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WORKSHOP ON THE IMPLEMENTATION OF UNITED NATIONS SECURITY COUNCIL - - PowerPoint PPT Presentation

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WORKSHOP ON THE IMPLEMENTATION OF UNITED NATIONS SECURITY COUNCIL RESOLUTION 1540 (2004) IMPLEMENTATION OF RESOLUTION 1540 (2004) IN AFRICA: AN OVERVIEW ADDIS ABABA, ETHIOPIA, 10 DECEMBER 2013 BENNIE LOMBARD MEMBER GROUP OF EXPERTS ASSISTING

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SLIDE 1

WORKSHOP ON THE IMPLEMENTATION OF UNITED NATIONS SECURITY COUNCIL RESOLUTION 1540 (2004)

IMPLEMENTATION OF RESOLUTION 1540 (2004) IN AFRICA: AN OVERVIEW ADDIS ABABA, ETHIOPIA, 10 DECEMBER 2013

BENNIE LOMBARD

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

The views expressed are those of the presenter and do not necessarily represent the views of the 1540 Committee

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SLIDE 2

OUTLINE OF PRESENTATION

  • Reporting
  • 1540 Matrix Overview
  • Status of 1540 Implementation in Africa
  • 1540 Annual and Comprehensive Review
  • Points of Contact
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SLIDE 3

REPORTING

Resolution 1540 (2004) “4. ….calls upon States to present a first report no later than six months from the adoption of this resolution to the Committee on steps they have taken or intend to take to implement this resolution” Resolution 1673 (2006) “3. Encourages all States that have submitted such reports to provide, at any time or upon the request of the 1540 Committee, additional information on their implementation of resolution 1540 (2004)” Resolution 1977 (2011) “7. …….including, voluntarily, on States' effective practices” Resolution 2118 (2013) “14. Decides that Member States shall inform immediately the Security Council

  • f any violation of resolution 1540 (2004),
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SLIDE 4

REPORTING

  • KEY ELEMENTS

– Voluntary on 1540 implementation – Obligatory regarding violations of resolution 1540 (2004) – No specific format – Some States use 1540 Matrix as a reporting tool – Focus on steps taken or steps to be taken to implement resolution – Provide any additional information – Inform the Committee of States’ effective practices in implementing resolution REPORTING STATISTICS – 171 National Reports submitted – 22 States yet to submit a report – 18 of these States from Africa – 3 of these States from Asia – 1 State from Caribbean

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SLIDE 5

REPORTING

  • VALUE OF REPORTING

– Provides accurate information on status of implementation – Provides opportunity for States to inform the Committee of what they have done or intend to do to meet 1540 obligations and of specific assistance needs – Provides the Committee with information to guide their dialogue with States – Provides the Committee with information on where assistance may be required

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SLIDE 6
  • In use since 2005. Primary method used by the 1540 Committee to organize

information about 1540 implementation by Member States

  • Reference tool for facilitating technical assistance and enhanced dialogue with
  • States. Not a tool for measuring compliance of States with their non-proliferation
  • bligations
  • Information on voluntary commitments is for reporting purpose only and does not

constitute in any way a legal obligation arising from resolution 1540 or its successive resolutions

  • Origin of Information: National Reports, Official Government Information,

Intergovernmental Organizations

  • 1540 Group of Experts prepare Matrix for each UN Member State. Approval by the

1540 Committee.

  • Last approval done in 2010, updating a continues process. Posted on 1540

website with State’s consent.

