MOVING IMPLEMENTATION FORWARD -- UNSCR 1540 --

UNCLAS SECTION 01 OF 05 STATE 104535 SENSITIVE SIPDIS E.O. 12958: N/A TAGS: AORC IAEA KPAO OSCE PREL PTER UNSC EUN SUBJECT: MOVING IMPLEMENTATION FORWARD -- UNSCR 1540 -- VIENNA TRILATERAL COOPERATION REF: A. USOSCE 219 ¶B. UNVIE 158 ¶C. UNVIE 434 SENSITIVE BUT UNCLASSIFIED ) PLEASE PROTECT ACCORDINGLY ¶1. (U) This is an action request for USOSCE and UNVIE, see paras 4 and 7 below. ¶2. (SBU) Summary. In efforts to strengthen UNSCR 1540 implementation capacity, USOSCE and UNVIE have raised understanding among OSCE, IAEA, and UNODC about existing U.S. programs that promote 1540 implementation and nonproliferation cooperation in general. The reporting and outreach by posts have been successful in identifying several ways in which our bilateral assistance might be able to augment such areas as: UNODC nuclear terrorism legislative assistance, EU-sponsored UN 1540 workshops, OSCE efforts to develop wide-ranging 1540 best practices among all 56 States, and other capacity-building through existing institutional capacity. As requested in Ref A, this cable outlines an approach for both the U.S. Mission to the Organization for Security and Cooperation in Europe (OSCE) and U.S. Mission to International Organizations in Vienna (UNVIE) to further nonproliferation efforts among the three Vienna-based organizations in a comprehensive manner as called for in United Nations Security Council Resolution 1810 regarding the role of regional and intergovernmental organizations. End summary. ¶3. (SBU) Background for Post only. Per refs B and C, Washington concurs that Vienna efforts to promote States, implementation of resolution 1540 can complement and multiply overall nonproliferation efforts ) leading by example with an organizational structure (particularly in the OSCE) that is largely homogenous in its support for resolution 1540. A comprehensive geographic and regional approach can increase cooperation between the 1540 Committee and the OSCE, consistent with the OSCE Ministerial Statements addressing resolution 1540, as well as resolution 1810 that extended the work of the Committee established pursuant to resolution ¶1540. (Comment. Resolution 1810 was co-sponsored by Russia, UK, France, and Croatia along with the United States and China. End comment.) Washington views the synergy in Vienna essential to building on cooperation going forward in other regions and we expect to introduce a similar approach through such regional bodies as the ASEAN Regional Forum (ARF) and Organization of American States (OAS),and eventually into regions such as Africa and the Middle East. Moreover, this approach complements European Union Stability Instrument funding that intends to focus on geographic areas outside Europe in 2009 and 2010 for possible centers of nonproliferation capacity-building. In outlining this strategy, Post should consider as supportive partners the European Union as well as others who are currently on or recently served on the Security Council 1540 Committee (e.g., Germany, Denmark, Norway, Sweden, Slovakia, and Japan). End background for Post only. OBJECTIVES ¶4. (SBU) Washington requests Post pursue the following objectives to ensure that REFTEL views from USOSCE and UNVIE are integrated into both the Permanent Council (PC) and the Forum for Security Cooperation (FSC) decisions for the OSCE Ministerial Council meeting in December. (Note. Post is USOSCE lead in cooperation with UNVIE. Once the OSCE UNSCR STATE 00104535 002 OF 005 1540 Strategy Paper is circulated in Vienna, Washington will forward a copy to USUN for parallel coordination with 1540 Committee members who are also in the OSCE. End note.) -- Post should circulate in the PC Security Committee the nonpaper in para 5 (OSCE UNSCR 1540 Strategy Paper) as the framework for the OSCE in cooperation with IAEA and UNODC to significantly incorporate the issue of capacity-building to enhance implementation of resolution 1540 into its own discussions and activities on a regular basis. (Note. Per Ref A, elements have been previously shared with UK and France, as well as OSCE Secretariat staff and the IAEA and UNODC. Washington will also provide a PowerPoint Presentation to aid in discussions as requested by Post, and to seek co-sponsors. More detailed background on UNSCR 1540 can be found on the State Department website. End note.) -- Post should discuss the paper in the PC Security Committee with the aim of gaining support for an OSCE Ministerial Decision that will further enhance OSCE pS implementation of UNSCR 1540 in 2009. The points in the paper could serve as the basis for such a Decision. -- Regarding funding as noted in REFTEL, at this point we are only looking for staff support of one person ) the OSCE Secretariat expressed the need for additional resources ) which might be valid after the OSCE spends 