UNITED NATIONS SECURITY COUNCIL RESOLUTION 1540 (2004) Pacific - - PowerPoint PPT Presentation

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UNITED NATIONS SECURITY COUNCIL RESOLUTION 1540 (2004)

Pacific Islands Forum Working Group on Counter-Terrorism Suva, Fiji, 4 June 2013

XIAODONG LV MEMBER GROUP OF EXPERTS ASSISTING THE UNITED NATIONS SECURITY COUNCIL 1540 COMMITTEE

UNITED NATIONS SECURITY COUNCIL RESOLUTION 1540 (2004)

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Outline

• Background and introduction of UNSCR 1540 (2004)
• The 1540 committee
• Assistance: Request and Offer
• Resolution 1540 (2004) and Counter-Terrorism
• Engagement with PIF
• Implementation in PIF Member Countries
• Step forward

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UN SECURITY COUNCIL RESOLUTION 1540 (2004) – A SHORT INTRODUCTION (1)

• Proliferation of nuclear, chemical

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

• Concerned by 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

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UN SECURITY COUNCIL RESOLUTION 1540 (2004) – A SHORT INTRODUCTION (2)

• Unanimously adopted on 28 April 2004 under Chapter VII of the UN Charter,

and reaffirmed by four subsequent resolutions

• Binding instrument which addresses the threat posed by non-state actors,

including terrorists, of acquiring such weapons or related materials

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

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UN SECURITY COUNCIL RESOLUTION 1540 (2004) – A SHORT INTRODUCTION (3)

• No 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).

• 1968 Nuclear Non-Proliferation Treaty (NPT)
• 1972 Biological (and Toxin) Weapons Convention (BWC)
• 1993 Chemical Weapons Convention (CWC)
• Covers all fields of WMD (nuclear, chemical, and biological) and their

means of delivery, as well as related materials.

• Resolution outlines obligations in relating to what states have to do, but

not how to do, modalities of implementation is a national decision. In adopting resolution 1540 (2004), the Security Council recognized that the primary responsibility for fighting WMD proliferation and potential terrorist use of WMD rests with UN member states themselves.

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UN SECURITY COUNCIL RESOLUTION 1540 (2004) – BASIC OBLIGATIONS

Basic obligations on states: – Refrain from providing any form of support to non-state actors that attempt to develop, acquire, manufacture, possess, transport, transfer or use WMD & means of delivery – Adopt and enforce appropriate effective laws that prohibit any non-state actor such activities, including acting as an accomplice,

• r to assist or to finance

– Domestic controls : (a) accountability, (b) physical protection, (c) border controls and law enforcement efforts and (d) national export and trans-shipment controls, including controls on providing funds and services, such as financing and transporting, criminal or civil penalties for violations

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• Tools of Implementation:
• 1. First report and additional information (169 / 24)
• 2. National Implementation Action plan (NAP): on a voluntary basis

(US, Argentina, Canada, France, Serbia, Belarus, Kyrgyzstan)

• 3. National Point of Contact (PoC) and PoC for Assistance

(including IROs’ designated Point of Contact or 1540 Coordinator )

• 4. Assistance: request and offer (45*+2, 46+12)
• 5. Visits to States, at their invitation (US, Albania, Madagascar,

Congo, Trinidad & Tobago)

• 6. Matrices (192 approved by the Committee and 179 posted on the

1540 website)

UN SECURITY COUNCIL RESOLUTION 1540 (2004)

• TOOLS OF IMPLEMENTATION

* Only 39 requests from Member States are posted on the 1540 website.

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WHAT IS THE “1540 COMMITTEE” ?

• Subsidiary body of the security council, composed of the

fifteen current members of the council, assisted in its work by a Group of Experts (up to nine, by resolution 2055 (2012))

• Current Chair: Amb. Kim Sook, Republic of Korea
• Not a sanctions committee. Does not investigate or

prosecute alleged violations of non-proliferation obligations

• Mandate and scope of activities of the 1540 committee are

derived from resolution 1540 (2004) and subsequent resolutions 1673 (2006), 1810 (2008) and 1977 (2011)

• Current Mandate ends in 2021 (resolution 1977 (2011))
• Four committee Working Groups, representing the four key

areas of work: (I) monitoring and national implementation; (ii) assistance; (iii) cooperation with international organisations; (iv) transparency and media outreach

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HOW TO REQUEST OR OFFER ASSISTANCE ?

• 1540 committee itself does not provide assistance

but has a clearinghouse and match making- role to facilitate assistance by others for implementation of the resolution

• Assistance requests should be formally submitted

by member states to the 1540 committee, ideally by using the assistance templates

• Committee and experts will engage in “match

making”: they will liaise with potential providers of assistance

• States and international, regional and subregional
• rganisations are urged to inform the committee

about areas in which they are able to provide assistance; They should also provide a point of contact for assistance

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CONTRIBUTES TO THE COUNTER-TERRORISM EFFORT OF THE UNITED NATIONS ACCORDING TO THE MANDATE(1)

• A non-proliferation instrument in the form of a Security Council

resolution

• First binding instrument focuses on the dimension of non-State

actors

• Fills some gaps in international law
• Focuses on preventing, not corresponding

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CONTRIBUTES TO THE COUNTER-TERRORISM EFFORT OF THE UNITED NATIONS ACCORDING TO THE MANDATE(2)

• “Expert staff of 1540 Committee” is one of the Counter-Terrorism

Implementation Task Force (CTITF) entities:

• -Cooperates within the framework of the CTITF to ensure overall

coordination and coherence in the counter-terrorism efforts of the United Nations system, in the context of the implementation of the UN Global Counter-Terrorism Strategy

• -Participates in the activities:

CTITF Working Group on Preventing and Responding to WMD Attacks; CTITF Working Group on Border Management Relating to Counter- Terrorism.

