Some NBC treaties and agreements require states to establish or designate a national focal point or authority to coordinate various aspects of national implementation. Depending on the obligations under the treaty or instrument and the state’s individual circumstances, national authorities may be tasked with a variety of roles. These may include:
States may find it advantageous to establish a national focal point or authority to coordinate implementation of UNSCR 1540. In particular, such a body may usefully oversee and coordinate the establishment of a national legal framework (as mandated by UNSCR 1540) to prevent the proliferation of nuclear, chemical and biological weapons and their means of delivery. UNSCR 1540 stipulates that this regulatory framework should also cover related materials, equipment and technology, and include the following elements:
The rationale for a national authority is that it helps states parties to comply with their obligations under a treaty or other legal instrument. While historically the BWC is almost alone in having neither recognized national entities or contact points in states parties, a number of states recently established such authorities or focal points in response to governmental and non-governmental initiatives to strengthen the BWC. The BWC Sixth Review Conference (2006) decided that States Parties shall designate a national point of contact for the Convention.
The principal objective of a BWC national authority would be to take responsibility for the implementation of the convention in the state party. Given the dual-use nature of the materials, equipment and technology required for the development of biological weapons, this would include liaison with industry and civil society, as much as with government departments and agencies. The suggested functions of a national authority include:
Each State Party is required under Article VII, paragraph 4 of the Chemical Weapons Convention, to ‘designate or establish a National Authority to serve as the national focal point for effective liaison with the Organization and other States Parties’. The national authority must be designated by the date of the entry into force of the convention for the state party concerned.
The composition of a national authority will vary depending on each state’s circumstances. A state party with major chemical production or trade facilities, for example, may need to establish a centralized body to liaise between the OPCW and the many government departments and agencies responsible for specific aspects of national implementation. For a state party with no chemical weapons and little or no declarable chemical industry, it may be sufficient for the national authority to consist of only one or two people, possibly within a single government department or ministry.
The range of responsibilities and powers which has been specifically assigned to the national authority in implementing legislation can be broadly categorized in seven clusters:
(Text adapted from www.opcw.org)
The PTBT does not explicitly refer to national implementing legislation and does not require states to establish national authorities or focal points. However, states may find it prudent to give effect to PTBT treaty obligations within their legal systems as it is a principle of international law that a state may not invoke provisions in its internal law as justification for failure to adhere to treaty obligations. A national focal point could usefully oversee this process.
NB: If a state has also joined the 1996 Comprehensive Nuclear Test Ban Treaty (CTBT), its obligations under the PTBT will be rendered obsolete when the CTBT enters into force. See below for information about CTBT national authorities.
Member states of the International Atomic Energy Agency (IAEA) should establish and maintain a national authority (with independent regulatory powers) responsible for the proper implementation and application of their safeguards agreements with the Agency.
NIM tools: guides, handbooks and checklists: IAEA Handbook on Nuclear Law, Chapter 2, ‘The Regulatory Body’.
States parties to the CPPNM should establish a competent authority to regulate the physical protection of nuclear activities in order to protect nuclear material from theft and to protect public health and safety from under radiological risk as a result of sabotage.
for ‘Guidance and Considerations for the Implementation of INFCIRC/225/Rev.4, The Physical Protection of Nuclear Material and Nuclear Facilities’ (IAEA TECDOC Series No. 967 (Rev. 1)/A). Chapter II discusses the ‘Role and Responsibility of the Competent Authority&rsquo.
Under Article III, paragraph 4, of the Treaty, each State Party is required to designate or set up a National Authority to ’serve as the national focal point for liaison with the Organization and with other States Parties’. The core function of the National Authority is to facilitate the interaction between States and with the Organization on all matters regarding the implementation of the Treaty after its entry into force.
Prior to entry into force of the Treaty, the national authority plays an important role in cooperating with the Preparatory Commission with a view to establishing the verification regime. It is also expected to promote the conclusion of Facility Agreements and/or Exchange of Letters in order to advance work on the International Monitoring System (IMS).
In the event of an on-site inspection, the role of the National Authority would be to facilitate the visit, including negotiations and administrative arrangements.
for the CTBT Legislation Package—Chapter IV. Main Elements of National Implementing Legislation: Section 7: ‘National Authority’
The CTBT will ban all nuclear explosions in all environments.
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