Resolution 1540
(April 28, 2004)
The Security Council,
Affirming that proliferation of nuclear, chemical and
biological weapons, as well as their means of delivery,* constitutes
a threat to international peace and security,
Reaffirming , in this context, 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 fulfil 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 Statement 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,
Affirming its resolve to take appropriate and effective
actions against any threat to international peace and security caused
by the proliferation of nuclear, chemical and biological weapons and
their means of delivery, in conformity with its primary responsibilities,
as provided for in the United Nations Charter,
Affirming its support for the multilateral treaties
whose aim is to eliminate or prevent the proliferation of nuclear, chemical
or biological weapons and the importance for all States parties to these
treaties to implement them fully in order to promote international stability,
Welcoming efforts in this context by multilateral arrangements
which contribute to non-proliferation,
Affirming that prevention of proliferation of nuclear,
chemical and biological weapons should not hamper international cooperation
in materials, equipment and technology for peaceful purposes while goals
of peaceful utilization should not be used as a cover for proliferation,
Gravely concerned by the threat of terrorism and the
risk that non-State actors* such as those identified in the United Nations
list established and maintained by the Committee established under Security
Council resolution 1267 and those to whom resolution 1373 applies, may
acquire, develop, traffic in or use nuclear, chemical and biological
weapons and their means of delivery,
Gravely concerned by the threat of illicit trafficking
in nuclear, chemical, or biological weapons and their means of delivery,
and related materials,* which adds a new dimension to the issue of proliferation
of such weapons and also poses a threat to international peace and security,
Recognizing the need to enhance coordination of efforts
on national, subregional, regional and international levels in order
to strengthen a global response to this serious challenge and threat
to international security,
Recognizing that most States have undertaken binding
legal obligations under treaties to which they are parties, or have
made other commitments aimed at preventing the proliferation of nuclear,
chemical or biological weapons, and have taken effective measures to
account for, secure and physically protect sensitive materials, such
as those required by the Convention on the Physical Protection of Nuclear
Materials and those recommended by the IAEA Code of Conduct on the Safety
and Security of Radioactive Sources,
Recognizing further the urgent need for all States
to take additional effective measures to prevent the proliferation of
nuclear, chemical or biological weapons and their means of delivery,
Encouraging all Member States to implement fully the
disarmament treaties and agreements to which they are party,
Reaffirming the need to combat by all means, in accordance
with the Charter of the United Nations, threats to international peace
and security caused by terrorist acts,
Determined to facilitate henceforth an effective response
to global threats in the area of non-proliferation,
Acting under Chapter VII of the Charter of the United
Nations,
1. Decides that all States shall refrain from providing
any form of support to non-State actors that attempt to develop, acquire,
manufacture, possess, transport, transfer or use nuclear, chemical or
biological weapons and their means of delivery;
2. Decides also that all States, in accordance with
their national procedures, shall adopt and enforce appropriate effective
laws which prohibit any non-State actor to manufacture, acquire, possess,
develop, transport, transfer or use nuclear, chemical or biological
weapons and their means of delivery, in particular for terrorist purposes,
as well as attempts to engage in any of the foregoing activities, participate
in them as an accomplice, assist or finance them;
3. Decides also that all States shall take and enforce
effective measures to establish domestic controls to prevent the proliferation
of nuclear, chemical, or biological weapons and their means of delivery,
including by establishing appropriate controls over related materials
and to this end shall:
(a) Develop and maintain appropriate effective measures
to account for and secure such items in production, use, storage or
transport;
(b) Develop and maintain appropriate effective physical
protection measures;
(c) Develop and maintain appropriate effective border
controls and law enforcement efforts to detect, deter, prevent and combat,
including through international cooperation when necessary, the illicit
trafficking and brokering in such items in accordance with their national
legal authorities and legislation and consistent with international
law;
(d) Establish, develop, review and maintain appropriate
effective national export and trans-shipment controls over such items,
including appropriate laws and regulations to control export, transit,
trans-shipment and re-export and controls on providing funds and services
related to such export and trans-shipment such as financing, and transporting
that would contribute to proliferation, as well as establishing end-user
controls; and establishing and enforcing appropriate criminal or civil
penalties for violations of such export control laws and regulations;
4. Decides to establish, in accordance with rule 28
of its provisional rules of procedure, for a period of no longer than
two years, a Committee of the Security Council, consisting of all members
of the Council, which will, calling as appropriate on other expertise,
report to the Security Council for its examination, on the implementation
of this resolution, and to this end calls upon States to present a first
report no later than six months from the adoption of this resolution
to the Committee on steps they have taken or intend to take to implement
this resolution;
5. Decides that none of the obligations set forth in
this resolution shall be interpreted so as to conflict with or alter
the rights and obligations of State Parties to the Nuclear Non-Proliferation
Treaty, the Chemical Weapons Convention and the Biological and Toxin
Weapons Convention or alter the responsibilities of the International
Atomic Energy Agency or the Organization for the Prohibition of Chemical
Weapons;
6. Recognizes the utility in implementing this resolution
of effective national control lists and calls upon all Member States,
when necessary, to pursue at the earliest opportunity the development
of such lists;
7. Recognizes that some States may require assistance
in implementing the provisions of this resolution within their territories
and invites 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 the above provisions;
8. Calls upon all States:
(a) To promote the universal adoption and full implementation,
and, where necessary, strengthening of multilateral treaties to which
they are parties, whose aim is to prevent the proliferation of nuclear,
biological or chemical weapons;
(b) To adopt national rules and regulations, where
it has not yet been done, to ensure compliance with their commitments
under the key multilateral non-proliferation treaties;
(c) To renew and fulfil their commitment to multilateral
cooperation, in particular within the framework of the International
Atomic Energy Agency, the Organization for the Prohibition of Chemical
Weapons and the Biological and Toxin Weapons Convention, as important
means of pursuing and achieving their common objectives in the area
of non-proliferation and of promoting international cooperation for
peaceful purposes;
(d) To develop appropriate ways to work with and inform
industry and the public regarding their obligations under such laws;
9. Calls upon all States to promote dialogue and cooperation
on non-proliferation so as to address the threat posed by proliferation
of nuclear, chemical, or biological weapons, and their means of delivery;
10. Further to counter that threat, calls upon all
States, in accordance with their national legal authorities and legislation
and consistent with international law, to take cooperative action to
prevent illicit trafficking in nuclear, chemical or biological weapons,
their means of delivery, and related materials;
11. Expresses its intention to monitor closely the
implementation of this resolution and, at the appropriate level, to
take further decisions which may be required to this end;
12. Decides to remain seized of the matter.
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*Definitions for the purpose of this resolution only:
Means of delivery: missiles, rockets and other unmanned
systems capable of delivering nuclear, chemical, or biological weapons,
that are specially designed for such use.
Non-State actor: individual or entity, not acting
under the lawful authority of any State in conducting activities which
come within the scope of this resolution.
Related materials: materials, equipment and technology
covered by relevant multilateral treaties and arrangements, or included
on national control lists, which could be used for the design, development,
production or use of nuclear, chemical and biological weapons and their
means of delivery.
Sources: The United Nations |