UNITED NATIONS SECURITY COUNCIL RESOLUTION 1540 (2004) UNITED NATIONS SECURITY COUNCIL RESOLUTION 1540 (2004) Pacific Islands Forum Working Group on Counter-Terrorism Suva, Fiji, 4 June 2013 XIAODONG LV MEMBER GROUP OF EXPERTS ASSISTING THE UNITED NATIONS SECURITY COUNCIL 1540 COMMITTEE 1
Outline • Background and introduction of UNSCR 1540 (2004) • The 1540 committee • Assistance: Request and Offer • Resolution 1540 (2004) and Counter-Terrorism • Engagement with PIF • Implementation in PIF Member Countries • Step forward 2
UN SECURITY COUNCIL RESOLUTION 1540 (2004) – A SHORT INTRODUCTION (1) • Proliferation of nuclear, chemical and biological weapons, as well as their means of delivery, constitutes a threat to international peace and security • Concerned by 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 3
UN SECURITY COUNCIL RESOLUTION 1540 (2004) – A SHORT INTRODUCTION (2) • Unanimously adopted on 28 April 2004 under Chapter VII of the UN Charter, and reaffirmed by four subsequent resolutions • Binding instrument which addresses the threat posed by non-state actors, including terrorists, of acquiring such weapons or related materials A wide view of the Security Council as Members unanimously adopt resolution 1977(2011) on 20 April 2011, 4 extending for 10 years the mandate of the 1540 Committee./ UN Photo/ Devra Berkowitz
UN SECURITY COUNCIL RESOLUTION 1540 (2004) – A SHORT INTRODUCTION (3) • No 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). • 1968 Nuclear Non-Proliferation Treaty (NPT) • 1972 Biological (and Toxin) Weapons Convention (BWC) • 1993 Chemical Weapons Convention (CWC) • Covers all fields of WMD (nuclear, chemical, and biological) and their means of delivery, as well as related materials. • Resolution outlines obligations in relating to what states have to do, but not how to do, modalities of implementation is a national decision. In adopting resolution 1540 (2004), the Security Council recognized that the primary responsibility for fighting WMD proliferation and potential terrorist use of WMD rests with UN member states themselves. 5
UN SECURITY COUNCIL RESOLUTION 1540 (2004) – BASIC OBLIGATIONS Basic obligations on states: – Refrain from providing any form of support to non-state actors that attempt to develop, acquire, manufacture, possess, transport, transfer or use WMD & means of delivery – Adopt and enforce appropriate effective laws that prohibit any non-state actor such activities, including acting as an accomplice, or to assist or to finance – Domestic controls : (a) accountability, (b) physical protection, (c) border controls and law enforcement efforts and (d) national export and trans-shipment controls, including controls on providing funds and services, such as financing and transporting, criminal or civil penalties for violations 6
UN SECURITY COUNCIL RESOLUTION 1540 (2004) - TOOLS OF IMPLEMENTATION • Tools of Implementation: 1. First report and additional information (169 / 24) 2. National Implementation Action plan (NAP): on a voluntary basis (US, Argentina, Canada, France, Serbia, Belarus, Kyrgyzstan) 3. National Point of Contact (PoC) and PoC for Assistance (including IROs’ designated Point of Contact or 1540 Coordinator ) 4. Assistance: request and offer (45*+2, 46+12) 5. Visits to States, at their invitation (US, Albania, Madagascar, Congo, Trinidad & Tobago) 6. Matrices (192 approved by the Committee and 179 posted on the 1540 website) 7 * Only 39 requests from Member States are posted on the 1540 website.
