

• 2. Collaboration with industry and public

Operative paragraph 8 (d) of resolution 1540: Calls upon all States to develop appropriate ways to work with and inform industry and the public

16

Other key features Other key features

• 3. Submission of reports /

additional information

States are called upon to submit a first report to the 1540 Committee on steps they have taken or intend to take to implement resolution 1540 States that have already submitted such report are encouraged to provide additional information when appropriate or upon the request of the 1540 Committee

List of States yet to submit a first report as at 08 March 2013

• 1. Cape Verde
• 2. Central African Republic
• 3. Chad
• 4. Comoros
• 5. DPRK
• 6. Equatorial Guinea
• 7. Gambia
• 8. Guinea
• 9. Guinea-Bissau
• 10. Haiti
• 11. Lesotho
• 12. Liberia
• 13. Malawi
• 14. Mali
• 15. Mauritania
• 16. Mozambique
• 17. Sao Tome and Principe
• 18. Solomon Islands
• 19. Somalia
• 20. South Sudan
• 21. Swaziland
• 22. Timor-Leste
• 23. Zambia
• 24. Zimbabwe

List of States yet to submit a first report as at 08 March 2013

• 1. Cape Verde
• 2. Central African Republic
• 3. Chad
• 4. Comoros
• 5. DPRK
• 6. Equatorial Guinea
• 7. Gambia
• 8. Guinea
• 9. Guinea-Bissau
• 10. Haiti
• 11. Lesotho
• 12. Liberia
• 13. Malawi
• 14. Mali
• 15. Mauritania
• 16. Mozambique
• 17. Sao Tome and Principe
• 18. Solomon Islands
• 19. Somalia
• 20. South Sudan
• 21. Swaziland
• 22. Timor-Leste
• 23. Zambia
• 24. Zimbabwe

17

Other key features Other key features

• 4. Assistance and capacity-building

The Security Council recognizes that some States may require assistance in implementing resolution 1540, and invites those in a position to do so to offer assistance as appropriate in response to specific requests to the States lacking the legal and regulatory infrastructure, implementation experience and/or resources The Security Council encourages States that have requests for assistance to convey them to the 1540 Committee

18

Other key features Other key features

• 5. National action plans

States are encouraged to prepare on a voluntary basis national implementation action plans, with the assistance of the 1540 Committee as appropriate, mapping out their priorities and plans for implementing resolution 1540 Six NAP have been submitted as at 8 March 2013: Argentina, Belarus, Canada, France, Serbia, US

19

Other key features Other key features

• 6. Visits to States at their

invitation The 1540 Committee and its experts can visit States, at their invitation, to discuss any matter related to the implementation

• f resolution 1540 (2004), such

as national implementation efforts, assistance needs, first report / additional information, national action plans The 1540 Committee is mandated to “actively engage in dialogue with States”

US visit, Dept. of Health & Human US visit, Dept. of Health & Human Services, Services, BSL BSL-

• 4 training facility

4 training facility

20

The 1540 Committee The 1540 Committee The 1540 Committee

• The Committee established pursuant to para. 4 of
• res. 1540 is known as the

the 1540 Committee 1540 Committee

• The 1540 Committee is a subsidiary body of the

Security Council

• Chair:

Chair: Republic of Korea; Vice Vice-

• Chairs:

Chairs: Azerbaijan, Luxemburg, United Kingdom; Members: Members: Argentina, Azerbaijan, Australia, China, France, Guatemala, Luxemburg, Morocco, Pakistan, Republic of Korea, Russian Federation, Rwanda, Togo, United Kingdom, United States

• A Senior Political Affairs Officer of the UN Department

UN Department

• f Political Affairs
• f Political Affairs (DPA)

(DPA) serves as Secretary of the Committee, while the UN Office for Disarmament UN Office for Disarmament Affairs Affairs (UNODA) (UNODA) provides substantive and logistical support

• The Group of Experts

Group of Experts was established per resolutions 1977 (2011) and 2055 (2012) “ “to assist to assist the Committee in carrying out its mandate the Committee in carrying out its mandate…” …” www.un.org/sc/1540

21

The 1540 Committee The 1540 Committee

• Promotes greater global

Promotes greater global awareness of R.1540, including by awareness of R.1540, including by

