1540 COMMITTEE MATRIX OF MADAGASCAR

Transcription

1 1540 COMMITTEE MATRI OF MADAGASCAR The information in the matrices originates primarily from national reports and is complemented by official government information, including that made available to inter-governmental organizations. The matrices are prepared under the direction of the 1540 Committee. The 1540 Committee intends to use the matrices as a reference tool for facilitating technical assistance and to enable the Committee to continue to enhance its dialogue with States on their implementation of Security Council Resolution The matrices are not a tool for measuring compliance of States in their non-proliferation obligations but for facilitating the implementation of Security Council Resolutions 1540 (2004), 1673 (2006), 1810 (2008) and 1977 (2011). They do not reflect or prejudice any ongoing discussions outside of the Committee, in the Security Council or any of its organs, of a State's compliance with its non-proliferation or any other obligations. Information on voluntary commitments is for reporting purpose only and does not constitute in any way a legal obligation arising from resolution 1540 or its successive resolutions. OP 1 and related matters from OP 5, OP 6, OP 8 (a), (b), (c) and OP 10 State: Madagascar Date of Report: 7 February 2008 Date of Addendum: 29 May 2013 Last Revised: April 2015 Legally binding instruments, organizations, codes of conduct, arrangements, statements and other issues Nuclear Non- Proliferation Treaty (NPT) Nuclear eapons Free Zone/ Protocol(s) Convention for the Suppression of Acts of Nuclear Terrorism Convention on Physical Protection of Nuclear Material (CPPNM) 2005 Amendment to the CPPNM YES if YES, relevant information (i.e. signing, accession, ratification, etc) Deposit 8 October 1970 Treaty of Pelindaba, deposit 23 December 2003? Signed 15 September 2005 Deposit 28 October Remarks (information refers to the page of the English version of the national report or an official web site)

2 6 7 8 Comprehensive Nuclear- Test-Ban Treaty (CTBT) (not in force) Chemical eapons Convention (CC) Biological eapons Convention (BC) Deposit 15 September 2005 Deposit 20 October 2004 Deposit 7 March Geneva Protocol of 1925 Deposit 2 August Other Conventions/Treaties International Atomic Energy Agency (IAEA) Hague Code of Conduct (HCOC) State Party to 12 of 19 universal legal instruments to fight against terrorism, including the following relevant to resolution 1540 (2004): International Convention for the Suppression of Terrorist Bombings International Convention for the Suppression of the Financing of Terrorism OAU Convention on the Prevention and Combating of Terrorism International Health Regulation (2005) Since 1965 Subscribed 25 November Other Arrangements Global Initiative to Combat Nuclear Terrorism (GICNT) General statement on non-possession of MD General statement on commitment to disarmament and nonproliferation General statement on non-provision of MD and related materials to non-state actors 17 Other 1 State reports that it possesses no weapons of mass destruction and has no plans to acquire them State reports that it is committed to disarmament and to non-proliferation of weapons of mass destruction State reports that it attaches great importance to the non-proliferation of weapons of mass destruction to non- State actors Member of : African Union (AU) Common Market for Eastern and Southern Africa (COMESA) International Maritime Organization (IMO) International Monetary Fund (IMF) Indian Ocean Commission (IOC) INTERPOL Organisation for Animal Health (OIE) Southern African Development Community (SADC) orld Bank Group 2

3 orld Customs Organization (CO) and signed Declaration on Implementation of the CO 2005 Framework of Standards to Secure and Facilitate Global Trade orld Health Organization (HO) State Party to the following Convention : Cotonou Agreement 1. Including, as appropriate, information with regard to membership in relevant international, regional or sub-regional organizations. 3

