CONSULTATION MEETING ON THE REPUBLIC OF MONTENEGRO’S VOLUNTARY NATIONAL IMPLEMENTATION ACTION PLAN VIENNA, AUSTRIA, 17-18 OCTOBER 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
OUTLINE OF PRESENTATION • Recent Developments: 1540 Committee • Origin of Voluntary National Implementation Action Plans (NAP) • Indicative Elements of a NAP • NAP of Argentina and Serbia • 1540 Matrix Overview • 1540 Matrix Analysis of States in the Region • 1540 Matrix Analysis of the Republic of Montenegro
RECENT DEVELOPMENTS: 1540 COMMITTEE • 27 September 2013: Resolution 2118 (2013) OP 14: Reporting Requirement of any violation of resolution 1540 (2004) • 25 September 2013: New 1540 Chair Ambassador Oh Joon, Permanent Representative of the Republic of Korea to the United Nations • April / July 2013: Visits to States at their invitation: Trinidad and Tobago / Grenada • June 2013: Programme of Work / Peer Review Poland & Croatia • May 2013: New Matrix Format • February 2013: Request for updated information and Point of Contact
ORIGIN OF VOLUNTARY NATIONAL IMPLEMENTATION ACTION PLANS (NAP) • In reporting and dialogue context States encouraged to submit details of intergovernmental processes, national practices or implementation plans • Resolution 1673 (2006) encouraged States to provide additional “8. Encourages all States to prepare on a voluntary information on their implementation basis national implementation action plans , with of resolution 1540 (2004) the assistance of the 1540 Committee as appropriate, mapping out their priorities and plans for implementing the key provisions of resolution • Resolution 1810 (2008) encouraged 1540 (2004), and to submit those plans to the 1540 States to prepare on a voluntary basis Committee” summary action plans to map out their priorities and plans for implementing the key provisions of resolution 1540 (2004) and to submit such plans to the Committee • Resolution 1977 (2011) voluntary NAP
INDICATIVE ELEMENTS OF A NAP • 1540 Committee not prescriptive in terms of format and content of a voluntary NAP • FORMAT determined by State in accordance with its own priorities and specific circumstances. – Narrative or table format or combination of both – Useful if NAP is in easily understandable format that succinctly communicates the objectives to be achieved in realizing full implementation of the resolution 1540(2004) • CONTENT can include an outline of what needs to be done, by whom and in accordance with specific time-frames and guided by: – Selective focus on certain implementation areas – Comprehensive approach on all areas
INDICATIVE ELEMENTS OF A NAP • PROCESS to draft NAP useful to involve all relevant stakeholders in an intra- governmental consultative process and could involve the following: – Conducting a gap analysis – Establishing priorities for closing gaps – Ascertaining why these gaps exist and potential problems or opportunities associated with closing the gaps – Identifying potential courses of action that would help close the gaps, and making an appropriate choice – Executing the appropriate actions – Evaluating the steps taken, and revising implementation as appropriate
SUBMITTED NAP 7 STATES SUBMITTED NAP • Kyrgyzstan 2 April 2013 • Belarus 2 July 2012 • Serbia 6 June 2012 • France 27 September 2011 • Canada 12 August 2010 • Argentina 17 March 2009 • United States of America 20 April 2007
NAP OF ARGENTINA • FORMAT: Narrative. Submitted through letter from Permanent - Activities : Seminars on relevant Representative technologies, organizes workshops on outreach to • CONTENT: Focus on mainly export businesses and another on end- controls and emphasis on regional users and end-user declarations. cooperation • REGIONAL ACTION PLAN • NATIONAL ACTION PLAN - Effective control of the transfer – Focal point and Coordinator: of dual-use technologies and Ministry of Foreign Affairs’ materials is possible only Department of International through specific harmonization Security and Nuclear and Space of legislative and operational Affairs efforts at the regional level. – National Working Group : OECD - MERCOSUR Working Group on Committee on International WMD Investment and Multinational Enterprises (CIME) ministerial - Regional seminars / workshops bodies responsible for monitoring
NAP OF SERBIA • FORMAT: Narrative and Table format. Submitted through letter from Permanent Representative • CONTENT: Comprehensive approach. Table: • NATIONAL ACTION PLAN (2012- 2016) – Working Group for improvement of NAP 1540 Implementation – Meet at least twice a year. Monitor 1540 implementation and provide guidance
NAP OF SERBIA NAP consist of 5 Chapters : Introduction Goals and Measures of NAP (Table) Follow-up on Implementation Further Development of NAP Resources Table of 7 Goals, Measures, Responsibility, Indicators Refraining from Support Criminalization of WMD-Related Activities Effective Control Measures Control Lists Increased Awareness Dialogue and Co-operation Prevention
1540 MATRIX OVERVIEW • 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 obligations • 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 • 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
1540 MATRIX OVERVIEW First Worksheet • Legal, Technical, Scientific Developments since 2005 require Re-ordered : Legally binding instruments, Template review codes of conduct, arrangements, Statements • 2013 Approved New Template Worksheets on OP2 and OP3 Reduced number of pages (18 to – 12) and follows resolution One table in each section containing the structure (BCN to NCB) common areas of the nuclear, chemical and biological weapons fields, thus giving – Four Explanatory notes (Explaining “Other” and a simplified view of these fields Description of Delivery System and related Materials Worksheet on OP6, 7 and 8(d) – One Hyperlink to BWC CBM Additional fields : Engagement with Industry, Information on Points of Contact
OP 3 (c) and (d) and related matters from OP 6 and OP 10 - Controls of CW including Related Materials State: Montenegro Date of Report: (as Serbia and Montegro) 5 January 2005 Date of Addendum 1: 20 January 2006 Date of Report 2008 (as Montenegro):19 February 2008 Which of the following Enforcement: civil/criminal penalties, legislation, procedures, National legal framework and measures of implementation, measures, agencies exist to etc control border crossings, Remarks export/import and other if YES, indicate source if YES, indicate source transfers of CW and YES YES document document Related Materials ? Can violators be penalized ? Customs Law of the Ministry of Interior and Public 1. Border control x Republic of Montenegro, ? Administration Art 3
Which of the following legislation, Enforcement: civil/criminal penalties, and measures of National legal framework procedures, implementation, etc measures, agencies exist to control border crossings, Remarks export/import and other transfers of YES YES NW, CW, BW and if YES, source document if YES, source document Related Materials ? Can violators be N C B N C B penalized ? W W W W W W NW: NW: Customs Law of the Republic of Ministry of Interior and Public Montenegro, Art.3 Administration CW: CW: Ministry of Interior and Public Customs Law of the Republic of x x x x x x Administration Montenegro, Art.3 1 Border control BW: BW: Ministry of Interior and Public Customs Law of the Republic of Administration Montenegro, Art 3
1540 MATRIX OVERVIEW
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