UNSC Resolution 1540 and Transport of Radioactive Materials: Challenges in Africa

1. International Conference on the safe and Secure Transport of Radioactive Materials: The Next Fifty Years -Creating a Safe, Secure and Sustainable Framework Vienna, Austria, 17-21 October 2011 UNSC Resolution 1540 and Transport of Radioactive Materials: Challenges in Africa B. Andemicael,1540 Experts mobile: +1 (212) 963-5584 fax: +1 (917) 367 9358 E-mail: andemicael @un.org

2. Outline I. Nature of UN Security Council Res.1540 (2004) II. Complementarity of Nuclear Security Measures - reference to Transport III. Challenges in Africa

3. I Nature of UN Security Council Resolution 1540 (2004)

4. I. UNSCR 1540 (2004)Nature • Adopted by unanimity on 28 April 2004 under Chapter VII of the UN Charter. • First formal decision taken by the Security Council to address the proliferation of weapons of mass destruction (WMD) as a global threat to international peace and security. • Establishes bindingobligations on all States to take a series of steps to prevent the proliferation of WMD, their means of delivery and related materials. • Each State decides for itself how to implement resolution 1540.

5. UNSCR 1540 (2004) • 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. • 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. Definitions * * for the purpose of this resolution only

6. UNSCR 1540 Prohibitions: Non-support clause “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)

7. I. UNSCR 1540 Prohibitions: National legislation “All States, in accordance with their national procedures, shall adopt and enforce appropriate effective laws whichprohibit 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)

8. I. UNSCR 1540: Domestic Controls 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”

9. I. UNSCR 1540: Domestic Controls 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…”

10. I. UNSCR 1540: Domestic Controls 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…”

11. I. UNSCR 1540: Domestic Controls 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”

12. II. Tables Complementarities: Treaties and Nuclear Security Measures

15. III Challenges in Africa

16. Africa and Implementation of Resol. 1540 - Control of Nuclear Materials 1540 ObligationsFramework/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 / 61Include.Transport=19% / 9% = 38% / 32% Export controls- 2 / 1 31 / 26 Transport services = 3.7% / 2% = 16%/ 13.5%

17. Challenges of Implementation in Africa • Domestic emergency situations • Need for implementation capacity • Low security perception re. WMD • Competing national priorities • Complexity of inter-ministerial coordination • Complexity of legislative process • Multiplicity of treaty obligationsand reporting requirements

18. Thank you • Comments and suggestions are WELCOME • Direct Comments and Suggestions to: • Fax: +1 (917) 367 9358 • E-mail: andemicael@un.org • For more information visit the Committee’s web site: http://www.un.org/sc/1540 1540experts@un.org Thanks also for the continuing support of UN/ODA staff members Mr. Chen Wang and Mrs. Pat Fernando