The Role of UNSC Resolution 1540 (2004)

Transcription

1 The Role of UNSC Resolution 15 (4) By Xiaodong LV 15 Committee Expert Phone: Fax: Workshop on Chemical, Biological, Radiological and Nuclear (CBRN) and Maritime Terrorism for ASEAN Countries Bangkok, Thailand, 6-7 December 12

2 Outline Key facts about Resolution 15 (4) Role of 15 Committee and its expert group Resolution 15 and Counter- Terrorism Implementation: challenge and beyond 2

3 I. Key facts about Resolution 15 (4) Adopted 28 April 4 by the UNSC and followed by UNSCR 1673 (6),18 (8), 1977 (11) and 55 (12). UNSCR 1977 (11) decides to extend the mandate of the 15 Committee for a period of years until 25 April 21. A wide view of the Security Council as Members unanimously adopt resolution 1977(11) on April 11, extending for years the mandate of the 15 Committee./ UN Photo/ Devra Berkowitz 3

4 I. Key facts about Resolution 15 (4) First formal decision taken by the Security Council to address the proliferation of weapons of mass destruction (WMD) as a threat to international peace and security. Establishes binding obligations on all States to take a series of steps to prevent proliferation in all its aspects of all WMD. Each State decides for itself how to implement Resolution 15. The modalities of implementation is the sole responsibility of each State. 4

5 I. Key facts about Resolution 15 (4) Covers all fields of WMD (nuclear, chemical, and biological) and their means of delivery, as well as related materials. 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. 5

6 I. Key facts about Resolution 15 (4) Focuses on measures aimed at preventing the involvement of non-states actors in proliferation activities and at reinforcing domestic control over sensitive ( related ) materials. Non-State actor: individual or entity, not acting under the lawful authority of any state in conducting activities which come within the scope of this resolution. No conflict with existing multilateral treaties and arrangements (NPT, CWC, BTWC, etc ) which contribute to non-proliferation ( Operative Paragraph 5 of R. 15). 6

7 I. Key facts about Resolution 15 (4) States actions set forth in the main provisions: 1. Refrain from providing any of 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 ( Operative Paragraph 1 of R. 15); 2. Legislation ( Operative Paragraph 2 of R. 15) : in accordance with national procedures; attempting, participating as an accomplice, assisting, financing to be covered;. 3. Domestic controls ( Operative Paragraph 3 of R. 15): (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 to such export and trans-shipment, and in that regard; 3. Control list ( Operative Paragraph 6 of R. 15): when necessary, to pursue at the earliest opportunity the development of such lists. 7

8 Annex 1: OP2 of R.15: National Legal Framework- ASEAN Countries manufacture/produce acquire possess stockpile/store develop transport transfer use participate as an accomplice assisting financing activities related to means of delivery involvement of non-state actors 6 6 Biological Weapons Chemical Weapons Nuclear Weapons

9 Annex 2: OP2 of R.15: Enforcement-ASEAN Countries manufacture/produce acquire posse ss stockpile/store de velop transport transfer use participate as an accomplice assisting financing activities related to means of delive ry inv olv ement of non-state actors Biological Weapons Chemical Weapons Nuclear Weapons

10 Annex 3: OP3 a) b) of R.15 National Legal Framework-ASEAN countries Measures to account for production 7 Measures to account for use 7 M easures to account for storage 8 M easures to account for transport M easures to secure production Measures to secure use M easures to secure storage Measures to secure transport Regulations for physical protection of facilities/materials/transports M easures to account for / secure/ physically protect means of delivery Biological Weapons Chemical Weapons Nuclear Weapons

11 Annex 4: OP3 a) b) of R. 15 Enforcement-ASEAN countries Measures to account for production 6 Measures to account for use 7 M easures to account for storage 8 Measures to account for transport Measures to secure production Measures to secure use Measures to secure storage Measures to secure transport Regulations for physical protection of facilities/materials/transports Measures to account for / secure/ physically protect means of delivery Biological Weapons Chemical Weapons Nuclear Weapons