4 OP 2 - Nuclear eapons (N), Chemical eapons (C) and Biological eapons (B) Does national legislation exist which prohibits persons or entities to engage in one of the following activities? Can violators be penalized? N YES C B National legal framework if YES, source document of national implementation law Article 132 of the Constitution of 2006 (duly ratified treaties and agreements have an authority higher than that of domestic laws) in conjunction with NPT and with the Pelindaba Treaty N YES C Enforcement: civil/criminal penalties and others B if YES, source document Transnational Crime, Art. 10. (manufacture of radiological device or nuclear materials) Remarks 1 manufacture/produce Transnational Crime, Art. 10. (manufacture of radiological device or nuclear materials) B: Article 132 of the Constitution of 2006 (duly ratified treaties and agreements have an authority higher than that of domestic laws) in conjunction with Biological eapons Convention (BC) with NPT and with the Pelindaba Treaty 2 acquire B: Article 132 of the Constitution of 2006 in conjunction with Biological eapons Convention (BC) 4

5 Article 132 of the Constitution with the Pelindaba Treaty Transnational Crime, Art. 10. (detention of radiological device or nuclear materials) Transnational Crime, Art. 10. (detention of radiological device or nuclear materials) 3 possess B: with BC Article 132 of the Constitution with the Pelindaba Treaty 4 stockpile/store B: with BC Article 132 of the Constitution with the Pelindaba Treaty 5 develop B: with BC 6 transport Transnational Crime, Art. 10. (transport by ship of N, C or B) Transnational Crime, Art. 10. (transport by ship of N, C or B) Article 132 of the Constitution with the Pelindaba Treaty (for land and inland water 5 Transnational Crime, Art. 10. (transport of

6 transport) Transnational Crime, Art. 10. (transport of radiological device or nuclear materials without authorization) radiological device or nuclear materials without authorization) Transnational Crime, Art 10 (transfer of nuclear materials without authorization) Transnational Crime, Art 10 (transfer of nuclear materials without authorization) 7 transfer B: with BC with the Convention for the Suppression of Terrorist Bombings Transnational Crime, Art. 8. (use of device based on toxic chemical, biological agent, toxin or radiological material), Art. 9 (use of N, C or B against a ship) 8 use Transnational Crime, Art 10 (use of radiological device for terrorism purpose or use of nuclear materials without authorization) B: with Geneva Protocol 9 participate as an accomplice in abovementioned activities with the Convention for the Suppression of Terrorist Bombings N/C/B Transnational Crime, Art 16 (assistance to terrorist activities) 6

7 in conjunction with the Penal Code, Art assist in abovementioned activities with the Convention for the Suppression of Terrorist Bombings in conjunction with the Penal Code, Art. 59 Transnational Crime, Art 16 (assistance to terrorist activities) in conjunction with the Penal Code, Art finance abovementioned activities with the Convention for the Suppression of Financing of Terrorism Transnational Crime, Art 11 (Financing of terrorism) Law No of August 2004 on Antimoney laundering Decree June 2007 creates Financial Information Service (SAMIFIN), operational since 22 May abovementioned activities related to means of delivery 2 B: with BC 13 involvement of non- State actors in abovementioned activities with the Convention for the Suppression of Terrorist Bombings Transnational Crime, Art 15 (agreement to realize a terrorist act) and Art Other 2. Means of delivery: missiles, rockets and other unmanned systems capable of delivering nuclear, chemical, or biological weapons, that are specially designed for such use. 7

8 OP 3 (a) and (b) - Account for/secure/physically protect N, C and B, including Related Materials 3 Are any of the following measures, procedures or legislation in place to account for, secure or otherwise protect N, C, B and Related Materials? Can violators be penalized? 1 Measures to account for production N YES C B * National legal framework if YES, source document INFCIRC June 1973 and SQP amended 29 May 2008 Additional Protocol 18 September 2003 management N YES C Enforcement: civil/criminal penalties and others B if YES, source document Remarks 2 Measures to account for use INFCIRC June 1973 and SQP amended 29 May 2008 Additional Protocol 18 September 2003 management Transnational Crime, Art 10 (use of nuclear materials without authorization) 3 Measures to account for storage INFCIRC June 1973 and SQP amended 29 May 2008 Additional Protocol 18 September 2003 management Transnational Crime, Art 10 (stockpile of nuclear materials without authorization) 8

