Biological Risk Management and the United Nations Security Council Resolution 1540:

Transcription

1 Biological Risk Management and United Nations Security Council Resolution 1540: Implementation and and Technical Assistance in in South and and South-East Asia Dana Perkins, PhD 1540 Committee Expert Regional Workshop on National Implementation Biological Weapons W Convention for South and South-East Asia,, September 2013, Kuala Lumpur, Malaysia Unless orwise specified, opinions presented here are those presenter and may not necessarily reflect views 1540 Committee, its Group Experts, or UN Security Council

2 Resolution 1540 (2004): Binding Obligations on All States Resolution 1540 (2004) imposes binding obligations on all States to adopt legislation to prevent proliferation nuclear, chemical and biological weapons, and ir means delivery, and establish appropriate domestic controls over related materials to prevent ir illicit trafficking. The Security Council decided to establish a a Committee Security Council, consisting all members Council, which will, calling as appropriate on or expertise, report to Security Council for its examination, on implementation mentation this resolution and calls upon States to report to Committee on steps y have taken or intend to take to implement this resolution. Resolution 1540 (2004) at a glance: 113 specific prohibitions, 152 controlled activities, at least 8 recommended activities (unficial count) Security Council Meets on Non-Proliferation WMDs UN Photo / Eskinder Debebe, 28 April 2004 Related Related materials: materials: materials, materials, equipment equipment and and technology technology covered covered by by relevant relevant multilateral multilateral treaties treaties and and arrangements, arrangements, or or included included on on national national control control lists, lists, which which could could be be used used for for design, design, development, development, production production or or use use nuclear, nuclear, chemical chemical and and biological biological weapons weapons and and ir ir means means delivery delivery

3 Resolution 1540 (2004) and anti-terrorism terrorism provisions Resolution 1540 (2004) imposes obligations under Chapter VII to deal with threat to peace and security posed inter alia by links between terrorism, non-state actors and WMDs The Security Council has encouraged States to unilaterally define terrorism in national law While not expressly framed as a definition, Security Council recalls that following acts are never justifiable:... criminal acts, including against civilians, committed with intent to cause death or serious bodily injury, or taking hostages, with purpose to provoke a state terror in general public or in a group persons or particular persons, intimidate a population or compel a government or an international organization to do or to abstain from doing any act, which constitute fences within scope and as defined in international conventions and protocols relating to terrorism and calls upon all States to prevent such acts Security Council resolution 1566 (2004)

4 Anti-terrorism terrorism provisions and biosecurity in national reports to 1540 Committee Excerpts from Philippines National report to 1540 Committee, 02 July 2013

5 Biological Risks As biotechnology expands to benefit medicine, agriculture, and basic life sciences, risk misuse science & technology will proportionally increase Traditionally, re are also connections between state weapons programs and terrorist capabilities, and possibility non-state actors acquiring weapons from a state cannot be ruled out - UNICRI, Security Implications Syntic Biology and Nanobiotechnology, 2012 Advances in science and technology may facilitate development effective bioweapons and furr complicate existing non-proliferation and export control efforts intended to constrain access to, and proliferation, dangerous pathogens and relevant dual-use technologies Despite Despite increasing increasing threat threat posed posed by by extremist extremist violent violent groups groups and and individuals, individuals, trans-national trans-national criminal criminal activities, activities, and and terrorism terrorism (including (including lone wolf type), re is low lone wolf type), re is awareness low in awareness in life science life community science community about about international international non-proliferation regime non-proliferation regime

6 Biological Risk Management Measures to account for / secure production, use, storage, & transport Reliability Reliability check check personnel personnel Biosecurity Measures to account for / secure / Physically protect means delivery Biosecurity Regulations for genetic engineering work Biosafety Licensing / registration facilities / people handling bio materials Or legislation /regulations related to safety and security biological materials Regulations for physical protection facilities / materials / transports 1540 matrix fields

7 Resolution 1540 (2004): Status implementation The The comprehensive comprehensive review review acknowledged acknowledged significant significant number number measures measures that that States States have have taken taken to to implement implement obligations obligations under under resolution resolution (2004), (2004), but but identified identified some some areas areas in in which which States States have have adopted adopted fewer fewer measures, measures, such such as as biological biological weapons, weapons, means means delivery, delivery, national national control control lists, lists, access access to to related related materials materials and and financing financing prohibited prohibited or or illicit illicit proliferation proliferation activities activities S/2011/579 S/2011/579 * 2010 data Example Example personnel personnel reliability reliability qualifying qualifying criteria criteria (USA, (USA, BPRP) BPRP) Mentally Mentally alert, alert, stable, stable, trustworthy, trustworthy, physically physically competent, competent, free free unstable unstable medical medical conditions conditions Dependable, Dependable, responsible, responsible, perform perform in in approved approved manner manner Flexibility Flexibility in in adjusting adjusting to to changes changes in in working working environment environment Good Good social social adjustment adjustment Sound Sound judgment judgment in in adverse adverse or or emergency emergency situations situations Physical Physical ability ability to to perform perform required required duties duties Positive Positive attitude attitude towards towards reliability reliability program program

