Global Non-Proliferation and Counter-Terrorism: The Impact of UNSCR 1540

Chapter 10: New Border and Customs Controls for Implementing UNSCR 1540

United Nations Security Council Resolution (UNSCR) 1540 provides customs authorities with an important mandate and opportunity to contribute to the non-proliferation of weapons of mass destruction (WMD). Building upon UNSCR 1373 (2001),which requires all UN member states to take action against the harboring of terrorists, their movement using false travel documents , and the financing of terrorism, Resolution 1540 recognizes the need for customs expertise in detecting and preventing particularly the illegal trafficking of WMD, related materials, and delivery systems. It has drawn attention to and codified illicit trafficking as a new form of proliferation. A New Security Relationship with Customs Controls Resolution 1540 has the effect of placing customs at the center of the international debate on how best to deal with non-proliferation of nuclear, chemical , and biological weapons and materials. This chapter examines how governments can empower and support their customs administrations in order to comply with the Resolution and develop progressive regimes for detecting potential incidents of WMD trafficking at the border.As this will be a long process, a phased implementation program is required. Customs as an institution is evolving to meet today’s diverse challenges, but the 169 member countries of the World Customs Organization (WCO) are at different stages of development. Customs services in developed economies have largely moved away from revenue collection as their main activity to dealing with issues related to the protection of society; in the developing world, the key role remains to collect revenue at the border. How well customs administrations 10 New Border and Customs Controls for Implementing UNSCR 1540 will robinson 136 10-1017-8 CH 10 1/10/07 12:25 PM Page 136 and their governments respond to the challenges of Resolution 1540 by focusing more on security remains to be seen. As a consequence, capacity building on a broad scale is required in order to improve the organization, laws, procedures, and techniques of customs administrations and international cooperative efforts between national customs authorities. Because an export from one country leads to an import to another, it is important to build an international cooperation system with universal standards against proliferation. This is necessary to disrupt the opportunities for traffickers and terrorists as they attempt to move nuclear, chemical, and biological weapons, precursor elements, and delivery systems across borders. As part of this process, a radical new approach is required to bolster the more traditional customs role and methods. Governments must recognize the potential for customs administrations to play an important role in detecting and preventing the movement of WMD and related materials at the border ; and their contribution should be integrated into a general government non-proliferation effort so that customs administrations fulfill an essential role in that policy as a whole. Of equal importance is a new approach to risk assessment: this requires the identification of WMD or associated materials at the earliest possible point in the supply chain. It implies having access, where practicable, to better information about consignments before shipment and using modern risk management and intelligence techniques. This approach should be coupled with strategies against corruption so that the efforts of customs officials can retain a high level of consistency and reliability.Weaknesses in integrity are ruthlessly exploited by transnational organized traffickers. Assistance in improving effectiveness and efficiency can be provided by the World Customs Organization, founded as the Customs Cooperation Council in 1952, an intergovernmental body that is a center of customs expertise and now has 169 member countries in six regions. By developing international trade instruments and control and enforcement methodologies , the WCO aims to make tools available to its member customs administrations to improve their effectiveness and efficiency in dealing with the new challenges for controls that achieve a balance between security and the facilitation of trade. Customs Control Requirements Resolution 1540, acting under Chapter VII of the UN Charter, requires all member states to take a range of steps aimed at preventing the proliferation, New Controls for Implementing UNSCR 1540 137 10-1017-8 CH 10 1/10/07 12:25 PM Page 137 especially by non-state actors, of nuclear, chemical, and biological weapons, their delivery systems, and related materials. It is binding on all member states. The Resolution imposes three major obligations: —To refrain from providing any support to non-state actors who are attempting to manufacture, come to possess, transport, or use WMD and their means of delivery; —To prohibit in...