1540 COMMITTEE MATRIX OF BURKINA FASO

Transcription

1 1540 COMMITTEE MATRI OF BURKINA FASO 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: Burkina Faso Date of Report: 4 January 2005 Date of Addendum: 9 September 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 03 March 1970 Treaty of Pelindaba deposit 27 August 1998? Signed 21 September 2005 Deposit 12 February 2004 Deposit 7 August 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 17 April 2002 Deposit 8 July 1997 Deposit 17 April Geneva Protocol of 1925 Deposit 03 March Other Conventions/Treaties International Atomic Energy Agency (IAEA) Hague Code of Conduct (HCOC) 13 Other Arrangements 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 Party to 12 of 19 universal legal instruments to fight against terrorism, including the following relevant to resolution 1540 (2004): 1997 International Convention for the Suppression of Terrorist Bombings 1999 International Convention for the Suppression of the Financing of Terrorism OAU Convention on the Prevention and Combating of Terrorism International Health Regulation (2005) Bamako Convention on the ban of the import into Africa and the control of trans boundary movement and management of hazardous wastes within Africa Since 14 September 1998 Subscribed 25 November 2002 State reports that it gives a firm support to the reduction of weapons of mass destruction Member of : African Union (AU) Community of Sahel-Saharan States Economic Community Of est African States (ECOAS) Egmont Group Inter-Governmental Action Group against Money Laundering in est Africa (GIABA) International Monetary Fund (IMF) 2

3 INTERPOL Organisation for Animal Health (OIE) est African Economic and Monetary Union orld Bank Group orld Customs Organization (CO), signed Declaration on Implementation of the orld Customs Organization (CO) 2005 Framework of Standards to Secure and Facilitate Global Trade (SAFE Framework of Standards)orld Health Organization (HO) State Party to : 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 with NPT and the Pelindaba Treaty, Art. 4 N YES C Enforcement: civil/criminal penalties and others B if YES, source document Punishment of Terrorism Acts, Art. 13. Remarks 1 manufacture/produce with CC B: with BC with NPT and the Pelindaba Treaty 2 acquire with CC 3 possess B: with BC with the Pelindaba Treaty, Art. 4 Punishment of Terrorism Acts, Art

5 with CC with the Pelindaba Treaty 4 stockpile/store with CC B: with BC with the Pelindaba Treaty 5 develop with CC B: with BC N/C/B: Punishment of Terrorism Acts, Art.12 (transport by ship of nuclear, chemical and/or biological weapon) N/C/B: Punishment of Terrorism Acts, Art.12 (transport by ship of nuclear, chemical and/or biological weapon) 6 transport with the Pelindaba Treaty Punishment of Terrorism Acts, Art.13 (transport of nuclear materials) Punishment of Terrorism Acts, Art.13 (transport of nuclear materials) 5

6 Punishment of Terrorism Acts, Art.13 (transfer of nuclear materials) Punishment of Terrorism Acts, Art.13 (transfer of nuclear materials) 7 transfer with CC B: with BC with the 1997 International Convention for the Suppression of Terrorist Bombings, Art. 4 Punishment of Terrorism Acts, Art.11 to use with CC and the 1997 International Convention for the Suppression of Terrorist Bombings Punishment of Terrorism Acts, Art.11 and participate as an accomplice in abovementioned activities B: with Geneva Protocol and with the the 1997 International Convention for the Suppression of Terrorist Bombings with the 1997 International Convention for the Suppression of Terrorist Bombings with the 1997 International Convention for the Suppression of Terrorist Bombings B: Punishment of Terrorism Acts, Art.11 and 12. N/C/B: Article 67 of the Criminal Code as established by the Law 043/96/ADP of 13 November 1996 Punishment of Terrorism Acts, Art.14 and 15. 6

