[PPT] - United Nations Security Council Resolution 1540 and the Biological PowerPoint Presentation

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United Nations Security Council Resolution 1540 and the Biological Weapons Convention:

Perspectives on Central America and the Caribbean

Dana Perkins, PhD 1540 Committee Expert

Unless otherwise specified, the opinions presented here are those of the presenter and may not necessarily reflect the views of the 1540 Committee, its Group of Experts, or the UN Security Council

Regional Workshop on National Implementation of the Biological Weapons Convention for Central America and the Caribbean, 13-14 November 2013, Mexico City, Mexico

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Resolution 1540 (2004) Adopted under Chapter VII of UN Charter: A Response to Threats to Peace and Security

Refrain from providing any form

f support to non-State actors

that attempt to develop, acquire, manufacture, possess, transport, transfer or use nuclear, chemical

r biological weapons and their

means of delivery Adopt and enforce appropriate effective laws prohibiting activities involving the proliferation

f

such weapons and their means of delivery to non-State actors, in particular for terrorist purposes, as well any attempts to engage in such activities, assist or finance them

Legally binding obligations on all States under Resolution 1540 (2004), to:

Implement and enforce appropriate controls

ver related materials in order to:

Account for and secure items in production, use, storage or transport; Physically protect; Detect, deter, prevent and combat the illicit trafficking and brokering through effective border controls an law enforcement efforts; Control the export, transit, trans-shipment and re-export and the provision of funds and services related to such export and trans-shipment that would contribute to proliferation; Penalize violations.

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Means of delivery: missiles, rockets and other

unmanned systems capable of delivering nuclear, chemical, or biological weapons, that are specially designed for such use

Non-State actor: individual or entity, not acting

under the lawful authority of any State in conducting activities which come within the scope of this resolution

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 Definitions for the purpose of resolution 1540 (2004)

God Defeats Evil, a sculpture created by Zurab Tsereteli from scrapped American and Soviet missiles,

n the grounds of

the United Nations in New York

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Illustrative Example

http://www.unog.ch/80256EE600585943/(httpPages)/29B727532FECBE96C12571860035A6DB?OpenDocument Anthrax Leahy Letter Powder: FBI (public domain) Gruinard Island: Site of British anthrax experiment during WWII Source: http://www.gifte.de/gruinard_island_bild01.htm “Two R-400A bombs photographed by UNSCOM inspectors at Murasana Airfield near the Al Walid Airbase in late 1991 bearing the markings indicating they were to be filled with botulinum toxin…”- http://www.fas.org/irp/cia/product/Iraq_Oct_2002.pdf Anthrax cultures: CDC/Dr. James Feeley, Public Health Image Library #1165

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Resolution 1540 (2004) and anti-terrorism provisions

Resolution 1540 (2004) imposes obligations under

Chapter VII to deal with the threat to peace and security posed inter alia by links between terrorism, non-State actors and WMDs

The Security Council has encouraged States to

unilaterally define terrorism in national law

While not expressly framed as a definition, the

Security Council recalls that the following acts are never justifiable:

“. . . criminal acts, including against civilians, committed with the intent to cause death or serious bodily injury, or taking of hostages, with the purpose to provoke a state of terror in the general public or in a group of persons or particular persons, intimidate a population or compel a government or an international

rganization to do or to abstain from doing

any act, which constitute offences within the scope of and as defined in the international conventions and protocols relating to terrorism…” and “calls upon all States to prevent such acts…”– Security Council resolution 1566 (2004)

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Anti-terrorism provisions and BWC in national reports to the 1540 Committee

Mexico Panama Cuba

…

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BWC and resolution 1540 (2004) are mutually reinforcing “[Security Council] calls upon States to renew and fulfill their commitment to multilateral cooperation, in particular within the framework of the International Atomic Energy Agency, the Organization for the Prohibition of Chemical Weapons and the Biological and Toxin Weapons Convention, as important means of pursuing and achieving their common objectives in the area of non-proliferation and of promoting international cooperation for peaceful purposes… [and] promote the universal adoption and full i m p l e m e n t a t i o n , a n d , w h e r e n e c e s s a r y, strengthening of multilateral treaties to which they are parties, whose aim is to prevent the proliferation

f nuclear, biological or chemical weapons”

