Pakistan Mission to United Nations

Statement by Mr Raza Bashir Tarar, Minister, Pakistan Mission to the UN at the Comprehensive Review of the Status of Implementation of Resolution 1540 (2004). New York, 30 September 2009.

Mr. Chairman,

Allow me, at the outset, to express our appreciation for convening this timely and important meeting.

Pakistan subscribes to the objectives of UNSCR 1540 which, it feels, addresses a gap in the international non-proliferation legal framework. Pakistan shares the concern that proliferation of Weapons of Mass Destruction (WMDs) and their means of delivery pose a threat to international peace and security. It is in the interest of all states to prevent proliferation of WMDs to states as well as non-state actors.

While 1540 has been a timely measure to address the proliferation of WMDs and their means of delivery to non-state actors, there is a need to make its follow-up mechanisms more inclusive, transparent and balanced in terms of the responsibilities of the states and the international cooperation available to them in this regard. Since 1540 is relevant to their security interests, all states must have an equal voice in matters related to its implementation.

Following the adoption of 1540, Pakistan established an inter-agency mechanism (Task Force), including all relevant stakeholders to review the implementation of the resolution. The inter-agency process reviewed the existing legislative, regulatory and administrative structures in Pakistan in relation to its obligations of 1540 and identified areas requiring improvements and, where necessary, made recommendations for the adoption of new regulatory and legislative instruments as well as enforcement mechanisms.

The inter-agency mechanism, under the guidance of the 1540 national focal point, is a structure with a broad mandate. In addition to reviewing national laws and regulations, making recommendations for the improvement of 1540 implementation as well as preparing national reports on implementing the resolution, the inter-agency mechanism has the responsibility for outreach and raising awareness of all relevant stakeholders regarding 1540 obligations. It also acts as an oversight mechanism which ensures necessary follow-up measures for implementation and enforcement. Regular reports are submitted to the national focal point which in turn reports to the heads of relevant organizations on implementation and enforcement issues.

Pakistan has submitted three national reports to the 1540 Committee in 2004, 2005 and 2008. The report submitted in 2005 was in the form of a comprehensive matrix elaborating different provisions of Pakistani laws and regulations relevant to the implementation of specific 1540 obligations. The matrix also contained detailed explanations regarding the administrative structures and enforcement mechanisms in relation to various legislative and regulatory provisions.

In the period between 2005 and 2008, as a part of the ongoing process of review of national implementation of 1540, several specific actions were adopted upon the recommendations of the national inter-agency mechanism under the guidance of the national focal point for 1540. Details of these actions were conveyed to the 1540 Committee in 2008.

A comprehensive assessment of the implementation of 1540 provisions in Pakistan is contained in the three national reports submitted so far to the 1540 Committee. However, some of the specific measures are :

• Adoption of Export Control on Goods, Technologies, Material and Equipment related to Nuclear and Biological Weapons and their Delivery Systems Act 2004. The Act strengthens controls over export, re-export, and other forms of transfer, transshipment and transit of goods, technologies, material and equipment, including prohibition of diversion of controlled goods and technologies; covers intangible technology transfers and includes catch-all provisions.

• Notification, in 2005 of National Control Lists of Goods, Technologies, Materials and Equipment related to Nuclear and Biological Weapons and their Delivery Systems, pursuant to the 2004 Export Control Act, the Government of Pakistan in 2005, to be subject to stringent export controls. The Control Lists adopted by Pakistan encompass the lists and scope of export controls maintained by the Nuclear Suppliers Group (NSG), the Australia Group (AG) which relates to biological agents and toxins, and the Missile Technology Control Regime (MTCR). The classification system is based on the European Union’s integrated list.

• Establishment in 2006 of an independent authority, namely the Strategic Export Control Division (SECDIV), in order to harmonize and streamline the implementation of export controls and for licensing of export of items on national control lists.

• Establishment of an Oversight Board to independently review the implementation of export controls has also been established.

Pakistan, also, has taken concrete measures related to safety and security of radioactive and nuclear materials and related facilities.

