DDA, IAEA, OPCW, AND WCO BRIEF COUNCIL ON

UNCLAS SECTION 01 OF 02 USUN NEW YORK 000179

SIPDIS

SIPDIS

FOR IO/PSC:JSANDAGE, IO/UNP:EBROWN, AND ISN/CPI:TWUCHTE

E.O. 12958: N/A
TAGS: PREL PTER UNSC PARM KNNP
SUBJECT: DDA, IAEA, OPCW, AND WCO BRIEF COUNCIL ON
IMPLEMENTATION OF UNSCRS 1540, 1673

REF: A. SECSTATE 22307

B. USUN 127

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1. BEGIN SUMMARY: Representatives of the Department for
Disarmament Affairs, the Organization for the Prohibition of
Chemical Weapons (OPCW),the International Atomic Energy
Agency (IAEA),and the World Customs Organization briefed the
Security Council in a public meeting on February 23,
concerning cooperation between the UN and international
organizations in promoting implementation of UN Security
Council Resolutions 1540 (2004) and 1673 (2006). Following
the briefings, all Council members, Germany (on behalf of the
European Union),Cuba, Belarus (on behalf of the Cooperative
Security Treaty Organization),Norway, Israel, Australia, El
Salvador, Pakistan, Argentina, the Republic of Korea, Japan,
Guatemala, Uruguay, Bangladesh, Brazil, Viet Nam, New Zealand
(on behalf of the Pacific Islands Forum),and Iran spoke.
Slovak PermRep and 1540 Committee Chairman Burian then read a
statement that, among other things, reiterated the Council's
determination to enhance its cooperation with international
organizations to help promote implementation of resolution
1540 (S/PRST/2007/4). A transcript of the meeting has been
sent to IO/PSC and ISN/CPI and can be found at
www.un.org/Depts/dhl/resguide/scact2007.htm. END SUMMARY.

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U.S. Statement
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2. Ambassador Sanders delivered the U.S. statement (ref A),
adding additional points expressing concern about Iran's
nuclear program. Amb. Sanders said the IAEA's report that
the Council received on February 22 makes clear that Iran has
not complied with resolution 1737 (2006),highlighting Iran's
continued defiance of the international community. The
IAEA's report describes Iran's failure to cooperate fully
with the IAEA's investigation, which is unacceptable, she
said. As resolution 1737 indicates, the Council should be
prepared to take additional appropriate measures to
communicate to the Iranian regime that its non-compliance is
unacceptable and to persuade it to cooperate, Amb. Sanders
added. She then highlighted U.S. experiences in implementing
resolution 1540, including the issuance of E.O. 13382
concerning proliferation financing, and described U.S.
assistance to build states' capacity to implement the
resolution. She also encouraged the Council to urge states
that may need help in meeting their obligations under the
resolution to seek assistance from the IAEA and the OPCW.

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Common Themes
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3. Common themes in other statements included the importance
of resolution 1540 in efforts to counter the proliferation of
weapons of mass destruction (WMDs); the need for technical
assistance and outreach; and the call for better coordination
among the 1540 Committee, the Counter-Terrorism Committee
(CTC),the 1267 Committee, and their experts' groups to
minimize duplicative reporting requests and alleviate
reporting fatigue. The UK and Israel echoed U.S. concerns
about Iran, noting Iran's failure to meet its obligations
under resolution 1737 (2006). Notably, OPCW Director General
Regelio Pfirter strongly condemned the use of chlorine gas by
Iraqi insurgents and urged governments - particularly in the
Middle East - to join him in stating clearly that the use of
poison gas is unacceptable.


4. Several delegations also praised U.S.-sponsored outreach
events on 1540, such as the ASEAN Regional Forum workshop in
February and last November's OSCE/FSC session. Argentina,
Pakistan, and Brazil criticized the Committee's process for

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renewing the contracts of its experts as unfair and lacking
transparency. Without using names, Brazil speculated that
the Committee had extended Russian expert Victor Slipchenko
and U.S. expert Richard Cupitt for longer than the three
other experts because they come from P-5 member states.

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South Africa Critiques 1540
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5. South Africa delivered a provocative statement
criticizing aspects of resolution 1540 and reiterating the
G-77 argument that disarmament and non-proliferation are
equally important. (Note: Cuba, Iran, Indonesia, and
Pakistan echoed South Africa's comments on disarmament.) It
complained that "no credible efforts" have been made to close
the gap in the international regimes addressing disarmament
and non-proliferation since the resolution's introduction and
that, instead, the Council extended the 1540 Committee's
mandate in 2006. South Africa said the threat of WMDs and
their delivery systems can only be addressed "in a balanced
and comprehensive manner" through the existing multilateral
treaty regimes and suggested that, in adopting resolution
1540, the Council had assumed legislative and treaty-making
powers beyond its authority. It also criticized 1540's
reporting request, saying reporting obligations should be
differentiated by each state's capabilities. Finally, South
Africa urged the 1540 Committee, the CTC, the 1267 Committee,
and their experts to address overlaps in their functions and
reporting requests to avoid duplication, ultimately resulting
in joint visits to states.

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Iran Defiant, Defends Record
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6. Iran criticized resolutions 1540 and 1673, called for the
total elimination of nuclear weapons, and accused the United
States, the UK, and Israel of mounting "baseless allegations"
concerning its nuclear program. Asserting that it implements
resolutions 1540 and 1673, Iran then questioned the
resolution's compatibility with the UN Charter and
international disarmament instruments. The resolutions
should not be interpreted or implemented to conflicts with,
or alter, the rights and obligations set forth in instruments
such as the Nuclear Non-Proliferation Treaty, the Chemical
Weapons Convention, and the Biological Toxin Weapons
Convention, Iran argued, espousing its "inalienable right"
under the NPT to pursue and develop nuclear technology for
peaceful purposes. Iran also called the IAEA's inspections
in Iran "the most robust inspection of any Member State,"
saying the IAEA has "repeatedly reaffirmed that it 'has not
seen any diversion of nuclear material to nuclear weapons or
other nuclear explosive devices' in Iran's peaceful nuclear
program."
WOLFF