– Security Council Resolution 1540 (2004)

Security Council Meets on Non-Proliferation of WMDs UN Photo: Eskinder Debebe, 28 April 2004

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BWC and resolution 1540 (2004) are mutually reinforcing

[BWC States Parties] noted that “information provided to the United Nations by states in accordance with Resolution 1540 may provide a useful resource for States Parties in fulfilling their obligations unde r t hi s A rt ic le [ 4 ] ”

– Final Declaration of BWC States Parties at the 7th Review Conference

The Seventh Review Conference of the Biological Weapons Convention, 5-22 December 2011, Photo: Dana Perkins

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BWC Meeting of Experts, 12-16 August 2013

The 1540 Committee was invited for the first time to pr esent in the BW C plenary, proving the C h a i r ’ s m o t t o

f

“bringing in more voices” t o t h e B W C f o r u m

1540 presentation at the BWC MX, 15 August 2013 / Photo: James Revill Current and former 1540 experts at the 2013 BWC MX / Photo: Lela Bakanidze

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Report of the 2013 BWC Meeting of Experts

http://www.unog.ch/80256EDD006B8954/(httpAssets)/4FCA57B69503A1DCC1257BF2003B4A6A/$file/Advance-BWC_MSP_2013_MX_3-report.pdf

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“…Global cooperation in upholding resolution 1540 is vital in preventing WMD proliferation and terrorism. I appreciate the Security Council 1540 Committee’s contributions to this great cause. Participants at the nuclear security summit, both in Washington D.C. and Seoul, have expressed overwhelming support for the work of this resolution. The United Nations and its Member States are working hard to ensure that weapons of mass destruction are never used again by anyone, anywhere…”

Secretary-General Ban Ki-Moon, remarks at event on "Preventing the Proliferation

f Weapons of Mass Destruction to Non-

State Actors : The Implementation of Resolution 1540 (2004) in the Arab World“, hosted by the Permanent Mission of Saudi Arabia to the United Nations, 22 April 2013

http://www.unmultimedia.org/radio/english/2013/04/the-possibility- that-terrorist-groups-could-obtain-weapons-of-mass-destruction- should-not-be-dismissed-as-a-fiction-ban/

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The 1540 Committee established

pursuant to resolution 1540 (2004) is a subsidiary body of the Security Council

The current Group of Experts

was established per resolutions 1977 (2011) and 2055 (2012) “to assist the Committee in carrying

ut its mandate…”

1540 Committee Chair (ROK) 1540 Committee Member 1540 Group of Experts Member

“[Security Council] expresses its intention to monitor closely the implementation

f this resolution and, at the appropriate level, to take further decisions which

may be required to this end”- Security Council Resolution 1540 (2004) 1540 Committee and its Group of Experts

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“[The Security Council]

decides that Member States shall inform immediately the Security Council of any violation of resolution 1540 (2004), including acquisition by non-State actors of chemical weapons, their means of delivery and related materials in order to take necessary measures therefore”- Security Council Resolution 2118 (2013)

The use of BW (or CW) would constitute prima facie evidence of a breach of international obligations

Members of the Security Council vote on resolution 2118 UN Photo/Mark Garten (27 September 2013)

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The 1540 Architecture

UN Security Council (2013 structure)

Monitoring & national implementation Assistance

Cooperation with international

rganizations, including the Security

Council committees established pursuant to resolutions 1267 (1999) and 1373 (2001)

Transparency & media outreach

1540 Committee

Group of Experts

UN Office for Disarmament Affairs UN Department

f Political

Affairs

Regional and sub-regional seminars and workshops

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Monitoring national implementation

States’ national

reports and updates

States’ national

points of contact

States’ voluntary

national action plans

Visits to States

at their invitation

Country-specific

activities and dialogue

Committee’s

1540 matrix

Assistance and cooperation Transparency and

utreach

Reporting to the Security Council

The Group of Experts supports the process

Matchmaking of

requests and offers of assistance

Cooperation with SC

committees 1267 & 1373 and international/ regional organizations

Committee members

and experts’ participation in

utreach events
1540 Committee

website

1540 Compass journal
Committee’s annual

Program of Work

Annual review on the

implementation of resolution 1540 (2004)

