OP 1 and related matters from OP 5, OP 6, OP 8 (a), (b), (c) and OP 10 El Salvador

Transcription

1 OP 1 and related matters from OP 5, OP 6, OP 8 (a), (b), (c) and OP 10 El Salvador State: Date of Report: 28 September 2005 Did you make one of the following statements or is your country a State Party to or Member State of one of the following Conventions, Treaties and Arrangements? General statement on nonpossession of WMD 1 General statement on commitment to 2 disarmament and non-proliferation General statement on non-provision 3 of WMD and related materials to non- State actors Biological Weapons Convention 4 (BWC) Chemical Weapons Convention 5 (CWC) Nuclear Non-Proliferation Treaty 6 (NPT) Comprehensive Nuclear Test Ban 7 Treaty (CTBT) YES if YES, indicate relevant information (i.e. signing, accession, ratification, entering into force, etc) Does not possess nuclear, chemical or biological weapons Commitment to avoid proliferation and to the elimination of WMD Does not grant any form of support to non-state actors Deposit 31 December 1991 Deposit 30 October 1995 Deposit 11 July 1972 Deposit 11 September 1998 Remarks (information refers to the page of the English version of the report or an official web site) 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 and 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 1

2 Convention on Physical Protection of 8 Nuclear Material (CPPNM) Deposit February Hague Code of Conduct (HCOC) 10 Geneva Protocol of 1925 International Atomic Energy Agency 11 (IAEA) Nuclear Weapons Free Zone/ 12 Protocol(s) 13 Other Conventions/Treaties 14 Other Arrangements 15 Other Subscribed Signed 01 June 1925 Since 22 November 1958 Treaty of Tlatelolco State party of the Framework Treaty on Democratic Security in Central America 1. Ratified 11 multilateral conventions and protocols against terrorism 2. Ratified the Inter-American Convention against Terrorism 3. Ratified Outer Space Treaty 2

3 OP 2 - Biological Weapons (BW) El Salvador State: Date of Report: 28 September 2005 Does national legislation exist which prohibits persons or entities to engage in one of the following activities? Can violators be penalized? YES National legal framework if YES, indicate source document of national implementation law Enforcement: civil/criminal penalties and others YES if YES, indicate source document Remarks 1 manufacture/produce 1.Constitution recognice International Treaties in a higher hierarchy than national laws Art Act on Regulations on Control of and Similar Art. 58 Act on Regulations on Control of and Similar Art. 68 item 22 Law on terrorism - (Decree No. 108) 2 acquire 1. Constitution Art Act on Regulations on Control of and Similar Articles.58 and 64: trading Penal Code, art B 3 possess 1. Constitution Art Act on Regulations on Control of and Similar Articles, arts.58 and 64 Act on Regulations on Control of Weapons, Ammunition, Explosives and Similar Art. 68 item 22 Law on terrorism - (Decree No. 108) 4 stockpile/store 1.Constitution Art Act on Regulations on Control of and Similar articles Art. 58 a), b) 5 develop 6 transport 7 transfer Constitution Art. 144 Act on Regulations on Control of and Similar articles Art. 58 a), b) Penal Code, art. 262.B Law on terrorism - (Decree No. 108) 3

4 8 use participate as an accomplice in a.m. Law on terrorism ( decree No. 108) 9 law on terrorism - (Decree No. 108) activities Convention on Terrorist Bombing - 15 May assist in a.m. activities law on terrorism - (Decree No. 108) 11 finance a.m. activities law on terrorism - (Decree No. 108) law on terrorism - (Decree No. 108) 12 a.m. activities related to means of delivery 1.Constitution recognice International Treaties in a higher hierarchy than national laws Art Act on Regulations on Control of and Similar articles Art. 58 a), b) 13 involvement of non-state actors in a.m. activities 14 Other Act on Regulations on Control of and Similar articles Art. 58 a), b) 4

5 OP 2 - Chemical Weapons (CW) El Salvador State: Date of Report: 28 September 2005 Does national legislation exist which prohibits persons or entities to engage in one of the following activities? Can violators be penalized? YES National legal framework if YES, indicate source document of national implementation law Enforcement: civil/criminal penalties and others YES if YES, indicate source document Remarks manufacture/produce 1 2 acquire 1.Constitution recognice International Treaties in a higher hierarchy than national laws Art Act on Regulations on Control of and Similar Articles, arts.58 and Constitution Art Act on Regulations on Control of and Similar Articles, arts.58 and 64: trading Act on Regulations on Control of and Similar Art. 68 item 22 Law on terrorism - (Decree No. 108) Penal Code, art. 262.B 3 possess Act on Regulations on Control of and Similar Articles, arts.58 and 64 Act on Regulations on Control of and Similar Art. 68 item 22 Law on terrorism - (Decree No. 108) 4 stockpile/store 5 develop 1.Constitution recognice International Treaties in a higher hierarchy than 6 transport national laws Art Act on Regulations on Control of 7 transfer and Similar Articles, arts.58 and 64 8 use law on terrorism - (Decree No. 108) 9 participate as an accomplice in a.m. activities Convention on Terrorist Bombing - 15 May 2003 Penal Code, art. 262.B law on terrorism - (Decree No. 108) law on terrorism - (Decree No. 108) 5

