UNSC Resolution 1540 and Transport of UNSC Resolution 1540 and Transport of Radioactive Materials: Radioactive Materials:

Challenges in AfricaChallenges in Africa

UNSC Resolution 1540 and Transport of UNSC Resolution 1540 and Transport of Radioactive Materials: Radioactive Materials:

Challenges in AfricaChallenges in Africa

B. Andemicael,1540 ExpertsB. Andemicael,1540 Experts

mobile: +1 (212) 963-5584 mobile: +1 (212) 963-5584 fax: +1 (917) 367 9358fax: +1 (917) 367 9358

E-mail: E-mail: andemicael @un.organdemicael @un.org

International Conference on the safe and International Conference on the safe and Secure Transport of Radioactive MaterialsSecure Transport of Radioactive Materials: : The Next Fifty Years -Creating a Safe, Secure and The Next Fifty Years -Creating a Safe, Secure and

Sustainable FrameworkSustainable FrameworkVienna, Austria, 17-21 October 2011Vienna, Austria, 17-21 October 2011

International Conference on the safe and International Conference on the safe and Secure Transport of Radioactive MaterialsSecure Transport of Radioactive Materials: : The Next Fifty Years -Creating a Safe, Secure and The Next Fifty Years -Creating a Safe, Secure and

Sustainable FrameworkSustainable FrameworkVienna, Austria, 17-21 October 2011Vienna, Austria, 17-21 October 2011

OutlineOutline

I. Nature of UN Security Council Res.1540 (2004)

II. Complementarity of Nuclear Security Measures - reference to

Transport

III. Challenges in Africa

I

Nature of UN Security Council Resolution 1540

(2004)

Adopted by unanimity on 28 April 2004 under Adopted by unanimity on 28 April 2004 under Chapter VII of the UN Charter. Chapter VII of the UN Charter.

First formal First formal decisiondecision taken by the Security Council to taken by the Security Council to address the proliferation of weapons of mass destruction address the proliferation of weapons of mass destruction (WMD) as a global threat to international peace and (WMD) as a global threat to international peace and security.security.

Establishes Establishes bindingbinding obligations on all States to obligations on all States to take a series of steps to prevent the proliferation take a series of steps to prevent the proliferation of WMD, their means of delivery and related materials. of WMD, their means of delivery and related materials.

Each Each State State decidesdecides for itself how to for itself how to implementimplement resolution 1540.resolution 1540.

I. UNSCR 1540 (2004)I. UNSCR 1540 (2004)NatureNature

I. UNSCR 1540 (2004)I. UNSCR 1540 (2004)NatureNature

Definitions *

UNSCR 1540 (2004)UNSCR 1540 (2004)UNSCR 1540 (2004)UNSCR 1540 (2004)

Non-State actorNon-State actor: individual or entity, not acting under : individual or entity, not acting under the lawful authority of any State in conducting the lawful authority of any State in conducting activities which come within the scope of this activities which come within the scope of this resolution.resolution.

Related materialsRelated materials: materials, equipment and : materials, equipment and technology covered by relevant multilateral treaties technology covered by relevant multilateral treaties and arrangements, or included on national control and arrangements, or included on national control lists, which could be used for the design, development, lists, which could be used for the design, development, production or use ofproduction or use of nuclear nuclear, chemical and biological , chemical and biological weapons and their means of delivery.weapons and their means of delivery.

* for the purpose of this resolution only

“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 [WMD] and their means of delivery.” (Op. Para 1)

UNSCR 1540 Prohibitions:

Non-support clause

“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, in particular for terrorist purposes, as well as attempts to engage in any of the foregoing activities, participate in them as an accomplice, assist or finance them.” (Op.para.2)

I. I. UNSCR 1540 Prohibitions:

National legislation

National legislation: to account for, secure and physically protect

“All States shall take and enforce effective measures to establish domestic controls to prevent the proliferation of nuclear, chemical, or biological weapons, their means of delivery, including by establishing appropriate controls over related materials and to this end shall:” (Op. para. 3)

“(a) Develop and maintain appropriate effective measures to account for and secure such items in production, use, storage or transport”

“(b) Develop and maintain appropriate effective physical protection measures”

I. UNSCR 1540: Domestic I. UNSCR 1540: Domestic ControlsControls

National legislation: Border controls (Op.para. 3)

“(c) 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…”

I. UNSCR 1540: Domestic I. UNSCR 1540: Domestic ControlsControls

I. UNSCR 1540: Domestic I. UNSCR 1540: Domestic ControlsControls

National legislation: Export controls (Op. para. 3)

(d) Establish, develop, review and maintain appropriate effective national export and trans- shipment controls over such items, including appropriate laws and regulations to control export, transit, trans-shipment and re-export and controls on providing funds and services related to such export and trans-shipment such as financing, and transporting that would contribute to proliferation…”

I. UNSCR 1540: Domestic I. UNSCR 1540: Domestic ControlsControls

National legislation: Export controls (Op. para. 3) (contd.)

“(d)… as well as establishing end-user controls; and establishing and enforcing appropriate criminal or civil penalties for violations of such export control laws and regulations”

II. Tables

Complementarities: Treaties and Nuclear

Security Measures

III

Challenges in Africa

1540 Obligations Framework/Enforcement Activity Africa(53 States) Global (192 States) Framework / Enforcement Framework / Enforcement

Accounting Production 34 / 12 164 / 73 Use 35 / 13 195 / 73 Storage 35 / 12 165 / 71 Transport 11 / 8 78 / 72

= 21% / 15% =41% / 37% Securing Production 10 / 8 81 / 72 Use 11 / 11 90 / 81 Storage 11 / 10 89 / 80 Transport =12% / 12% 101% / 100% Physical protection 9 / 5 74 / 61 Include.Transport

=19% / 9% = 38% / 32% Export controls- 2 / 1 31 / 26 Transport services = 3.7% / 2% = 16%/ 13.5%

Africa and Implementation of Resol. 1540 - Control of Nuclear

Materials

ChallengesChallengesof Implementation in Africaof Implementation in Africa

Domestic emergency situationsDomestic emergency situations Need for implementation capacityNeed for implementation capacity Low security perception re. WMDLow security perception re. WMD Competing national prioritiesCompeting national priorities Complexity of inter-ministerial coordinationComplexity of inter-ministerial coordination Complexity of legislative processComplexity of legislative process Multiplicity of treaty obligationsand reporting requirementsMultiplicity of treaty obligationsand reporting requirements

Thank youThank youThank youThank you

Comments and suggestions are Comments and suggestions are WELCOMEWELCOME

Direct Comments and Suggestions Direct Comments and Suggestions to:to:

Fax: +1 (917) 367 9358Fax: +1 (917) 367 9358

E-mail: andemicael@un.orgE-mail: andemicael@un.org

For more information visit the For more information visit the Committee’s web site:Committee’s web site:

http://www.un.org/sc/1540http://www.un.org/sc/1540

1540experts@un.1540experts@un.orgorg

Thanks also for the continuing support of UN/ODA staff members Mr. Chen Wang and Mrs. Pat Fernando