1540 MATRIX OVERVIEW

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SLIDE 7

1540 MATRIX OVERVIEW

  • Matrix covers 5 Main Areas (Worksheets):

– OP 1 and related matters from OP 5, OP 6, OP 8 (a), (b), (c) and OP 10 – OP 2 – OP3 (a) and (b) – OP3 (c) and (d) – OP 6, 7 and 8 (d)

  • Total of 389 fields. OP 2 and OP 3 also include two additional fields on National

Legal Framework and Enforcement

  • Each Field have 3 possible inscriptions. Not indicative of compliance, evidence only

– X: Relevant measure taken or specific reference found – ?: Measure taken but question about pertinence or copy of legislation not available – Blank: No information

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SLIDE 8
  • Legal, Technical, Scientific

Developments since 2005 require Template review

  • 2013 Approved New Template

– Reduced number of pages (18 to 12) and follows resolution structure (BCN to NCB) – Four Explanatory notes (Explaining “Other” and Description of Delivery System and related Materials – One Hyperlink to BWC CBM First Worksheet Re-ordered: Legally binding instruments, codes of conduct, arrangements, Statements Worksheets on OP2 and OP3 One table in each section containing the common areas of the nuclear, chemical and biological weapons fields, thus giving a simplified view of these fields Worksheet on OP6, 7 and 8(d) Additional fields: Engagement with Industry, Information on Points of Contact

1540 MATRIX OVERVIEW

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SLIDE 9

OP 2 - Nuclear Weapons (NW) EXAMPLE

Does national legislation exist which prohibits persons or entities to engage in one of the following activities ? Can violators be penalized ? National legal framework Enforcement: civil/criminal penalties and others Remarks YES if YES, indicate source document of national implementation law YES if YES, indicate source document

  • 3. possess

x NW:

  • 1. POCDATRA Act no. 33/2004,

Chapter 2 x NW:

  • 1. POCDATRA Act no.

33/2004, Chapter 3

  • 2. Police Service

Amendment Act 2008 no. 57/2008

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SLIDE 10

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

EXAMPLE

Does national legislation exist which prohibits persons or entities to engage in

  • ne of the following

activities ? Can violators be penalized ? National legal framework Enforcement: civil/criminal penalties and others Remarks YES if YES, source document of national implementation law YES if YES, source document N W C W B W N W C W B W 3 possess X X X NW:

  • 1. POCDATRA Act no. 33/2004,

Chapter 2 CW:

  • 1. POCDATRA Act no. 33/2004,

Chapter 2

  • 2. Non-Proliferation Act no. 87/1993,

secs 13 and 27 BW:

  • 1. Non-Proliferation of Weapons of

Mass Destruction Act no. 87/1993, sec 27

  • 2. POCDATRA Act no. 33/2004,

Chapter ?

  • 3. Notice No. 19 of 3 February 2010

X X X NW:

  • 1. POCDATRA Act no. 33/2004,

Chapter 3

  • 2. Police Service Amendment Act 2008
  • no. 57/2008

CW:

  • 1. POCDATRA Act no. 33/2004,Chapter

3 2.Non-Proliferation Act no. 87/1993, sec 26 - offences and penalties

  • 3. Police Service Amendment Act 2008
  • no. 57/2008

BW:

  • 1. POCDATRA Act no. 33/2004,

Chapter 2

  • 2. Non-Proliferation Act no. 87/1993,

sec 26 - offences and penalties

  • 3. Police Service Amendment Act 2008
  • no. 57/2008

EXAMPLE

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SLIDE 11

1540 MATRIX OVERVIEW

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SLIDE 12

ADHERENCE BY AFRICAN STATES TO NON-PROLIFERATION INSTRUMENTS RELEVANT TO RESOLUTION 1540 (2004)

72% - Biological Weapons Convention (BWC) 91% - Chemical Weapons Convention (CWC) National Authority 79% - Comprehensive Nuclear-Test-Ban Treaty (CTBT) 98% - Nuclear Non-Proliferation Treaty 63% - Convention

  • n the Physical

Protection of Nuclear Material (CPPNM) 63% - 1925 Geneva Protocol (GP) 83% - International Atomic Energy Agency (IAEA) 80% - IAEA Safeguards Agreement 67% - Hague Code of Conduct (HCOC) 67% - Nuclear- Weapon Free Zones

