UN Security Council resolution 1540 (2004): UN Security Council - - PowerPoint PPT Presentation

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UN Security Council resolution 1540 (2004): UN Security Council - - PowerPoint PPT Presentation

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UN Security Council resolution 1540 (2004): UN Security Council resolution 1540 (2004): UN Security Council resolution 1540 (2004): National implementation and reporting, Part 1 National implementation and reporting, Part 1 National

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Workshop on the Implementation of UN Security Council Resolution Workshop on the Implementation of UN Security Council Resolution 1540 (2004) 1540 (2004) Pretoria, South Africa, 21 Pretoria, South Africa, 21-

  • 22 November 2012

22 November 2012

UN Security Council resolution 1540 (2004): National implementation and reporting, Part 1 UN Security Council resolution 1540 (2004): UN Security Council resolution 1540 (2004): National implementation and reporting, Part 1 National implementation and reporting, Part 1

Nicolas Kasprzyk Nicolas Kasprzyk 1540 Committee expert 1540 Committee expert

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  • Resolution 1540 highlights
  • The role of the 1540 Committee
  • Facts about 1540 implementation

Outline Outline

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_____________ __ __ _____ _____________ __ __ _____ Resolution 1540 highlights Resolution 1540 highlights

  • A response to the risk

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

  • f delivery
  • Adopted 28 April 2004 by

the UN Security Council at the unanimity of its members and followed by UNSCR 1673 (2006), 1810 (2008), 1977 (2011) and 2055 (2012)

… …

  • Adoption of Res. 1977 (credit photo UN Debra Berkowitz)
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_____________ __ __ _____ _____________ __ __ _____ Resolution 1540 highlights Resolution 1540 highlights

  • Covers nuclear, chemical

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

  • Defines related materials

as materials, equipment and technology covered by relevant treaties and arrangements, or included on national control lists, which could be used for weapons of mass destruction purposes

The scope of the resolution is

not limited to weapons of mass destruction and their means of delivery: it extends also to relevant materials, equipment and technology

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_____________ __ __ _____ _____________ __ __ _____ Resolution 1540 highlights Resolution 1540 highlights

  • Imposes obligations upon

States to prevent proliferation activities by non-State actors

  • Defines a non-State actor

as an individual or entity, not acting under the lawful authority of any State in conducting activities which come within the scope of the resolution

The resolution is respectful of

legitimate activities (i.e. legitimate industrial or trade activities) conducted under the lawful authority of a State

The overall approach of

resolution 1540 is to rely on States to prevent proliferation activities from non-State actors

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_____________ __ __ _____ _____________ __ __ _____ Resolution 1540 highlights Resolution 1540 highlights

  • 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

Resolution 1540, operative paragraph 1

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_____________ __ __ _____ _____________ __ __ _____ Resolution 1540 highlights Resolution 1540 highlights

  • 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

  • f the foregoing activities, participate in them as

accomplice, assist or finance them

Resolution 1540, operative paragraph 2

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_____________ __ __ _____ _____________ __ __ _____ Resolution 1540 highlights Resolution 1540 highlights

  • All States shall take and enforce effective measures to

establish domestic controls to prevent the proliferation

  • f nuclear, chemical or 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

Resolution 1540, operative paragraph 3 (a) and (b)

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_____________ __ __ _____ _____________ __ __ _____ Resolution 1540 highlights Resolution 1540 highlights

  • All States shall take and enforce effective measures to

establish domestic controls to prevent the proliferation

  • f nuclear, chemical or 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

Resolution 1540, operative paragraph 3 (c) and (d)

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_____________ __ __ _____ _____________ __ __ _____ Resolution 1540 highlights Resolution 1540 highlights

  • Recognizes the utility in implementing this resolution
  • f effective national control lists and calls upon

Member States, when necessary, to pursue at the earliest opportunity the development of such lists

Resolution 1540, operative paragraph 6

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_____________ __ __ _____ _____________ __ __ _____ Resolution 1540 highlights Resolution 1540 highlights

  • Calls upon all States to develop appropriate ways to

work with and inform industry and the public

Resolution 1540, operative paragraph 8 (d)

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_____________ __ __ _____ _____________ __ __ _____ Resolution 1540 highlights Resolution 1540 highlights

Assistance and capacity-building:

  • [The Security Council] recognizes that some States

may require assistance in implementing the provisions of the resolution and invites States in a position to do so to

  • ffer assistance as appropriate in response to specific

requests to the States lacking the legal and regulatory infrastructure implementations experience and/or resources (Resolution 1540, operative paragraph 7)

  • Urges the 1540 Committee to continue strengthening

the Committee’s role in facilitating technical assistance

(Resolution 1977, operative paragraph 15)

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_____________ __ __ _____ _____________ __ __ _____ Resolution 1540 highlights Resolution 1540 highlights

Cooperation with IROs:

  • [the Security Council] encourages relevant

international, regional and sub-regional organizations 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 1540, operative paragraph 7)

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_____________ __ __ _____ _____________ __ __ _____ Resolution 1540 highlights Resolution 1540 highlights

Cooperation with IROs:

