Title: The role of nuclear export controls in promoting peaceful uses of the nuclear energy and preventing
1The role of nuclear export controls in promoting
peaceful uses of the nuclear energy and
preventing its misuse Zangger Committees
experience
- Pavel Klucký
- Chairman of the Zangger Committee
- Head of Non-Proliferation and Disarmament Unit
- Ministry of Foreign Affairs of the Czech Republic
- Annual conference of the South Asian Strategic
Stability Institute - Brussels, 16-17 November 2006
- Disclaimer The views and opinions expressed
herein do not necessarily state or reflect those
of the Zangger Committee as a whole. -
2Role of nuclear export controls in promoting
peaceful uses of the nuclear energy and
preventing its misuse
- The pending proliferation of nuclear weapons and
the increasing likelihood that terrorists may
conduct a nuclear attack is the greatest current
threat to the global nuclear regime today.
3Message of the Súrat ul-Zalzalah quite
adequately reflects the reasons why we are all
playing our part in preventing nuclear
proliferation.
- When Earth is shaken with her (final) earthquake
- And Earth yieldeth up her burdens,
- And man saith What aileth her ?
- That day she will relate her chronicles,
- Because thy Lord inspireth her.
- That day mankind will issue forth in scattered
groups to be shown their deeds. - And whoso doeth good an atom's weight will see it
then, - And whoso doeth ill an atom's weight will see it
then. - Mohammed Marmaduke Pickthall's Interpretation
4My address is divided into four parts
- I. The origin and the tasks of the Zangger
Committee (ZC) - II. The ZC and the Nuclear Suppliers Group (NSG)
- III. The ZC and the NPT review conferences.
- IV. My personal views on the future of the export
controls - More documents could be found on the ZC
website www.zanggercommitte.org
5The origin and the tasks of the Zangger Committee
- The origin of ZC is closely connected with the
Nuclear Non-Proliferation Treaty (NPT) - Main reason for establishment a lack of
specificity in export controls required by the
Treaty, namely by its Article III, paragraph 2 a)
and b). - 15 States as suppliers or potential suppliers of
nuclear material and equipment established NPT
Exporters Committee in Vienna between 1971-1974 - 36 members including all nuclear weapon States.
Decisions are taken by consensus and are not
legally binding for its members and they are
implemented through members respective domestic
export control legislation.
6ZC Understandings
- The Article III.2 of the NPT has two
subparagraphs. - The subparagraph a) deals with source and special
fissionable material and subparagraph
Memorandum A - The subparagraph b) deals with equipment or
material especially designed or prepared for the
processing, use or production of special
fissionable material Memorandum B Trigger
List . - Both Memoranda Consolidated Trigger List
published by IAEA in INFCIRC/209 series. Export
of any item on this list triggers IAEA
safeguards as the condition for supply.
7Conditions of supply for exports or re-exports to
non-nuclear-weapon States
- (a) Source or special fissionable material either
directly transferred, or produced, processed, or
used in the facility for which the transferred
item is intended, shall not be diverted to
nuclear weapons or other nuclear explosive
devices - (b) Such source or special fissionable material,
as well as transferred equipment and non-nuclear
material, shall be subject to safeguards under an
agreement with the International Atomic Energy
Agency (IAEA) - (c) Source or special fissionable material, and
equipment and non-nuclear material shall not be
re-exported to a non-nuclear-weapon State unless
the recipient State accepts safeguards on the
re-exported item.
8Zangger Committee and NSG
- The NSG was established in 1975
- Reason for establishment
- Indias nuclear explosion in 1974
- Oil energy supply crisis in 1973
- Growth of the demand for nuclear equipments
- Need to bring all major nuclear suppliers at that
time regardless their relationship to the NPT - Prevent commercial competition, that could
stimulate proliferation of sensitive exports. - The original London Guidelines INFCIRC/254.
- Two more criteria for supply
- application of physical protection
- the know-how clause
- The NSG re-emerged after the Gulf war and
established dual-use regime as the Part 2 to
its Guidelines. - DUR goes further beyond the text of the NPT.
9The ZC and the NPT review conferences
- The ZC has enjoyed the long-standing recognition
by the NPT as the faithful interpreter of the
Article III.2. - The Final Document of the 1975 NPT REVCON
- "With regard to the implementation of article
III, paragraph 2 of the Treaty, the Conference
notes that a number of States suppliers of
material or equipment have adopted certain
minimum, standard requirements for IAEA
safeguards in connection with their exports of
certain such items to non-nuclear-weapon States
not party to the Treaty (IAEA document
INFCIRC/209/Rev.2). The Conference attaches
particular importance to the condition
established by those States, of an undertaking of
non-diversion to nuclear weapons or other nuclear
explosive devices, as included in the said
requirements". - 1990 ZC was mentioned by name and the conference
provided a brief description of its aims and
practices. - 1995 NPT Review and Extension Conference
INFCIRC/482 -
10Future of nuclear export controls- my personal
views I
-
- Regardless of the fact the NPT has not reached
universality - the nuclear export controls
principles based on the NPT principles turned
gradually into generally recognized mechanisms by
international community - Many countries outside of the regimes are able to
produce items on the regimes lists. - After UNSCR 1540 (2004) the national export
controls - including nuclear field have become
an indispensable legal part of the world
non-proliferation regime architecture. - Universally applicable nuclear export controls
could be an answer to the present challenges to
the nuclear proliferation.
11Future of nuclear export controls- my personal
views II
- Hans Blixs Weapons of Mass Destruction
Committee (WMDC) recommendation No. 47 - All states should conduct audits of their export
control enforcement agencies (customs, police,
coastguard, border control and military) to
ensure that they can carry out their tasks
effectively. - States should seek to establish a universal
system of export controls providing harmonized
standards, enhanced transparency and practical
support for implementation. - Members of the five export control regimes
should promote a widening of their membership and
improve implementation in view of current
security challenges, without impeding legitimate
trade and economic development. - Advice and assistance through export control
regimes such as the ZC and the NSG - The enhanced cooperation could result in a new
quality of the relationship - Establishment of an export control system in the
nuclear export controls? - Integrating information and policies of export
controls with the IAEA safeguards system - IAEA Director General Muhamed ElBaradais
initiative to revisit the concept of multilateral
approaches to the nuclear fuel cycle - Voluntary International Physical Protection
Advisory Service (IPPAS) mission to the recipient
State
12Muhammad Iqbal The Moon and Stars
- In motion is the life of the universeThis is an
age-old custom of this placeThe horse of time
is ever runningFlogged by the desire for
searchResting on this path is
inappropriateConcealed in the rest's cloak is
deathThose who were moving, have moved
away!Those halting a little, have been trampled!