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Countering the Threat Posed by Non-State Actors in the Proliferation of Weapons of Mass Destruction

Published online by Cambridge University Press:  28 February 2017

Jack Beard
Jack Beard*
Affiliation:
U.S. Department of Defense, Georgetown University Law Center, Washington, D.C.
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Abstract

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Type
International Security: Multiple Actors, Multiple Threats
Information
Proceedings of the ASIL Annual Meeting , Volume 92 , 1998 , pp. 173 - 177
Copyright
Copyright © American Society of International Law 1998

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References

1 1997 Under Sec’y of Def. Counterproliferation Program Rev. Committee Ann. Rep. To Cong., at 3-2, 3-3.

2 Before the House Appropriations Comm. on Commerce, Justice, State, Judiciary, and Related Agencies, 105th Congress (March 5, 1998) (prepared statement of Louis J. Freeh, Director, FBI) (available in Lexis, News Library, FedNew file).

3 Office of the Secretary of Defense, Proliferation: Threat and Response 53 (Nov, 1997).

4 The first CTR legislation, sponsored by Senators Sam Nunn and Richard Lugar, was enacted in 1991. Congress has amended and expanded this initial effort on an annual basis. See Soviet Nuclear Threat Reduction Act of 1991, 22 U.S.C. § 2551 note; Former Soviet Union Demilitarization Act of 1992, 22 U.S.C. §§ 5901-5931; Cooperative Threat Reduction Act of 1993, 22 U.S.C. §§ 5951-5958; National Defense Authorization Act for Fiscal Year 1995, Pub. L. No. 103-337, title XII; National Defense Authorization Act for Fiscal Year 1996, Pub. L. No. 104-106, title XII, 22 U.S.C. § 5955, note; National Defense Authorization Act for Fiscal Year 1997, Pub. L. No. 104-201, title XV; and National Defense Authorization Act for Fiscal Year 1998, Pub. L. No. 105-85, title XIV. DoD is responsible for the management of the CTR Program and all CTR funding is provided exclusively from Department of Defense appropriations. Since its inception in 1991, Congress has authorized over $2 billion for the CTR Program.

5 22 U.S.C. § 5952(b)(3).

6 Agreement Between the U.S. Department of Defense and the Expert and Technical Committee of the Cabinet of Ministers of Ukraine Concerning the Provision of Assistance to Ukraine Related to the Establishment of an Export Control System to Prevent the Proliferation of WMD from Ukraine, Dec. 5, 1993, State Dep’t No. 94-39, 1993 WL 642434 (entered into force Dec. 31, 1993).

7 Agreement Between the U.S. Department of Defense and the Ministry of Defense of the Republic of Kazakhstan Concerning the Provision of Assistance to the Republic of Kazakhstan Related to the Establishment of Export Control Systems to Prevent the Proliferation of WMD, Dec. 13, 1993, State Dep’t No. 94-33, 1993 WL 642423.

8 On March 4, 1997, the Secretary of State, acting on behalf of the President under § 1203(d) of the Cooperative Threat Reduction Act, title XII of Pub. L. No. 103-160, 22 U.S.C. § 5952(d); § 1412(d) of the Former Soviet Union Demilitarization Act of 1992, title XIV of Pub. L. No. 102-484, 22 U.S.C. § 5902(d); and § 502 of the Freedom Support Act, Pub. L. No. 102-511, 22 U.S.C. § 5852; certified the following countries as eligible to receive CTR and Freedom Support Act assistance for the first time: the Republic of Armenia, the Azerbaijani Republic, the Republic of Georgia, the Kyrgz Republic, the Republic of Moldova, Turkmenistan, and the Republic of Uzbekistan. (Although Kazakhstan, Russia, and Ukraine were also certified, Belarus and Tajikistan were not.) Certification on file with the ASIL.

9 Recent agreements include: Agreement Between the U.S. Department of Defense and the Ministry of Defense of the Republic of Uzbekistan Concerning Cooperation in the Area of the Dismantlement of WMD, the Prevention of Proliferation of WMD, and the Promotion of Defense and Military Relations, June 27, 1997, State Dep’t No. 97-124, 1997 WL 574350; Agreement Between the U.S. Department of Defense and the Ministry of Defense of the Republic of Moldova Concerning Cooperation in the Area of the Prevention of Proliferation of WMD, and the Promotion of Defense and Military Relations, June 23, 1997, State Dep’t No. 97-123, 1997 WL 574349; Agreement Between the United States of America and Georgia Concerning Cooperation in the Area of the Prevention of Proliferation of WMD, and the Promotion of Defense and Military Relations, July 17, 1997 (entered into force Nov. 10, 1997), State Dep’t No. 98-1, 1997 WL 813208 [hereinafter Georgia Counterproliferation Agreement].

10 Joint Statement on Republic of Georgia-United States Relations, 33 Weekly Comp. Pres. Doc. 1105 (July 18, 1997).

11 Defense Department Briefing, Federal News Service, July 17, 1997, available in Lexis, News Library, FedNew File.

12 Implementing Agreement Between the Department of Defense of the United States of America and the State Department of the State Border Guards of Georgia Concerning the Provision of Assistance to Georgia of Export Control Systems to Prevent the Proliferation of WMD, Jan. 30, 1998 (entered into force Feb. 17, 1998). Agreement on file with the ASIL.

13 The National Defense Authorization Act for Fiscal Year 1997, Pub. L. No. 104-201, § 1424. § 1424(a) authorizes the Department of Defense to “carry out programs for assisting customs officials and border guard officials in the independent states of the former Soviet Union, the Baltic states, and other countries of Eastern Europe in preventing unauthorized transfer and transportation of nuclear, biological, and chemical weapons and related materials.”

14 Proliferation: Threat and Response, supra note 3, at 57.

15 A recently concluded agreement also provides assistance under this program to Kazakhstan. See Agreement Between the U.S. Department of Defense and the Ministry of Defense of the Republic of Kazakhstan Concerning Cooperation in the Area of the Prevention of Proliferation of WMD, Nov. 18, 1997, State Dep’t No. 98-5, 1997 WL 813242.

16 Proliferation: Threat and Response, supra note 3, at 57.

17 The National Defense Authorization Act for Fiscal Year 1995, Pub. L. No. 103-337, § 1504(e). Reprogrammed prior year Department of Defense funds were recently made available for this initiative.

18 Pub. L. No. 103-337, § 1504(e)(3)(a).

19 Agreement Between the U.S. Government and the Government of Romania Concerning Cooperation in the Area of Counterproliferation of WMD, and the Promotion of Defense and Military Relations, signed on March 30, 1998 (pending entry into force). Agreement on file with the ASIL.

20 Defense Department Briefing, Federal News Service, Mar. 30, 1998, available in Lexis, News Library, FedNew File.