United Nations Security Council Resolution 1540: Sharing of - - PowerPoint PPT Presentation

United Nations Security Council Resolution 1540:

Sharing of Experiences, Lessons Learned, & Effective Practices

Dana Perkins, PhD 1540 Committee Expert Biological Weapons Convention Meeting of States Parties 9-13 December 2013, Geneva, Switzerland

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

Resolution 1540 (2004): 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.

Definitions for the purpose of resolution 1540 (2004)

• 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

• n 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

Resolution 1540 (2004) and anti-terrorism provisions

• Resolution 1540 (2004) addresses threats 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)

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

Mexico Panama Cuba

…

National Implementation Action Plans -- Excerpts --

Republic of Serbia Republic of Belarus Kyrgyz Republic

• 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 (Republic of Korea) 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

• “[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)

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

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

Main sections of the 1540 matrix [ OP = Operative Paragraph]

• 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 ?

• Measures to account for / secure

production, use, storage, and transport of BW 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

Reporting to the 1540 Committee and excerpts on working with / informing the industry & the public

The Security Council called upon States to report to the 1540 Committee on steps they have taken or intend to take to implement resolution 1540 (2004)

• “Industry is an important stakeholder in combating the proliferation of weapons of mass destruction to non-State

actors, as it implements the measures taken by States in accordance with resolution 1540 (2004) on a daily basis…The German Government emphasizes continued outreach activities to industry and the general public in order to increase awareness and to ensure effective implementation of export controls…”– Germany, 2013 report

• “…the Science, Safety, and Security program…consolidates resources on biosafety, biosecurity, biocontainment, and

biorisk management. Through a website [http://www.phe.gov/s3] and travelling display, the program promotes transparency and broader awareness about the evolving nature of hazardous biological agents, and how to handle and use these agents safely and securely… DHS/CBP, DHS/ICE, HHS/CDC, USDA/APHIS, NNSA, NRC, Commerce, State and Treasury all use four or more kinds of social media to reach their stakeholders and the general public, most commonly Facebook, Flickr, Twitter, and YouTube, but several also employ blogs, chat, Google+, LinkedIn, and Pinterest as U.S. government agencies adapt their outreach efforts to take advantage of new channels of communication and interaction.…”– USA, 2013 report

• “One of the main objectives of the [Philippine Biosafety and Biosecurity] Association is to assist government agencies

in developing a national policy and implementation plan for biosafety and biosecurity. In line with promoting biosafety and biosecurity, key agencies, such as the Research Institute for Tropical Medicine, the Bureau of Animal Industry, the Philippine Animal Health Centre and the University of the Philippines Manila have undergone security upgrades. They are also currently formulating a national policy on laboratory biosafety and biosecurity…”– Philippines, 2013 report Reporting States:171

Non- reporting States: 22

States with one report: 59 States with two

• r more

reports: 112

Reporting to the Security Council

• 1540 Committee’s annual

Program of Work

• Annual review on the

implementation of resolution 1540 (2004)

• Biannual briefing on

cooperation between the Security Council committees 1267 (Al-Qaida Sanctions), 1373 (Counter-terrorism), and 1540

Council Briefed by Heads of Committees on Terrorism and Non-proliferation 27 November 2013 / UN Photo / Ryan Brown

Sharing of national experiences in implementing resolution 1540 (2004)

“To facilitate the sharing of experience, the Committee has prepared a list of relevant

examples which States may wish to refer to in implementing resolution 1540… They were examples that (i) addressed at least one common problem related to the implementation of one or more obligation under resolution 1540 (2004), (ii) were recognized by an authoritative international body to have been shown to be effective or efficient and (iii) a significant number of States had adopted…” ---Annex XVII of the 2008 Committee report to the Security Council “…While annex XVI includes many examples relevant to sharing experience relating to the implementation of resolution 1540 (2004), they do not cover every obligation found in the resolution. However, the Committee can report that several international, regional and subregional