In May 2006, the Government of Pakistan approved a Nuclear Security Action Plan which aims at i) strengthening the safety and security of nuclear and radioactive materials and facilities containing such materials ii) prevention and detection of illicit trafficking in nuclear and other radioactive materials and iii) responding to incidents of illicit trafficking and nuclear and radiological security emergencies. The Pakistan Nuclear Regulatory Authority (PNRA) is implementing the NSAP with cooperation from the IAEA.

As a part of the implementation of the NSAP, the PNRA is focusing on the following areas:

• Management of radioactive sources in Category 1, 2 and 3 and facilities containing such sources.

• Locating and securing orphan radioactive sources and launch of a public information campaign in this regard

• Provision of detection equipment at strategic points for the prevention and detection of illicit trafficking of radioactive and nuclear material and prompt response to radiological emergencies (PNRA in collaboration with Federal Board of Revenue has equipped seven border entry/exit points. 150 Customs personnel have been trained on the use of radiation detection equipment, radiation protection and managing radiologicalincidents)

• Establishment of a National Nuclear Security Emergency Coordination Centre (NuSECC) for coordination with governmental agencies like Customs, Border Forces, Local Governments and PNRA Regional Directorates and Inspectorates in handling any nuclear security emergency at national level. NuSECC is being manned round the clock. Mobile monitoring laboratories, one each at the Regional Directorate/Inspectorate level, will also be established.

• Establishment of PNRA Nuclear Safety/Security Training Centre.

The PNRA has adopted a body of national regulations covering various aspects of nuclear safety and security. Adherence to the safety and security standards is a pre-requisite for the licensing of any operation involving nuclear or radioactive material.

The PNRA is using the IAEA Document INFCIRC/225/Rev-4 “The Physical Protection of Nuclear Material and Nuclear Facilities” and the IAEA Code of Conduct on Safety and Security of Radioactive Sources, as guidance documents for the formulation of national regulations on nuclear security.

National Command Authority Ordinance (2007) has been promulgated to further strengthen and augment the national strategic regime. It caters for an enhanced legal coverage for security and safety measures, over all matters concerning nuclear and space technologies, nuclear establishments, nuclear systems, nuclear materials, relevant personnel and related information etc.

Pakistan’s is participating in the IAEA Illicit Trafficking Database and also voluntarily subscribes to the IAEA Code of Conduct on the Safety and Security of Radioactive sources..

In June 2007, Pakistan announced its participation in the Global Initiative to Combat Nuclear Terrorism by endorsing the Statement of Principles of the Initiative. Pakistan’s participation in the Global Initiative, which aims at enhancing cooperation between and capacity building of partner nations to combat the threat of nuclear terrorism, is a manifestation of Pakistan’s commitment to work as a partner with the international community against nuclear proliferation and terrorism.

Other relevant measures taken by Pakistan include, “Bio-Safety Rules 2005” which regulate manufacture, production, import, export and use of bio-agents and Bio-Safety Guidelines which spell out Procedures for safe use of Genetically Modified Organisms (GMOs)

For bio safety related monitoring and implementation, we have the National Bio-Safety Committee; Technical Advisory Committee; Institutional Bio-Safety Committee; National Bio-Safety Center; and National Bio-Ethics Committee.

Pakistan Biological Safety Association (2008) encompasses Capacity building/development of expertise in scientific, legal and technical areas such as Risk Assessment, Risk management and Laboratory Designing as well as ‘Training the Trainers’ and Bio-safety Certification

Pakistan’s CWC Implementation Ordinance 2000:

• Prohibits production, use, acquisition, possession, transfer, import or export of any Scheduled Chemical, DOC or PSF, except for permissible purposes

• Establishment of National Authority (NA) in Ministry of Foreign Affairs

• Allows verification activities, as stipulated in the CWC

• Empowers the National Authority to formulate rules to implement the Ordinance

• Establishment of Wide Area Network (WAN) in 2008

• Online system to receive data, exchange and collate nationwide information pertaining to the import, export, transfer, production, consumption, processing and storage of chemicals.

