United Nations Security Council Resolution 1540 (2004) - Update on National Implementation - Regional Workshop on the Implementation of UNSC Resolution 1540 (2004), 9-10 May 2013, Belgrade, Republic of Serbia Mr. KAI KIESSLER MEMBER GROUP OF EXPERTS ASSISTING THE UNITED NATIONS SECURITY COUNCIL 1540 COMMITTEE
UN SECURITY COUNCIL RESOLUTION 1540 (2004) – A SHORT INTRODUCTION (1) • Unanimously adopted on 28 April 2004 under Chapter VII of the UN Charter, and reaffirmed by means of four follow-up Resolutions (1673 (2006), 1810 (2008), 1977 (2011) and 2055 (2012)). Basics • Proliferation of nuclear, chemical and biological weapons, as well as their means of delivery, constitutes a threat to international peace and security. • Binding instrument which addresses the threat posed by non-state actors , including terrorists, of acquiring such weapons or related materials. • Complements relevant multilateral treaties and arrangements.
UN SECURITY COUNCIL RESOLUTION 1540 (2004) – A SHORT INTRODUCTION (2) • Basic obligations on States: – Refrain from providing any form of support to non-state actors that attempt to develop, acquire, manufacture, posses, transport, transfer or use WMD & their means of delivery; – Adopt and enforce appropriate and effective laws that Basics prohibit any non-state actor such activities, including acting as an accomplice, or to assist or to finance; – Establish domestic controls to prevent the proliferation of these weapons, i.e. controls over related materials, measures in the areas of accounting / securing, physical protection, border and law enforcement , export and trade-related controls. The Resolution outlines obligations relating to what States have • to do, but not how to do this: modalities of implementation is a national decision.
THE “1540 COMMITTEE” • Subsidiary body of the Security Council, composed of the fifteen current members of the Council, assisted in its work by a group of nine experts; • Current Chair: Amb. Kim Sook, Republic of Korea; • Not a Sanctions Committee. Does not investigate or prosecute alleged violations of non-proliferation obligations; Basics • Mandate and scope of activities of the 1540 Committee are derived from UNSCR 1540 and its follow-up resolutions; the current mandate ends in 2021; • Supported by the UN Office for Disarmament Affairs UN Office for Disarmament Affairs (UNODA) (UNODA) • Supported by and the and the UN Department of Political Affairs UN Department of Political Affairs (DPA) (DPA) • 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.
OVERVIEW – SELECTED ITEMS OF THE “1540 TOOLBOX” National Implementation National Report Sharing of The 1540 experiences Matrix Dialogue with National Action States Plan
NATIONAL REPORTS National Implementation • States are called upon to submit a report on the implementation of the resolution. • States that have submitted such reports are encouraged to provide additional information , including, voluntarily, on effective practices. • All but 24 UN Member States have submitted at least a first national report. • Objective: universal reporting .
THE “1540 MATRIX” • Tool used by the 1540 used by the 1540 Committee to Committee to gather and gather and • Tool organize implementation data ; tool for dialogue, organize implementation data ; tool for dialogue, National Implementation not for assessing compliance. not for assessing compliance. • • Prepared by the experts, approved by the Prepared by the experts, approved by the Committee and posted on the website if concerned Committee and posted on the website if concerned State gives its consent. State gives its consent. • • Data originates from information officially shared by Data originates from information officially shared by the concerned State; a Matrix is prepared for each the concerned State; a Matrix is prepared for each UN Member State, including States that have not UN Member State, including States that have not reported yet. reported yet. • • 382 fields / 11 worksheets representing the 382 fields / 11 worksheets representing the requirements of the resolution; three possible requirements of the resolution; three possible responses: responses: • • “ “X X” ” = 1540 Committee / Experts have found evidence = 1540 Committee / Experts have found evidence that State has taken measures relevant to a particular that State has taken measures relevant to a particular field; field; or information suggests = questions of pertinence or • “? ?” ” = questions of pertinence information suggests • “ that State has taken action but legislation not that State has taken action but legislation not available for consultation; available for consultation; • “blank blank” ” = State has provided no information or 1540 = State has provided no information or 1540 • “ Committee has not established information to enable Committee has not established information to enable the entry of an “ “X X” ” or a or a “ “? ?” ”. . the entry of an
NATIONAL IMPLEMENTATION ACTION PLAN (1) National Implementation • States are encouraged to prepare, on a voluntary basis, national implementation action plans (NAP) mapping out their priorities and plans for implementing UNSCR 1540; • NAP has to fit national circumstances : Scope, content and form vary; • As of May 2013, Argentina, Belarus, Canada, France, Kyrgyzstan, Serbia, and the U.S.A. have submitted NAPs; more are under way.
NATIONAL IMPLEMENTATION ACTION PLAN (2) • National Action plans are considered a useful tool, e.g.: National Implementation • To enhance interagency cooperation • To identify implementation gaps • To identify possible courses of actions and / or assistance needs • To establish priorities • To decide who will be responsible for what • To allow for constant review of progress • The 1540 Matrix can be used as a starting point • Making use of synergies: Can NAP be combined with other reporting / planning measures?
TAILORED DIALOGUE WITH STATES • The 1540 Committee is encouraged to National Implementation actively engage in dialogue with States, including through visits to States, at their invitation. • Programmes of Visits to States are prepared by inviting State in coordination with the 1540 Committee: Visits can be used to discuss any matter related to the implementation of UNSCR 1540, such as national implementation efforts, assistance needs, first report / additional information, national action plans, effective practices etc. • Visits took place to the U.S.A., Albania, Madagascar, the Republic of Congo and US visit, Dept. of Health & Human Services, Trinidad & Tobago; more in the pipeline. US visit, Dept. of Health & Human Services, BSL-4 training facility BSL-4 training facility
EFFECTIVE PRACTICES • 1540 Committee also has the mandate to: National Implementation – Promote the Sharing of experience, lessons learnt and effective practices , in the areas covered by Resolution 1540 (2004) – Identify effective practices, templates and guidance, with a view to develop a compilation and possibly a Technical Reference Guide which could be used on a voluntary basis • First collections of some effective practices can be found in Annex XVI of the 2011 Committee Report and in Annex XVII of the 2008 Report (http://www.un.org/en/sc/1540/assistance/experiences -shared.shtml) • More contributions are welcome (formally or informally)
STATUS OF IMPLEMTATION “ While the status of implementation of the resolution continues to • National Implementation improve since 2004, much work remains to be done and the gravity of the threat remains considerable. To fully implement the resolution requires a long-term effort by States to meet all the requirements and recommendations of the resolution” (Report by the 1540 Committee to the Security Council, September 2011)
STATUS OF IMPLEMTATION IN THE REGION AS OF 2010 (in %) Op. 2 / National Legal Framework National Implementation
STATUS OF IMPLEMTATION IN THE REGION AS OF 2010 (in %) Op. 3 a) b) – National Legal Framework National Implementation
STATUS OF IMPLEMTATION IN THE REGION AS OF 2010 (in %) Op. 3 c) d) – National Legal Framework National Implementation
OVERVIEW OF ENGAGEMENT OF STATES IN THE REGION
CONTACT DETAILS Chairperson of the 1540 Committee Secretariat of the 1540 Committee Attention: Chairperson, 1540 Committee: H.E. Ambassador Kim Sook, 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
THANK YOU
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