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CONTRIBUTES TO THE COUNTER-TERRORISM EFFORT OF THE UNITED NATIONS ACCORDING TO THE MANDATE (3)

• Working together with Security Council committees established

pursuant to resolution 1267 (1999) and 1989 (2011 ) (Al-Qaida and Taliban sanctions ), and 1373 (2001)(Counter-Terrorism)

• -cooperation, coordination and coherence;
• -regular contacts in order to maximize exchange of information and sharing
• f resources;
• -three Committee’s biannual Joint Briefings to the Security Council.
• Working with IROs to continue to participate in outreach activities at

international and regional level

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1540 ENGAGEMENT WITH PIF

1540 Committee and experts’ ongoing dialogues and cooperation with States and organizations on implementation in the Pacific region:

• UNODA-organised workshop on regional implementation of resolution 1540, Vanuatu,

29 April-1May 2009;

• Workshop on radiological material security and safety in the Pacific, Vanuatu, 28 April

2009 (organised by New Zealand under auspices of the Global Initiative to Combat Nuclear Terrorism (GICNT);

• 2009 Oceania Customs Organisation (OCO) Annual Conference (Vanuatu, 4-8 May

2009);

• Annual meetings of the Pacific Working Group on Counter-Terrorism held

consecutively with the PIFS Forum Regional Security Committee (FRSC), June 2008- 2011; for the years 2007-2009, preceded by workshops of the UNODC/TPB-PIFS; and in 2009, WGCT meeting preceded by Ready Pasifika II Exercise

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1540 IMPLEMENTATION IN PIF MEMBER COUNTRIES (1)

(Date of Request: 1 May 2006) General, in particular legislative drafting and border security. X 1 May 2006 Kiribati With technical and financial assistance* (Date of Request: 4 Feb 2008 )* Legislative assistance, and training X 4 Feb 2008 Fiji (Date of Request: 27 Jun 2008 )* Trans-shipment X 27 Jun 2008 Federated States of Micronesia X (PoC for assistance) Through IROs X 28 Oct 2004 8 Nov 2005 Australia Other Visit to state Designated Point of Contact Assistance Offers Assistance Requests National Action Plan Matrices posted Reports to the Committee States

*not as “formal assistance requests ” or not as “formal assistance offer” ; not posted on the 1540 website

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1540 IMPLEMENTATION IN PIF MEMBER COUNTRIES (2)

(Date of Request: 23 November 2004) review of its current national legislation, and particular in the area of trans-shipment controls X 23 Nov 2004 Republic of Marshall Islands (Date of Request: 4 Apr 2008 )* Border Security, national control list X 4 Apr 2008 Nauru X 24 Apr 2008 Papua New Guinea (Date of Request: 10 Apr 2008 )* Legislative assistance, border control X 10 Apr 2008 Palau X (in Pacific region) X 28 Oct 2004 11 Jan 2006 New Zealand Other Visit to state Designated Point of Contact Assistance Offers Assistance Requests National Action Plan Matrices posted Reports to the Committee States

*not as “formal assistance requests ” ; not posted on the 1540 website

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1540 IMPLEMENTATION IN PIF MEMBER COUNTRIES (3)

(Date of Request: 22 Feb 2007 )* Border Security, national control list X 22 Feb 2007 Vanuatu (Date of Request: 13 Mar 2007 )* General request X 13 Mar 2007 Tuvalu (Date of Request: 5 Apr 2006 )* Will advice in due course X 5 Apr 2006 Tonga X Solomon Islands (Date of Request: 13 Apr 2006 )* General request X 13 Apr 2006 Samoa Other Visit to state Designated Point of Contact Assistance Offers Assistance Requests National Action Plan Matrices posted Reports to the Committee States

*not as “formal assistance requests ” ; not posted on the 1540 website

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1540 IMPLEMENTATION IN PIF MEMBER COUNTRIES (4)

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FURTHER ENGAGEMENT WITH PIFS & MEMBER STATES

• PIF Secretariat:
• - Annual WGCT and FRSC
• - Possible designate a regional 1540 Coordinator
• - Other regional events related to resolution 1540 (2004)

for example: export control, border control, nuclear/chemical/biological safety and security, transit and transshipment, proliferation financing, CBRN terrorism

• PIF Member States:
• - Assistance: request and/or offer, match-making
• - National report, additional information, NAP, PoC, effective practice
• - Visits to States, at their Invitation

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HELP US TO COMPILE EFFECTIVE IMPLEMENTATION PRACTICES

• 1540 committee also has the mandate to:

– Promote the sharing of experience, lessons learned and effective practices, in the areas covered by resolution 1540 (2004) and to – Identify effective practices, templates and guidance, with a view to develop a compilation and possibly a technical reference guide which could be used on a voluntary basis

• More contributions are welcome:

– Formal submission through your mission at the UN – Informal submissions to 1540experts@un.org

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CONTACT DETAILS

Chair of the 1540 Committee Secretariat of the 1540 Committee Attention: Chair, 1540 Committee: H.E. Ambassador Kim Sook, 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 1540 Committee Website www.un.org/sc/1540

UNITED NATIONS SECURITY COUNCIL RESOLUTION 1540 (2004)