The Role of NGOs in Facilitating Implementation of Effective Export and Border Controls Julia A. Khersonsky Director for Legislative Outreach
Challenges to Effective Implementation of UNSCR 1540 (2004) Several problems inhibit effective implementation Lack of awareness among states of proliferation risks Low priority afforded to nonproliferation issues Uneven institutional capacity among states Need for tailored assistance Lack of legal regulatory harmonization Proliferation controls are as strong as the weakest link Insufficient resources for and coordination of assistance
Role of NGOs in UNSCR 1540 Implementation NGOs can support 1540 implementation by: 1. Assessing WMD proliferation risks nationally, regionally, and globally 2. Promoting public, industry, and government awareness of proliferation threats and the need for a response 3. Providing timely, tailored expertise on developing legislation, regulations, and best practices 4. Facilitating international, regional and sub regional efforts to address proliferation dangers Support the work of the 1540 Committee and international nonproliferation organizations Work with individual states or regions to draft UNSCR 1540 action plans 5. Developing criteria and standards and assessing levels of compliance: gap analysis
CITS/UGA Private and publicly funded University based center. 20 year history of objective research, training and outreach designed to strengthen universal nonproliferation norms and best practices. Work with or in more than 75 countries. Considerable experience in and ongoing focus on Former Soviet Union, EU, South and South East Asia, North Africa, and Latin America. www.uga.edu/cits
CITS/UGA Efforts to Strengthen 1540 Implementation Capacity Research National Export Control Evaluations and related analyses: over 70 countries WMD Security Education and Training International Export Control Academy Outreach Legal Regulatory Outreach on Strategic Trade Controls Industry Outreach
Research: National Evaluations CITS researchers have developed a unique evaluation methodology for assessing national strategic trade control systems. Using versions of this methodology, CITS researchers have produced periodic assessments of strategic trade controls in over 70 countries. Assess legal and institutional basis, implementation, enforcement, and industry participation Identify proliferation relevant loopholes in strategic trade licensing and enforcement measures Illustrate the chronological evolution of proliferation controls practices Make cross national comparisons
CITS National Evaluations
Research: WMD Security Efforts designed to complement binding international commitments in nuclear safety, security, and nonproliferation, such as the Convention on the Physical Protection of Nuclear Material, and bilateral initiatives. Human dimension of nuclear security Security culture Psychological effects of WMD terrorism Legal framework for nuclear security and antiterrorism Pioneered research on human dimension of proliferation and nuclear security culture Developed and advanced nuclear security culture concept Consulted the IAEA
Example: Nuclear Security Project NATO Advanced Research Workshops Nuclear Security Culture: From National Best Practices to International Standards 2005 in Moscow, Russia Social and Psychological Effects of Radiological Terrorism 2006 in Bratislava, Slovakia Legal Framework for Strengthening Nuclear Security and Combating Nuclear Terrorism 2010 in Vienna, Austria
Training: International Export Control Academy Specialized two week executive training course for international export control officials held in Athens, GA Focus on policy, legal basis, implementation, and enforcement aspects of strategic trade controls Modular design, can be tailored to specific needs Fosters indigenous capacity building Since 2006, trained officials from 30+ countries CITS/UGA has plans to develop tailored version of the Export Control Academy for Spanish speaking countries Next session of the Academy is planned for November, 2009 Additional information about the Export Control Academy is available at www.uga.edu/cits/academy.htm
Imparts practical, hands on knowledge to legislative, executive, and industry stakeholders about effective legal bases and best practices in export/import/transit controls while emphasizing economic development and trade facilitation Since 2001, CITS has worked with legislative and executive officials in Russia, Central Asia, the Caucasus, the Balkans, South East Asia, North Africa, and Latin America Contributed to development, passage or update of strategic trade control regulations in 5 countries Most recently, held Legal Regulatory Workshop for Moroccan Government Officials in Rabat in June 2009, Export Control Legal Regulatory Training for Philippine Government Officials in Washington DC in July 2009, Legal Regulatory Consultations with Mexican Government Officials in August 2009, and Legal Regulatory Seminar on Export Controls in Chile in September 2009 Similar events are planned for Algeria, Oman, and Vietnam in fall 2009 spring 2010 Legal Regulatory Outreach
With EXBS funding, engaged with the Government of the Philippines to provide assistance in drafting and facilitating the passage of the first comprehensive Philippine law on export control. Conducted a legal regulatory seminar and participated in drafting of the export control legislation in January 2009 Hosted key Philippine officials in Washington, DC in July 2009 to familiarize them with important nonproliferation concepts they will consider as part of the legislation The Philippine Congress is currently deliberating on the proposed bill, and intends to take legislative action before the end of 2009. Example: Promoting Responsible Export Controls in the Philippines
Outreach: Industry The CITS researchers were the first to survey U.S. industry compliance with export controls and continue to engage key industry representatives on the subject Major industry outreach projects in China and India In China and India: development of internal compliance programs and promotion of best practices among strategic exporters Series of workshops scheduled in China and India for 2009 Last U.S. based seminar for Chinese industry representatives was held in Beijing in September 2009
Comprehensive Example: CITS/UGA work in China Assessment of China s export control system Outreach and training for China s government officials Specialized training for China s major companies on establishing an internal compliance programs Training on export control awareness and enforcement for Chinese customs
CITS Export Control Resources CITS Export Control Academy
Conclusion: How Can CITS Help Implement UNSCR 1540? Provide national or regional assessment of the current needs and priorities with regard to 1540 implementation (in conjunction with 1540 matrix) Conduct analyses of the current national legal and regulatory systems to secure WMD facilities and materials (including their trade and transfer) Facilitate development of model strategic trade control legislation with emphasis on the country s profile Promote public, industry, and government awareness of proliferation threats and the need for a response Provide tailored outreach and training for legislative and executive agencies on UNSCR 1540 and overall goals of nonproliferation policies and instruments
Thank you! Questions? Contact Information: Julia Khersonsky j.khersonsky@cits.uga.edu (202) 828 8553