12 Annex 5: OP 3 c) d) National Legal Framework- ASEAN countries C o ntro l o f bro kering, trading in, nego tiating, o therwise assisting in sale o f go o ds and techno lo gy Biological Weapons Chemical Weapons Nuclear Weapons B o rder co ntro l T echnical suppo rt o f bo rder co ntro l measures Enfo rcement agencies/ autho rities Expo rt co ntro l legislatio n in place Licensing pro visio ns Individual licensing General licensing N atio nal licensing autho rity C o ntro l lists End-user co ntro ls C atch all clause Intangible transfers T ransit co ntro l T rans-shipment co ntro l R e-expo rt co ntro l C o ntro l o f pro viding funds C o ntro l o f pro viding transpo rt services C o ntro l o f impo rtatio n

13 Annex 6: OP 3 c) d) of R. 15 Enforcement- ASEAN countries C o ntro l o f bro kering, trading in, nego tiating, o therwise assisting in sale o f go o ds and techno lo gy Biological Weapons Chemical Weapons Nuclear Weapons B o rder co ntro l T echnical suppo rt o f bo rder co ntro l measures Enfo rcement agencies/ autho rities Expo rt co ntro l legislatio n in place Licensing pro visio ns Individual licensing General licensing N atio nal licensing autho rity C o ntro l lists End-user co ntro ls C atch all clause Intangible transfers T ransit co ntro l T rans-shipment co ntro l R e-expo rt co ntro l C o ntro l o f pro viding funds C o ntro l o f pro viding transpo rt services C o ntro l o f impo rtatio n

14 I. Key facts about Resolution 15 (4) Requires all states to submit: 1. First report and additional information All States are called upon to report to the Committee on steps they have taken or intend to take to implement the provisions of operative paragraphs 1, 2 and 3 of R. 15. Total number of reporting States is 169. Of those, 5 States have submitted additional information. 24 States have not yet submitted their first report to the Committee. All ASEAN countries has submitted the first report and additional information. The Expert Group has developed a Matrix to examine the status of MS s implementation of the resolution. 14

15 I. Key facts about Resolution 2. Action plan : 15 (4) The Security Council... Encourages all States to prepare on a voluntary basis national implementation action plans, with the assistance of the 15 Committee as appropriate, mapping out their priorities and plans for implementing the key provisions of resolution 15 (4), and to submit those plans to the 15 Committee. Operative Paragraph 8, R.1977 (11) The 15 Committee has received a few action plans (Argentina, Canada, France, US and Serbia). 15

16 I. Key facts about Resolution 15 (4) 3. Requests and offers of assistance: R.18 () and R (11) encourage States that have requests for assistance to convey them to the 15 Committee, and encourage them to make use of the Committee s assistance template. The assistance template is available on the Committee s website ( 4 ASEAN countries submitted to the Committee their requests for assistance; 2 ASEAN countries promised to offer assistance. 16

17 I. Key facts about Resolution 15 (4) All correspondence relating to submission of national reports or requests for assistance should be addressed to the Chairman of 15 Committee and sent to the address below: Secretariat of the 15 Committee, Attention: Chairman, 15 Committee 7 Third Avenue, TB-8E United Nations, New York, NY 17. Fax: sc-15-committee@un.org 17

18 I. Key facts about Resolution 15 (4) 15 Committee: subsidiary body of the UN Security Council, comprises all 15 States members of the SC, supported by a group of experts and by the UN Secretariat (UNODA and UNDPA). R. 55 (12) emphasizes the 15 Committee s significantly increased workload over the course of its mandate, and increasing the size of the group of experts to up to 9 experts. 4 Working Groups: Monitoring and national implementation (Coordinator: Germany) ; Assistance (Coordinator: France) ; Cooperation with international organizations, including the Security Council Committees established pursuant to resolutions 1267 (1999) and 1373 (1) (Coordinator: Togo) ; Transparency and media outreach (Coordinator: US). 18

19 I. Key facts about Resolution 15 (4) Working Principles: Transparency, equal opportunity, cooperation, and consistency. Comprehensive Review The Security Council... Requests the 15 Committee to consider a comprehensive review of the status of implementation of resolution 15 (4) and to report to the Council on its consideration on the matter by no later than 31 January 9; Operative Paragraph 3, R. 18 (8) Decides that the 15 Committee will conduct a comprehensive review on the status of implementation of resolution 15 (4), both after five years and prior to the renewal of its mandate, including, if necessary, recommendations on adjustments to the mandate, and will submit to the Security Council a report on the conclusions of those reviews, and decides that, accordingly, the first review should be held before December 16. Operative Paragraph 3, R (11) Final document on the 9 comprehensive review of the status of implementation of Security Council resolution 15 (4):key findings and recommendations (S//52) 19

