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Statement by the delegation of Ukraine on WMD Non-Proliferation (Resolution 1540)

(23 August, 2016)

Ukraine is grateful to the Presidency of Malaysia for organizing this useful open debate. We are also thankful to today’s briefers for their valuable respective prospectivs.

While fully aligning with the statement of the European Union to be delivered later today, I would like to make some comments in my national capacity.

For already 12 years Council Resolution 1540 is playing a crucial role in strengthening global and regional non-proliferation efforts. Its preventive objective makes the Resolution a unique and valuable tool.

Ukraine has been always actively engaged in the global process of WMD non-proliferation and disarmament, making historic contribution to this endeavor. We have consistently supported effective multilateral efforts aimed at preventing and combating proliferation of weapons and materials of mass destruction.

As a state with a nuclear-weapon-past and a full-fledged Party to the NPT, CWC and BWC, Ukraine is strongly committed to the implementation of 1540 and exerts every effort to prevent non-state actors from acquiring materials and technologies that could be used as a weapon of mass destruction.

At the same time, despite the measures taken by the member states to prevent proliferation risks, we are witnessing growing and even more complicated threats in this area. On the one hand, the risks may arise not only from poor national legislation in place but also from the rapid development of science and technology coupled with a lack of threat awareness among academia, industry and civil society.

On the other hand, international legal prohibitions have little relevance to terrorists and criminals, who might be tempted to engage in attacks using chemical, biological, radiological and nuclear (CBRN) materials. Unlike states, non-state actors pursue their hostile intentions and are prone to unconventional and highly unpredictable actions. Moreover, erosion of the existing world order, continuous breaches and unaddressed violations of international law and the ongoing conflicts in different parts of the globe continue to weaken CBRN security architecture as a whole.

With a view of tackling the growing threat of WMD proliferation globally, we support initiatives aimed at further strengthening the role and potential of Resolution 1540 for a long-term perspective, such as recent establishment of the 1540 Group of Friends by Spain as a Chair of 1540 Committee. Reaffirming its commitment to the Resolution in the framework of the 2016 Nuclear Security Summit in Washington, Ukraine joined the initiative named “Promoting Full and Universal Implementation of UN Security Council Resolution 1540”.

It is also worth mentioning that during the 2014 Nuclear Security Summit in The Hague, Ukraine has joined the similar initiative and has also made its valuable contribution in its implementation. Together with the UN and OSCE, we organized the Workshop on Assessment of Implementation and the Role of the 1540 in Achieving the Aims of Non-Proliferation and Disarmament, which took place in in Kyiv November 2013.

A year later the OSCE, the UN Office for Disarmament Affairs (UNODA), the Ukrainian Chemists Union, the International Centre for Chemical Safety and Security in Poland (ICCSS), with support of the Ministry of Foreign Affairs of Ukraine, initiated a National Round Table on “The capabilities in the domain of chemical safety and security and the development of an Integrated Chemical Safety and Security Program in Ukraine, including Promotion of the Implementation of UN Security Council Resolution 1540”, which resulted in the Comprehensive Review and Integrated Program of Chemical Safety and Security in Ukraine.

We also fully support the work of the 1540 Committee, in particular in coordinating international efforts aimed at ensuring the proper Resolution’s implementation. Ukraine constantly provides reports on its national legislation, including updates on the export and border control, the physical protection of the relevant sensitive facilities to the Committee. We continuously improve our technical capabilities in order to monitor, detect and prevent the illegal trafficking of chemical, biological and nuclear materials. Particularly, the relevant work is being systematically carried out in order to enhance the efficiency of the relevant monitoring systems at the state border check points. The use of mobile radiation monitoring systems that provide monitoring of green control is also being expanded.

Let me also mention that a State Plan of interaction between central and local authorities in case of committing sabotage on nuclear facilities, nuclear materials and other sources of ionizing radiation during their use, storage or transportation, and on nuclear waste has been already approved in Ukraine.

I think it is quite natural that, against such a backdrop, Ukraine cannot and will not tolerate any breaches in the process of WMD non-proliferation and disarmament. Picking up on the statement of the delegation of Japan, we would like to share the deep concerns regarding the persistent irresponsible and highly provocative action by the DPRK. This policy continues to aggravate the security situation on the Korean Peninsula as well as undermine the regional peace and stability. It is the ultimate responsibility of this Council and wider international community to restore respect for those norms, ensuring fulfillment of respective international commitments and obligations, as well as preventing further violations.

Mr. President,

The issue of full and universal implementation of 1540 is one of the priorities of Ukraine as a Council elected member. We welcome the constructive and result-oriented approach of the Spanish Chairmanship in the process of the Comprehensive Review of the Resolution’s implementation, to be accomplished by the end of this year. It is important that this endeavor focuses also on the ways to ensure that the relevant international legal norms are fully respected and implemented by all Member States.

At the same time, today full implementation of the Resolution is undermined by one of the members of the 1540 Committee.

The Russian Federation committed not only the act of the military aggression against one of the UN sovereign states — Ukraine, but also, having violated all international rules and norms, invaded the nuclear sites, which are based on the Ukrainian territory — namely in Crimea.

The occupation of the Autonomous Republic of Crimea and ongoing Russian aggression in the East of Ukraine have left without due control by the Ukrainian national regulator the low-enriched uranium research reactor in Sevastopol, 2 nuclear repositories and more than 1200 radionuclide sources.

I would also like to recall that 1540 establishes the obligations under Chapter VII of the UN Charter for all Member States to develop and enforce appropriate legal and regulatory measures against the proliferation of chemical, biological, radiological, and nuclear weapons and their means of delivery, in particular, to prevent the spread of weapons of mass destruction to non-state actors and to abstain from providing of any financial help to them.

By carrying out military aggression against Ukraine, providing the illegal terrorist groups with modern weapons and financing them, Russia brutally violates this obligation, which it has voluntarily taken according to the Resolution 1540. In particular, it has destroyed the security system of the industry sites and plants in certain areas of Luhansk and Donetsk regions of Ukraine, which contain chemical, biological and radioactive materials.

To be precise, according to the data of the State Nuclear Regulatory Inspectorate of Ukraine, only on the temporary occupied territories of the Eastern Ukraine Russian aggression has left without proper control 65 enterprises, which are using the sources of ionizing radiation.

Furthermore, because of the external aggression, Ukraine has lost the state border control over some areas of Luhansk and Donetsk regions bordering Russia. As a result, some parts of Ukrainian border can be used by smugglers to illegally transfer to or through the territory of Ukraine chemical, biological and radioactive materials from Russia.

This overall situation created by the Russian Federation poses a real threat to the non-proliferation regime and, no doubt, violates the key principles the Council’s Resolution 1540 stands for.

In this regard we urge all states to influence the Russian Federation in all possible ways in order to stop aggressive and hostile actions against Ukraine and finally abide by its obligations in accordance to 1540.

In closing, Mr. President, let me reiterate Ukraine’s unwavering commitment to the universal respect and integrity of the global non-proliferation regime.