Biannual briefing on

cooperation between the SC committees 1267, 1373, and 1540

The 1540 Process

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The 1540 Matrix

A “1540 Matrix” is prepared by the

1540 Committee for each State

A matrix has 389 “fields” covering

activities related to the operative paragraphs (OP) of the resolution

When completed, the matrix links

the obligations of resolution 1540 (2004) with national implementation measures

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Committee-approved matrices are posted online (all matrices are currently being updated)

http://www.un.org/en/sc/1540/national-implementation/1540-matrix/committee-approved-matrices.shtml

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1540 matrix – main sections

OP 1 and related matters from OP 5, OP 6, OP 8 (a), (b), (c) and OP 10

– Legally binding instruments, organizations, codes of conduct, arrangements, statements and other issues.

OP 2 ‐ Nuclear, Chemical, and Biological Weapons (NW, CW and BW)

– Does national legislation exist which prohibits persons or entities to engage in the specified activities ? Can violators be penalized ?

OP 3 (a) and (b) ‐ Account for/Secure/Physically protect NW, CW and BW,

including Related Materials

– Are any of the following measures, procedures or legislation in place to account for, secure or otherwise protect NW, CW, BW and Related Materials? Can violators be penalized ? – OP 3 (a) and (b) ‐ Account for/Secure/Physically protect NCBW including Related Materials (NW, CW and BW- specific, respectively)

OP 3 (c) and (d) and related matters from OP 6 and OP 10 ‐ Controls of NW, CW

and BW, including Related Materials

– Which of the following legislation, procedures, measures, agencies exist to control border crossings, export/import and other transfers of NW, CW, BW and Related Materials ? Can violators be penalized ?

OP 6, 7 and 8 (d) ‐ Control lists, Assistance, Information

– Can information be provided on the specific issues ?

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Measures to account for / secure

production, use, storage, and transport of BW and related materials

Regulations for physical protection of

facilities / materials / transports

Licensing / registration of facilities /

people handling bio materials

Reliability check of personnel
Measures to account for / secure /

physically protect means of delivery

Regulations for genetic engineering

work

Other legislation / regulations related

to safety and security of biological materials

EXCERPT FROM THE NEW MATRIX TEMPLATE

Reference to BWC CBMs 1540 Matrix – fields for accounting/securing/physically protecting BW - related materials

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Status of reporting to the 1540 Committee (data as of 11 Nov 2013)

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 (2004)

States that have already submitted such

report are encouraged to provide additional information when appropriate or upon the request of the Committee

List of States yet to submit a first report as of 11 November 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. Malawi
13. Mali
14. Mauritania
15. Mozambique
16. Sao Tome and Principe
17. Solomon Islands
18. Somalia
19. Swaziland
20. Timor-Leste
21. Zambia
22. Zimbabwe

Reporting States:171

Non- reporting States: 22

States with one report: 60 States with two

r more

reports: 111

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Status of reporting for Central America: no. of reports, dates of reporting, and PoCs

Belize --------- 3 (2004, 2005 and 2008) Costa Rica -- 2 (2004 and 2008) El Salvador --1 (2005) Guatemala ---1 (2004) Honduras --- 2 (2006 and 2008) Mexico ------- 5 (2004, 2006, 2007, 2008, 2013) Nicaragua --- 1 (2007) Panama ------ 3 (2004, 2006, and 2013)

National Reports:

Belize Costa Rica El Salvador Guatemala Honduras Mexico Nicaragua Panama

National Points of Contact:

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Antigua and Barbuda Bahamas Barbados Cuba Dominica Dominican Republic Grenada Haiti Jamaica Saint Kitts and Nevis Saint Lucia Saint Vincent and the Grenadines Trinidad and Tobago

Status of reporting for Caribbean states: no. of reports, dates of reporting, PoCs