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SLIDE 13

36 36 43 45 34 34 53 42 49 39

20 40

Nuclear-Weapon Free Zones Hague Code of Conduct (HCOC) IAEA Safeguards Agreement International Atomic Energy Agency (IAEA) Geneva Protocol (GP) Convention on the Physical Protection of Nuclear Material (CPPNM) Nuclear Non-Proliferation Treaty Comprehensive Nuclear-Test-Ban Treaty Chemical Weapons Convention (CWC) National Authority Biological Weapons Convention (BWC)

54

TREATIES OTHERS

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SLIDE 14

6 1 13 11 11 13 6 10 2 3 8 6 8 16 1 24 20 19 19 8 10 4 5 8 22 22 20 40

involvement of non-State actors activities related to means of delivery financing assisting participate as an accomplice use transfer transport develop stockpile/store possess acquire manufacture/produce

National Legal Framework Enforcement

OP2 – NUCLEAR WEAPONS

Number of African States

54

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SLIDE 15

10 1 15 20 15 21 19 12 17 17 17 19 19 20 1 26 31 23 32 30 9 28 27 18 30 28 20 40

involvement of non-State actors activities related to means of delivery financing assisting participate as an accomplice use transfer transport develop stockpile/store possess acquire manufacture/produce

National Legal Framework Enforcement

OP2 – CHEMICAL WEAPONS

Number of African States

54

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SLIDE 16

7 3 13 11 11 12 7 7 7 5 6 7 8 16 17 23 20 20 21 20 10 19 19 9 19 21 20 40

involvement of non-State actors activities related to means of delivery financing assisting participate as an accomplice use transfer transport develop stockpile/store possess acquire manufacture/produce

National Legal Framework Enforcement

OP2 –BIOLOGICAL WEAPONS

Number of African States

54

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SLIDE 17

5 12 10 11 8 8 12 13 12 9 12 11 11 10 11 35 35 34

20 40

Regulations for physical protection of facilities/materials/transports Measures to secure transport Measures to secure storage Measures to secure use Measures to secure production Measures to account for transport Measures to account for storage Measures to account for use Measures to account for production

National Legal Framework Enforcement

OP3 A) B) – NUCLEAR WEAPONS

Number of African States

54

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SLIDE 18

3 8 7 8 6 10 14 13 14 3 6 7 6 6 10 14 14 14

20 40

Regulations for physical protection of facilities/materials/transports Measures to secure transport Measures to secure storage Measures to secure use Measures to secure production Measures to account for transport Measures to account for storage Measures to account for use Measures to account for production

National Legal Framework Enforcement

OP3 A) B) – CHEMICAL WEAPONS

Number of African States

54

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SLIDE 19

1 6 4 5 2 4 4 4 2 2 5 5 5 2 3 3 3 2

20 40

Regulations for physical protection of facilities/materials/transports Measures to secure transport Measures to secure storage Measures to secure use Measures to secure production Measures to account for transport Measures to account for storage Measures to account for use Measures to account for production

National Legal Framework Enforcement

OP3 A) B) –BIOLOGICAL WEAPONS

Number of African States

54

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SLIDE 20

2 8 7 8 26 4 22 22 2 11 9 14 18 4 10 28

20 40

Interagency review for licenses National licensing authority Licensing provisions Export control legislation in place Enforcement agencies/authorities Control of brokering, trading in, negotiating, otherwise assisting in sale of goods and technology Technical support of border control measures Border control

National Legal Framework Enforcement

OP 3 C) D) – NUCLEAR WEAPONS (1)

Number of African States

54

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SLIDE 21

2 15 1 4 1 3 5 3 2 1 2 2 1 1 2 22 2 6 2 4 9 4 2 3 3 3 1 2

20 40

Extraterritorial applicability Control of importation Control of providing transport services Control of providing funds Re-export control Trans-shipment control Transit control Intangible transfers Catch all clause End-user controls Inclusive of means of delivery Inclusion of technologies Updating of lists Control lists

National Legal Framework Enforcement

OP 3 C) D) – NUCLEAR WEAPONS (2)