• utreach and dialogue with
• utreach and dialogue with

Member States Member States

• Monitors and facilitates full

Monitors and facilitates full implementation, including by implementation, including by examining the status of Member examining the status of Member States States’ ’ implementation using implementation using “ “Matrix Matrix” ”

• Enhances capacity

Enhances capacity-

• building by

building by dialogue/outreach/country specific dialogue/outreach/country specific activities, including by active activities, including by active match match-

• making between requests

making between requests and offers of assistance and offers of assistance -

• “

“clearing clearing house house” ” function function Principles: Principles:

• Transparency
• Equal treatment
• Consistency in the approach

Ways and Means: Ways and Means:

• Dialogue with States
• Cooperation with other
• rganizations
• Outreach events
• Visits to states at their invitation

22

4 Working Groups:

• Monitoring and national

implementation;

• Assistance;
• Cooperation with international
• rganizations;
• Transparency and media
• utreach.

The 1540 Committee The 1540 Committee The 1540 Committee

23

Cooperation with international, regional and sub-regional organizations

The 1540 Committee The 1540 Committee The 1540 Committee

The Security Council: “Encourages IROs to enhance cooperation and information sharing with the 1540 Committee on technical assistance and all other issues of relevance for the implementation of resolution 1540” Resolution 1977 (2011)

24

Cooperation with international, regional and sub-regional organizations

The 1540 Committee The 1540 Committee The 1540 Committee

The 1540 Committee cooperates with the other counter-terrorism committees of the Security Council: 1373 Committee (supported by the Counter-Terrorism Executive Directorate) and 1267/1989 Committees (on Al-Qaida and associated individuals and entities, supported by the Monitoring Team) The 1540 Committee Group of experts is a UN Counter-Terrorism Implementation Task Force (CTITF) entity and, as such, participates in the relevant activities of the Task Force, in particular its Weapons of Mass Destruction Working Group and its Border Management Working Group

25

Cooperation with international, regional and sub-regional organizations

The 1540 Committee The 1540 Committee The 1540 Committee

10-11 December 2010, Regional Workshop on “Resolution 1540 and Preventing Terrorists from Gaining Access to Weapons of Mass Destruction”, Riyadh, Saudi Arabia: the then Secretary General of the GCC Abdul Rahman bin Hamad Al-Attiyah, made a Statement in which he appreciated Saudi Arabia hosting the timely workshop on resolution 1540 and stressed the support of the GCC Secretariat for the workshop’s success. He expressed GCC support for all types of measures – unilateral, bilateral, regional and multilateral – to obtain desired results for the workshop and promote peace and security in the region and globally.

Information note at http://www.un.org/en/sc/1540/transparency-and-outreach/outreach-events/events.shtml

26

Cooperation with international, regional and sub-regional organizations

The 1540 Committee The 1540 Committee The 1540 Committee

6-8 June 2011 Arab Regional Workshop on "Monitoring and Securing Movement of Goods and Individuals from Terrorist Threats" held in Riyadh, Saudi Arabia, organized by the League of Arab States with Naif Arab University: options were discussed on additional efforts by the League of Arab States to prevent terrorists from acquiring weapons of mass destruction, including in the context of resolution 1540 (2004).

27

The 1540 Committee The 1540 Committee

• The primary tool used by the 1540

The primary tool used by the 1540 Committee to gather implementation data is Committee to gather implementation data is the the 1540 Committee Matrix. 1540 Committee Matrix. The data The data

• riginates from information officially shared
• riginates from information officially shared

by the concerned State by the concerned State

• One Matrix is prepared for each UN Member

One Matrix is prepared for each UN Member State, including States that have not State, including States that have not reported yet reported yet

• The current Matrix template is made of 382

The current Matrix template is made of 382 fields / 11 worksheets covering the different fields / 11 worksheets covering the different implementation areas implementation areas

• Matrices prepared by the experts and

Matrices prepared by the experts and approved by the Committee are posted with approved by the Committee are posted with the consent of the concerned State the consent of the concerned State

• Matrices are not a tool for measuring

Matrices are not a tool for measuring compliance. compliance.