8 Complementary actions and additional stakeholders may be needed to address whole spectrum risk Building a security culture and responsible conduct science Underpinning National Code Conduct on Biosecurity in Indonesia, Nusa Dua Bali, Indonesia, Oct 2012 Codes conduct

9 Resolution 1540 (2004): How to Request or Offer Assistance Assistance requests should be formally submitted by States to 1540 Committee, e.g. by using Template on Assistance States and International, Regional and Subregional Organisations are urged to inform Committee about areas in which y are able to provide assistance and also provide point contact information Secretariat 1540 Committee Attention: Chairman, 1540 Committee H.E. Ambassador Kim Sook, Permanent Representative The Republic Korea to United Nations 730 Third Avenue, TB-08040E, United Nations, New York, NY Fax: +1 (212) sc-1540-committee@un.org

10 Match-Making Making At Work In 2010, 1540 Committee adopted revised Match-making procedures to rationalize, improve and accelerate response to assistance requests and facilitate matcho Informal match-making by experts as advised making by requestor o The list potential assistance providers is Auntication requests and handling updated periodically by Committee informal requests (i.e. from a non-state entity o The Chair will circulate to Committee or an NGO, requests addressed to international members fers assistance organizations, or requests not in proper form ) o The Chair will send a letter acknowledgment to State / organization fering assistance and will send a letter to requestor with informing about fer(s) Processing request o An ficial request in a proper form is circulated to Committee members, UNODA and Committee experts for Follow-up information o o The Chair will send to requestor a letter acknowledgement request has been met o Unless notified to contrary by requesting State within 5 working days, Chair will send a note verbale with o request to potential assistance General provisions providers o o Unless notified to contrary by requesting State within 5 working days, experts will prepare a summary request and post it on 1540 website The Chair will send a letter to requestor one year after date request inquiring wher The experts will brief Committee on match-making efforts every two months At any step proposed procedure any member Committee may request that a specific request for assistance be discussed by WG on assistance, which will n advise Committee how to handle that particular request

11 Overview Requests for Assistance As 01 September 2013, 53 States and two Regional / Subregional Organisations have requested assistance Sources requests: National reports, National Implementation Action Plans, Notes Verbale, use template for assistance Overall range: securing materials, general assistance needs with regard to WMD non-proliferation legislative framework, awareness raising or training needs in border and export controls, etc. 14 States specifically requested assistance in bio area (Albania, Algeria, Armenia, Bahamas, Barbados, Colombia, DR Congo, Grenada, Guatemala, Iraq, Kenya, Kyrgyzstan, Mexico, and Uganda)

12 Requests for Assistance related to BWC - - Illustrative Examples - - Welcomes proposals to establish both effective international cooperation mechanisms for investigating suspicious outbreaks diseases and procedures for addressing concerns relating to compliance with [Biological Weapons] Convention, as well as, inter alia, proposals to train personnel to work as part international rapid response teams in event biological emergencies. The general areas identified include: (a) Drafting legislation; (b) Mechanisms for accounting for and securing nuclear, chemical and biological material in use, storage or transport; (c) Appropriate physical protection measures; (d) Strengning controls on all borders regarding imports, exports and re-exports exports; (e) Training security forces in handling nuclear, chemical and biological material or in performing duties in vicinity such potentially hazardous substances. 1. Provision sophisticated radioactive, chemical and biological detection equipment. 2. Organizing pressional training and exercise, including those with international attendance. need help to develop a national control list for dual use items based on relevant international arrangements (CWC, BWC