• CWC relevant information and collated data is accessible to all authenticated stakeholders

• Collated data sent to OPCW on quarterly/annual basis

• CWC implementing regulations

Pakistan, also, is pursuing International engagement on non-proliferation and export controls by:

• Receiving training and assistances in export control related issues under bilateral and multilateral arrangements. Pakistan attaches great importance to exchange of best practices, information and experience on Export Controls through a multifaceted interaction.

• Maintaining regular interaction with international export control regimes, including the NSG and MTCR.

• Bilaterally consulting with several countries on non-proliferation and export controls issues. Pakistan has been participating in Export Control events organized by China, Germany, Japan, US, UK and the EU. Two Export Control workshops have been held in Pakistan with Japan and the European Union.

• Participating in the US Export Control and related Border Security (EXBS) programme which covers training of licensing officers, customs and border security officers and other training modules relevant to export controls.

Pakistan is participating in the US Safe Freight Initiative (SFI) / Container Security Initiative which provides for pre-screening of dangerous materials, including WMD related materials, of all US-bound containerized cargo at Port Qasim, Karachi. Pakistan, also, participates in certain Proliferation security Initiative PSI exercises and events, as observer.

Mr. Chairman,

As regards a future course of action, the inter-agency 1540 task force in Pakistan has identified several areas requiring further attention in terms of strengthening of export controls, prevention of illicit trafficking of sensitive materials as well as adoption of implementation legislation for the Biological Weapons Convention (BWC). These include:

• Notification of export control licensing rules and procedures. These rules and procedures will include provisions for registration of exporters, license applications rules and conditions, record keeping etc. Initially there will be no provision for bulk licensing and only provisions for case-by-case consideration of export license applications.

• National and bilateral programmes for the further training of export control licensing officers will be continued. Bilateral engagements include US Export Control and related Border Security (EXBS), China, UK, Germany etc.

• Focusing on the training of enforcement officials which include customs officials as well as officials of other relevant border control and maritime security agencies in areas such as risk analysis and assessment, commodity identification and use of detection equipment.

• The independent national export control authority, Strategic Export Control Division (SECDIV), has chalked out an action plan for outreach to relevant stakeholders in order to raise awareness about recent improvements in export control laws and regulations and to ensure compliance at all levels. The outreach programme will include, inter alia, industry, chambers of commerce, relevant government organizations, enforcement agencies, judiciary and educational institutions.

• Further steps will be taken by the Pakistan Nuclear Regulatory Authority (PNRA) to complete the implementation of the national Nuclear Security Action Plan (NSAP), in collaboration with the IAEA. Focus will be on the maintenance and strengthening of radiation detection mechanisms at designated entry/exit points, management of radioactive sources, securing and locating orphan radioactive sources, establishment of a nuclear safety and security centre and completion of work on regional nuclear emergency response centers and national nuclear security emergency coordination centre.

• Although the existing laws and regulations provide the necessary legal basis to enable Pakistan to meet its obligations under the Biological Weapons Convention (BWC), Pakistan, nevertheless, has initiated a process for the drafting and adoption of a new standalone national legislation with a view to strengthening and streamlining the national legislative and regulatory regime governing the use of bio-technology.

• Adoption of the BWC Implementation Legislation, which provides for the prohibitions and controls prescribed by the BWC and Resolution 1540 on designing, development, manufacturing, use, transport, import/export, sale, acquisition, and possession of biological weapons, including their means of delivery, alongwith appropriate penal provisions for violations, is a part of the national 1540 implementation Action Plan.

• A BWC national Task Force is also preparing a Code of Conduct for Life Scientists.

Mr. Chairman,

I would conclude by pointing out that Pakistan is able and willing to offer assistance to requesting states on the employment and use of radiation detection equipment for the prevention of illicit trafficking of nuclear and radioactive material. Such technical assistance can be provided, under the aegis of the IAEA, and subject to the availability of funds, by the Pakistan Nuclear Regulatory Authority (PNRA), which has in the past conducted several training events on the prevention of illicit trafficking of nuclear and radioactive material.

Thank you.