28

Implementation facts Implementation facts

“While the status of implementation of the resolution continues to improve since 2004, much work remains to be done and the gravity of the threat remains considerable. To fully implement the resolution requires a long-term effort by States to meet all the requirements and recommendations of the resolution” Report by the 1540 Committee to the Security Council, September 2011

29

Implementation facts Implementation facts

State Reports to the Committee Assistance requests Assistance offers Designation of a point of contact National implementation action plan Country visit Other Algeria 10/11/2004 7/09/2005 30/04/2008 Bahrain 22/12/2004 13/03/2008 15/05/2012 Comoros None Djibouti 17/03/2005 Egypt 28/11/2004 17/03/2006 28/02/2008 Iraq 13/04/2005 5/02/2006 X Iran 28/02/2005 14/02/2006 Israel 22/11/2004 10/12/2012 X (see footnote) Jordan 9/02/2005 11/05/2006 X Kuwait 31/03/2005 Lebanon 20/10/2004 19/06/2006 X Libya 12/04/2005 6/06/2005 “Israel is aware that a number of States may request aid for the purpose of implementing Security Council resolution 1540 (2004) in their countries. Israel stands ready to consider specific requests for such assistance as appropriate for States lacking the legal and regulatory infrastructure and implementation experience.” 10 December 2012 report

30

Implementation facts Implementation facts

State Reports to the Committee Assistance requests Assistance offers Designation of a point of contact National implementation action plan Country visit Other Mauritania None Morocco 28/10/2004 13/09/2005 15/01/2008(*) Oman 17/12/2004 20/03/2006 Qatar 5/11/2004 2/02/2006 5/08/2011 21/10/2011 X Saudi Arabia 1/11/12004 28/03/2006 24/03/2011 Announced in 2012 it will contribute US$ 500.000 to support activities that promote the implementation

• f resolution

1540 (2004) Somalia None Sudan 20/03/2009 Syria 14/10/2004 26/08/2005 29/09/2005 7/11/2005 X Tunisia 10/11/2004 30/01/2008(*) United Arab Emirates 9/12/2004 Yemen 29/12/2004

31

Implementation trends and challenges Implementation trends and challenges

Positive elements of record

• Resolution 1540 is a widely accepted as a legitimate

instrument

• New dynamics, new ways of working at the national level
• Increasing number of measures taken to implement

resolution 1540

• Enhanced cooperation between relevant stakeholders
• Development of networks of networks of non-proliferators
• Integration of efforts at the regional and sub-regional

levels

• Active involvement of a community of providers of

assistance

32

Implementation trends and challenges Implementation trends and challenges

Remaining challenges

• Not all States have submitted a report to the Committee

yet

• Capacity-building challenges. States lack the legal and

regulatory infrastructure, implementation experience and/or necessary resources

• Prioritization issues. Security Vs development?
• Implementation gaps, not always perceived by the

concerned States

• Communication deficits: States facing implementation

challenges are not always making full use of the mechanisms that exist to remedy those challenges

• Experience-sharing remains a challenge: successful

experiences and lessons learned by others are not easily accessible

33

Implementation trends and challenges Implementation trends and challenges

Perspectives

• The long-term extension of the mandate of the 1540

Committee offers the possibility to efficiently plan efforts and allocate resources

• Tailored dialogue / visits to States at their invitation
• Enhancement of the clearinghouse function of the 1540

Committee, to facilitate the delivery of assistance

• Sharing of experience / effective practices, in accordance

with UNSC resolution 1977 (operative paragraph 12)

34

Presenter: Nicolas Kasprzyk 1540 Committee expert United Nations 300 E 42nd St., Suite IN-03071 Tel: +1 (917) 367 9344 (office) E-mail: kasprzyk@un.org

Contact information: Contact information:

1540 Committee Group of experts: Email: 1540experts@un.org Website: http://www.un.org/en/sc/1540/committee/expert-group.shtml Chairman of the 1540 Committee: Secretariat of the 1540 Committee Attention: S.E. M. Kim Sook, 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 Chairman of the 1540 Committee: Secretariat of the 1540 Committee Attention: S.E. M. Kim Sook, 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 1540 Committee website: http://www.un.org/sc/1540 1540 Committee website: http://www.un.org/sc/1540