WHAT IS THE “1540 COMMITTEE” ? • Subsidiary body of the security council, composed of the fifteen current members of the council, assisted in its work by a G roup of Experts (up to nine, by resolution 2055 (2012)) • Current Chair : Amb. Kim Sook, Republic of Korea Not a sanctions committee . Does not investigate or • prosecute alleged violations of non-proliferation obligations • Mandate and scope of activities of the 1540 committee are derived from resolution 1540 (2004) and subsequent resolutions 1673 (2006), 1810 (2008) and 1977 (2011) • Current M andate ends in 2021 (resolution 1977 (2011)) • Four committee Working Groups, representing the four key areas of work: (I) monitoring and national implementation; (ii) assistance ; (iii) cooperation with international organisations; (iv) transparency and media outreach 8
HOW TO REQUEST OR OFFER ASSISTANCE ? • 1540 committee itself does not provide assistance but has a clearinghouse and match making- role to facilitate assistance by others for implementation of the resolution • Assistance requests should be formally submitted by member states to the 1540 committee, ideally by using the assistance templates • Committee and experts will engage in “match making”: they will liaise with potential providers of assistance • States and international, regional and subregional organisations are urged to inform the committee about areas in which they are able to provide assistance; They should also provide a point of contact for assistance 9
CONTRIBUTES TO THE COUNTER-TERRORISM EFFORT OF THE UNITED NATIONS ACCORDING TO THE MANDATE(1) • A non-proliferation instrument in the form of a Security Council resolution • First binding instrument focuses on the dimension of non-State actors • Fills some gaps in international law • Focuses on preventing, not corresponding 10
CONTRIBUTES TO THE COUNTER-TERRORISM EFFORT OF THE UNITED NATIONS ACCORDING TO THE MANDATE(2) • “Expert staff of 1540 Committee” is one of the Counter-Terrorism Implementation Task Force (CTITF) entities: -- Cooperates within the framework of the CTITF to ensure overall coordination and coherence in the counter-terrorism efforts of the United Nations system, in the context of the implementation of the UN Global Counter-Terrorism Strategy --Participates in the activities: CTITF Working Group on Preventing and Responding to WMD Attacks; CTITF Working Group on Border Management Relating to Counter- Terrorism. 11
CONTRIBUTES TO THE COUNTER-TERRORISM EFFORT OF THE UNITED NATIONS ACCORDING TO THE MANDATE (3) • Working together with Security Council committees established pursuant to resolution 1267 (1999) and 1989 (2011 ) (Al-Qaida and Taliban sanctions ), and 1373 (2001)(Counter-Terrorism) --cooperation, coordination and coherence; --regular contacts in order to maximize exchange of information and sharing of resources; --three Committee’s biannual Joint Briefings to the Security Council. • Working with IROs to continue to participate in outreach activities at international and regional level 12
1540 ENGAGEMENT WITH PIF 1540 Committee and experts’ ongoing dialogues and cooperation with States and organizations on implementation in the Pacific region: • UNODA-organised workshop on regional implementation of resolution 1540, Vanuatu, 29 April-1May 2009; • Workshop on radiological material security and safety in the Pacific, Vanuatu, 28 April 2009 (organised by New Zealand under auspices of the Global Initiative to Combat Nuclear Terrorism (GICNT); • 2009 Oceania Customs Organisation (OCO) Annual Conference (Vanuatu, 4-8 May 2009); • Annual meetings of the Pacific Working Group on Counter-Terrorism held consecutively with the PIFS Forum Regional Security Committee (FRSC), June 2008- 2011; for the years 2007-2009, preceded by workshops of the UNODC/TPB-PIFS; and in 2009, WGCT meeting preceded by Ready Pasifika II Exercise 13
1540 IMPLEMENTATION IN PIF MEMBER COUNTRIES (1) States Reports to Matrices National Assistance Requests Assistance Designated Visit Other the posted Action Offers Point of to Committee Plan Contact state Australia 28 Oct 2004 X X 8 Nov 2005 Through (PoC for IROs assistance) Federated 27 Jun 2008 X (Date of Request: 27 Jun States of 2008 )* Micronesia Trans-shipment Fiji 4 Feb 2008 X (Date of Request: 4 Feb With 2008 )* technical and financial Legislative assistance, and assistance* training Kiribati 1 May 2006 X (Date of Request: 1 May 2006) General, in particular legislative drafting and border security. *not as “formal assistance requests ” or not as “formal assistance offer” ; not posted on the 1540 website 14
1540 IMPLEMENTATION IN PIF MEMBER COUNTRIES (2) States Reports to Matrices National Assistance Requests Assistance Designated Visit to Other the posted Action Offers Point of state Committee Plan Contact Nauru 4 Apr 2008 X (Date of Request: 4 Apr 2008 )* Border Security, national control list New 28 Oct 2004 X Zealand X (in Pacific region) 11 Jan 2006 Palau X (Date of Request: 10 Apr 2008 )* 10 Apr 2008 Legislative assistance, border control Papua New 24 Apr 2008 X Guinea (Date of Request: 23 X November 2004) 23 Nov 2004 Republic of Marshall review of its current national legislation, and particular in Islands the area of trans-shipment controls 15 *not as “formal assistance requests ” ; not posted on the 1540 website
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