Biological Risk Management and the United Nations Security Council Resolution 1540: Implementation and Technical Assistance in South and South-East Asia Dana Perkins, PhD 1540 Committee Expert Regional Workshop on National Implementation of the Biological Weapons Convention for South and South-East Asia, 3-4 September 2013, Kuala Lumpur, Malaysia 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): Binding Obligations on All States Resolution 1540 (2004) imposes binding obligations on all States to adopt legislation to prevent the proliferation of nuclear, chemical and biological weapons, and their means of delivery, and establish appropriate domestic controls over related materials to prevent their illicit trafficking. The Security Council decided “to establish…a Committee of the Security Council, consisting of all members of the Council, which will, calling as appropriate on other expertise, report to the Security Council for its examination, on the implementation of this resolution… and calls upon States to…report… to the Committee on steps they have taken or intend to take to implement this resolution”. Resolution 1540 (2004) at a glance: 113 specific prohibitions, 152 controlled activities, at least 8 recommended activities (unofficial count) 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 Security Council Meets on Non-Proliferation of WMDs UN Photo / Eskinder Debebe, 28 April 2004
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 organization 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 biosecurity in national reports to the 1540 Committee Excerpts from the Philippines National report to the 1540 Committee, 02 July 2013
Biological Risks • As biotechnology expands to benefit medicine, agriculture, and basic life sciences, the risk of misuse of science & technology will proportionally increase • Traditionally, there are also connections between state weapons programs and terrorist capabilities, and the possibility of non-state actors acquiring weapons from a state cannot be ruled out…”- UNICRI, Security Implications of Synthetic Biology and Nanobiotechnology, 2012 • Advances in science and technology may facilitate the development of effective bioweapons and further complicate existing non-proliferation and export control efforts intended to Despite the increasing threat posed by extremist violent groups and constrain access to, and proliferation individuals, trans-national criminal activities, and terrorism (including “lone wolf” type), there is low awareness in the life science community of, dangerous pathogens and relevant about the international non-proliferation regime dual-use technologies
Biological Risk Management Measures to Biosecurity account for / secure / Physically Regulations protect for genetic means of engineering work delivery Biosecurity Biosafety Regulations for physical protection of facilities / materials / transports 1540 matrix fields
Resolution 1540 (2004): Status of implementation The comprehensive review of 2009 acknowledged the significant number of measures that States * 2010 data have taken to implement obligations under resolution 1540 (2004), but identified some areas in which States have adopted fewer measures, such as biological weapons, means of delivery, national control lists, access to related materials and financing of prohibited or illicit proliferation activities -- S/2011/579 Example of personnel reliability qualifying criteria (USA, BPRP) • Mentally alert, stable, trustworthy, physically competent, free of unstable medical conditions • Dependable, responsible, perform in approved manner • Flexibility in adjusting to changes in working environment • Good social adjustment • Sound judgment in adverse or emergency situations • Physical ability to perform required duties • Positive attitude towards the reliability program
Complementary actions and additional stakeholders may be needed to address the whole spectrum of risk Building a security culture and responsible conduct of science Codes of conduct Underpinning National Code of Conduct on Biosecurity in Indonesia, Nusa Dua Bali , Indonesia, 13-15 Oct 2012
Resolution 1540 (2004): How to Request or Offer Assistance • Assistance requests should be formally submitted by States to the 1540 Committee, e.g. by using the Template on Assistance • States and International, Regional and Subregional Organisations are urged to inform the Committee about areas in which they are able to provide assistance and also Secretariat of the 1540 Committee provide point of contact Attention: Chairman, 1540 Committee H.E. Ambassador Kim Sook, information 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
Match-Making At Work • In 2010, the 1540 Committee adopted revised • “Match-making” procedures “to rationalize, improve and accelerate o Informal “match-making” by experts as advised response to assistance requests and facilitate match- by the requestor making” o The list of potential assistance providers is updated periodically by the Committee • Authentication of requests and handling of o The Chair will circulate to the Committee informal requests (i.e. from a non-State entity members the offers of assistance or an NGO, requests addressed to international organizations, or requests not “in proper form”) o The Chair will send a letter of acknowledgment to the State / organization offering assistance and will send a letter to the requestor with informing • Processing the request about the offer(s) An official request in a proper form is o circulated to the Committee members, • Follow-up UNODA and the Committee experts for information o The Chair will send a letter to requestor one year o The Chair will send to the requestor after the date of the request inquiring whether a letter of acknowledgement the request has been met o The experts will brief the Committee on the o Unless notified to the contrary by the requesting State within 5 working days, the “match-making” efforts every two months Chair will send a note verbale with the request to the potential assistance • General provisions providers o At any step of the proposed procedure any o Unless notified to the contrary by the member of the Committee may request that a requesting State within 5 working days, the specific request for assistance be discussed by experts will prepare a summary of the the WG on assistance, which will then advise the request and post it on the 1540 website Committee how to handle that particular request http://www.un.org/en/sc/1540/assistance/facilitating-assistance.shtml
Overview of Requests for Assistance • As of 01 September 2013, 53 States and two Regional / Subregional Organisations have requested assistance • Sources of requests: National reports, National Implementation Action Plans, Notes Verbale, use of the template for assistance Overall range: securing materials, general • assistance needs with regard to WMD non-proliferation legislative framework, awareness raising or training needs in border and export controls, etc. • 14 States specifically requested assistance in the bio area (Albania, Algeria, Armenia, Bahamas, Barbados, Colombia, DR Congo, Grenada, Guatemala, Iraq, Kenya, Kyrgyzstan, Mexico, and Uganda) http://www.un.org/en/sc/1540/assistance/general-information.shtml
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