• rganizations or bodies have become more engaged in addressing these gaps in the

traditional non-proliferation infrastructure, for example, the increasing interest shown by OPCW in security for chemical facilities, or the European Union and G-8 in considering assistance. The Committee will continue to contribute to such work and promote new efforts by helping to identify gaps.”--- Annex XVI of the 2011 Committee report to the Security Council

***

“…States have tabled papers on improving the standards for biological accountancy, security and physical protection in the context of implementing the Biological Weapons

• Convention. Several key international organizations have begun to develop guidance
• n topics relevant to the implementation of paragraph 3 (a) and (b) of resolution 1540

(2004). The Implementation Support Unit of the Biological Weapons Convention has contributed to the identification of possible practices of interest by posting on its website laws, decrees and regulations… … WHO also has a role in developing standards related to the safety and security of biological materials. It has released the third edition of its Laboratory Biosafety Manual, which includes guidance on laboratory biosecurity and regulations for the transport of infectious substances… [The] Health Response to Biological and Chemical Weapons: WHO Guidance (2004), includes information designed to guide preparedness for and response to the deliberate use of biological and chemical agents that affect health. Furthermore, after 2008 WHO issued an update to the 2002 original guidelines Terrorist Threats to Food — Guidelines for Establishing and Strengthening Prevention and Response Systems…” Excerpts from Annex XVI of the 2011 Committee report to the Security Council

***

“…Engaging civil society in implementation of resolution 1540 (2004) remains an important yet difficult task for States. States seem willing to share experience in implementing their efforts, but often on an ad hoc basis. In this regard, the Committee is in a good position to facilitate sharing of experience by States in outreach to industry and the public, given its systematic collection of data in these areas… … The diversity of relevant organizations means that several networks for sharing experiences, both formal and informal, exist. States and the Committee could use them, including a network of networks, to facilitate implementation. Even where sharing information poses difficulties, current mechanisms could be used for enhancing the sharing of experience…”

Excerpts from Annex XVI of the 2011 Committee report to the Security Council

*** http://www.un.org/en/sc/1540/experiences.shtml

“On behalf of the Security Council Committee established pursuant to resolution 1540 (2004), I have the honour to call your attention to the following provisions of resolution 1977 (2011). Operative paragraph 10 of resolution 1977 (2011) urges the 1540 Committee to continue to engage actively with States and relevant international, regional and subregional organizations to promote the sharing of experience, lessons learned and effective practices, in the areas covered by resolution 1540 (2004) drawing, in particular, on information provided by States as well as examples of successful assistance, and to liaise on the availability of programmes which might facilitate the implementation of resolution 1540 (2004). Operative paragraph 12 of resolution 1977 (2011) requests the 1540 Committee, with the support of the group of experts, to identify effective practices, templates and guidance, with a view to develop a compilation, as well as to consider preparing a technical reference guide about resolution 1540 (2004) to be used by States on a voluntary basis in implementing resolution 1540 (2004). In this context, I would appreciate it if your Government would inform the 1540 Committee of its relevant effective experience, lessons learned and effective practice, in the areas covered by resolution 1540 (2004). Such information will be used by the 1540 Committee in accordance with operative paragraph 12 of resolution 1977 (2011) to develop a compilation that will be posted on the 1540 Committee’s website…”— Ambassador Oh Joon, Chair of the 1540 Committee, Letter to States dated 04 November 2013

Sharing of experience, lessons learned and effective practices in bio risk management

Oh Joon 1540 Committee Chair, Ambassador and Permanent Representative

• f the Republic of Korea to

the United Nations

Address submissions to: Ambassador Oh Joon 1540 Committee Chair 730 Third Avenue, TB-08040E United Nations, New York NY 10017, USA Fax: 212-963-1300 Email: sc-1540-Committee@un.org

Dana Perkins, PhD

1540 Committee Expert United Nations 300 East 42nd St., Suite IN-03074H New York, NY 10017 Tel: +1 (917) 367 6023 (office) E-mail: PerkinsD@un.org

Contact information

Collective e-mail: 1540experts@un.org Website: http://www.un.org/sc/1540