OTTAWA, CANADA, 31 October - 2 November 2017 RAPHAEL PRENAT MEMBER - - PowerPoint PPT Presentation

IMPLEMENTATION OF THE UN SECURITY COUNCIL RESOLUTION1540 (2004) Bridging needs and assistance OTTAWA, CANADA, 31 October - 2 November 2017

RAPHAEL PRENAT MEMBER GROUP OF EXPERTS SUPPORTING THE UNITED NATIONS SECURITY COUNCIL 1540 COMMITTEE

The views expressed are those of the presenter and do not necessarily represent the views of the 1540 Committee

OUTLINE OF PRESENTATION

• SECURITY BACKGROUND IN AFRICA
• 1540 BIOLOGICAL REQUIREMENTS AND IMPLEMENTION IN AFRICA
• ASSISTANCE NEEDS TO IMPLEMENT RESOLUTION 1540 (2004) IN AFRICA

SECURITY BACKGROUND IN AFRICA

BIOLOGICAL HAZARDS IN AFRICA (1)

• 59 Biological agents in the AG List of Human and Animal Pathogens and Toxins can

be found in Africa (23 virus, 21 bacteria, 15 toxins)

• Some of them can be zoonotic agents or have the capability to infect only animals.
• Some of them are toxic for human and animals.
• 11 Biological agents in AG List of Plant Pathogens can be found in Africa.
• The bioterrorism is not limited to human only. The impact of agro-terrorism could be

devastating for African agriculture/herds.

• The security of pathogens must be a higher priority for the African authorities.

BIOLOGICAL HAZARDS IN AFRICA (2)

BIOLOGICAL HAZARDS IN AFRICA (3)

THE THREAT IS REAL AND PRESENT

1540 BIOLOGICAL REQUIREMENTS AND IMPLEMENTION IN AFRICA

UN SECURITY COUNCIL RESOLUTION 1540 (2004)

• Legally binding instrument countering the

threat posed by non-state actors, including terrorists, of acquiring such weapons or related materials.

• Complements relevant multilateral treaties and

arrangements, such as NPT, CWC, BWC.

• States have to take a series of steps to

prevent the proliferation of WMD and their means of delivery to non-state actors.

Implementing the Obligations

• The resolution spells out the obligations

for what States have to do, but not how to do it.

• Needs the engagement of all stakeholders

for effective implementation.

Basic obligations

• 1. Refrain from providing any form of support to

non-state actors that attempt to develop, acquire, manufacture, possess, transport, transfer or use WMD and their means of delivery

Basic obligations

• 2. Adopt and enforce appropriate and effective

laws that prohibit any non-state actor engaging in such activities, including acting as an accomplice,

• r to assist or to finance

10 20 30 40 50 Involvement of non-State actors Means of delivery Finance Assit Participate Use Transfer Transport Develop Stockpile/Store Possess Acquire Manufacture/Produce

Africa: OP2 (biological) Legal Framework

2015 2010

10 20 30 40 50 Involvement of non-State actors Means of delivery Finance Assit Participate Use Transfer Transport Develop Stockpile/Store Possess Acquire Manufacture/Produce

Africa: OP2 (biological) Enforcement Measures

2015 2010

OP2 (BIOLOGICAL) IMPLEMENTATION IN AFRICA

OP2 Core Prohibitions Legal Framework Enforcement Measures 7 Prohibitions 10 countries 6 countries 6 Prohibitions 7 countries 5 countries 5 Prohibitions 9 countries 4 countries 4 Prohibitions 1 country 1 country 3 Prohibitions 1 country 2 Prohibitions 3 countries 6 countries 1 Prohibition 6 countries 6 countries 0 Prohibitions 17 countries 26 countries

Basic obligations

• 3. Establish domestic controls to prevent the

proliferation of these weapons, i.e. controls over related materials, measures in the areas of accounting / securing, physical protection, border and law enforcement, export and trade- related controls.

10 20 30 40 50 Means of delivery Reliability check of personnel Licensing/Registration Regulations for physical protection Secure for transport Secure for storage Secure for use Secure for production Account for transport Account for storage Account for use Account for production

Africa: OP3 a/b (biological) Legal Framework

2015 2010

10 20 30 40 50 Means of delivery Reliability check of personnel Licensing/Registration Regulations for physical protection Secure for transport Secure for storage Secure for use Secure for production Account for transport Account for storage Account for use Account for production

Africa: OP3 a/b (biological) Enforcement Measures

2015 2010

OP3 a/b (BIOLOGICAL) IMPLEMENTATION IN AFRICA

OP3 a/b Measures Legal Framework Enforcement Measures 12 Measures 1 country 1 country 9 Measures 1 country 1 country 4 Measures 1 country 3 Measures 1 country 1 country 2 Measures 3 countries 3 countries 1 Measure 4 countries 3 countries 0 Measures 44 countries 44 countries