6 10 assist in a.m. activities 1.Constitution recognise International Treaties in a higher hierarchy than national laws Art Convention on Terrorist Bombing - 15 May 2003 law on terrorism - (Decree No. 108) 11 finance a.m. activities law on terrorism - (Decree No. 1008) law on terrorism - (Decree No. 108) a.m. activities related to means of delivery involvement of non-state actors in a.m. activities 14 Other Act on Regulations on Control of and Similar Articles, art. 58 6

7 OP 2 - Nuclear Weapons (NW) El Salvador State: Date of Report: 28 September 2005 Does national legislation exist which prohibits persons or entities to engage in one of the following activities? Can violators be penalized? YES National legal framework if YES, indicate source document of national implementation law Enforcement: civil/criminal penalties and others YES if YES, indicate source document Remarks Act on Regulations on Control of 1 manufacture/produce and Similar Art. 68 item 22 1.Constitution Art. 144 Law on terrorism - (Decree No. 108) 2. Act on Regulations on Control of 2 acquire Penal Code, art. 262.B, 267 and Similar Articles, arts.58 and 64 Act on Regulations on Control of 3. Tlatelolco Treaty 3 possess and Similar Art. 68 item 22 Law on terrorism - (Decree No. 108) 4 stockpile/store 5 develop Tlatelolco Treaty 6 transport Penal Code, art. 262.B 7 transfer 8 use law on terrorism - (Decree No. 108) Convention on Terrorist Bombing - participate as an accomplice in a.m May 2003 law on terrorism - (Decree No. 108) activities law on terrorism - (Decree No. 108) 10 assist in a.m. activities law on terrorism - (Decree No. 108) 11 finance a.m. activities law on terrorism - (Decree No. 108) law on terrorism - (Decree No. 108) 12 a.m. activities related to means of delivery 7

8 involvement of non-state actors in 13 a.m. activities Act on Regulations on Control of and Similar Articles, arts.58 and Other 8

9 OP 3 (a) and (b) - Account for/secure/physically protect BW including Related Materials State: El Salvador Date of Report: 28 September 2005 Are any of the following measures, procedures or legislation in place to account for, secure or otherwise protect BW and Related Materials? Can violators be penalized? 1 Measures to account for production National legal framework Enforcement: civil/criminal penalties, and others YES if YES, indicate source document YES if YES, indicate source document Remarks 2 Measures to account for use 3 Measures to account for storage 4 Measures to account for transport 5 Other measures for accounting 1. Environment Act, Art. 42, 57, 58,59, 60 and Decree No.41 Special Regulation Regarding Dangerous Substances, Residues, and Dangerous Wastes. 6 Measures to secure production 7 Measures to secure use Decree No.41 Special Regulation Residues, and Dangerous Wastes 8 Measures to secure storage 1. Environment Act, Art. 42, 57, 58, 59, 60 and Decree No.41 Special Regulation Regarding Dangerous Substances, Residues, and Dangerous Wastes 9 Measures to secure transport 1.Environment Act Art. 42, 57, 58, 59, 60 and Decree No.41 Special Regulation Residues, and Dangerous Wastes, Art. 5, 6, 17 and 33 Penal Code, art. 262.B 9

10 10 Other measures for securing Regulations for physical protection of 11 facilities/materials/ transports Licensing/registration of 12 facilities/persons handling biological materials 13 Reliability check of personnel Measures to account for/secure/ 14 physically protect means of delivery Regulations for genetic engineering 15 work 1. Environment Act, Art. 42, 57, 58,59, 60 and Decree No.41 Special Regulation Residues, and Dangerous Wastes 16 Other legislation/ regulations related to safety and security of biological materials Decree No.41 Special Regulation Residues, and Dangerous Wastes 17 Other 10

