TEXT OF UNSC NUCLEAR DISARMAMENT AND

UNCLAS SECTION 01 OF 04 USUN NEW YORK 000847

SIPDIS

E.O. 12958: N/A
TAGS: PREL PARM UNSC KNNP KSUM
SUBJECT: TEXT OF UNSC NUCLEAR DISARMAMENT AND
NONPROLIFERATION NUCLEAR RESOLUTION


1. (U) On September 18, USUN asked the UN Secretariat put
into blue the text of the draft resolution on nuclear
nonproliferation and nuclear disarmament, to be adopted at
the Security Council Summit on September 24 convened by the
U.S. The full text is in paragraph 2.



2. (U) Begin text of draft resolution:

The Security Council,

Resolving to seek a safer world for all and to create the
conditions for a world without nuclear weapons, in accordance
with the goals of the Treaty on the Non-Proliferation of
Nuclear Weapons (NPT),in a way that promotes international
stability, and based on the principle of undiminished
security for all,

Reaffirming the Statement of its President adopted at the
Council's meeting at the level of Heads of State and
Government on 31 January 1992 (S/23500),including the need
for all Member States to fulfill their obligations in
relation to arms control and disarmament and to prevent
proliferation in all its aspects of all weapons of mass
destruction,

Recalling also that the above Statement (S/23500) underlined
the need for all Member States to resolve peacefully in
accordance with the Charter any problems in that context
threatening or disrupting the maintenance of regional and
global stability,

Reaffirming that proliferation of weapons of mass
destruction, and their means of delivery, constitutes a
threat to international peace and security,

Bearing in mind the responsibilities of other organs of the
United Nations and relevant international organizations in
the field of disarmament, arms control and non-proliferation,
as well as the Conference on Disarmament, and supporting them
to continue to play their due roles,

Underlining that the NPT remains the cornerstone of the
nuclear non-proliferation regime and the essential foundation
for the pursuit of nuclear disarmament and for the peaceful
uses of nuclear energy,

Reaffirming its firm commitment to the NPT and its conviction
that the international nuclear non-proliferation regime
should be maintained and strengthened to ensure its effective
implementation,

Calling for further progress on all aspects of disarmament to
enhance global security,

Recalling the Statement by its President adopted at the
Council's meeting held on 19 November 2008 (S/PRST/2008/43),

Welcoming the decisions of those non-nuclear-weapon States
that have dismantled their nuclear weapons programs or
renounced the possession of nuclear weapons,

Welcoming the nuclear arms reduction and disarmament efforts
undertaken and accomplished by nuclear-weapon States, and
underlining the need to pursue further efforts in the sphere
of nuclear disarmament, in accordance with Article VI of the
NPT,

Welcoming in this connection the decision of the Russian
Federation and the United States of America to conduct
negotiations to conclude a new comprehensive legally binding
agreement to replace the Treaty on the Reduction and
Limitation of Strategic Offensive Arms, which expires in
December 2009,

Welcoming and supporting the steps taken to conclude
nuclear-weapon-free zone treaties and reaffirming the
conviction that the establishment of internationally
recognized nuclear-weapon-free zones on the basis of
arrangements freely arrived at among the States of the region
concerned, and in accordance with the 1999 United Nations
Disarmament Commission guidelines, enhances global and
regional peace and security, strengthens the nuclear
non-proliferation regime, and contributes toward realizing
the objectives of nuclear disarmament,

Noting its support, in this context, for the convening of the
Second Conference of States Parties and signatories of the
Treaties that establish Nuclear-Weapon-Free Zones to be held
in New York on 30 April 2010,

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Reaffirming its resolutions 825 (1993),1695 (2006),1718
(2006),and 1874 (2009),

Reaffirming its resolutions 1696 (2006),1737 (2006),1747
(2007),1803 (2008),and 1835 (2008),

Reaffirming all other relevant non-proliferation resolutions
adopted by the Security Council,

Gravely concerned about the threat of nuclear terrorism, and
recognizing the need for all States to take effective
measures to prevent nuclear material or technical assistance
becoming available to terrorists,

Noting with interest the initiative to convene, in
coordination with the International Atomic Energy Agency
(IAEA),an international conference on the peaceful uses of
nuclear energy,

Expressing its support for the convening of the 2010 Global
Summit on Nuclear Security,

