Status of International Nonproliferation and Counterterrorism Effortsin East and Southeast Europe by The Fund for Peace

Status of International Nonproliferation and Counterterrorism Efforts in East and Southeast Europe

Threat Convergence Fact Sheet Series

THREAT CONVERGENCE | THE FUND FOR PEACE

Copyright ÂŠ 2011 The Fund for Peace. Report prepared by Jonas Vaicikonis Series Editor Patricia Taft All rights reserved. No part of this publication may be reproduced or transmitted in any form or by any means without prior written consent from The Fund for Peace. The Fund for Peace 1720 I Street NW 7th Floor Washington, D.C. 20006 T: +1 202 223 7940 F: +1 202 223 7947 www.fundforpeace.org The Fund for Peace Publication CR-11-11-TC (11-04B) Circulation: PUBLIC

Contents

WMD Non-Proliferation Initiatives

Export Control Laws and Projects in Place

Counterterrorism Initiatives

International Anti-Terrorism Instruments

Anti-Money Laundering and Countering Terrorism Finance Initiatives

U.S. Multilateral Initiatives

Key Resources

About The Fund for Peace

Note This Status of Efforts paper encompasses only those European states that are not NATO member states. For information on NATO, please see the Fund for Peace â&#x20AC;&#x153;Status of International Nonproliferation and Counterterrorism Efforts Within NATO Member Statesâ&#x20AC;? paper (CR-11-06-TC), available at: http://issuu.com/fundforpeace/docs/cr-11-06-tc-statusofefforts-nato-1104a http://www.fundforpeace.org/global/library/cr-11-06-tc-statusofefforts-nato-1104a.pdf

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WMD Nonproliferation Activities

UNSCR 1540 Reports submitted1

Nuclear Nonproliferation Treaty

Comprehensive Test Ban Treaty (not yet entered into force)

Chemical Weapons Convention (1993)

Biological Toxin Weapons Convention (1972)

International Atomic Energy Agency

Convention on the Physical Protection of Nuclear Material (1980)

Joint Convention on the Safety of Spent Fuel Management and on the safety of Radioactive Waste Management (1997)

Convention on Nuclear Safety (1994)

International Convention for the Suppression of Acts of Nuclear Terrorism (2005)

Belarus

15 Nov 2004 9 Nov 2005

CSA/AP

Bosnia and Herzegovina

3 Dec 2004 22 Mar 2006

CSA

FYR Macedonia

3 Dec 2004 20 Jan 2006

CSA/AP

Moldova

4 Jan 2005 5 Dec 2005

CSA/AP

Montenegro

6 Jan 2005* 23 Jan 2006

CSA/AP

Russia

2 Nov 2004 30 Aug 2005

CSA/AP

Serbia

6 Jan 2005* 23 Jan 2006

CSA/AP

Ukraine

28 Oct 2004 10 Oct 2005

CSA/AP

Abbreviations AP

Additional Protocol in Force

Signatory

CSA

Comprehensive Safeguards Agreement in force

State Party

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Export Control Laws and Projects in Place

Belarus

Belarus is a member of the Nuclear Suppliers Group. It has a number of national trade and export control laws that specifically address weapons of mass destruction and penalize the use, transport, possession, or sale of WMD materials. Belarus has offered to advise states on implementing legal frameworks to support UNSCR 1540. It has ratified all 12 of the universal anti-terrorism conventions.

Bosnia and Herzegovina

Bosnia and Herzegovina does not participate in any multilateral export control regimes. It has a number of national trade and export control laws that address the import and export of dangerous substances. Its criminal code specifically includes â&#x20AC;&#x153;illicit procurement and disposal of nuclear materialâ&#x20AC;? and also criminalizes the transport of dual use items across its borders. Bosnia and Herzegovinaâ&#x20AC;&#x2122;s criminal code was recently amended to include a wider range of items.

FYR Macedonia

The Former Yugoslav Republic of Macedonia does not participate in any multilateral export control regimes. It has a limited number of national trade and export control laws and these are currently under review, with the aim of tailoring them to address WMD transportation concerns. The U.S. has given support to the Former Yugoslav Republic of Macedonia through its Export Control and Related Border Security Program. This program provided x-ray vans to the local border guards and the vans ended up thwarting an illicit shipment of 882 pounds of cocaine in 2007, the largest drug seizure in Macedonian history.

