1540: UN SUBCOMMITTEE DEFERS CONSIDERATION OF

UNCLAS USUN NEW YORK 000700

SIPDIS

SIPDIS

E.O. 12958: N/A
TAGS: PREL AORC KPAO PTER UNSC KNNP
SUBJECT: 1540: UN SUBCOMMITTEE DEFERS CONSIDERATION OF
IRAN'S IMPLEMENTATION

REF: A. STATE 116085


B. WUCHTE/WILCOX EMAIL--08/17/07

C. USUN 519

D. STATE 78188

E. USUN 361

F. STATE 56079 (06)

G. WILCOX/SANDAGE EMAIL--08/21/07


1. (U) This is an action request. Please see para 7.


2. (U) At an August 21 meeting, Sub-Committee B of the
Security Council Committee established pursuant to resolution
1540 (2004) ("1540 Committee") agreed to defer consideration
of a matrix assessing Iran's implementation of resolution

1540. It approved implementation matrices for Nicaragua,
Mexico, Italy, Namibia, and Jordan and tasked its
eight-member panel of experts to provide clarifications on
matrices for Lebanon and Monaco. The matrices the
Sub-Committee approved will be circulated to Committee
members shortly for approval. Belgium, China, Ghana, and
South Africa are the other members of the Sub-Committee.


3. (U) Per ref D, USUN advised the Sub-Committee that the
United States could not approve the Iran matrix, noting that
it contains representations that conflict with the
International Atomic Energy Agency's (IAEA) reporting on
Iran's nuclear program, as well as the Security Council's
resolutions on Iran. Ghanaian Deputy PermRep Christian, who
chaired the meeting, asked USUN to identify specific areas of
concern for the Sub-Committee at a later date, and the
Sub-Committee agreed to defer its consideration of the Iran
matrix.


4. (SBU) USUN also sought clarification on the Lebanon
matrix (ref G). USUN noted that the Lebanon matrix's
assertion that "Lebanon undertake(s) appropriate steps and
thorough searches at border checkpoints to prevent
trafficking in such weapons in accordance with domestic laws
and regulations and in compliance with international law in
this area" is inconsistent with the Secretary-General's
reporting to the Security Council pursuant to resolutions
1559 and 1701. Ghana agreed and asked the panel of experts
for clarification. The panel of experts explained that the
statement came from Lebanon's report to the Committee and
asked for guidance since the Committee's guidelines only
permit the Committee to rely on states' reports and
information provided by the IAEA and the Organization for the
Prohibition of Chemical Weapons. The Sub-Committee agreed to
provide guidance later. Comment: Because the Committee
ultimately will issue the matrices as documents of the
Security Council, USUN believes the erroneous language should
be deleted. If other Sub-Committee or Committee members
oppose that approach, then USUN would recommend that the
Committee add a footnote or other caveat to the matrix that
either notes the inconsistency or indicates that the
Committee cannot attest to the accuracy of the contents of
the matrix. End Comment.


5. (U) Concerning the Monaco matrix, USUN questioned a
conclusion that Monaco's Sovereign Ordinance No. 15320 of 8
April 2002 on the suppression of the financing of terrorism
adequately addresses the proliferation financing provisions
of resolution 1540, given that the definition of "non-State
actor" in resolution 1540 is not limited to terrorists. The
experts agreed to review the Ordinance and provide
clarification.


6. (U) Otherwise, USUN noted the importance of identifying
whether states intend to become parties to the 2005 amendment
to the Convention for the Physical Protection of Nuclear
Material (CPPNM) and the 2005 Protocol to the 1988 Convention
for the Suppression of Unlawful Acts against the Safety of
Maritime Navigation (SUA Protocol). The Committee's experts
said they have raised these instruments in their informal
discussions with states at the recent regional outreach
workshops on 1540 implementation. (Most matrices do not yet
include information about the CPPNM amendment and the SUA
protocol because states have not included information on
these instruments in their reports to the Committee.)


7. (SBU) Action Request: When the Sub-Committee resumes
consideration of the Iran matrix, USUN will have to be
prepared to provide specific information to justify U.S.
concerns and would appreciate Department's clarification on
whether USUN can share the justifications provided in ref B
with other Committee members. USUN will continue to work
behind the scenes with like-minded Committee members to reach
an appropriate resolution consistent with the guidance in ref

D. End Comment.
KHALILZAD