In April 2004, the UN Security Council adopted United Nations Security Council Resolution 1540, establishing for the first time binding obligations on all member states under Chapter VII of the United Nations Charter to take and enforce effective measures against the proliferation of Weapons of Mass Destruction (WMD), their means of delivery and related materials. All member states of the United Nations have three primary obligations under UNSCR 1540: (1)to prohibit support to non-State actors seeking such weapons and materials (2)to adopt and enforce effective laws prohibiting the proliferation of such items to non-State actors (3) to prohibit assisting or financing such proliferation and to take and enforce effective measures to control these items in order to prevent their proliferation, as well as to control the provision of funds and services that contribute to proliferation United Nations Security Council Resolution 1540 Represents first ‘global’ initiative aimed at addressing proliferation

UNSCR 1540 seeks to prevent the development, acquisition, trafficking, or use of weapons of mass destruction (WMD), their means of delivery, and related materials equipment and technology By, or to, Non-State actors By, or to, State actors United Nations Security Council Resolution 1540 Represents first ‘global’ initiative aimed at addressing proliferation

Para 1: general commitment to not support non-state actors re WMDs Para 2: criminalize all activities of non-state actors (unauthorized entities) with regard to WMD-relevant items Para 3a: appropriate effective measures for nuclear materials control and accounting Para 3b: appropriate and effective measures for nuclear material protection (physical security) Para 3c: effective border controls Para 3d: comprehensive national export controls Para 6: appropriate control lists Para 8b: international obligations incorporated into domestic laws/regulations Para 8d: develop appropriate ways to work with industry and public Para 9: engage in dialogue and cooperation on nonproliferation Para 10: take cooperative action to prevent illicit trafficking in WMD items United Nations Security Council Resolution 1540 Key Tenets and Operative Paragraphs

The Role of Civil Society in the international system Enhancing national governmental and IGO outputs Collaboration with civil society has helped to move the United Nations trade, development and human rights agenda forward. In Doha, at the 13 th UNCTAD Conference last December, the United Nations Non-Governmental Liaison Service (UN-NGLS) was instrumental in having perspectives from the Civil Society Forum actively frame deliberations at the 13 th Conference. Why can’t or shouldn’t this be the case for UNSCR 1540?

Given the tangential focus on1540 in several member states, civil society could play an important role in: (a)Elevating non-proliferation in general and UNSCR 1540 in particular and assisting policy and opinion leaders in providing a public rationale for efforts to implement UNSCR 1540 (b)Encouraging governments to fully assume their responsibilities under the Resolution Civil Society and Strategic Security Bridging the Security-Development Divide through greater Civil Society -Intergovernmental Cooperation Civil society has been able to positively influence policy outcomes relating to traditional security challenges, such as the trade in illegal narcotics and small arms and light weapons. Why has this engagement not extended to strategic goods, particularly in relation to the global south?

The use of databases and watch-lists for evaluating parties involved in transfers remains a primary focus as well as ensuring that technical experts, intelligence personnel, and policy officials from all legally entitled government agencies have the knowledge and opportunity to evaluate license applications for proliferation concerns. Civil society entities have had a significant impact in providing expertise and building capacity relating to conventional arms. Several entities are still active in the Caribbean region. Why has there not been a similar dynamic concerning WMD? A central component of the CARICOM-UNSCR 1540 Implementation Programme has involved providing training and resources necessary to detect, identify, and prevent transfers that violate export control laws and regulations. There is room for civil society to assist in: (a) Training in effective risk analysis and in targeting strategies to prevent the export, re-export, import, transit or transshipment of strategic goods (b) Training in the utilization of trade information and intelligence to detect suspect transfers and to minimize impediments to legitimate trade The Role of Civil Society in Building capacity Aiding detection, interdiction and prevention

Civil Society input in furthering non-proliferation Aiding implementation efforts under the NPT, CWC, BWC As is the case with UNSCR 1540, many states in the global south do not have enabling legislation, regulatory frameworks or administrative controls, to fully implement the NPT, CWC and BWC. More importantly, the critical reporting requirements ensuing from these regimes are routinely ignored. An important role for civil society is to assist member states in meeting these obligations which absolutely fulfills 1540 mandates Civil society can help in furthering universalization, particularly under the CWC and BWC, thereby aiding the UNSCR 1540 process On the NPT, help states focus the CPPNM (as VERTIC has reflected in its work plan); Help states develop Comprehensive Safeguards Agreements and Additional Protocols

Civil Society input in furthering non-proliferation Aiding the development of ‘dual-use’ response systems Civil society can be of significant help in assisting member states meet their 1540 obligations while dealing with other urgent ongoing domestic security/development priorities. A major deficit in the region is the inability of most Caribbean states to deal with the aftermath of a Chemical, Biological, Radiological, Nuclear or Explosives emergency, which could actually be the product of an accident as opposed to a deliberate attack. Civil society could assist with the development of regional and national response systems and help in forming a cadre of first responders and other officials who could manage events of this nature.

Regional 1540 Implementation Further opportunities for engagement While CARICOM members have had success in developing a unitary process to enact domestic export control legislation through the development of a regional Reference Legal Framework, or model legislation, to ensure that CARICOM members meet their obligations to prevent any illicit trade in strategic goods within the region, there is still scope for real assistance from civil society in: –Helping CARICOM members cooperatively improve maritime and port security within the region to deal with strategic threats, and with the view to harmonizing customs control procedures and systems –Providing needed training to operational personnel to enable these security practitioners to effectively utilize techniques and approaches including automated risk profiling, databases and watch lists to identify suspect transfers and end-users

O’Neil Hamilton Regional Coordinator CARICOM UNSCR 1540 Implementation Initiative Caribbean Community Secretariat