2009 focusing on the three broad operative objectives in the OSCE Strategy Paper. -- Washington is willing to consider a secondment to the OSCE Action Against Terrorism Unit (ATU),but Post should inform the OSCE Secretariat and interested delegations that the secondment would likely be for the duration of resolution 1810 which emphasizes regional cooperation and implementation through April 2011. -- In discussion in Washington, the ATU Head thinks France would be a useful country for the secondment position and the UK delegation offered to consider extra-budgetary funding. Both options should be explored by Post. ¶5. (U) Text of OSCE UNSCR 1540 Strategy to circulate as a food-for-thought at the next opportunity in the Permanent Council Security Committee. Begin text: OSCE Strategy Paper Vienna Intergovernmental Organizations (IGO,s) should create a geographic center of excellence by leveraging institutional capacity already in place to further support for the full implementation of United Nations Security Council Resolution ¶1540. The 1540 Committee (hereafter the Committee) has stressed the importance of regional implementation of UNSCR 1540 (2004) in resolutions 1673 (2006) and 1810 (2008) and welcomes the opportunity to strengthen its dialogue with the OSCE, UNODC, and IAEA. It is our view that the Vienna IGO,s efforts to promote States, implementation of resolution 1540 can complement and multiply overall efforts ) leading by example with an organizational structure in the OSCE that is largely homogenous in its support for resolution 1540. A comprehensive geographic and regional approach can increase cooperation between the Committee, consistent with the OSCE Ministerial Statements already addressing resolution 1540. In accordance with the new mandate under Security Council resolution 1810 (2008),activities to facilitate the delivery of technical assistance to States that need it will represent a high priority for the Committee. The OSCE in cooperation with IAEA and UNODC can significantly incorporate the issue STATE 00104535 003 OF 005 of capacity-building to enhance implementation of resolution 1540 into its own discussions and activities on a regular basis. For 2009 the OSCE participating States have three immediate areas that provide regional coherence toward implementation: ¶1. The Committee agreed in paragraph 4 of resolution 1810, to "encourage all States to prepare on a voluntary basis summary implementation plans, with the assistance of the 1540 Committee as appropriate, mapping out their priorities and plans for implementing the key provisions of resolution 1540 (2004),and to submit those plans to the 1540 Committee." The OSCE Ministerial Statements provide support for a follow up comprehensive information exchange in cooperation with other Vienna IGO,s as a next step. ¶2. Consistent with paragraph 5 of resolution 1810, which "urges States ... to inform the Committee as appropriate of areas in which they are able to provide assistance," the Committee would welcome any new information the OSCE participating States (as well as Partner States) might wish to provide on their technical assistance programs. The Committee would be pleased to post such information in the technical assistance portion of its website (http://www.un.org/sc/1540/),which contains information States have supplied to the Committee concerning the technical assistance they can offer to promote implementation of resolution 1540. The OSCE could also draw members, attention to the Committee's technical assistance template, which is also posted on the Committee's website. ¶3. Consistent with paragraph 2 of resolution 1810, which calls upon States to submit such reports, the Committee would be grateful if the OSCE could continue to assist the Committee's efforts to promote States, reporting, while at the same time focusing on ways to help promote States, implementation of resolution 1540. To promote implementation, the OSCE should consider shifting to a broader Vienna-based cross-dimensional strategy centered in the PC Security Committee which provides oversight to the Action Against Terrorism Unit (ATU) and Border Monitoring Group that complement the 1540 Committee's nonproliferation agenda as part of the United Nations Counter-Terrorism Strategy. The PC Security Committee dialogue could include, inter alia: -- OSCE Field Operations which could be instrumental in assisting participating States in a number of practical, programmatic areas. -- The OSCE working together with partner organizations, such as IAEA, UNDOC, NATO, OPCW, INTERPOL, etc. -- Hosting regional 1540 implementation technical assistance and training workshops at the OSCE Academy in Central Asia. End text. ¶6. (U) Following are talking points to be used as introductory background for discussion ) more detailed talking points will accompany para 4 