  • calls upon (States and) relevant IROs to designate and

provide the 1540 Committee with a point of contact for assistance (Resolution 1977, operative paragraph 14)

  • Calls upon relevant IROs to designate and provide the

1540 Committee with a PoC or coordinator for the implementation of resolution 1540 (Resolution 1977,

  • perative paragraph 18)
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_____________ __ __ _____ _____________ __ __ _____ Resolution 1540 highlights Resolution 1540 highlights

Transparency:

  • [the Security Council] requests the 1540 Committee to

continue to institute transparency measures and activities (Resolution 1977, operative paragraph 20)

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Functioning of the 1540 Committee Functioning of the 1540 Committee

  • Subsidiary body of the

Security Council, with its current mandate to 2021

  • Chairman: H.E.Mr Baso

Sangqu (South Africa)

  • Vice-Chairs: Azerbaijan,

Portugal and UK

  • Members: Azerbaijan,

China, Colombia, France, Germany, Guatemala, India, Morocco, Pakistan, Portugal, Russian Federation, South Africa, Togo, UK, US

Principles: Principles:

  • Transparency
  • Equal treatment
  • Cooperation
  • Consistency in the approach

Methods: Methods:

  • Annual Programs of Work
  • Annual Reviews
  • Comprehensive reviews every 5

years

  • Working groups to focus on

important and recurrent issues http://www.un.org/en/sc/1540 http://www.un.org/en/sc/1540

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Functioning of the 1540 Committee Functioning of the 1540 Committee

“To that end, the Security Council has extended the mandate of the Committee for 10 years and encourages continued and active support from States. Additionally, the Committee recommends that it, States and international, regional and subregional organizations in cooperation, where appropriate, with academia, industry and civil society should take a long-term approach that can contribute to national implementation of resolution 1540 (2004).”

2011 Report to the Security Council (S/2011/579)

The long-term perspective given to

the 1540 Committee by the UN Security Council represents an

  • pportunity for better planning by

all relevant stakeholders

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Functioning of the 1540 Committee Functioning of the 1540 Committee

Four working groups open to all members of the Committee:

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

  • Monitoring and national implementation (Coordinator:

Germany)

  • Assistance (Coordinator: France)
  • Cooperation with IROs including 1267 / 1989 and

1373 Committees (Coordinator: Togo)

  • Transparency and media outreach (Coordinator: US)
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Functioning of the 1540 Committee Functioning of the 1540 Committee

Support to the 1540 Committee by:

http://www.un.org/en/sc/1540/committee/expert http://www.un.org/en/sc/1540/committee/expert-

  • group.shtml

group.shtml

  • A Group of experts established

by the Secretary-General after consultations with the 1540 Committee

  • Up to 9 experts in the Group, in

accordance with resolution 2055 (2012)

  • The coordinator of the experts

is designated by the Secretary- General

Terrence Taylor, coordinator

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Functioning of the 1540 Committee Functioning of the 1540 Committee

Support to the 1540 Committee by:

http://www.un.org/en/sc/1540/committee/secretariat http://www.un.org/en/sc/1540/committee/secretariat-

  • support.shtml

support.shtml

  • The UN Office for Disarmament Affairs
  • The Department for Political Affairs
  • Other relevant UN Secretariat entities
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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

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Implementation facts Implementation facts

“The submission by States to the Committee of a first report on steps they have taken or intend to take is considered an initial step towards implementation of the resolution.”

2011 Annual Review, S/2012/79

…

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Implementation facts Implementation facts

Cape Verde Central African Republic Chad Comoros DPRK Equatorial Guinea Gambia Guinea Guinea Bissau Haiti Lesotho Liberia Malawi Mali Mauritania Mozambique Sao Tome and Principe Solomon Islands Somalia South Sudan Swaziland Timor-Leste Zambia Zimbabwe

States that have not submitted a report yet as at 19 November 2012

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Implementation facts Implementation facts

The 1540 Matrix: Submitted by the experts to the approval of the Committee A Matrix for each UN Member State 382 cells with three possible entries: “X”, “?”, or blank Based on information submitted by States Not a tool for assessment: a tool for dialogue Posted on the 1540 Committee website with consent of State

http://www.un.org/en/sc/1540/national http://www.un.org/en/sc/1540/national-

  • implementation/matrix.shtml

implementation/matrix.shtml

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Implementation facts Implementation facts

1540 Matrix sample

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Implementation facts Implementation facts

On the basis of the data for UN African Group members, as extracted from the 1540 Committee Matrices. With technical support from UNODA/Chen Wang

Resolution 1540 / Operative paragraph 2 (legal framework)

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Implementation facts Implementation facts

On the basis of the data for UN African Group members, as extracted from the 1540 Committee Matrices. With technical support from UNODA/Chen Wang

  • Res. 1540 / Operative paragraph 3 (a) and (b) (securing/accounting/protecting))
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Implementation facts Implementation facts

On the basis of the data for UN African Group members, as extracted from the 1540 Committee Matrices. With technical support from UNODA/Chen Wang

  • Res. 1540 / Operative paragraph

(c) and (c) (border control / expo control)

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