Moldova

Moldova does not participate in any multilateral export control regimes, though it has a number of national trade and export control laws which address the problem of nuclear material possession and transport. It is currently evaluating its export control laws and the agencies that administer them, seeking to streamline the bureaucracies involved in enforcing its border control and WMD laws.

Montenegro

Montenegro does not participate in any multilateral export control regimes, though it has a number of national trade and export control laws that address hazardous materials transport and weapons import and export. But, it does synchronize its list of controlled and dual use items with EU standards, which are based on the Wassenaar Arrangement, Nuclear Suppliers Group, and Australia Group norms. Its national criminal code has detailed descriptions of WMD-related crimes and the sentences that each carries. Montenegro is a state party to all of the relevant WMD proliferation instruments. Both Serbia and Montenegro aspire to join all five multilateral export control regimes.

Russia

Russia is a member of all multilateral export control regimes, except for the Australia Group. It is active in fighting WMD proliferation, especially through Russian-led initiatives within the CIS. Russian national trade and export laws are extensive and cover many WMD smuggling contingencies. Russia is prepared to offer assistance to states looking to fulfill their obligations for UNSCR 1540. As a successor state to the Soviet Union, Russia possesses stocks of chemical weapons, which it has been steadily destroying as part of its obligations under the Chemical Weapons Convention.

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Export Control Laws and Projects in Place

Serbia

Serbia does not participate in any multilateral export control regimes, though it has a number of national trade and export control laws which address WMD possession and transport, especially chemical weapons. Borders that are outside inhabited areas are policed by the Serbian military, though efforts are under way to transfer these responsibilities to the police. Serbia has received assistance from the UK on revising its export control laws to meet its obligations under UNSCR 1540. Both Serbia and Montenegro aspire to join all five multilateral export control regimes.

Ukraine

Ukraine participates in all five multilateral export control regimes. It has extensive national trade and export control laws that focus on stopping WMD proliferation that pay particular attention to countering terrorism. Ukraine participates in the U.S.-led Proliferation Security Initiative. The U.S. National Nuclear Security Administration has conducted export control training programs in Ukraine since 2004 and are expected to continue.

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Counterterrorism Initiatives (UNSCR 1373 & 1624)*

Pursuant to U.N. Security Council Resolutions 1373 (http://www.un.org/sc/ctc/countryreports/Creports.shtml) and 1624 (http://www.un.org/sc/ctc/1624.html). UNSCR 1373 Reports submitted Belarus

27 Dec 2001 Add. 1 20 Jun 2002 Add. 1 21 Mar 2003 29 Mar 2004 19 Ap 2005 10 Mar 2006 Add. 1

UNSCR 1624 Reports submitted

UNODC Terrorism Prevention Branch activities

10 Mar 2006

• Participated in a workshop on the Implementation of the Universal Instruments against Terrorism. Organized in cooperation with the CIS Executive Committee and cofunded by the OSCE (Minsk, Belarus, January 2008).

• Participated in a workshop for legal experts of CSTO Member States on the criminal law aspects of the implementation of the Universal counter-terrorism Instruments, (Moscow, Russia, October 2007). • Participated in a workshop on the legislative implementation of universal instruments against terrorism and regional experiences in promoting international cooperation against terrorism for the members of the Commonwealth of Independent States (Moscow, Russia, November 2005).

• Participated in a seminar on legal instruments to prevent terrorism in the Baltic States (Vilnius, Lithuania, November 2003). Bosnia and Herzegovina

31 Dec 2001 27 Sep 2002 22 Sep 2003 19 Nov 2004 4 Apr 2006

4 Apr 2006

• Participated in a workshop for Central and SouthEastern Europe on Cooperation Against Terrorism and Organized Crime, organized with the OSCE (Budapest, Hungary, November 2008).

• Participated in the second expert workshop on international counter-terrorism, corruption, and the fight against organized crime (Bucharest, Romania, November 2006).

• Participated in the expert workshop on international cooperation on counter-terrorism, corruption, and the fight against transnational crime (Zagreb, Croatia, March 2005).