OP3 c (BIOLOGICAL) IMPLEMENTATION IN AFRICA

OP3 c Measures Legal Framework Enforcement Measures 3 Measures 6 countries 3 countries 2 Measures 24 countries 30 countries 1 Measure 17 countries 14 countries 0 Measures 5 countries 7 countries

10 20 30 40 50 Control of brokering Extraterritorial applicability Control of importation Control of providing transport services Control of providing funds Re-export control Trans-shipment control Transit control Intangible transfers Catch all clause End-user controls Inclusion of means of delivery Inclusion of technologies Updating of lists Control lists Interagency review for licenses National licensing authority Licensing of deemed export/visa Exceptions from licensing General licensing Individual licensing Licensing provisions Export control legislation in place

Africa: OP3 d (biological) Legal Framework

2015 2010

10 20 30 40 50 Control of brokering Extraterritorial applicability Control of importation Control of providing transport services Control of providing funds Re-export control Trans-shipment control Transit control Intangible transfers Catch all clause End-user controls Inclusion of means of delivery Inclusion of technologies Updating of lists Control lists Interagency review for licenses National licensing authority Licensing of deemed export/visa Exceptions from licensing General licensing Individual licensing Licensing provisions Export control legislation in place

Africa: OP3 d (biological) Enforcement Measures

2015 2010

OP3 d (BIOLOGICAL) IMPLEMENTATION IN AFRICA

OP3 d Measures Legal Framework Enforcement Measures

20 Measures 1 country 1 country 12 Measures 1 country 11 Measures 1 country 6 Measures 3 countries 2 countries 5 Measures 2 countries 4 Measures 1 country 3 Measures 1 country 3 countries 2 Measures 6 countries 7 countries 1 Measure 22 countries 20 countries 0 Measures 18 countries 19 countries

ASSISTANCE NEEDS TO IMPLEMENT RESOLUTION 1540 (2004) IN AFRICA

Framework OP 7 of resolution 1540 Recognizes that some States may require assistance in

implementing the provisions of this resolution within their territories and invites States in a position to do so to offer assistance as appropriate in response to specific requests to the States lacking the legal and regulatory infrastructure, implementation experience and/or resources for fulfilling the above provisions

Framework

OP 19-20 of resolution 2325 (2016)

• 19. Urges States as well as relevant international, regional and sub-regional
• rganizations to inform the 1540 Committee, as appropriate, of areas in which they

are able to provide assistance, and calls upon States as well as such organizations, if they have not done so previously, to provide the Committee with information on their

• ngoing assistance programmes relevant to resolution 1540 (2004);
• 20. Urges the Committee to continue strengthening its role in facilitating technical

assistance for implementation of resolution 1540 (2004), in particular by engaging actively in matching offers and requests for assistance, inter alia through a regional approach, where appropriate, as well as the holding of regional assistance conferences, which bring together States that request assistance with those offering assistance

Identification of assistance needs

Areas?

• Export controls, border controls
• Nature of request: Equipment, training, legislative assistance
• Presentation of reports
• The assistance requests can come in various forms

Chemical Biological Nuclear

Soft capacity building Hard capacity building Reporting, adapting the legal and regulatory framework, considering the adoption of control lists, coordinating efforts, developing new working methods, training relevant stakeholders, developing mechanisms to involve the industry and the private sector... Deployment and use of detection and analysis equipment, physical protection measures, enhancement of enforcement capabilites

Assistance – Africa Assistance

• Today, 9 African countries request the assistance of

the 1540 Committee on issues related to biological area.

• OIE has responded favorably to five African States

requests (Lesotho, Malawi, Niger, Togo and Zambia).

• 1540 Committee has developed a strong

partnership with international organizations (BTWC- ISU, EU, OIE, WHO) and many States providing assistance with a dedicated focus on Africa.

List of UN Member States requesting the assistance by 1540 Committee

• 1. Cabo Verde
• 2. Rep. of Congo
• 3. Ethiopia
• 4. Ghana
• 5. Lesotho
• 6. Malawi
• 7. Niger
• 8. Togo
• 9. Zambia

Assistance – The Match-Making Role Assistance

• Support in identifying implementation

challenges and assistance needs

• Providing a forum for the development of

assistance partnerships

• Single Window for assistance requests
• “Matchmaking” by the Committee and the

Group of Experts

• Dialogue with relevant International,

Regional and Sub-regional Organisations

Forum for partnerships Dialogue Matchmaking Single Window Support for needs assessment 1540 Committee

CONTACT DETAILS

Chair of the 1540 Committee Secretariat of the 1540 Committee Attention: Chair, 1540 Committee 2 United Nations Plaza, Room DC2-0870 United Nations, New York, NY 10017 Fax: +1 (212) 963-1300, Email: sc-1540-Committee@un.org 1540 Committee Group of Experts 300 East, 42nd Street, Third Floor, New York, NY 10017 Fax:+1 (917) 367 9358, Email: 1540experts@un.org 1540 Committee Website www.un.org/sc/1540

Thank You for Your Attention