The Challenge of Cooperation: The Challenge of Cooperation: Implementing UNSCR 1540 (2004) Implementing UNSCR 1540 (2004)

Presentation by Richard T. Cupitt for the 9Presentation by Richard T. Cupitt for the 9 thth OAS/CICTE POC Meeting, OAS/CICTE POC Meeting, Washington, DC, 18 March 2011Washington, DC, 18 March 2011

This presentation reflects the views of the author and does not necessarily reflect the views of the This presentation reflects the views of the author and does not necessarily reflect the views of the 1540 Committee, the 1540 Committee experts, or the UN Security Council1540 Committee, the 1540 Committee experts, or the UN Security Council

The resolution contains many prohibitions, obligations and recommendations for implementation, buy an unofficial count:

Prohibitions, Controls and Recommendations

1. 113 specific prohibitions2. 152 controlled activities3. At least 8 recommended activities

YOU MUST BE KIDDING!

The Global PictureThe Global Picture

020

40

60

Num

ber

of

Mem

ber

Sta

tes

0 30 60 90 120 150 180 210 240 270 300

Number of Measures Taken (0-313 1540 matrix elements)

Note: The above chart is based on information compiled by the 1540 Committee on the 313 of the 382 matrix elements that pertain to implementation measures, for example those contained in paras. 2, 3 (a-d), 6 and 8 (d).

313

ChallengesChallenges

Helping States understand that implementing Helping States understand that implementing resolution 1540 can contribute to broader resolution 1540 can contribute to broader development objectives development objectives

Identifying good practices and increasing Identifying good practices and increasing experience sharingexperience sharing

THE 1540 COMMITTEE: Resolution 1540 (2004) established a committee to monitor and report on the status of implementation. Resolutions 1673 (2006) and 1810 (2008) extended the mandate of the committee to include facilitating implementation. A new resolution is under negotiation.

Four Keys to Making 1540 a Success

NATIONAL DISCRETION: The resolution identifies the obligations, States decide how to implement these obligations

COOPERATIVE APPROACH: The 1540 Committee is NOT a sanctions committee. It facilitates implementation through cooperation, dialogue, and as a clearinghouse for assistance

ASSISTANCE: The resolution says that some States may require assistance “invites” States to offer assistance in response to specific requests

Cooperation: 1540 and the OAS

Cooperation with the 1540 CommitteeSeveral OAS resolutions supporting

implementation among OAS members1540 implementation incorporated into the

CICTE POW

Cooperation with other international bodies IAEA, OPCW, etc., work in the region

Cooperation: 1540 and the OAS

Cooperation with Sub-Regional BodiesCARICOM and SICA on assistance requests1540 Mercosur Workshop

Cooperation among StatesAssistance partnerships, e.g., Commodity

Identification Training

Cooperation with civil society and industry

General Cooperation: Lessons Learned - Vienna

POCs Plenty of scope within current mandates to increase

information sharing at all levels Understanding data collection interests

International organizations should pay more attention to good practices already developed by member States. At the same time, some regional organizations preferred a “continental” approach to developing guidelines.

Several organizations have relevant model legislation, including the IAEA, the OAS (with UNODC/TPB), and the mandate to provide legislative advice or assistance.

Non-government professional or research organizations can play an important role in developing and promoting good or best practices, especially by identifying gaps in existing standards and practices.

Best Practices: Lessons Learned - Vienna

Many of the organizations set relevant standards, codes and best practices that, along with international conventions.

Several organizations are willing to share their experience in working with parliaments on ratifying treaties, adopting codes, etc.

Several organizations have a mandate to identify gaps between national measures and international standards.

Regional organizations should work to establish priorities for implementation, especially where the required resources go beyond the capacity of individual States to implement.

The 1540 Committee could do more to share such standards, codes and best practices.

Regional Cooperation: Lessons Learned - Vienna

Clarifying how regional or subregional organizations can insert themselves in relevant funding streams;

Engaging all stakeholders, including regional and subregional organizations, in the design phase of assistance projects;

Increasing coordination to ensure that small or low-capacity States do not become over-burdened (e.g., absorb assistance ineffectively);

Sharing methodologies on evaluation of assistance efforts, as a start to improving assistance activities;

Engaging the 1540 Committee and States on how to verify the delivery of assistance and the meeting of needs;

Having regional organizations work more directly with implementing agencies, which may require additional awareness-raising activities as well as assistance on implementation.

Facilitating Assistance: Offers

We have identified 59 States with offers of assistance

Offers from 44 States appear on the Web Site Now

More to appear soon

Many international institutions also facilitate or provide related assistance, and the 1540 Committee has begun to exchange assistance requests with several of them

Facilitating Assistance: RequestsThe 1540 Committee has 42 “verified” requests

for assistance, with more to come Fifteen States have sent formal Notes to the Committee

requesting assistance: Two sub-regional organizations have sent formal Notes,

namely CARICOM and SICA (which has a supporting Note from the OAS)

In addition to the formal requests, the Committee approved a list of 25 additional requests to a meeting of the G8.

For these 42 requests, States have notified the Committee that they have provided assistance directly or indirectly related to the request in 38 cases.

At least 7 of these requests are specifically on export controls

Thank You!Thank You!

Questions?Questions?

General Points of ContactGeneral Points of Contact• E: E: 1540experts@un.org• Fax: +1 917 367 9358Fax: +1 917 367 9358• Website: Website: http://www.un.org/sc/1540/

Personal Points of ContactPersonal Points of Contact• Dr. Richard T. CupittDr. Richard T. Cupitt

Coordinator, 1540 Committee Experts, UN Security CouncilCoordinator, 1540 Committee Experts, UN Security CouncilE: E: cupitt@un.orgPhone: + 1 (212) 963 1947 (o); +1 (202) 210 2741 (m)Phone: + 1 (212) 963 1947 (o); +1 (202) 210 2741 (m)