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Counterterrorism Initiatives (UNSCR 1373 & 1624)

UNSCR 1373 Reports submitted FYR Macedonia

31 Dec 2001 19 Sep 2002 27 Oct 2003 10 Aug 2005

UNSCR 1624 Reports submitted -

UNODC Terrorism Prevention Branch activities

• Participated in a workshop for Central and SouthEastern Europe on Cooperation Against Terrorism and Organized Crime, organized with the OSCE (Budapest, Hungary, November 2008).

• Participated in the second expert workshop on international counter-terrorism, corruption, and the fight against organized crime (Bucharest, Romania, November 2006).

• Participated in the expert workshop on international cooperation on counter-terrorism, corruption, and the fight against transnational crime (Zagreb, Croatia, March 2005). Moldova

8 Jan 2002 19 Sep 2002 10 Oct 2003 20 Jan 2006

22 Jun 2006

• Participated in a workshop for Central and SouthEastern Europe on Cooperation Against Terrorism and Organized Crime, organized with the OSCE (Budapest, Hungary, November 2008).

• Participated in the second expert workshop on international counter-terrorism, corruption, and the fight against organized crime (Bucharest, Romania, November 2006). • Participated in a workshop on the legislative implementation of universal instruments against terrorism and regional experiences in promoting international cooperation against terrorism for the members of the Commonwealth of Independent States (Moscow, Russia, November 2005). Montenegro

7 Feb 2008

• Participated in a workshop for Central and SouthEastern Europe on Cooperation Against Terrorism and Organized Crime, organized with the OSCE (Budapest, Hungary, November 2008). • Participated in the second expert workshop on international counter-terrorism, corruption, and the fight against organized crime (Bucharest, Romania, November 2006).

• Participated in the expert workshop on international cooperation on counter-terrorism, corruption, and the fight against transnational crime (Zagreb, Croatia, March 2005).

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Counterterrorism Initiatives (UNSCR 1373 & 1624)

UNSCR 1373 Reports submitted Russia

27 Dec 2001 Add. 1 6 Aug 2002 27 Aug 2003 13 Feb 2006

UNSCR 1624 Reports submitted 30 Jun 2006

UNODC Terrorism Prevention Branch activities

• Participated in a workshop for Central and SouthEastern Europe on Cooperation Against Terrorism and Organized Crime, organized with the OSCE (Budapest, Hungary, November 2008). • Participated in a subregional workshop for legal experts of CSTO member states on the implementation of universal counter-terrorism instruments (Moscow, Russia, October 2007).

• Participated in a workshop on the legislative implementation of universal instruments against terrorism and regional experiences in promoting international cooperation against terrorism for the members of the Commonwealth of Independent States (Moscow, Russia, November 2005).

• Participated in a regional workshop on the legislative implementation of universal instruments against terrorism for Central Asian and neighboring countries (Tashkent, Uzbekistan, April 2005).

• Participated in a seminar on legal instruments to prevent terrorism in the Baltic States (Vilnius, Lithuania, November 2003). Serbia

31 Dec 2001 13 Sep 2002 10 Jun 2004 21 Aug 2006

29 Sep 2006 21 Aug 2006

• Participated in a workshop for Central and SouthEastern Europe on Cooperation Against Terrorism and Organized Crime, organized with the OSCE (Budapest, Hungary, November 2008).

• Participated in the second expert workshop on international counter-terrorism, corruption, and the fight against organized crime (Bucharest, Romania, November 2006).

• Participated in the expert workshop on international cooperation on counter-terrorism, corruption, and the fight against transnational crime (Zagreb, Croatia, March 2005). Ukraine

31 Dec 2001 13 Sep 2002 13 Nov 2003 1 Nov 2004 8 May 2006

See: 8 May 2006

• Participated in a seminar on legal instruments to prevent terrorism in the Baltic States (Vilnius, Lithuania, November 2003).

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International Antiterrorism Instrumentsa

Convention on Offences and Certain Other Acts Committed On Board Aircraft (1963)

Convention for the Suppression of Unlawful Seizure of Aircraft (1970)

Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation (1971)

Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents (1973)

International Convention Against the Taking of Hostages (1979)

Convention on the Physical Protection of Nuclear Material (1980)

Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, supplementary to the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation (1988)

Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation (1988)

Protocol for the Suppression of Unlawful Acts Against the Safety of Fixed Platforms Located on the Continental Shelf (1988)

Convention on the Marking of Plastic Explosives for the Purpose of Detection (1991)

International Convention for the Suppression of Terrorist Bombings (1997)

International Convention for the Suppression of Acts of Nuclear Terrorism (2005)

Amendment to the Convention on the Physical Protection of Nuclear Material

Protocol of 2005 to the Convention for the suppression of unlawful acts against the safety of maritime navigation

Protocol of 2005 to the Protocol for the suppression of unlawful acts against the safety of fixed platforms located on the continental shelf

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Anti-Money Laundering and Countering Terrorism Finance Initiatives

International Convention for the Suppression of Terrorist Financing

Implementation of FATF 40+9 recommendations

Belarus

Belarus is a member of the Eurasian Group on Money Laundering and Financing of Terrorism, an FATF-style organization in Central Asia, which it joined in 2004. It has been a member of the Egmont Group since 2007. Its AML/CFT legislation came into force in 2000 and was amended in 2010. Belarus was found to be “partially compliant” or “noncompliant” in implementing 22 of the 40 recommendations and in 7 of the 9 special recommendations. Belarus’s latest evaluation report can be found at http:// www.eurasiangroup.org/Belarus.php.

Bosnia and Herzegovina

Bosnia and Herzegovina is a member of MONEYVAL, an organization under the auspices of the Council of Europe, designed to strengthen European anti-money laundering laws. Bosnia and Herzegovina originally passed its first AML/CFT law in 2004 and passed an updated law in 2009. It has been a member of the Egmont group since 2005. Bosnia and Herzegovina was found to be “partially compliant” or “non-compliant” in implementing 30 of the 40 recommendations and in 7 of the 9 special recommendations. Bosnia and Herzegovina’s latest evaluation report can be found at http://www.coe.int/t/dghl/monitoring/moneyval/Evaluations/round3/ MONEYVAL%282009%2942Rep_BIH3_en.pdf.

FYR Macedonia

The Former Yugoslav Republic of Macedonia is a member of MONEYVAL, an organization under the auspices of the Council of Europe, designed to strengthen European anti-money laundering laws. Its AML/CFT legislation came into force in 2004. It was rated “partially compliant” or “non-compliant” in 25 of the 40 recommendations, and in 9 of 9 special recommendations. Its latest evaluation report can be found at http:// www.coe.int/t/dghl/monitoring/moneyval/Evaluations/round3/MONEYVAL% 282008%2921Rep-MK3_en.pdf.

Moldova

Moldova is a member of MONEYVAL, an organization under the auspices of the Council of Europe, designed to strengthen European anti-money laundering laws. Its AML legislation has been in force since 2001, and efforts to implement its CFT legislation continue. It was rated “partially compliant” or “non-compliant” in 29 of the 40 recommendations, and in 8 of 9 special recommendations. Its latest evaluation report can be found at http://www.coe.int/t/dghl/monitoring/moneyval/Evaluations/round3/ MONEYVAL%282007%2918Rep-MDA3_en.pdf.

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Anti-Money Laundering and Countering Terrorism Finance Initiatives

International Convention for the Suppression of Terrorist Financing

Implementation of FATF 40+9 recommendations

Montenegro

Montenegro is a member of MONEYVAL, an organization under the auspices of the Council of Europe, designed to strengthen European anti-money laundering laws. Its AML/CFT legislation came into force in 2008. It has been a member of the Egmont group since 2005. Montenegro was rated “partially compliant” or “non-compliant” in 13 of the 40 recommendations, and in 5 of 9 special recommendations. Its latest evaluation report can be found at http://www.coe.int/t/dghl/monitoring/moneyval/Evaluations/ round3/MONEYVAL%282009%2910Rep-MNE_en.pdf.

Russia

Russia is a member of MONEYVAL, an organization under the auspices of the Council of Europe, designed to strengthen European anti-money laundering laws. It is also a member of FATF, the Eurasian Group, and the Egmont group. Russia was rated “partially compliant” or “non-compliant” in 18 of the 40 recommendations, and in 6 of 9 special recommendations. Its latest evaluation report can be found at http://www.coe.int/t/ dghl/monitoring/moneyval/Evaluations/round3/MONEYVAL%282008%2923RepRUS3_en.pdf.

