UNSC Resolution 1540 (2004)

Transcription

1 THE TABLE-TOP EXERCISE ON THE PREPAREDNESS OF STATES PARTIES TO PREVENT TERRORIST ATTACKS INVOLVING CHEMICALS UNSC Resolution 1540 (2004) Warsaw, Republic of Poland November 2010 Prepared by: Isabella Interlandi Expert, 1540 Committee, UN Security Council phone:

2 UNSC Resolution 1540 (2004) Adopted by unanimity on 28 April 2004 under Chapter VII of the UN Charter, the resolution contains binding obligations for all member States First formal decision taken by the Security Council to address the proliferation of nuclear, chemical or biological weapons as well as their means of delivery as a threat to international peace and security, and to consider illicit trafficking in weapons of mass destruction (WMD) and their means of delivery, and related materials as a new dimension of proliferation Requires that 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 (Operative Paragraph 1)

3 UNSC Resolution 1540 (2004) Operative Paragraph 2 Prohibitions Decides also that all States, in accordance with their national procedures, shall adopt and enforce appropriate effective laws which prohibit any non- State actor to manufacture, acquire, possess, develop, transport, transfer or use nuclear, chemical or biological weapons and their means of delivery as well as attempts to engage in any of the foregoing activities, participate in them as an accomplice, assist or finance them in particular for terrorist purposes

4 Comparison of Prohibited Activities under UNSC resolution 1540 (2004) and the Chemical Weapons Convention

5 Operative paragraph 3 DOMESTIC CONTROLS OVER RELATED MATERIALS All States shall take and enforce effective measures to establish domestic controls over related materials to prevent the proliferation of nuclear, chemical, or biological weapons and their means of delivery (a) Account for and secure production, use, storage or transport (b) Physical Protection States have reported to have in place measures related with OP 3 of the resolution 1540 in the following categories: Health Protection - Environment Protection - Agriculture and Animal Health - Pharmacy - Radiation Safety - Transport of hazardous materials

6 continue Operative Paragraph 3: CONTROLS ON TRADE (c) Develop and maintain appropriate effective border controls to detect, deter, prevent and combat illicit traffic - brokering (d) Establish, develop, review and maintain appropriate effective national export and trans-shipment controls over such items Export, transit, trans-shipment and re-export controls Funds and services such as financing and transporting End-users controls Adopt appropriate criminal or civil penalties for violations

7 Implementation of Resolution 1540 (2004) Each State decides, in accordance with its own national procedures how best to implement the obligations derived from Resolution 1540 (2004) Each State sets its own priorities considering the constitutional and administrative structure, the existing legislation, the national economy and its developing sectors, the national security with possible threats

8 Cooperation At national level through the establishment of appropriate agency or interagency body and through outreach to industry and civil society At regional and subregional level trough the cooperation and coordination between national and regional bodies to promote the sharing of experiences and lessons learned At international level through the cooperation with ad hoc agencies and organizations (IAEA, OPCW, ISU, WCO)

9 Cooperation with the 1540 Committee dialogue with the 1540 Committee and its experts submission of report, additional information and voluntary summary implementation plans requests of technical assistance consultations with national authorities

10 Facilitating Assistance The 1540 Committee website lists offers of related assistance ( Around 50 States have offered or reported providing technical support International institutions, such as the EU, the IAEA, the OPCW or the WCO also facilitate or provide assistance as well as NGOs The 1540 Committee website also lists some requests for assistance received ( The Committee has approved new procedures and an assistance template

11 The template: The Assistance Template is intended to serve as a useful tool for States seeking assistance to implement their obligations under UN Security Council Resolution 1540 (April 2004). has been designed to enable a dialogue with potential donors on concrete projects with clearly identified objectives covers four types of information: Summary Information Specific Project Activities Funding Points of Contact information

12 Resolution 1540 and Chemical Weapons Convention Complementarity Operative paragraph 5 decides that the obligations contained in the resolution do not conflict with or alter the rights and obligations of State Parties to the Chemical Weapons Convention and do not alter the responsibilities of the Organization for the Prohibition of Chemical Weapons Universalization Operative paragraph 8 calls upon all States to promote the universal adoption and full implementation, and, where necessary, strengthening of multilateral treaties to which they are parties, whose aim is to prevent the proliferation of.chemical weapons Convergence of efforts Operative paragraph 8 calls upon all States to renew and fulfil their commitment to multilateral cooperation with OPCW in achieving common objectives in the area of non-proliferation and of promoting international cooperation for peaceful purposes

13 Appreciation to OPCW In all these areas the 1540 Committee is strengthening the cooperation with the OPCW and other entities Regular and reciprocal representation at events of the OPCW and the 1540 Committee have helped greatly As Director General of OPCW Ambassador ÜZÜMCÜ has underlined the OPCW with its institutional capacity and experience is uniquely placed to advance the objectives of resolution 1540 The support expressed to the 1540 Committee Chairman has created a path for close relations, which we greatly appreciate

14 Additional 1540 PoC Fax: Website: dr. Isabella Interlandi LL.M.Eur Expert, 1540 Committee, UN Security Council phone: