Status of International Nonproliferation and Counterterrorism Efforts in Central Asia

Status of International Nonproliferation and Counterterrorism Efforts in Central Asia

Threat Convergence Fact Sheet Series

THREAT CONVERGENCE | THE FUND FOR PEACE

Copyright Š 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-11-10-TC (11-04A) Circulation: PUBLIC

Contents

WMD Non-Proliferation Initiatives

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Export Control Laws and Projects in Place

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Counterterrorism Initiatives

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CTC Technical Assistance Matrix

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International Anti-Terrorism Instruments

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Anti-Money Laundering and Countering Terrorism Finance Initiatives

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U.S. Multilateral Initiatives

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Key Resources

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About The Fund for Peace

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WMD Nonproliferation Activities

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)

10 Dec 2004 7 Dec2005

SP

SP

SP

SP

CSA/AP

SP

S

S

S Kyrgyzstan

21 Dec2004 18 Feb2006

SP

SP

SP

SP

CSA/AP

-

SP

-

S Mongolia

3 Jun 2005

SP

SP

SP

SP

CSA/AP

SP

-

-

SP Tajikistan

12 Jan2005 9 Jan 2006

SP

SP

SP

SP

CSA/AP

SP

SP

-

S Turkmenistan

14 Oct2004

SP

SP

SP

SP

CSA/AP

SP

-

-

SP

Uzbekistan

27 Jun 2006

SP

SP

SP

SP

CSA/AP

SP

SP

-

SP

UNSCR 1540 Reports submitted1

Kazakhstan

Abbreviations

AP

Additional Protocol in Force

S

Signatory

CSA

Comprehensive Safeguards Agreement in force

SP

State Party

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Export Control Laws and Projects in Place

Kazakhstan

Kazakhstan participates in two export control regimes, the Zangger Committee and the Nuclear Suppliers Group. Kazakhstan has been praised for taking the lead in strengthening export controls among Central Asian states and has a number of nonproliferation export control laws. It has had an automated export control system since 2000. It is continuing to address questions of rapid turnover in its export control office and of the office’s under-resourcing. Kazakhstan, partnering with the U.S. and U.K., recently moved 100 tons of highly radioactive material from a Soviet-era reactor to a secure storage site.

This project was widely praised internationally as a successful multi-state partnership to reduce the risk of terrorist acquisition of dangerous material. Kazakhstan is a state party to the Central Asia NuclearWeapons-Free Zone Treaty.

Kyrgyzstan

Kyrgyzstan participates in two export control regimes, the Zangger Committee and the Nuclear Suppliers Group. It has requested assistance from other UN member states in fulfilling its obligations under UNSCR 1540. It has asked for “methodological, financial, and technical assistance.” Kyrgyzstan has a number of national trade and export control laws and is a state party to the Central Asia NuclearWeapons-Free Zone Treaty.

Mongolia

Mongolia does not participate in any multilateral export regimes. It has, however, declared that Mongolia is a nuclear weapon free zone and the UN has certified this declaration. Legislation, such as the Law on Protection Against Toxic Chemicals (1995) and the Law on Combating Terrorism (2004), enables Mongolia to fight WMD proliferation. Mongolian export control laws prohibit the transfer of weapons or weapons components into or through its territory, although they do not specifically mention WMD.

Tajikistan

Tajikistan 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 WMD use and transport. Tajikistan is a state party to 14 treaties that address terrorism and nonproliferation. It is a well-known transit hub for drugs and other illicit goods, and it has not been able to secure its borders to stem this tide. Tajikistan is a member of the Central Asian Nuclear-Weapons-Free Zone Treaty.

Turkmenistan Turkmenistan does not participate in any multilateral export control regimes, though it has a number of national trade and export control laws. Turkmenistan is a state party to the Central Asia NuclearWeapons-Free Zone Treaty.

Uzbekistan

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Uzbekistan does not participate in any multilateral export control regimes. It has requested assistance in fulfilling its obligations under UNSCR 1540, especially in training its border security personnel. It has a number of national trade and export control laws. Uzbekistan is a state party to the Central Asia Nuclear -Weapons-Free Zone Treaty.

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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

CTC Cooperation

UNSCR 1624 Reports submitted

UNODC Terrorism Prevention Branch activities

Kazakhstan CTC assistance received 2004-2008

S/2001/1307 S/2002/1087 S/2003/862 S/2004/658 Add 1.

S/2005/287

S/2008/337

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

• Participated in the Regional Workshop for Central Asia and Afghanistan on Suppression of Acts of Nuclear Terrorism.

Organized in cooperation with the OSCE (Tashkent, Uzbekistan, April 2007).

• Participated in the second subregional expert workshop on International Cooperation on Counter- Terrorism, Corruption and the Fight against Transnational Organized Crime (Antalya, Turkey, February 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 workshop for Central Asia and the Caucasus on international cooperation against terrorism and transnational organized crime, organized in cooperation with the Government of Turkey (Antalya, Turkey, February 2004).

*Only reports dated through 2006 are made publicly available.

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Counterterrorism Initiatives (UNSCR 1373 & 1624)

UNSCR 1373 Reports submitted

CTC Cooperation

UNSCR 1624 Reports submitted

UNODC Terrorism Prevention Branch activities

Kyrgyzstan CTC assistance received 2004-2007

S/2002/204 S/2003/776 S/2004/660 Add. 1 S/2006/350

S/2010/328

• 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 the Regional Workshop for Central Asia and Afghanistan on Suppression of Acts of Nuclear Terrorism.

Organized in cooperation with the OSCE (Tashkent, Uzbekistan, April 2007).

