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

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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