13 Requests for Assistance from South & South-East Asia - - Illustrative Examples - - National report to 1540 Committee, 28 Oct 2004 Thailand welcomes international support and assistance to help develop more effective national export, transit and transshipments controls over WMD, ir means delivery and related dual use items. Thailand seeks advice from experts on identification WMD-related materials and dual use items. Thailand needs training courses and workshop to exchange views and experience on how to effectively detect, deter, prevent and combat transport illicit WMD and related materials as well as trafficking and brokering which is consistent with international law. --National report to 1540 Committee, 5 Nov 2004 The General Department Viet Nam Customs wishes to receive assistance in combating against WMD and ir related materials, as follows: (i) A database system to keep track those who exchange, sell weapons and terrorists; establish an up-to-date information technology system within and outside Custom sector for compliance management, risk management and exchange electronic data, so as to control most effectively transport WMD (ii) Information on non-proliferation and terrorism prevention in general, and on trans-border smuggling and transport banned goods, and state crimes in particular; (iii) Opportunities to participate in conferences, exchange experience between Viet Nam Customs and Customs or countries, international organizations in non-proliferation field; (iv) Means to strengn goods control and monitor (such as video camera, X-ray machines, et cetera); (v) Training in skills to detect, identify and control WMD and ir related materials. Note Verbale to 1540 Committee, 7 March 2008

14 Overview Offers for Assistance As 01 September 2013, 46 States have fered assistance The 1540 website also posts information on Assistance Programmes and Offers from International, Regional and Subregional Organizations and Or Arrangements Some States have both requested and fered assistance Assistance is fered on a bilateral basis and/or through international organizations Overall range: cooperation programs, specific measures, case-by-case basis etc. South and South-Asia States ering assistance: Malaysia, Singapore, India, Pakistan

15 Offers Assistance on BWC implementation - - Illustrative Examples - - Canada could provide following types assistance to fight CBRN terrorism : legislative drafting and legal policy assistance related to ratification and implementation non-proliferation and arms control-related related conventions (e.g. CWC and BTWC); health security initiatives with bio-terrorism applications such as establishment disease surveillance systems; export controls training; training in bio-safety/security standards; detection and decontamination chemical, biological and radiological terror agents; food safety, animal and plant health initiatives The United States has strong outreach programs that provide information and assistance to states on joining and implementing Biological Weapons Convention (BWC). The United States also provides assistance, upon request, to existing BWC States Parties on issues relating to completion implementation requirements, and strengning biosafety and pathogen security legislation and policies. Cuba, through CITMA National Biosafety Centre, is prepared to contribute to exchanges experience in implementation Biological Weapons Convention by means courses, seminars, workshops and or activities, basically in Latin American and Caribbean region. The Russian side is also prepared to provide assistance to Yerevan in completing necessary legal basis for carrying out provisions CWC and BTWC if se questions are relevance for Armenian side --Letter from Russian Federation dated 29 May 2009 on Armenia s assistance request. In view Pakistan s experience in implementation various treaties regimes including CWC, CPPNM and BWC and its elaborate legislative framework in safety and security nuclear technology and material, Pakistan is in a position to provide assistance, as appropriate, in response to specific requests, to states lacking legal and regulatory infrastructure, implementation experience and/or resources for fulfilling provisions Security Council Resolution 1540 (2004).

16 Cooperation on assistance with International Organizations Due to ir specialized expertise and regional awareness, relevant international, regional and subregional organizations have a crucial role in supporting implementation resolution 1540 (2004) Currently, Assistance Programmes and Offers from International, Regional and Subregional Organizations and Or Arrangements include those from: o United Nations (UNIDIR, UNODC, IMO, IAEA); OPCW; WCO; EU; IMF; OSCE (CPC, FSC); World Bank; Zangger Committee; NSG; MTCR; INTERPOL BWC ISU nominated by BWC Chair as point contact for BWC issues (Article X database not yet listed under 1540 Committee s Assistance Programmes and Offers from International, Regional and Subregional Organizations and Or Arrangements) WHO, OIE, and FAO are encouraged to enhance cooperation and information sharing with 1540 Committee on technical assistance and all or issues relevance for implementation resolution 1540 (2004), within ir mandates, and provide 1540 Committee with a point contact

17 Sharing experience, lessons learned and effective practices [Security Council] urges States and relevant international, regional and subregional organizations to inform Committee as appropriate areas in which y are able to provide assistance; and calls upon States and such organizations, if y have not done so previously, to provide 1540 Committee with a point contact for assistance [and] urges 1540 Committee to continue to engage actively with States and relevant international, regional and subregional organizations to promote sharing experience, lessons learned and effective practices,, in areas covered by resolution 1540 (2004), drawing in particular on o information provided by States as well as examples successful assistance, and to liaise on availability programmes which h might facilitate implementation resolution 1540 (2004), while bearing in mind that customized assistance is useful for effective implementation resolution 1540 (2004) at national levels Security Council Resolution 1977 (2011)