PowerPoint presentation. -- The Bottom Line moving forward with UNSCR 1540: There are some tough tasks ahead which require decisive action by all States to assure that WMD proliferation can be prevented effectively. -- These tasks require substantive political decisions and the adoption - and enforcement - of appropriate effective laws and regulations changing or replacing existing rules and practices. STATE 00104535 004 OF 005 -- They concern a variety of tasks, such as prohibiting the illegal manufacture, acquisition, possession, transport, transfer and use of items addressed in the 1540 Resolution, to take and enforce domestic controls to account and secure related items, to assure physical protection, border controls, effective national export and trans-shipment controls, etc. -- The Resolution is clear: Verbal support and encouragement to implement relevant multilateral treaties and arrangements is good - but not enough to assure effective implementation of the Resolution which requires immediate and persistent efforts of all States and of the international bodies concerned. -- If we are serious about combating non-proliferation we have to make best use of all available means -- including all relevant OSCE bodies in close cooperation with IAEA, UNODC, NATO, OPCW, Interpol, etc. )- to significantly shift the organizational structure of Vienna to incorporate this 21st century threat into its DAILY work. -- To promote implementation, the OSCE should consider shifting to a broader Vienna-based cross-dimensional strategy centered in the PC Security Committee which provides oversight to the Action Against Terrorism Unit (ATU) and Border Monitoring Group that complement the 1540 Committee's nonproliferation agenda as part of the United Nations Counter-Terrorism Strategy. If raised questions: -- Is there a further Role for the OSCE in implementing UNSCR 1540 with IAEA and UNODC? -- Can the OSCE provide added value and thereby make a useful contribution to implementing UNSCR 1540? -- These are very pertinent question as duplication of nonproliferation efforts between the 1540 Committee of the Security Council and specialized multilateral arrangements which contribute to non-proliferation has to be avoided. -- The text contains the following relevant elements: -- The need to enhance coordination of efforts on national, subregional, regional and international levels (number 10 of the preamble). -- The urgent need for all States to take additional effective measures to prevent the proliferation of WMDs (number 12 of the preamble). -- The invitation to States in a position to do so to offer assistance as appropriate in response to specific requests to the States lacking the legal and regulatory infrastructure, implementation experience and/or resources for fulfilling UNSCR 1540 provisions8 (Operative Paragraph (OP) 7 of the Resolution)). -- The &call upon all States to promote dialogue and cooperation on non-proliferation.8 (OP 9 of the Resolution). -- The &call upon all States to take cooperative action to prevent illicit trafficking in nuclear, chemical or biological weapons, their means of delivery, and related materials.8 (OP 10 of the Resolution). -- The Committee's report outlining efforts since 2006 was completed in July 2008 and notes: -- OSCE efforts to complement UN activities in this field are welcome. -- Institutional relationships are important - with the OSCE serving as a further model that could be followed by other - less active organizations. -- Drawing from the report of the 1540 Committee: -- Reporting by states, although a national responsibility, differs substantially and there is little expert level dialogue back to the Committee by any large regional grouping aside from political endorsements. -- The OSCE, through its focal points in the PC, FSC, and Secretariat, could inform the UN after an internal review on the offers and requests for assistance. STATE 00104535 005 OF 005 -- As the Committee is not going to provide assistance directly - both a regional and bilateral basis is encouraged and this could be tied in with UNODC and IAEA. -- The Committee would welcome any information on 1540-related training events or workshops that OSCE, IAEA, and UNODC members are organizing so we can be sure that the outreach events the Committee is planning with the UN Office of Disarmament Affairs do not fall at the same time and are otherwise well coordinated. ¶7. (U) Reporting deadline. Post is requested to respond NLT October 15 -- to include its views on whether the OSCE UNSCR 1540 Strategy paper can be used as the basis for a Ministerial Decision that increases the Permanent Council Security Committee activities to focus on nonproliferation vis--vis UNSCR 1540 in 2009. POINT OF CONTACT ¶8. (U) Please contact U.S. 1540 Coordinator Tom Wuchte at (202) 736-4275 for any further background. RICE