Affirming its support for the Convention on the Physical
Protection of Nuclear Material and its 2005 Amendment, and
the Convention for the Suppression of Acts of Nuclear
Terrorism,

Recognizing the progress made by the Global Initiative to
Combat Nuclear Terrorism, and the G-8 Global Partnership,

Noting the contribution of civil society in promoting all the
objectives of the NPT,

Reaffirming its resolution 1540 (2004) and the necessity for
all States to implement fully the measures contained therein,
and calling upon all Member States and international and
regional organizations to cooperate actively with the
Committee established pursuant to that resolution, including
in the course of the comprehensive review as called for in
resolution 1810 (2008),



1. Emphasizes that a situation of non-compliance with
non-proliferation obligations shall be brought to the
attention of the Security Council, which will determine if
that situation constitutes a threat to international peace
and security, and emphasizes the Security Council's primary
responsibility in addressing such threats;


2. Calls upon States Parties to the NPT to comply fully
with all their obligations and fulfill their commitments
under the Treaty,


3. Notes that enjoyment of the benefits of the NPT by a
State Party can be assured only by its compliance with the
obligations thereunder;


4. Calls upon all States that are not Parties to the NPT
to accede to the Treaty as non-nuclear-weapon States so as to
achieve its universality at an early date, and pending their
accession to the Treaty, to adhere to its terms;


5. Calls upon the Parties to the NPT, pursuant to Article
VI of the Treaty, to undertake to pursue negotiations in good
faith on effective measures relating to nuclear arms
reduction and disarmament, and on a Treaty on general and
complete disarmament under strict and effective international
control, and calls on all other States to join in this
endeavor;


6. Calls upon all States Parties to the NPT to cooperate
so that the 2010 NPT Review Conference can successfully
strengthen the Treaty and set realistic and achievable goals
in all the Treaty's three pillars: non-proliferation, the
peaceful uses of nuclear energy, and disarmament;


7. Calls upon all States to refrain from conducting a
nuclear test explosion and to sign and ratify the
Comprehensive Nuclear Test Ban Treaty (CTBT),thereby
bringing the treaty into force at an early date;


8. Calls upon the Conference on Disarmament to negotiate a
Treaty banning the production of fissile material for nuclear
weapons or other nuclear explosive devices as soon as
possible, welcomes the Conference on Disarmament's adoption
by consensus of its Program of Work in 2009, and requests all
Member States to cooperate in guiding the Conference to an
early commencement of substantive work;


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9. Recalls the statements by each of the five
nuclear-weapon States, noted by resolution 984 (1995),in
which they give security assurances against the use of
nuclear weapons to non-nuclear-weapon State Parties to the
NPT, and affirms that such security assurances strengthen the
nuclear non-proliferation regime;


10. Expresses particular concern at the current major
challenges to the non-proliferation regime that the Security
Council has acted upon, demands that the parties concerned
comply fully with their obligations under the relevant
Security Council resolutions, and reaffirms its call upon
them to find an early negotiated solution to these issues;


11. Encourages efforts to ensure development of peaceful uses
of nuclear energy by countries seeking to maintain or develop
their capacities in this field in a framework that reduces
proliferation risk and adheres to the highest international
standards for safeguards, security, and safety;


12. Underlines that the NPT recognizes in Article IV the
inalienable right of the Parties to the Treaty to develop
research, production and use of nuclear energy for peaceful
purposes without discrimination and in conformity with
Articles I and II, and recalls in this context Article III of
the NPT and Article II of the IAEA Statute;


13. Calls upon States to adopt stricter national controls
for the export of sensitive goods and technologies of the
nuclear fuel cycle;


14. Encourages the work of the IAEA on multilateral
approaches to the nuclear fuel cycle, including assurances of
nuclear fuel supply and related measures, as effective means
of addressing the expanding need for nuclear fuel and
nuclear fuel services and minimizing the risk of
proliferation, and urges the IAEA Board of Governors to agree
upon measures to this end as soon as possible;


15. Affirms that effective IAEA safeguards are essential to
prevent nuclear proliferation and to facilitate cooperation
in the field of peaceful uses of nuclear energy, and in that
regard:

a. Calls upon all non-nuclear-weapon States party to the
NPT that have yet to bring into force a comprehensive
safeguards agreement or a modified small quantities protocol
to do so immediately,

b. Calls upon all States to sign, ratify and implement an
additional protocol, which together with comprehensive
safeguards agreements constitute essential elements of the
IAEA safeguards system,

c. Stresses the importance for all Member States to ensure
that the IAEA continue to have all the necessary resources
and authority to verify the declared use of nuclear materials
and facilities and the absence of undeclared activities, and
for the IAEA to report to the Council accordingly as
appropriate;


16. Encourages States to provide the IAEA with the
cooperation necessary for it to verify whether a state is in
compliance with its safeguards obligations, and affirms the
Security Council's resolve to support the IAEA's efforts to
that end, consistent with its authorities under the Charter;


17. Undertakes to address without delay any State's notice
of withdrawal from the NPT, including the events described in
the statement provided by the State pursuant to Article X of
the Treaty, while noting ongoing discussions in the course of
the NPT review on identifying modalities under which NPT
States Parties could collectively respond to notification of
withdrawal, and affirms that a State remains responsible
under international law for violations of the NPT committed
prior to its withdrawal;


18. Encourages States to require as a condition of nuclear
exports that the recipient State agree that, in the event
that it should terminate, withdraw from, or be found by the
IAEA Board of Governors to be in noncompliance with its IAEA
safeguards agreement, the supplier state would have a right
to require the return of nuclear material and equipment
provided prior to such termination, noncompliance or
withdrawal, as well as any special nuclear material produced
through the use of such material or equipment;


19. Encourages States to consider whether a recipient State
has signed and ratified an additional protocol based on the
model additional protocol in making nuclear export decisions;

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20. Urges States to require as a condition of nuclear
exports that the recipient State agree that, in the event
that it should terminate its IAEA safeguards agreement,
safeguards shall continue with respect to any nuclear
material and equipment provided prior to such termination, as
well as any special nuclear material produced through the use
of such material or equipment;


21. Calls for universal adherence to the Convention on
Physical Protection of Nuclear Materials and its 2005
Amendment, and the Convention for the Suppression of Acts of
Nuclear Terrorism;


22. Welcomes the March 2009 recommendations of the Security
Council Committee established pursuant to resolution 1540
(2004) to make more effective use of existing funding
mechanisms, including the consideration of the establishment
of a voluntary fund, and affirms its commitment to promote
full implementation of resolution 1540 (2004) by Member
States by ensuring effective and sustainable support for the
activities of the 1540 Committee;


23. Reaffirms the need for full implementation of
resolution 1540 (2004) by Member States and, with an aim of
preventing access to, or assistance and financing for,
weapons of mass destruction, related materials and their
means of delivery by non-State actors, as defined in the
resolution, calls upon Member States to cooperate actively
with the Committee established pursuant to that resolution
and the IAEA, including rendering assistance, at their
request, for their implementation of resolution 1540 (2004)
provisions, and in this context welcomes the forthcoming
comprehensive review of the status of implementation of
resolution 1540 (2004) with a view to increasing its
effectiveness, and calls upon all States to participate
actively in this review;


24. Calls upon Member States to share best practices with a
view to improved safety standards and nuclear security
practices and raise standards of nuclear security to reduce
the risk of nuclear terrorism, with the aim of securing all
vulnerable nuclear material from such risks within four
years;


25. Calls upon all States to manage responsibly and
minimize to the greatest extent that is technically and
economically feasible the use of highly enriched uranium for
civilian purposes, including by working to convert research
reactors and radioisotope production processes to the use of
low enriched uranium fuels and targets;


26. Calls upon all States to improve their national
capabilities to detect, deter, and disrupt illicit
trafficking in nuclear materials throughout their
territories, and calls upon those States in a position to do
so to work to enhance international partnerships and capacity
building in this regard;


27. Urges all States to take all appropriate national
measures in accordance with their national authorities and
legislation, and consistent with international law, to
prevent proliferation financing and shipments, to strengthen
export controls, to secure sensitive materials, and to
control access to intangible transfers of technology;


28. Declares its resolve to monitor closely any situations
involving the proliferation of nuclear weapons, their means
of delivery or related material, including to or by non-State
actors as they are defined in resolution 1540 (2004),and, as
appropriate, to take such measures as may be necessary to
ensure the maintenance of international peace and security;


29. Decides to remain seized of the matter.

End text of draft resolution.

RICE