9 4 Measures to account for transport Law of 30 July 1999, as amended by law of 27 July 2005, on Code of Mines, Art.8 (transport of radioactive minerals and substances) Ministry in charge of Mines Transnational Crime, Art 10 (transport of nuclear materials without authorization) 5 6 Other measures for accounting Measures to secure production? management? 7 Measures to secure use? management? 8 Measures to secure storage? management? 9 Measures to secure transport? management? Other measures for securing Regulations for physical protection of facilities/materials/ transports? management? 9

10 Law of 19 August 1999 on Management Policy of Industrial Pollutions, Art. 55 and following Law of 19 August 1999 on Management Policy of Industrial Pollutions Ministry of Industry 12 Licensing/registration of installations/facilities/ persons/entities/use/ handling of materials management National Authority; competent government authority Reliability check of personnel Measures to account for/secure/ physically protect means of delivery 3. 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. * Information required in this section may also be available in the State s Confidence Building Measures report, if submitted to the BC Implementation Support Unit (online at: ) 10

11 OP 3 (a) and (b) - Account for/secure/physically protect N including Related Materials (N specific) Are any of the following measures, procedures or legislation in place to account for, secure or otherwise protect N and Related Materials? Can violators be penalized? National regulatory authority IAEA Safeguards Agreements IAEA Code of Conduct on Safety and Security of Radioactive Sources Supplementary Guidance on the Import and Export of Radioactive Sources of the Code of Conduct on the Safety and Security of Radioactive Sources IAEA Incident and Trafficking Database Other Agreements related to IAEA National legal framework Enforcement: civil/criminal penalties and others YES if YES, source document YES if YES, source document management INFCIRC/ June 1973 and SQP amended 29 May 2008 Additional Protocol 18 September 2003 Express support Express support Expressed support Expressed support Participates Participates African Regional Co-operative Agreement for Research, Development and Training Related to Nuclear Science and Technology (AFRA) INFCIRC/ June 1973 and SQP amended 29 May 2008 Additional Protocol 18 September African Regional Co-operative Agreement for Research, Development and Training Related to Nuclear Science and Technology (AFRA) Remarks 7 Additional national legislation/regulations related to nuclear materials including CPPNM 8 Other Forum of Nuclear Regulatory Bodies in Africa (FNRBA) INSSP November Forum of Nuclear Regulatory Bodies in Africa (FNRBA) INSSP November 2012

12 OP 3 (a) and (b) - Account for/secure/physically protect C including Related Materials (C specific) Are any of the following measures, procedures or legislation in place to account for, secure or otherwise protect C and Related Materials? Can violators be penalized? National legal framework Enforcement: civil/criminal penalties and others YES if YES, source document YES if YES, source document Remarks 1 National CC authority Law No of 31 August 2006 Ministry of Foreign Affairs Reporting Schedule I, II and III chemicals to OPC Account for, secure or physically protect old chemical weapons Other legislation/ regulations controlling chemical materials 5 Other Initial Declaration submitted Initial Declaration submitted 12

13 OP 3 (a) and (b) - Account for/secure/physically protect B including Related Materials (B specific) Are any of the following measures, procedures or legislation in place to account for, secure or otherwise protect B and Related Materials? Can violators be penalized? Regulations for genetic 1 engineering work Other legislation/ regulations related to 2 safety and security of biological materials 3 Other National legal framework Enforcement: civil/criminal penalties and others YES if YES, source document YES if YES, source document? Law No of 25 July 1991? Ministry of Agriculture, Livestock and Fisheries (MAEP) responsible for measures relating to animals to keep country free of disease that do not exist there Remarks 13

14 OP 3 (c) and (d) and related matters from OP 6 and OP 10 - Controls of N, C and B, including Related Materials hich of the following legislation, procedures, measures, agencies exist to control border crossings, export/import and other transfers of N, C, B and Related Materials? Can violators be penalized? N YES C 1 Border control B National legal framework if YES, source document N Enforcement: civil/criminal penalties, and measures of implementation, etc YES C Law No , 29 December 2006 Customs Code 2007 B if YES, source document Law No , 29 December 2006 Customs Code 2007 Remarks 2 Technical support of border control measures??? Customs clearance system based on ASYCUDA++ 3 Control of brokering, trading in, negotiating, otherwise assisting in sale of goods and technology Law No , 29 December 2006 Customs Code 2007 Central Counter-Terrorism Service (Police force) Central Intelligence Service Ministry of Finance, Directorate of External Services and Customs 4 Enforcement agencies/authorities, National Authority 14