7 10 assist in abovementioned activities B: with 1997 International Convention for the Suppression of Terrorist Bombings N/C/B: with the 1997 International Convention for the Suppression of Terrorist Bombings N/C/B: Article 67 of the Criminal Code as established by the Law 043/96/ADP of 13 November 1996 Punishment of Terrorism Acts, Art.14 and finance abovementioned activities with the 1999 International Convention for the Suppression of the Financing of Terrorism with the 1999 International Convention for the Suppression of the Financing of Terrorism B: with the 1999 International Convention for the Suppression of the Financing of Terrorism N/C/B: Law /AN of 17 December 2009 on the Punishment of Terrorism Financing Law /AN of 28 November 2006 on money laundering Decree /PRES/PM/MEF/MJ of 18 July 2007 on the Financial Intelligence Unit (CENTIF - Cellule Nationale de Traitement des Informations Financieres) 12 abovementioned activities related to means of delivery 2 with CC B: with BC 13 involvement of non- State actors in abovementioned activities N/C/B: with the 1997 International Convention for the Suppression of Terrorist Bombings N/C/B: Law on the Repression of Terrorism of 17 December 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/ April 2003 SQP amended 18 February 2008 Additional Protocol 17 April 2003 N YES C Enforcement: civil/criminal penalties and others B if YES, source document Nuclear Safety, Security and Safeguards, Art. 80 and 81 Radioprotection and Remarks 2 Measures to account for use Environmental Code, Art. 147 (penalties) INFCIRC/ April 2003 SQP amended 18 February 2008 Additional Protocol 17 April 2003 Environmental Code, Art. 147 (penalties) Nuclear Safety, Security and Safeguards, Art. 80, 81 and 83 Radioprotection and 8

9 Environmental Code Environmental Code, Art. 147 (penalties) 3 Measures to account for storage INFCIRC/ April 2003 SQP amended 18 February 2008 Additional Protocol 17 April 2003? Nuclear Safety, Security and Safeguards, Art. 80 and 81 Radioprotection and Environmental Code Environmental Code, Art. 147 (penalties) Nuclear Safety, Security and Safeguards, Art. 80, 81 and 83 Punishment of Terrorism Acts, Art. 12 (transport of nuclear materials by ship) 4 Measures to account for transport? Radioprotection and 5 Other measures for accounting Environmental Code? 9 Nuclear Safety, Security and Safeguards, Art. 80, 81 and 83

10 Radioprotection and Nuclear Safety, Security and Safeguards, Art. 80 and 81 6 Measures to secure production?? Radioprotection and Nuclear Safety, Security and Safeguards, Art. 80 and 81 7 Measures to secure use?? Radioprotection and Nuclear Safety, Security and Safeguards, Art. 80 and 81 8 Measures to secure storage?? Radioprotection and 9 Measures to secure transport?? Nuclear Safety, Security and Safeguards, Art. 80 and 81 Radioprotection and 10

11 Other measures for securing Regulations for physical protection of facilities/materials/ transports Licensing/registration of installations/facilities/ persons/entities/use/ handling of materials? INFCIRC/618? Nuclear Safety, Security and Safeguards, Art. 80 and 81 Radioprotection and Nuclear Safety, Security and Safeguards, Art. 80 and 81 Radioprotection and 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: ) 11

12 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 legal framework Enforcement: civil/criminal penalties and others YES if YES, source document YES if YES, source document Remarks 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 Additional national legislation/regulations related to nuclear INFCIRC/ April 2003 and SQP amended 18 February 2008 Additional Protocol 17 April 2003 Expressed support Expressed support Expressed support Expressed support Participates Participates Convention on Assistance in the Case of a Nuclear Accident or Radiological Incident, deposit 7 August 2014 Convention on Early Notification of a Nuclear Incident, deposit 7 August 2014 African Regional Co-operative Agreement for Research, Development and Training Related to Nuclear Science and Technology (AFRA) 12 INFCIRC/ April 2003 and SQP amended 18 February 2008 Additional Protocol 17 April 2003 Convention on Assistance in the Case of a Nuclear Accident or Radiological Incident, deposit 7 August 2014 Convention on Early Notification of a Nuclear Incident, deposit 7 August 2014 African Regional Co-operative Agreement for Research, Development and Training Related to Nuclear Science and Technology (AFRA)

13 materials including CPPNM 8 Other Forum of Nuclear Regulatory Bodies in Africa (FNRBA) INSSP January 2012 Forum of Nuclear Regulatory Bodies in Africa (FNRBA) INSSP January

14 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 1 National CC authority 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 the CC (ANCAC) Initial Declaration submitted Initial Declaration submitted Environmental Code Law 041/96/ADP of 7 June 1997 on Pesticides Control amended by Law 006/98/AN of 26 March 1998 Environmental Code Law 041/96/ADP of 7 June 1997 on Pesticides Control amended by Law 006/98/AN of 26 March 1998 Remarks 14

15 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? 1 2 Regulations for genetic engineering work Other legislation/ regulations related to 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. 064/2012/AN of 20 December 2012 on Framework for Biotechnology Safety Law No. 064/2012/AN of 20 December 2012 on Framework for Biotechnology Safety National, Art. 104 and following (penalties) National Agency of Biosafety Remarks 15