11 OP 3 (a) and (b) - Account for/secure/physically protect CW including Related Materials State: El Salvador Date of Report: 28 September 2005 Are any of the following measures, procedures or legislation in place to account for, secure or otherwise protect CW and Related Materials? Can violators be penalized? 1 Measures to account for production National legal framework Enforcement: civil/criminal penalties, and others YES if YES, indicate source document YES if YES, indicate source document Remarks 2 Measures to account for use 3 Measures to account for storage 4 Measures to account for transport 5 Other measures for accounting 1. Environment Act, Art. 42, 57, 58,59, Decree No.41 Special Regulation Residues, and Dangerous Wastes 6 Measures to secure production 7 Measures to secure use Decree No.41 Special Regulation Residues, and Dangerous Wastes 8 Measures to secure storage 1. Environment Act 2. Decree No. 41 Special regulation 9 Measures to secure transport on dangerous subtances Penal Code, art. 262.B 10 Other measures for securing Regulations for physical protection of 11 facilities/materials/ transports Licensing of chemical 12 installations/entities/use of materials 13 Reliability check of personnel Measures to account for/secure/ 14 physically protect means of delivery 1. Environment Act, Art. 42, 57, 58,59, Decree No.41 Special Regulation Residues, and Dangerous Wastes 11

12 15 National CWC authority Decree N0. 58, 9 June 2006 National Authority Comisión Interinstitucional para la Aplicación de la Convención de las Armas Químicas, Dirección de Organismos y Foros Multilaterales Reporting Schedule I, II and III 16 chemicals to OPCW Account for, secure or physically 17 protect old chemical weapons 18 Other legislation/ regulations controlling chemical materials 19 Other Submited initial declarations Submited initial declarations Decree No.41 Special Regulation Residues, and Dangerous Wastes 12

13 OP 3 (a) and (b) - Account for/secure/physically protect NW including Related Materials State: El Salvador Date of Report: 28 September 2005 Are any of the following measures, procedures or legislation in place to account for, secure or otherwise protect NW and Related Materials? Can violators be penalized? National legal framework Enforcement: civil/criminal penalties, and others YES if YES, indicate source document YES if YES, indicate source document Remarks 1 Measures to account for production 2 Measures to account for use 3 Measures to account for storage 4 Measures to account for transport 5 Other measures for accounting INFCIRC/232 1.Environment Act, Art. 42, 57, 58, 59, Decree No.41 Special Regulation Residues, and Dangerous Wastes 6 Measures to secure production 7 Measures to secure use Decree No.41 Special Regulation Residues, and Dangerous Wastes 8 Measures to secure storage 1. Environment Act 2. Decree No. 41 Special reglation on 9 Measures to secure transport dangerous subtances Penal Code, art. 262.B 10 Other measures for securing Regulations for physical protection of 11 facilities/materials/ transports Licensing of nuclear 12 installations/entities/use of materials 13 Reliability check of personnel 1. Environment Act, Art. 42, 57, 58,59, Decree No.41 Special Regulation Residues, and Dangerous Wastes 13

14 Measures to account for/secure/ 14 physically protect means of delivery 15 National regulatory authority 16 IAEA Safeguards Agreements 1. Safeguards Agreement in force 22 April Additional Protocol in force 24 May 2004 IAEA Code of Conduct on Safety and 17 Security of Radioactive Sources IAEA Database on Illicit Trafficking of 18 Nuclear Materials and other Radioactive Sources 19 Other Agreements related to IAEA Additional national Final stages of legislative approval of 20 legislation/regulations related to? CPPNM nuclear materials including CPPNM 21 Other 1. Safeguards Agreement in force 22 April Additional Protocol in force 24 May

15 OP 3 (c) and (d) and related matters from OP 6 and OP 10 - Controls of BW including Related Materials El Salvador State: Date of Report: 28 September 2005 Which of the following legislation, procedures, measures, agencies exist to control border crossings, export/import and other transfers of BW and Related Materials? Can violators be penalized? 1 Border control 2 3 Technical support of border control measures Control of brokering, trading in, negotiating, otherwise assisting in sale of goods and technology YES if YES, indicate source document YES if YES, indicate source document National legal framework 1. Central American Uniform Customs Code (CAUCA) Art. 6 and Regulations to the central American Uniform Custom Code (RECAUCA) 1. Act on Regulations and Control of and Similar.Articles, arts. 58 and Central American Uniform Customs Code (CAUCA). Enforcement: civil/criminal penalties, and measures of implementation, etc Law on terrorism - (Decree No. 108) Penal Code, art. 262.B Law on terrorism - (Decree No. 108) Remarks 1. Central American Uniform 4 Enforcement agencies/authorities Customs Code (CAUCA). 2. Regulations to the central American Uniform Custom Code 5 Export control legislation in place (RECAUCA) 6 Licensing provisions Custom Service Central American Uniform Customs Code (CAUCA) 7 Individual licensing 8 General licensing 9 Exceptions from licensing 15

16 10 Licensing of deemed export/visa 11 National licensing authority 12 Interagency review for licenses 13 Control lists 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 24 Control of providing transport services 25 Control of importation 1. Central American Uniform Customs Code (CAUCA). 2. Regulations to the central American Uniform Custom Code (RECAUCA) Decree No.41 Chapter II 1. Central American Uniform Customs Code (CAUCA) 2.Regulations to the central American Uniform Custom Code (RECAUCA) 26 Extraterritorial applicability 27 Other 16

