UN Security Council resolution 1540 (2004): UN Security Council resolution 1540 (2004): UN Security Council resolution 1540 (2004): National implementation and reporting, Part 1 National implementation and reporting, Part 1 National implementation and reporting, Part 1 Nicolas Kasprzyk Nicolas Kasprzyk 1540 Committee expert 1540 Committee expert Workshop on the Implementation of UN Security Council Resolution 1540 (2004) 1540 (2004) Workshop on the Implementation of UN Security Council Resolution Pretoria, South Africa, 21- -22 November 2012 22 November 2012 Pretoria, South Africa, 21
Outline Outline • Resolution 1540 highlights • The role of the 1540 Committee • Facts about 1540 implementation
_____________ __ __ _____ _____________ __ __ _____ Resolution 1540 highlights Resolution 1540 highlights • A response to the risk that non-State actors may acquire, develop, traffic in or use nuclear, chemical or biological weapons and their means of delivery … • Adopted 28 April 2004 by the UN Security Council at the unanimity of its members and followed by UNSCR 1673 (2006), 1810 (2008), 1977 (2011) and 2055 (2012) … • Adoption of Res. 1977 (credit photo UN Debra Berkowitz)
_____________ __ __ _____ _____________ __ __ _____ Resolution 1540 highlights Resolution 1540 highlights • Covers nuclear, chemical � The scope of the resolution is not limited to weapons of and biological weapons mass destruction and their and their means of means of delivery: it extends delivery, as well as also to relevant materials, related materials equipment and technology • Defines related materials as materials, equipment and technology covered by relevant treaties and arrangements, or included on national control lists, which could be used for weapons of mass destruction purposes
_____________ __ __ _____ _____________ __ __ _____ Resolution 1540 highlights Resolution 1540 highlights • Imposes obligations upon � The resolution is respectful of legitimate activities (i.e. States to prevent legitimate industrial or trade proliferation activities by activities) conducted under the non-State actors lawful authority of a State • Defines a non-State actor � The overall approach of resolution 1540 is to rely on as an individual or entity, States to prevent proliferation not acting under the activities from non-State actors lawful authority of any State in conducting activities which come within the scope of the resolution
_____________ __ __ _____ _____________ __ __ _____ Resolution 1540 highlights Resolution 1540 highlights • 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 Resolution 1540, operative paragraph 1
_____________ __ __ _____ _____________ __ __ _____ Resolution 1540 highlights Resolution 1540 highlights • 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 Resolution 1540, operative paragraph 2
_____________ __ __ _____ _____________ __ __ _____ Resolution 1540 highlights Resolution 1540 highlights • All States shall take and enforce effective measures to establish domestic controls to prevent the proliferation of nuclear, chemical or 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 Resolution 1540, operative paragraph 3 (a) and (b)
_____________ __ __ _____ _____________ __ __ _____ Resolution 1540 highlights Resolution 1540 highlights • All States shall take and enforce effective measures to establish domestic controls to prevent the proliferation of nuclear, chemical or 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 Resolution 1540, operative paragraph 3 (c) and (d)
_____________ __ __ _____ _____________ __ __ _____ Resolution 1540 highlights Resolution 1540 highlights • 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 of such lists Resolution 1540, operative paragraph 6
_____________ __ __ _____ _____________ __ __ _____ Resolution 1540 highlights Resolution 1540 highlights • Calls upon all States to develop appropriate ways to work with and inform industry and the public Resolution 1540, operative paragraph 8 (d)
_____________ __ __ _____ _____________ __ __ _____ Resolution 1540 highlights Resolution 1540 highlights Assistance and capacity-building: • [The Security Council] recognizes that some States may require assistance in implementing the provisions of the resolution and invites States in a position to do so to offer assistance as appropriate in response to specific requests to the States lacking the legal and regulatory infrastructure implementations experience and/or resources ( Resolution 1540, operative paragraph 7) • Urges the 1540 Committee to continue strengthening the Committee’s role in facilitating technical assistance (Resolution 1977, operative paragraph 15)
_____________ __ __ _____ _____________ __ __ _____ Resolution 1540 highlights Resolution 1540 highlights Cooperation with IROs: • [the Security Council] encourages relevant international, regional and sub-regional organizations to enhance cooperation and information sharing with the 1540 Committee on technical assistance and all other issues of relevance for the implementation of resolution 1540 (Resolution 1540, operative paragraph 7)
_____________ __ __ _____ _____________ __ __ _____ Resolution 1540 highlights Resolution 1540 highlights Cooperation with IROs: • calls upon (States and) relevant IROs to designate and provide the 1540 Committee with a point of contact for assistance (Resolution 1977, operative paragraph 14) • Calls upon relevant IROs to designate and provide the 1540 Committee with a PoC or coordinator for the implementation of resolution 1540 (Resolution 1977, operative paragraph 18 )
_____________ __ __ _____ _____________ __ __ _____ Resolution 1540 highlights Resolution 1540 highlights Transparency: • [the Security Council] requests the 1540 Committee to continue to institute transparency measures and activities (Resolution 1977, operative paragraph 20)
Functioning of the 1540 Committee Functioning of the 1540 Committee • Subsidiary body of the Principles: Principles: • Transparency Security Council, with its • Equal treatment current mandate to 2021 • Cooperation • Chairman: H.E.Mr Baso • Consistency in the approach Methods: Methods: Sangqu (South Africa) • Annual Programs of Work • Vice-Chairs: Azerbaijan, • Annual Reviews Portugal and UK • Comprehensive reviews every 5 • Members: Azerbaijan, years • Working groups to focus on China, Colombia, France, important and recurrent issues Germany, Guatemala, India, Morocco, Pakistan, Portugal, Russian Federation, South Africa, Togo, UK, US http://www.un.org/en/sc/1540 http://www.un.org/en/sc/1540
Functioning of the 1540 Committee Functioning of the 1540 Committee � The long-term perspective given to “To that end, the Security Council the 1540 Committee by the UN has extended the mandate of the Security Council represents an Committee for 10 years and opportunity for better planning by encourages continued and active all relevant stakeholders support from States. Additionally, the Committee recommends that it, States and international, regional and subregional organizations in cooperation, where appropriate, with academia, industry and civil society should take a long-term approach that can contribute to national implementation of resolution 1540 (2004).” 2011 Report to the Security Council (S/2011/579)
Functioning of the 1540 Committee Functioning of the 1540 Committee Four working groups open to all members of the Committee: - Monitoring and national implementation (Coordinator: Germany) - Assistance (Coordinator: France) - Cooperation with IROs including 1267 / 1989 and 1373 Committees (Coordinator: Togo) - Transparency and media outreach (Coordinator: US) http://www.un.org/en/sc/1540 http://www.un.org/en/sc/1540
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