UNSC Resolution 1540: implementation and UNSC Resolution 1540: - - PowerPoint PPT Presentation

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UNSC Resolution 1540: implementation and UNSC Resolution 1540: - - PowerPoint PPT Presentation

UNSC Resolution 1540: implementation and UNSC Resolution 1540: implementation and identifying opportunities for work identifying opportunities for work Nicolas Kasprzyk, expert Nicolas Kasprzyk, expert 1540 Committee Group of experts 1540


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UNSC Resolution 1540: implementation and UNSC Resolution 1540: implementation and identifying opportunities for work identifying opportunities for work

Nicolas Kasprzyk, expert Nicolas Kasprzyk, expert 1540 Committee Group of experts 1540 Committee Group of experts London, United Kingdom of Great Britain and Northern Ireland London, United Kingdom of Great Britain and Northern Ireland 13 June 2013 13 June 2013

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Outline Outline

  • Context
  • Key obligations and other features
  • Assistance and capacity-building
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Context Context

  • Proliferation of nuclear,

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

  • 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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Context Context

  • Increasing flows of goods,

materials and equipments, in a context of intensification of international exchanges

Vessels in the Channel on 12 June 2013, on the basis of data collected through IMO’s Automatic Identification

  • System. Cargo vessels appear in green (cartography:

http://www.marinetraffic.com) One of the many cargo vessels cruising off of London on 12 June 2013 (picture: http://www.shipsspotting.com)

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Context Context

  • Diffusion of technologies and

know-how, that become more easily available to non-State actors

  • Scientific and technological

developments that change the nature of the threat

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Key obligations and features Key obligations and features

  • Covers all fields of WMD (nuclear, chemical, and biological) and

their means of delivery, as well as related materials. Definition, for the purpose of the resolution: Means of Delivery: missiles, rockets and other unmanned systems capable of delivering nuclear, chemical, or biological weapons, that are specially designed for such use. 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.

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Key obligations and features Key obligations and features

  • Does not 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).

  • “Recognizing that most States have undertaken binding legal
  • bligations under treaties to which they are parties, or have made
  • ther commitments aimed at preventing the proliferation of nuclear,

chemical or biological weapons, and have taken effective measures to account for, secure and physically protect sensitive materials, such as those required by the Convention on the Physical Protection

  • f Nuclear 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)

Key obligations and features Key obligations and features

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Key obligations and features Key obligations and features

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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Key obligations and features Key obligations and features

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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Key obligations and features Key obligations and features

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

  • r 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

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Key obligations and features Key obligations and features

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

  • r 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

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Key obligations and features Key obligations and features

  • 1. National control lists

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

  • f such lists
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Key obligations and features Key obligations and features

  • 2. Collaboration with industry and public

Operative paragraph 8 (d) of resolution 1540: Calls upon all States to develop appropriate ways to work with and inform industry and the public

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Key obligations and features Key obligations and features

  • 3. Submission of reports /

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

List of States yet to submit a first report as at 12 June 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. Liberia
  • 13. Malawi
  • 14. Mali
  • 15. Mauritania
  • 16. Mozambique
  • 17. Sao Tome and Principe
  • 18. Solomon Islands
  • 19. Somalia
  • 20. South Sudan
  • 21. Swaziland
  • 22. Timor-Leste
  • 23. Zambia
  • 24. Zimbabwe

List of States yet to submit a first report as at 12 June 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. Liberia
  • 13. Malawi
  • 14. Mali
  • 15. Mauritania
  • 16. Mozambique
  • 17. Sao Tome and Principe
  • 18. Solomon Islands
  • 19. Somalia
  • 20. South Sudan
  • 21. Swaziland
  • 22. Timor-Leste
  • 23. Zambia
  • 24. Zimbabwe
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Key obligations and features Key obligations and features

Message from the 1540 Committee Chair, H.E. Mr. Kim Sook Available in extenso at www.un.org/sc/1540

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Key obligations and features Key obligations and features

  • 4. Visits to States at their invitation

The 1540 Committee and its experts can visit 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 As of 4 June 2013, the 1540 Committee has already conducted 5 visits to States at their invitation (U.S.A., Albania, Congo, Madagascar, Trinidad and Tobago), and more are in the pipeline

US visit, Dept. of Health & Human US visit, Dept. of Health & Human Services, Services, BSL BSL-

  • 4 training facility

4 training facility

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Representatives of Bosnia and Herzegovina, two 1540 Committee experts (Mr. Terence Taylor and Mr. Bennie Lombard) and an OSCE official (Ms. Volenikova) during a NAP drafting session organized by the OSCE in cooperation with UNODA (Vienna, Austria, 3-5 April 2013)

Key obligations and features Key obligations and features

  • 5. National implementation

action plans 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 Seven NAP have been submitted as at 12 June 2013: Argentina, Belarus, Canada, France, Kyrgyzstan, Serbia, U.S.A.

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Assistance and capacity Assistance and capacity-

  • building

building

Assistance

  • The Security Council recognizes that

some States may require assistance in implementing UNSCR 1540 (2004), and invites those in a position to do so to

  • ffer assistance;
  • The implementation of 1540 is a

continuous and cooperative process: All States have something to learn from

  • thers, all States have something to
  • ffer to others;
  • The 1540 Committee‘s primary role is

as a clearinghouse and a match maker to facilitate assistance by others for implementation of the Resolution.

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Assistance and capacity Assistance and capacity-

  • building

building

OVERVIEW OF REQUESTS

Assistance

  • Currently, the 1540 Committee

has receivedassistance requests from 53 States and two from Regional / Subregional Organisations

  • Sources of requests: National

reports, Note Verbales, Use of Assistance Template

  • Range: Legislative assistance,

detection or protection equipment, export controls, support for Customs officials / strenghthening of border controls etc.

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Assistance and capacity Assistance and capacity-

  • building

building

OVERVIEW OF OFFERS

Assistance

  • 46 States have offered

assistance

  • Information on assistance

programmes and offers from 14 International, Regional and Subregional Arrangements and Other Arrangements

  • Some States have both

requested and offered assistance

  • Range: Cooperation

Programmes, specific measures, case-by-case basis etc.

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Conclusion Conclusion

“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 of the 1540 Committee to the Security Council, September 2011

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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. M. Kim Sook, 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. M. Kim Sook, 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