17 OP 3 (c) and (d) and related matters from OP 6 and OP 10 - Controls of CW including Related Materials El Salvador State: Date of Report: 28 September 2005 Which of the following legislation, procedures, measures, agencies exist to control border crossings, export/import and other transfers of CW and Related Materials? Can violators be penalized? 1 Border control 2 3 Technical support of border control measures Control of brokering, trading in, negotiating, otherwise assisting in sale of goods and technology 4 Enforcement agencies/authorities YES if YES, indicate source document YES if YES, indicate source document National legal framework 1. Central American Uniform Customs Code (CAUCA) 2. Regulations to the central American Uniform Custom Code (RECAUCA) 1.Act on Regulations and Control of and Similar Articles, arts. 58 and Central American Uniform Customs Code (CAUCA) 3. Regulations to the Central American Uniform Custom Code (RECAUCA) 1. Central American Uniform Customs Code (CAUCA). 2.Regulations to the Central American Uniform Custom Code (RECAUCA) Enforcement: civil/criminal penalties, and measures of implementation, etc Law on terrorism - (Decree No. 108) Penal Code, art. 262.B Law on terrorism - (Decree No. 108) Custom Service Central American Uniform Customs Code (CAUCA) Remarks 17

18 5 Export control legislation in place 6 Licensing provisions 7 Individual licensing 1. Act on Regulations and Control of and Similar Articles, arts. 57, 58 and Constitution, art Central American Uniform Customs Code (CAUCA) 4. Regulations to the Central American Uniform Custom Code (RECAUCA) Act on Regulations and Control of and Similar Articles, art General licensing 9 Exceptions from licensing 10 Licensing of deemed export/visa 11 National licensing authority 12 Interagency review for licenses 13 Control lists? Ministry of Defense, previous assessment by the Technical Committee 1. Act on Regulations and Control of and Similar Articles, arts. 95 and Special Regulations for the Control and Regulation of Articles Similar to Explosives, Chemicals and Pyrotechnical Products, art.7 14 Updating of lists 15 Inclusion of technologies 16 Inclusion of means of delivery 18

19 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 24 Control of providing transport services 25 Control of importation 1. Central American Uniform Customs Code (CAUCA). 2.Regulations to the central American Uniform Custom Code (RECAUCA) 1.Act on Regulations and Control of and Similar Articles, arts. 58 and Decree No.41 Chapter II 3. Central American Uniform Customs Code (CAUCA) 4. Regulations to the central American Uniform Custom Code (RECAUCA) 26 Extraterritorial applicability 27 Other 19

20 OP 3 (c) and (d) and related matters from OP 6, and OP 10 - Controls of NW including Related Materials El Salvador State: Date of Report: 28 September 2005 Which of the following legislation, procedures, measures, agencies exist to control border crossings, export/import and other transfers of NW and Related Materials? Can violators be penalized? National legal framework Enforcement: civil/criminal penalties, and measures of implementation, etc YES if YES, indicate source document YES if YES, indicate source document Remarks 1 Border control 1. Central American Uniform Customs Code (CAUCA) 2.Regulations to the central American Uniform Custom Code (RECAUCA) Law on terrorism - (Decree No. 108) Technical support of border control 2 measures Control of brokering, trading in, 1. Central American Uniform 3 negotiating, otherwise assisting in Customs Code (CAUCA). sale of goods and technology 2. Regulations to the Central Law on terrorism - (Decree No. 108) 4 Enforcement agencies/authorities American Uniform Custom Code (RECAUCA) 5 Export control legislation in place 6 Licensing provisions 7 Individual licensing 8 General licensing 9 Exceptions from licensing 10 Licensing of deemed export/visa 11 National licensing authority 12 Interagency review for licenses 20

21 13 Control lists 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 1. Central American Uniform Customs Code (CAUCA) 2.Regulations to the central American Uniform Custom Code (RECAUCA) 23 Control of providing funds 24 Control of providing transport services 25 Control of importation 1.Decree No.41 Special Regulation Residues, and Dangerous Wast 2. Central American Uniform Customs Code (CAUCA) 3. Regulations to the central American Uniform Custom Code (RECAUCA) 26 Extraterritorial applicability 27 Other 21

22 OP 6, 7 and 8 (d) - Control lists, Assistance, Information State: El Salvador Date of Report: 28 September 2005 Can information be provided on the following issues? Control lists - items (goods/ 1 equipment/ materials/ technologies) 2 Control lists - other 3 Assistance offered YES Remarks 4 Assistance requested 5 Assistance in place (bilateral/plurilateral/multilateral) 6 Information for industry May in due course consider requesting international technical assistance 7 Information for the public 22