16 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/C/B: Customs Law 03/92/ADP of 3 December 1992 N Enforcement: civil/criminal penalties, and measures of implementation, etc YES C B if YES, source document N/C/B: Customs Law 03/92/ADP of 3 December 1992 (penalties) Customs Directorate Gendarmerie Nationale Remarks Technical support of border control measures Control of brokering, trading in, negotiating, otherwise assisting in sale of goods and technology Enforcement agencies/authorities Export control legislation in place?? N/C/B: Customs Law 03/92/ADP of 3 December 1992????? N/C/B: Use of the automated customs system ASYCUDA the CC (ANCAC) N/C/B: Customs Directorate, Art. 80 and 83 Radioprotection and 16

17 Environmental Code, Art 47 Law 041/96/ADP of 7 June 1997 on Pesticides Control amended by Law 006/98/AN of 26 March 1998 B: KITI No. AN VII 113 FP-AGRI-EL of 22 November 1989 on Veterinary Police the CC (ANCAC) Environmental Code, Art. 142 Law 041/96/ADP of 7 June 1997 on Pesticides Control amended by Law 006/98/AN of 26 March 1998 B: Ministry of Agriculture, Art. 80 and 83 6 Licensing provisions?? Radioprotection and the CC (ANCAC), Art. 80 and 83 7 Individual licensing?? Radioprotection and 17

18 the CC (ANCAC) 8 General licensing 9 10 Exceptions from licensing Licensing of deemed export/visa Radioprotection and 11 National licensing authority? Law 041/96/ADP of 7 June 1997 on Pesticides Control amended by Law 006/98/AN of 26 March 1998? the CC (ANCAC) Law 041/96/ADP of 7 June 1997 on Pesticides Control amended by Law 006/98/AN of 26 March 1998 Ministry of Commerce 12 Interagency review for licenses B: KITI No. AN VII 113 FP-AGRI-EL of 22 November 1989 on Veterinary Police B: Ministry of Agriculture 13 Control lists??? 18

19 B: KITI No. AN VII 113 FP-AGRI-EL of 22 November 1989 on Veterinary Police B: KITI No. AN VII 113 FP-AGRI-EL of 22 November 1989 Veterinary Police 14 Updating of lists, Art. 80 and Inclusion of technologies?? Radioprotection and the CC (ANCAC) the CC (ANCAC) 16 Inclusion of means of delivery the CC (ANCAC), Art. 80 and End-user controls?? Radioprotection and 19

20 the CC (ANCAC) 18 Catch all clause 19 Intangible transfers, Art. 80 and Transit control?? Radioprotection and the CC (ANCAC), Art. 80 and Trans-shipment control? 22 Re-export control??? Radioprotection and, Art. 80 and 83 Radioprotection and 20

21 23 Control of providing funds N/C/B: with the 1999 International Convention for the Suppression of the Financing of Terrorism N/C/B: Law /AN of 17 December 2009 on the Punishment of Terrorism Financing Law /AN of 28 November 2006 on money laundering Decree /PRES/PM/MEF/MJ of 18 July 2007 on the Financial Intelligence Unit (CENTIF - Cellule Nationale de Traitement des Informations Financieres) 24 Control of providing transport services, Art. 80 and 83 Radioprotection and 25 Control of importation?? Environmental Code, Art. 47 Law 041/96/ADP of 7 June 1997 on Pesticides Control amended by Law 006/98/AN of 26 March 1998?? the CC (ANCAC) Environmental Code Art.142 Ministry of environment Law 041/96/ADP of 7 June 1997 on Pesticides Control amended by Law 006/98/AN of 26 March 1998 Ministry of Commerce B: KITI No. AN VII 113 FP-AGRI-EL of 22 November B: KITI No. AN VII 113 FP-AGRI-EL of 22 November 21

22 26 Extraterritorial applicability 1989 on Veterinary Police 1989 on Veterinary Police Ministry of Agriculture 27 Other 22

23 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) 2 Control lists - other 3 Assistance offered YES Remarks 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 Request of 4 April 2008: Technical assistance in particular in the area of export controls Mr. Dominique Kaboré (Second Counsellor, Permanent Mission of Burkina Faso to the United Nations), Tel: , domikabore@yahoo.fr Ms. Honorine Bonkoungou (Chief, Disarmament and Peacekeeping Operations Service, Ministry of Foreign Affairs and Regional Cooperation), Tel: , honobonk@yahoo.fr 10 Other Committee visit in Information may include references to voluntary implementation national action plan and visits to States, at their invitation, by the 1540 Committee. 23