18 Or Opportunities for Match-Making Making The Group experts participates in GPWG meetings The G8 Global Partnership Against Spread Weapons and Materials Mass Destruction (G8 GP) is addressing BW nonproliferation, disarmament, and counterterrorism through cooperative projects in areas such as scientist engagement, biosafety/biosecurity, export controls, combating illicit trafficking, and supporting implementation resolution 1540 (2004) The Biological Security WG was established in 2012 The 2012 Biological Security Deliverables GPWG/BSWG: o Secure & account for materials that represent bio proliferation risks o Develop and maintain appropriate & effective measures to prevent, prepare for, & respond to deliberate misuse biological agents o Strengn national and global networks to rapidly identify, confirm and respond to biological attacks o Reduce proliferation risks through advancement and promotion safe and responsible conduct in biological sciences o Reinforce and strengn biological nonproliferation principles, practices and instruments Assistance includes promoting universalization and full implementation existing non-proliferation obligations, such as under Biological Weapons Convention, 1925 Geneva Protocol and resolution 1540 With With objective objective facilitating facilitating technical technical assistance assistance for for implementation implementation resolution resolution (2004) (2004) by by matching matching fers fers and and requests requests for for assistance, assistance, Committee Committee and and its its experts experts continued continued and and intensified intensified dialogue dialogue with with Working Working Group Group G-8 G G-8 Global Global Partnership Partnership Against Against Spread Spread Weapons Weapons and and Materials Materials Mass Mass Destruction Destruction (GPWG) (GPWG) on on consolidated consolidated list list assistance assistance requests requests S/AC.44/2012/OC.48 S/AC.44/2012/OC.48

19 Overlap and synergy in capacity building, assistance and cooperation BWC Article X: X [7 th Review] Conference agrees on value working toger to promote capacity building in fields vaccine and drug production, disease surveillance, detection, diagnosis, and containment infectious diseases as well as biological risk management o The 7 th Review Conference decided to establish a database system to facilitate requests for and fers exchange assistance and cooperation o States Parties are invited, individually or toger with or states or international organizations, to submit on a voluntary basis to ISU any requirements, needs or fers for assistance Resolution 1540 OP 7: 7 recognizes that some States may require assistance in implementing resolution, while ors may fer assistance; o UNSC resolutions 1810 (2008) and 1977 (2011) have confirmed and reinforced clearinghouse role 1540 Committee o In 2010, 1540 Committee adopted revised procedures to improve and accelerate response to assistance requests and facilitate matchmaking; see:

20 Resolution 1540 (2004): Bio outreach The Security Council, through resolution 1977 (2011) requested 1540 Committee to continue to organize and participate in outreach events and promote refinement se outreach efforts to focus on specific matic and regional issues related to implementation but matic refinement outreach remains challenging Since adoption resolution 1540 (2004) only two workshops were organized to discuss implementation resolution 1540 (2004) ) specifically in bio area (in Geneva-2005 & Nairobi ) Considerations from or outreach events with a bio focus attended by 1540 experts in 2013: o o o There is a general low level awareness ways and means national implementation resolution 1540 as it relates to biosecurity which suggests that re is a need to de-mystify definitions and purpose resolution 1540 when addressing securing and accountability BWrelated materials Sharing effective practices in biosafety/biosecurity and emerging technologies' governance (for instance on syntic biology) is relevant to implementation There is a need to develop regionally customized educational and training materials on biosecurity link to resolution 1540, bio risk management and building a culture responsibility in life sciences

21 Conclusions and recommendations The EU / UNODA-Geneva regional workshops on BWC implementation are currently main technical outreach mechanism to national authorities on bio 1540 The BWC regional workshops should continue to promote integration into national objectives BWC s implementation common objectives resolution 1540 obligations and relevant national implementation action plans (including inter alia those related to International Health Regulations and counter-terrorism terrorism) States are encouraged to provide updates to 1540 Committee on fers and requests for assistance WHO, OIE, and FAO are encouraged to enhance cooperation and information sharing with 1540 Committee on technical assistance and all or issues relevance for implementation resolution 1540 (2004), within ir mandates, and provide 1540 Committee with a point contact Strengning information sharing between BWC ISU and 1540 Committee and its Group experts with regard to assistance mechanisms would be beneficial Regular participation 1540 Committee in BWC Meetings Experts and/or Meetings States Parties will increase awareness States on synergy and convergence measures implementation and reporting on BWC and resolution 1540 (2004)

22 Contact information Dana Perkins, PhD 1540 Committee Expert United Nations 300 East 42 nd St., Suite IN-03074H New York, NY Tel: +1 (917) (fice) Collective e 1540experts@un.org Website: