UNSC Resolution 1540: implementation and UNSC Resolution 1540: implementation and identifying opportunities for work identifying opportunities for work Nicolas Kasprzyk, expert Nicolas Kasprzyk, expert 1540 Committee Group of experts 1540 Committee Group of experts London, United Kingdom of Great Britain and Northern Ireland London, United Kingdom of Great Britain and Northern Ireland 13 June 2013 13 June 2013
Outline Outline • Context • Key obligations and other features • Assistance and capacity-building 2
Context Context • Proliferation of nuclear, chemical and biological weapons, as well as their means of delivery, constitutes a threat to international peace and security • 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
Context Context • Increasing flows of goods, materials and equipments, in a context of intensification of international exchanges One of the many cargo vessels cruising off of London on 12 June 2013 (picture: http://www.shipsspotting.com) Vessels in the Channel on 12 June 2013, on the basis of data collected through IMO’s Automatic Identification System. Cargo vessels appear in green (cartography: http://www.marinetraffic.com) 4
Context Context • Diffusion of technologies and • Scientific and technological know-how, that become more developments that change the easily available to non-State nature of the threat actors 5
Key obligations and features Key obligations and features • Covers all fields of WMD (nuclear, chemical, and biological) and their means of delivery, as well as related materials. Definition, for the purpose of the resolution: Means of Delivery: missiles, rockets and other unmanned systems capable of delivering nuclear, chemical, or biological weapons, that are specially designed for such use. 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. 6
Key obligations and features Key obligations and features • Does not 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). “ Recognizing that most States have undertaken binding legal • obligations under treaties to which they are parties, or have made other commitments aimed at preventing the proliferation of nuclear, chemical or biological weapons, and have taken effective measures to account for, secure and physically protect sensitive materials, such as those required by the Convention on the Physical Protection of Nuclear Materials” (preamble, R. 1540) 7
Key obligations and features Key obligations and features Three key obligations for States: 1. Refrain from providing support to non-state actors (Operative Paragraph 1 of R. 1540) 2. Adopt legislation establishing prohibitions ( Operative Paragraph 2 of R. 1540) 3. Establish domestic controls ( Operative Paragraph 3 of R. 1540) 8
Key obligations and features Key obligations and features Operative paragraph 1 of resolution 1540: 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 9
Key obligations and features Key obligations and features Operative paragraph 2 of resolution 1540: 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 10
Key obligations and features Key obligations and features Operative paragraph 3 (a) and (b) of resolution 1540: 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 11
Key obligations and features Key obligations and features Operative paragraph 3 (c) and (d) of resolution 1540: 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 12
Key obligations and features Key obligations and features 1. National control lists Operative paragraph 6 of resolution 1540: 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 13
Key obligations and features Key obligations and features 2. Collaboration with industry and public Operative paragraph 8 (d) of resolution 1540: Calls upon all States to develop appropriate ways to work with and inform industry and the public 14
Key obligations and features Key obligations and features List of States yet to submit a List of States yet to submit a first report as at 12 June first report as at 12 June 3. Submission of reports / 2013 2013 additional information 1. Cape Verde 1. Cape Verde 2. Central African Republic 2. Central African Republic 3. Chad 3. Chad 4. Comoros 4. Comoros States are called upon to submit 5. DPRK 5. DPRK 6. Equatorial Guinea a first report to the 1540 6. Equatorial Guinea 7. Gambia 7. Gambia Committee on steps they have 8. Guinea 8. Guinea taken or intend to take to 9. Guinea-Bissau 9. Guinea-Bissau implement resolution 1540 10. Haiti 10. Haiti 11. Lesotho 11. Lesotho States that have already 12. Liberia 12. Liberia submitted such report are 13. Malawi 13. Malawi 14. Mali encouraged to provide additional 14. Mali 15. Mauritania information when appropriate or 15. Mauritania 16. Mozambique 16. Mozambique upon the request of the 1540 17. Sao Tome and Principe 17. Sao Tome and Principe Committee 18. Solomon Islands 18. Solomon Islands 19. Somalia 19. Somalia 20. South Sudan 20. South Sudan 21. Swaziland 21. Swaziland 22. Timor-Leste 22. Timor-Leste 23. Zambia 15 23. Zambia 24. Zimbabwe 24. Zimbabwe
Key obligations and features Key obligations and features Message from the 1540 Committee Chair, H.E. Mr. Kim Sook Available in extenso at www.un.org/sc/1540 16
Key obligations and features Key obligations and features 4. Visits to States at their invitation The 1540 Committee and its experts can visit States, at their invitation, to discuss any matter related to the implementation of resolution 1540 (2004), such as national implementation efforts, assistance needs, first report / additional information, national action plans As of 4 June 2013, the 1540 Committee has already conducted 5 visits to States at their invitation (U.S.A., Albania, Congo, Madagascar, Trinidad and Tobago), and more are in the pipeline 17 US visit, Dept. of Health & Human US visit, Dept. of Health & Human Services, Services, BSL- -4 training facility 4 training facility BSL
Key obligations and features Key obligations and features 5. National implementation action plans States are encouraged to prepare on a voluntary basis national implementation action plans (NAP), with the assistance of the 1540 Committee as appropriate, mapping out their priorities and plans for implementing resolution 1540 Seven NAP have been submitted as at 12 June 2013: Argentina, Belarus, Canada, France, Kyrgyzstan, Serbia, U.S.A. Representatives of Bosnia and Herzegovina, two 1540 Committee experts (Mr. Terence Taylor and Mr. Bennie Lombard) and an OSCE official (Ms. Volenikova) during a NAP drafting session organized by the OSCE in cooperation with UNODA (Vienna, Austria, 3-5 April 2013)
Assistance and capacity- -building building Assistance and capacity • The Security Council recognizes that some States may require assistance in implementing UNSCR 1540 (2004), and invites those in a position to do so to offer assistance; Assistance • The implementation of 1540 is a continuous and cooperative process: All States have something to learn from others, all States have something to offer to others; • The 1540 Committee‘s primary role is as a clearinghouse and a match maker to facilitate assistance by others for implementation of the Resolution.
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