Antigua and Barbuda ------------------- 1 (2006) Bahamas ------------------------------------1 (2004) Barbados ----------------------------------- 1 (2008) Cuba ------------------------------------------ 3 (2004, 2004 & 2005) Dominica ------------------------------------ 1 (2008) Dominican Republic --------------------- 1 (2009) Grenada -------------------------------------- 1 (2005) Haiti -- NONE Jamaica -------------------------------------- 2 (2005 & 2013) Saint Kitts and Nevis -------------------- 1 (2008) Saint Lucia------------------------------------1 (2009) Saint Vincent and the Grenadines -- 1 (2008) Trinidad and Tobago -------------------- 1 (2006)

National Reports: National Points of Contact:

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National Implementation Action Plans

“[Security Council] encourages all

States 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 the key provisions of resolution 1540 (2004), and to submit those plans to the 1540 Committee” –

Security Council Resolution 1977 (2011)

National Action Plans submitted to the

1540 Committee by: United States (2007); Argentina (2009); Canada (2010); France (2011); Serbia (2012); Belarus (2012); and Kyrgyzstan (2013)

http://www.un.org/en/sc/1540/national-implementation/national-action-plans.shtml National Implementation Action Plan drafting session with the representatives of Bosnia and Herzegovina’s ministries and agencies, organized by the OSCE in cooperation with UNODA, 3-5 April 2013, Vienna, Austria / Photo: OSCE Armenian national roundtable to discuss the implementation of resolution 1540 (2004) and Armenia’s National Implementation Action Plan, organized by the Government of Armenia and OSCE in cooperation with UNODA, 24-26 Sep 2013, Yerevan, Armenia / Photo: Armenian Ministry of Foreign Affairs

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National Implementation Action Plans -- Excerpts --

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1540 Committee Visits to States

“[Security Council] encourages… the 1540

Committee, with the support of necessary relevant expertise, to actively engage in dialogue with States

n the implementation of resolution 1540 (2004),

including through visits to States at their invitation” – Security Council Resolution 1977 (2011)

States visited up to date: United States (2011);

Albania (2012); Madagascar (2012); Republic of the Congo (2012); Burkina Faso (2013); Trinidad and Tobago (2013); Grenada (2013)

Upcoming visits: Mozambique, Niger, Republic of

Korea, and Republic of Moldova

Trinidad and Tobago visit: Acting Prime Minister Winston Dookeran, right, speaks to Ambassador Kim Sook, former chairman of the UN Security Council 1540 Committee -

Photo: Jermaine Cruickshank

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Resolution 1540 (2004): Bio outreach

“[Security Council] requests the 1540 Committee to continue to
rganize and participate in outreach events… and promote the

refinement of these outreach efforts to focus on specific thematic and regional issues related to implementation”– Security Council Resolution 1977 (2011)

Since the adoption of resolution 1540 (2004) only two

international workshops were organized by States to discuss the implementation of resolution 1540 (2004) in the bio area:

Implementing UN Security Council Resolution 1540 to combat the

proliferation of biological weapons, Geneva, Switzerland (2005)

Africa Regional Biosafety and Biosecurity Workshop on Implementation
f UN Security Council Resolution 1540, Nairobi, Kenya (2010)
Upcoming: Risks, Challenges and Responses: Industry’s

Effective Practices in Responding to Biosecurity Risks - A Conference in Support of Implementing UN Security Council Resolution 1540 (2004), 3-4 December 2013, Wiesbaden, Germany, organized by Germany in cooperation with UNODA and the EU Outreach in Export Controls of Dual-Use Goods

10 20 30 40 50 60 70 2011 2012 2013-October Total no. of outreach events Bio-related outreach events

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“Trinidad and Tobago remains committed to the achievement of the objectives contained in resolution 1540 and other multilateral initiatives on the question of international peace and security and disarmament. Trinidad and Tobago sees the attainment of international peace and security as a sine qua non of the economic and sustainable development of all regions of the world.”

- Excerpt from the Annex to the note verbale dated 7 April 2006 from the Permanent Mission of Trinidad and Tobago to the United Nations addressed to the Chairman of

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