Implementing UN Security Council Resolution 1540

United Nations Security Council Resolution 1540 (2004) was adopted on 28 April 2004. The decisions in this resolution are legally binding on all UN Member States.

UNSCR 1540 established the 1540 Committee and its experts, whose mandate have been extended by UNSC Resolutions 1673 (2006), 1810 (2008) and 1977 (2011) until 25 April 2021.

Scope

UNSCR 1540 is a response to the threat to international peace and security caused by the proliferation of nuclear, chemical and biological weapons, as well as their means of delivery, to non-state actors.

Main obligations

Under operative paragraph 1 of UNSCR 1540, states are required to 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.

Operative paragraph 3 requires that states shall take and enforce effective domestic measures to prevent the proliferation of nuclear, chemical, or biological weapons and their means of delivery. Such measures shall concern accountability, security, physical protection, export and financing of nuclear, chemical and biological materials, equipment and technology and related border controls and law enforcement,.

Operative paragraph 5 further reiterates that none of the obligations in the resolution shall be interpreted to conflict with or alter the rights and obligations of states parties to the Nuclear Non-Proliferation Treaty, Chemical Weapons Convention or Biological and Toxin Weapons Convention.

NIM obligations

The decisions in the resolution are legally binding on all UN Member States pursuant to Article 25 of the UN Charter. UN Member States are therefore obliged to implement these decisions. The resolution was adopted under Chapter VII of the UN Charter, which means the Council is authorised to take enforcement action.

Operative paragraph 2 of UNSCR 1540 requires states, in accordance with their national procedures, to adopt and enforce legislation to 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, participate as an accomplice, assist or finance any of those activities.

In addition, the domestic measures mentioned in operative paragraph 3 include legislative measures to prevent the proliferation of nuclear, chemical, or biological weapons and their means of delivery. This means providing a legislative basis for measures concerning accountability, security, physical protection, export and financing of nuclear, chemical and biological materials, equipment and technology and related border control and law enforcement measures.