Number of African States

54

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4 9 5 10 24 5 24 23 4 9 6 12 17 6 10 29

20 40

Interagency review for licenses National licensing authority Licensing provisions Export control legislation in place Enforcement agencies/authorities Control of brokering, trading in, negotiating, otherwise assisting in sale of goods and technology Technical support of border control measures Border control

National Legal Framework Enforcement

OP 3 C) D) – CHEMICAL WEAPONS (1)

Number of African States

54

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SLIDE 23

4 17 2 5 3 5 9 4 1 2 2 2 1 4 4 19 3 6 3 5 11 4 2 3 2 2 1 4

20 40

Extraterritorial applicability Control of importation Control of providing transport services Control of providing funds Re-export control Trans-shipment control Transit control Intangible transfers Catch all clause End-user controls Inclusive of means of delivery Inclusion of technologies Updating of lists Control lists

National Legal Framework Enforcement

OP 3 C) D) – CHEMICAL WEAPONS (2)

Number of African States

54

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SLIDE 24

2 6 6 9 25 3 24 24 2 5 8 13 18 4 12 30

20 40

Interagency review for licenses National licensing authority Licensing provisions Export control legislation in place Enforcement agencies/authorities Control of brokering, trading in, negotiating, otherwise assisting in sale of goods and technology Technical support of border control measures Border control

National Legal Framework Enforcement

OP 3 C) D) – BIOLOGICAL WEAPONS (1)

Number of African States

54

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SLIDE 25

4 14 2 5 2 4 7 3 2 2 1 1 1 3 3 19 4 5 2 4 8 4 2 2 1 1 1 3

20 40

Extraterritorial applicability Control of importation Control of providing transport services Control of providing funds Re-export control Trans-shipment control Transit control Intangible transfers Catch all clause End-user controls Inclusive of means of delivery Inclusion of technologies Updating of lists Control lists

National Legal Framework Enforcement

OP 3 C) D) – BIOLOGICAL WEAPONS (2)

Number of African States

54

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SLIDE 26

1540 ANNUAL AND COMPREHENSIVE REVIEW

2009 Comprehensive Review

  • Resolution 1810 (2008) requested a comprehensive review of the status of

implementation of Resolution 1540 (2004)

  • Assess the evolution of risks and threats
  • Address specific critical issues that have not yet been resolved
  • Identify possible new approaches for the implementation of the resolution

2016 Comprehensive Review

  • Resolution 1977 (2011) decided that 1540 Committee will conduct a comprehensive

review both after five years and prior to the renewal of its mandate, including, if necessary, recommendations on adjustments to the mandate, and the first review should be held before December 2016 Annual Reviews

  • Annual Reviews held since 2011
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SLIDE 27

1540 ANNUAL AND COMPREHENSIVE REVIEW

  • Some key findings of 2009 Comprehensive Review
  • Resolution 1540 (2004) has prompted significant steps across the globe to

prevent non-State actors from gaining access to WMD

  • Very high number of State reported taking 1540 related measures
  • States have forged new working relationships across government

bureaucracies, including enhanced regulatory framework

  • Additional efforts needed on adoption of penalties and preventive

enforcement measures

  • Facilitating assistance is key to enhance implementation
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SLIDE 28

POINTS OF CONTACT

  • Resolution 1810 (2008): Direct contact an effective means of dialogue and in OP5 request

States and International, regional and sub-regional organizations to provide point of contact on Assistance

  • Resolution 1977 (2011): OP 18: International, regional and sub-regional organizations to provide

a point of contact for implementation of resolution

  • Letter from the Chair on 27 February 2013 urging States to provide 1540 points of contact in

capital and at their Mission in New York

20 40 60 80 POC States 66 African 11 IGO 12

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SLIDE 29

CONTACT DETAILS

Chair of the 1540 Committee Secretariat of the 1540 Committee Attention: Chair, 1540 Committee: H.E. Ambassador Oh Joon, 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