20 II. Role of 15 Committee and its expert group 1. Raises the global awareness of R. 15; 2. Facilitates comprehensive implementation to prevent the proliferation of WMD and their means of delivery to non-state actors; 3. Engages in dialogue with States to strengthen their national capacity building; The Security Council Encourages, in that regard, the 15 Committee, with the support of necessary relevant expertise, to actively engage in dialogue with States on the implementation of resolution 15 (4), including through visits to States at their invitation. Operative Paragraph 11, R (11) Four visits to state at their invitation: June 12 the Republic of the Congo May 12 the Republic of Madagascar January -1 February 12 the Republic of Albania September 11 the United States of America

21 II. Role of 15 Committee and its expert group 4. Clearing house for channeling assistance: Operative paragraph 7 of R.15; R. 18 strengthens the role of the 15 Committee in facilitating technical assistance, including by active match-making between requests and offers of assistance; 5. Promotes international cooperation with other IROs Operative paragraph 18 of R. 1977; Joint activities, joint participation in outreach activities and other interactions with more than IROs, including ASEAN, BWC-ISU, IAEA, OPCW, and UNODC, etc. Some regional organizations have designated a coordinator/point of contact to facilitate implementation of R.15 by States and cooperation with the 15 Committee (Operative Paragraph 18, R.1977 (11)). 21

22 III. Resolution 15 and counterterrorism R. 15 is the first binding instrument focus on the dimension of non-state actors; R. 15 fills some gaps in international law by preventing and deterring any non-state actor from manufacturing, acquiring, possessing, developing, transporting, transferring, or using WMD and their means of delivery, in particular for terrorist purposes; 22

23 III. Resolution 15 and counterterrorism R.15 is a non-proliferation instrument in the form of a SC resolution; closely related to other resolutions dealing with counter-terrorism: R (1999): Al-Qaida and Taliban sanctions (since 11, divided into two Committees) R (1): Counter-Terrorism 23

24 III. Resolution 15 and counterterrorism Expert staff of 15 Committee is one of the Counter- Terrorism Implementation Task Force (CTITF) entities: contributes to the counter-terrorism effort of the United Nations according to the mandate; 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. 24

25 III. Resolution 15 and counterterrorism Working together with SC committees established pursuant to R (1999) and 1373 (1) to enhance the capacities of Member States for effective implementation regular contacts in order to maximize exchange of information and sharing of resources avoid duplication Comparative Table: respective mandates & areas of competence/ specificities and complementarities considering a common strategy on reporting more coordinated approach to subregional workshops Working with IROs to continue to participate in outreach activities at the international and regional level. 25

26 Comparative Table 26

27 IV. Implementation: challenge and Accomplishments : beyond The adoption of resolution 15 has prompted significant steps across the globe to prevent non-state actors to manufacture, acquire, possess, develop, transport, transfer or use nuclear, chemical and biological weapons and their means of delivery, and has also facilitated gathering comprehensive data of measures taken by States. Final Document of the Comprehensive Review on the status of implementation of R. 15, January 27

28 IV. Implementation: challenge and Accomplishments: beyond Wide acceptance of resolution 15 as a platform for cooperation; Demonstrated actions by States to implement the resolution; Increasing role played by relevant IROs; Active and transparent role by the 15 Committee, including on facilitation of assistance. 28

29 IV. Implementation: challenge and Challenges: beyond [ the conclusions of the Comprehensive Review] demonstrate the need for a long-term focus to address these non-proliferation challenges through cooperation with and among Member States. (Final Document of the Comprehensive Review on the status of implementation of R. 15, January ) 29

30 IV. Implementation: challenge and Challenges: beyond Full implementation: National report; Adaptation of legislative frameworks; Establishment of domestic controls; Capacity-building efforts.

31 IV. Implementation: challenge and Way forward: beyond The -year extension of the mandate of the 15 Committee decided through R (11), supplemented with annual reviews and two comprehensive reviews, allows better planning opportunities for all partners; Annual Programmes of Work of the Committee to be submitted to the SC before the end of each May. 31

32 Thank you for your attention! For more information visit the Committee s web site at: 15experts@un.org 32