Serbia

Serbia is a member of MONEYVAL, an organization under the auspices of the Council of Europe, designed to strengthen European anti-money laundering laws. It has been a member of the Egmont group since 2003. Its AML/CFT legislation has been in force since 2009. It was rated “partially compliant” or “non-compliant” in 19 of the 40 recommendations, and in 7 of 9 special recommendations. Its latest evaluation report can be found at http://www.coe.int/t/dghl/monitoring/moneyval/Evaluations/round3/ MONEYVAL%282009%2929Rep_SER3_en.pdf.

Ukraine

Ukraine is a member of MONEYVAL, an organization under the auspices of the Council of Europe, designed to strengthen European anti-money laundering laws. It has been a member of the Egmont group since 2004. Ukraine was rated “partially compliant” or “non-compliant” in 24 of the 40 recommendations, and in 9 of 9 special recommendations. Its latest evaluation report can be found at http://www.coe.int/t/ dghl/monitoring/moneyval/Evaluations/round3/MONEYVAL%282009%294RepUKR3_en.pdf.

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U.S. Multilateral Initiatives

Container Security Initiative

Proliferation Security Initiative

Nuclear Smuggling Outreach Initiative

Megaports Initiative (National Nuclear Security Administration)

Belarus

Participant

Bosnia and Herzegovina

Participant

FYR Macedonia

Participant

Moldova

Participant

Moldovaâ&#x20AC;&#x2122;s joint action plan is currently being drafted

Montenegro

Participant

Russia

Participant

Serbia

Participant

Joint action plan signed in 2006 (See NSOI Ukraine fact sheet at http://www.nsoi-state.net/media/ pdf/Ukraine%20fact%20sheets.pdf)

Ukraine

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Key Resources

• • •

National Reports to the UN Security Council 1540 Committee: http://www.un.org/sc/1540/nationalreports.shtml US Container Security Initiative: http://www.cbp.gov/xp/cgov/trade/cargo_security/csi/ FATF 40 Recommendations on Money Laundering: http://www.fatf-gafi.org/ document/28/0,3343,en_32250379_32236930_33658140_1_1_1_1,00.html

•

FATF 9 Recommendations on Terrorist Financing: http://www.fatf-gafi.org/ document/9/0,3343,en_32250379_32236920_34032073_1_1_1_1,00.html

• •

FATF Typologies Report on Proliferation Financing: http://www.fatf-gafi.org/dataoecd/14/21/41146580.pdf International Convention for the Suppression of the Financing of Terrorism: http://www.un.org/law/cod/ finterr.htm

•

US Megaports Initiative: http://nnsa.energy.gov/aboutus/ourprograms/nonproliferation/programoffices/ internationalmaterialprotectionandcooperation/s-1

• • •

Proliferation Security Initiative: http://www.state.gov/t/isn/c10390.htm UN Security Council Counter-Terrorism Committee: http://www.un.org/sc/ctc/ UN Office of Drugs and Crime (UNODC) Terrorism Prevention Branch: http://www.unodc.org/unodc/en/terrorism/ index.html

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About The Fund for Peace

he Fund for Peace is an independent, nonpartisan, 501(c)(3) non-profit research and educational organization that works to prevent violent conflict and promote sustainable security.

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We have worked in over 50 countries with a wide range of partners in all sectors: governments, international organizations, the military, nongovernmental organizations, academics, journalists, civil society networks, and the private sector.

We promote sustainable security through research, training and education, engagement of civil society, building bridges across diverse sectors, and developing innovative technologies and tools for policy makers. A leader in the conflict assessment and early warning field, the Fund for Peace focuses on the problems of weak and failing states. Our objective is to create practical tools and approaches for conflict mitigation that are useful to decision-makers.

The Fund for Peace offers a wide range of initiatives focused on our central objective of promoting sustainable security, the ability of a state to solve its own problems peacefully without an external military or administrative presence. Our programs fall into three primary thematic areas: Conflict Early Warning and Assessment; Transnational Threats; and Sustainable Development, Sustainable Security.

The Fund for Peace adopts a holistic approach to the issues stemming from weak and failing states. We work at both the grassroots level with civil society actors and at policy levels with key decision makers.

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CR-11-11-TC