Resolution 1540 (2004) Resolution 1540 (2004) Nicolas Kasprzyk - - PowerPoint PPT Presentation
Resolution 1540 (2004) Resolution 1540 (2004) Nicolas Kasprzyk Nicolas Kasprzyk 1540 Committee expert 1540 Committee expert WORKSHOP ON THE IMPLEMENTATION OF UNITED NATIONS SECURITY COUNCIL L WORKSHOP ON THE IMPLEMENTATION OF UNITED NATIONS
Nicolas Kasprzyk Nicolas Kasprzyk 1540 Committee expert 1540 Committee expert
WORKSHOP ON THE IMPLEMENTATION OF UNITED NATIONS SECURITY COUNCI WORKSHOP ON THE IMPLEMENTATION OF UNITED NATIONS SECURITY COUNCIL L RESOLUTION 1540 (2004) RESOLUTION 1540 (2004)
Addis Ababa, Ethiopia Addis Ababa, Ethiopia 10 10-
11 December 2013
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chemical and biological weapons, as well as their means of delivery, constitutes a threat to international peace and security
risk that non-State actors,…,may acquire, develop, traffic in or use nuclear, chemical and biological weapons and their means of delivery
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materials and equipments, in a context of intensification of international exchanges
Vessels cruising off West African on 3 December 2013,
Identification System. Cargo vessels appear in green (cartography: http://www.marinetraffic.com) One of the many cargo vessels cruising off West Africa
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know-how, increasingly available to non-State actors
developments that change the nature of the threat
A few samples of recent facts observed (using INTERPOL CBRNE Intelligence Report / open sources)
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Charter, and followed by UNSCR 1673 (2006),1810 (2008), 1977 (2011) and 2055 (2012).
for a period of 10 years until 25 April 2021.
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
WHAT IS THE 1540 COMMITTEE?
transparency.
derived from UNSCR 1540 and its follow-up resolutions; the current mandate ends in 2021.
(I) Monitoring and National Implementation; (II) Assistance; (III) Cooperation with International Organisations; (IV) Transparency and Media Outreach.
UN Department of Political Affairs (DPA) (DPA) serves as the secretariat to the Committee, while the UN Office for UN Office for Disarmament Affairs Disarmament Affairs (UNODA) (UNODA) provides operational administrative and logistical support.
Ambassador Oh Joon and 1540 Committee experts (New York, 8 November 2013)
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proliferation of weapons of mass destruction (WMD) and their means of delivery represents a threat to international peace and security.
to prevent the proliferation of WMD and their means of delivery to non-State actors.
non-State actors to manufacture, acquire, possess, develop, transport, transfer, or use WMD and their means of delivery in particular for terrorist purposes.
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States actors in proliferation activities.
resolution says what to do, not how.
primary responsibility for fighting WMD proliferation and potential terrorist use of WMD rests with UN member States themselves.
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their means of delivery, as well as related materials. Definition, for the purpose of this resolution only: 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. Means of Delivery: missiles, rockets and other unmanned systems capable of delivering nuclear, chemical, or biological weapons, that are specially designed for such use.
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responsibilities of IAEA and OPCW (operative Paragraph 5 of R. 1540).
legal obligations under treaties to which they are parties,
the proliferation of nuclear, chemical or biological weapons, and have taken effective measures to account for, secure and physically protect sensitive materials” (preamble, R. 1540)
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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)
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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
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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
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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
establishing appropriate controls over related materials and to this end shall:
account for and secure items in production, use, storage or transport;
measures
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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
establishing appropriate controls over related materials and to this end shall:
and law enforcement efforts to detect, deter, prevent and combat the illicit trafficking and brokering in such items;
controls […] including to control export, transit, trans-shipment and re-export
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The scope and depth of the different obligations set upon States call for a close cooperation between different institutional communities:
No size fits all: institutional solutions / frameworks vary from a State to another.
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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
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Operative paragraph 8 (d) of resolution 1540: Calls upon all States to develop appropriate ways to work with and inform industry and the public
« The future of African economic growth – and the futures of millions of Africans and thousands of African communities – is closely tied to the private sector.” African Development Bank Group, Private Sector Development Strategy 2013-2017
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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
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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 The Security Council mandated the 1540 Committee to exert a clearinghouse function, facilitating match-making between requests and offers of assistance
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States are encouraged to prepare on a voluntary basis national implementation action plans (NAP), with the assistance of the 1540 Committee as appropriate, mapping out their priorities and plans for implementing resolution 1540 Valuable to enhance inter- agency coordination for, inter alia, gap analysis, prioritisation, identification of assistance needs
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invitation The 1540 Committee visits States, at their invitation, to discuss any matter related to the implementation of resolution 1540 (2004), such as national implementation efforts, assistance needs, first report / additional information, national action plans 8 visits to States have been conducted so far (USA, Albania, Congo, Madagascar, Trinidad and Tobago, Grenada, Republic of Korea, Burkina Faso). Upcoming visits to Niger, Mozambique and others
US visit, Dept. of Health & Human US visit, Dept. of Health & Human Services, Services, BSL BSL-
4 training facility
Burkina Faso, 11-15 November 2013
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Cooperation with international, regional and sub-regional organizations
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)
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Regional Organisations
(Illustrative list only)
– African Union (AU) – UNREC (Lome, Togo) – EAC, CEN-SAD, ECCAS, ECOWAS, IGAD, UMA, NARC, COMESA, SADC.. – ASEAN Regional Forum (ARF) – Central American Integration System (SICA) – Collective Security Treaty Organisation (CSTO) – Commonwealth of Independent States (CIS) – European Union (EU) – Caribbean Community (CARICOM) – Organisation of American States (OAS) – Organisation for Security and Co-operation in Europe (OSCE) – Pacific Islands Forum (PIF)
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Cooperation with international, regional and sub-regional organizations
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
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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
by the concerned State by the concerned State
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 Matrix template has been reviewed in 2013, for increased user 2013, for increased user-
friendliness
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
States may also use them for self States may also use them for self-
assessment
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“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
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“Affirming that prevention of proliferation of nuclear, chemical and biological weapons should not hamper international cooperation in materials, equipment and technology for peaceful purposes while goals of peaceful utilization should not be used as a cover for proliferation”
(Resolution 1540, PP. 7)
Visit to Grenada, 29-31 July 2013
1540 group of experts, INTERPOL, BWC-ISU and VERTIC (courtesy Dana Perkins)
“Calls upon States to renew and fulfill their commitment to multilateral cooperation, in particular within the framework of the IAEA, the OPCW and the BTWC, as important means of pursuing and achieving their common
non-proliferation and of promoting international cooperation for peaceful purposes”
(Resolution 1540, OP 8)
« An important contribution would thereby also be made to create an environment that would more effectively support economic development »
behalf of the 1540 Committee, Ouagadougou, Burkina Faso, 12 November 2013
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CONTACT DETAILS
Chair of the 1540 Committee
Attention: Chair, 1540 Committee: H.E. Ambassador Oh, Joon, Permanent Representative of the Republic of Korea to the United Nations 730 Third Avenue, TB-08040E, United Nations, New York, NY 10017 Fax: +1 (212) 963-1300, Email: sc-1540-Committee@un.org 1540 Committee Group of Experts 300 East, 42nd Street, Third Floor, New York, NY 10017 Fax:+1 (917) 367 9358, Email: 1540experts@un.org, kasprzyk@un.org
1540 Committee Website: www.un.org/sc/1540