• Participated in the second subregional expert workshop on International Cooperation on Counter- Terrorism, Corruption and the Fight against Transnational Organized Crime (Antalya, Turkey, February 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 workshop for Central Asia and the Caucasus on international cooperation against terrorism and transnational organized crime, organized in cooperation with the Government of Turkey (Antalya, Turkey, February 2004).

•

Mongolia CTC assistance received 2005

S/2001/1135 S/2002/1152 S/2005/455

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

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Counterterrorism Initiatives (UNSCR 1373 & 1624)

UNSCR 1373 Reports submitted

CTC Cooperation

UNSCR 1624 Reports submitted

UNODC Terrorism Prevention Branch activities

Tajikistan CTC assistance received 2004-2008

S/2002/358 S/2003/147 S/2004/992 S/2006/86

S/2006/400

• Participated in a workshop on the Implementation of the Universal Instruments against Terrorism. Organized in cooperation with the CIS Executive Committee and co-funded 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 the Regional Workshop for Central Asia and Afghanistan on Suppression of Acts of Nuclear Terrorism.

Organized in cooperation with the OSCE (Tashkent, Uzbekistan, April 2007).

• Participated in the second subregional expert workshop on International Cooperation on Counter- Terrorism, Corruption and the Fight against Transnational Organized Crime (Antalya, Turkey, February 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 workshop for Central Asia and the Caucasus on international cooperation against terrorism and transnational organized crime, organized in cooperation with the Government of Turkey (Antalya, Turkey, February 2004).

Turkmenistan CTC assistance received 2004-2007

S/2002/580 S/2003/129 S/2003/868 S/2005/213 Add. 1 S/2009/498

See: S/2009/498

• Participated in the second subregional expert workshop on International Cooperation on Counter- Terrorism, Corruption and the Fight against Transnational Organized Crime (Antalya, Turkey, February 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 workshop for Central Asia and the Caucasus on international cooperation against terrorism and transnational organized crime, organized in cooperation with the Government of Turkey (Antalya, Turkey, February 2004).

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Counterterrorism Initiatives (UNSCR 1373 & 1624)

UNSCR 1373 Reports submitted

CTC Cooperation

UNSCR 1624 Reports submitted

UNODC Terrorism Prevention Branch activities

Uzbekistan CTC assistance received 2004-2007

S/2002/4 S/2002/974 S/2003/833 S/2005/347 S/2006/837

See: S/2006/837

• 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 the Regional Workshop for Central Asia and Afghanistan on Suppression of Acts of Nuclear Terrorism.

Organized in cooperation with the OSCE (Tashkent, Uzbekistan, April 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 workshop for Central Asia and the Caucasus on international cooperation against terrorism and transnational organized crime, organized in cooperation with the Government of Turkey (Antalya, Turkey, February 2004).

*Only reports dated through 2006 are made publicly available.

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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

Kazakhstan

SP

Kazakhstan 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 passed its AML/CFT regime in 2010. A mutual evaluation of Kazakhstan’s AML/CFT legislation is being conducted from 2010-2011.

Kyrgyzstan

SP

Kyrgyzstan 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 passed its AML/CFT law in 2006 and then strengthened it during 2008-2009. It was found to be “partially compliant” or “non-compliant” in implementing 25 of the 40 recommendations and in 8 of the 9 special recommendations. Kyrgyzstan joined the Egmont Group in 2009 to further improve its anti-money laundering abilities. Kyrgyzstan’s latest evaluation report can be found at http://eurasiangroup.org/ru/news/eagkyrgyz.pdf.

Mongolia

SP

Mongolia is a member of the Asia/Pacific Group, an FATF-style organization in Asia, which it joined in 2004. Mongolia passed an AML/CFT law in 2006 and strengthened it in 2009. It was rated “partially compliant” or non-compliant” in 38 of the 40 recommendations, and in 9 of 9 special recommendations.

Tajikistan

SP

Tajikistan 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 formed a working group in 2009 to create AML/CFT legislation. Tajikistan was rated “partially compliant” or “non-compliant” in 35 of the 40 recommendations and in 9 of 9 special recommendations. Tajikistan’s latest evaluation report can be found at http:// eurasiangroup.org/ru/news/tajikistan.pdf.

Turkmenistan

SP

Turkmenistan 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 2010. Its AML/CFT legislation was adopted in 2009. A mutual evaluation of Turkmenistan’s AML/CFT legislation is being conducted from 2010-2011.

Uzbekistan

SP

Uzbekistan 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 2005.

Uzbekistan’s AML/CFT legislation came into force in 2006. Uzbekistan was rated “partially compliant” or “non-compliant” in 17 of the 40 recommendations and 5 of the 9 special recommendations. Uzbekistan’s latest evaluation report can be found at http:// www.eurasiangroup.org/Uzbekistan.php.

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U.S. Multilateral Initiatives

Container Security Initiative

Kazakhstan

-

Proliferation Security Initiative

Nuclear Smuggling Outreach Initiative

Megaports Initiative (National Nuclear Security Administration)

Participant

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

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Kyrgyzstan

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Participant

Joint action plan signed in 2007 (See NSOI Kyrgyzstan fact sheet at http://www.nsoi-state.net/media/ pdf/Kyrgyz%20republic%20fact% 20sheets.pdf)

Mongolia

-

Participant

-

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Tajikistan

-

Participant

Provisionally agreed to a joint action plan in 2010. The Tajik government is now reviewing the plan.

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Uzbekistan

-

Participant

An NSOI delegation met with the Uzbek government to discuss the creation of a joint action plan in 2010.

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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

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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

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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

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Central Asia Nuclear-Weapons-Free Zone Treaty Text: http://disarmament.un.org/ treatystatus.nsf/44e6eeabc9436b78852568770078d9c0/c851f154c73c8837852572f8005597f1?OpenDocument

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

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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.

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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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Sustainable Development, Sustainable Security

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