15 .. 5 Export control legislation in place? B: Law No , 29 December 2006 Agreement on Sanitary and Phytosanitary Measures? B: The Ministry of Agriculture, Livestock and Fisheries (MAEP), through the Directorate of Animal and Plant Health (DSAPS), is responsible for implementing the Agreement on Sanitary and Phytosanitary Measures... 6 Licensing provisions? B: Agreement on Sanitary and Phytosanitary Measures.? B: The DSAPS also issues sanitary/phytosanitary permits for exports of these products on the strength of import permits issued in the importing country. 7 Individual licensing.. 8 General licensing Exceptions from licensing Licensing of deemed export/visa National licensing authority management. National Authority, Law No , 31 August Ministry of Foreign Affairs. 12 Interagency review for licenses 13 Control lists. 15

16 14 Updating of lists 15 Inclusion of technologies 16 Inclusion of means of delivery 17 End-user controls 18 Catch all clause 19 Intangible transfers 20 Transit control 21 Trans-shipment control 22 Re-export control 23 Control of providing funds with the Convention for the Suppression of Financing of Terrorism Transnational Crime, Art 11 (Financing of terrorism) Law No of August 2004 on Antimoney laundering Decree June 2007 creates Financial Information Service (SAMIFIN), operational since 22 May Control of providing transport services 25 Control of importation? B: Law No , 29 December 2006 Agreement on Sanitary and Phytosanitary Measures Ordinance of 17 September 1986 on phytosanitary legislation (prohibition to import hazardous organism for plant)? B: Prior authorization in the form of a sanitary or phytosanitary permit delivered by the DSAPS is needed for the importation of foodstuffs of animal origin, live animals, animal feedstuffs, live plants, seeds or parts of live plants, plant products, soil and growing media, and plant material packages. 16

17 26 Extraterritorial applicability 27 Other 17

18 OP 6, 7 and 8 (d) - Control lists, Assistance, Information Can information be provided on the following issues? 1 Control lists - items (goods/ equipment/ materials/ technologies) YES 2 Control lists - other 3 Assistance offered 4 Assistance requested Point of Contact for assistance Assistance in place (bilateral/multilateral) ork with and inform industry ork with and inform the public 9 Point of Contact In general, all products may be freely imported and exported except those that are subject to special regulations (negative list in Annex III of Decree No of 3 April 1992). Request: 27 February 2008 Provision of model national report; Provision of model legislation and related nuclear and biological expertise for drafting legislation; Identify priorities, structures and action to implement measures be taken for accounting, securing, physically protecting dual-use materials; Construction or upgrading of infrastructure/administrative centre and database at activity sites for storage and securing of materials; Training and establishment of controls at international points of entry and exit using specialized equipment for the detection of MDs or their components; communications support for coastal surveillance and interregional and international sharing of information; Training and provision of equipment for surveillance of financial and telecommunication institutions; capacitybuilding in respect of information gathering, investigation and intervention measures; Means of protection and training of specialists in the detection, securing and neutralizing of dangerous products; Provision of models and the list of items subject to export and import controls; Training/information on action already taken regarding appropriate ways to work with and inform industry and the public. Mr. Roger Rabeniahy (Chief of Police, Head of the Central Arms Control Service of the National Police, Ministry of Internal Security) Brigadier General Iavizara Franck Julson Rasolonjatovo 18 Remarks

19 10 Other Committee visit in 2012 (Director of Defence and Logistics, Ministry of Defence and Armed Forces), Tel: , ddl@defense.gov.mg 4. Information may include references to voluntary implementation national action plan and visits to States, at their invitation, by the 1540 Committee. 19