Latin America and the Caribbean

For the purposes of this overview, the Latin America and Caribbean region includes the thirty-two states in Central America, South America and the Caribbean. Differences exist within and between these sub-regions in terms of both technological capabilities and nonproliferation and terrorism challenges. The more advanced industries of Brazil and Argentina contain significant dual-use nuclear, biological, and chemical (NBC) materials and know-how that could be stolen or misappropriated, while the less developed countries in Central America, South America and the Caribbean face greater threats from weak domestic institutions and the presence of non-state actors involved in illicit trafficking networks. However, the region is also united by cooperation in regional organizations such as the Organization of American States and the Treaty of Tlatelolco that cut across the North-South divide. Smaller regional groups, including the Central American Integration System and the Caribbean Community, have programs related to regional UNSCR 1540 implementation.

NBC Capabilities and Technological Status

Brazil and Argentina pursued covert nuclear weapons programs in the 1970s and 1980s. Both joined the NPT in the mid-1990s and now abide by several agreements limiting their nuclear activities to peaceful purposes. Both have advanced civil nuclear power programs, including enrichment capabilities. In July 1991, the Brazilian-Argentine Agency for Accounting and Control of Nuclear Materials (ABACC) was established in order to strengthen the management of nuclear materials.[1]

Peru has two nuclear research reactors and plans to construct a power reactor. It does not possess any highly enriched uranium (HEU) or plutonium (Pu). There is currently one operational research reactor in Chile and another in Columbia.[2] In February 2010, as part of its Global Threat Reduction Initiative, the United States removed roughly 13.6 kilograms of HEU spent fuel, 4.3 kilograms of slightly irradiated HEU, 0.3 kilograms of fresh fuel, and more than 400 U.S.-origin radiological sources from various locations in Chile.[3] Venezuela has expressed an interest in nuclear power and signed cooperation agreements with Russia and Iran, but there have been no concrete developments.[4] The research reactor at the University of the West Indies in Jamaica is the only one operating in the Caribbean, and there are no research reactors in Central America.[5] The Central American and Caribbean states have minimal dual-use industrial capabilities, and lack any civil nuclear infrastructure.

There is no evidence that Brazil or Argentina ever embarked on a chemical or biological weapons programs. Although both countries pursued missile programs in the 1980s, these programs were scrapped in the early 1990s.[6] Cuba has a significant bio-industry, giving it some biological dual-use capabilities.

Internal Security and Terrorist Threats

Although many countries in the region are plagued with criminal activity and suspected terrorist presence within their borders, some have been reluctant to adopt specific antiterrorism legislation due to difficulty in defining terrorism in a way that does not implicate political activities taken against past military regimes.[7]

Colombia cooperates with the United States in counterterrorism initiatives, but terrorist groups still operate within the country. In March 2008, the Revolutionary Armed Forces of Colombia (FARC) attempted to buy uranium. While the material in question turned out to be depleted uranium, the incident raises concerns that a professional terrorist organization with significant smuggling experience in the region might become active in the trafficking of nuclear materials.[8] The FARC have reportedly taken refuge, purchased arms, and recruited members in the northern areas of Ecuador and Peru, and limited amounts of arms and ammunitions from Venezuelan stockpiles have found their way to Colombian terrorist groups. Another organization of concern, the Shining Path, a Peruvian rebel group, has lost some of the stature it enjoyed in the 1980s and 1990s.

The Tri-Border Area (TBA) is the rural convergence of three South American countries near the cities of Puerto Igauzu (Argentina), Foz do Iguazu (Brazil), and Ciudad del Este (Paraguay). This region serves as a haven for arms smuggling, money laundering, illicit trafficking, and fundraising for extremist organizations - including the Islamist terrorist group, Hezbollah.[9] In 2002, at the invitation of these countries, the United States joined in forming the "3+1 Group on Tri-border Area Security," created to enhance the capabilities of South American states to combat cross-border crime and thwart potential terrorist fundraising opportunities.[10] In 2007, the group established a Joint Intelligence Center to combat trans-border criminal organizations in the TBA.[11] Despite the group's formation, the difficulties of law enforcement in the Tri-Border Region area remain a regional security concern. According to an assessment by the U.S. Congressional Research Service, for example, Brazil falls short in its efforts to fight terrorism.[12]

Relatively weak border controls could make it easier for terrorists to operate in Central America. The 2006 Central America-4 (CA-4) Border Control Agreement between El Salvador, Guatemala, Honduras, and Nicaragua allows individuals to transit among these states without going through additional checkpoints or border security. The Panama Canal represents another potential security concern because of its importance in shipping goods, and its vulnerabilities to terrorist attacks.

Illicit Trafficking

While very few states in Latin America and the Caribbean possess capabilities of direct proliferation concern, the existence of well-established human and drug trafficking networks, as well as a high volume of container-based trade, could be exploited to move NBC-related materials.

In South America, Brazil's Santos is one of the world's busiest ports. Approximately 2.99 million twenty-foot equivalent units (TEUs) of container traffic arrived at or departed from Santos in 2011.[13] Brazil is a transshipment point for narcotics and weapons smuggling, and could be exploited to facilitate WMD proliferation. Chilean authorities are also monitoring links between Chile's Iquique Free Zone, which is one of the largest duty-free commercial port centers of South America, and the Tri-Border Area (Argentina, Brazil, and Paraguay). Trade links between those two areas are increasing, which could provide opportunities for illicit activities.

Several states in Central America and the Caribbean serve as transshipment points for narcotics and other illicit trafficking, which could be utilized for WMD proliferation activities. The two large ports on either side of the Panama Canal handle a high volume of container traffic, 6.60 million TEUs in 2011.[14] It is important to stress that trafficking routes are dynamic. In the 1970s and 1980s the Caribbean was the primary route for drugs from the Andean region (Colombia, Peru, and Bolivia), destined for the United States. Adjusted strategies and interdiction successes have shifted the primary trafficking route to Central America.[15] Also of concern are the several states in Central America and the Caribbean utilized as offshore financial centers for money laundering, raising the prospect of financing for activities related to NBC-related proliferation or terrorism. According to the 2010 edition of the Anti-Money Laundering Atlas, Costa Rica, Cuba, Honduras and Nicaragua pose rising risks in the global fight against money laundering and related security threats.[16]

International Treaties and Agreements

States in the region adhere to all the major international nonproliferation treaties and agreements. All states in the region are parties to the NPT, BTWC and CWC. Furthermore, all states in the region are members of the Treaty for the Prohibition of Nuclear Weapons in Latin America and the Caribbean (Treaty of Tlatelolco), which prohibits the development, placement, transit, and testing of nuclear devices on the territories of the Latin American and Caribbean states. All five countries with civilian nuclear facilities (Brazil, Chile, Colombia, Peru, and Venezuela) have ratified the CPPNM. As of August 2012, Cuba, the Dominican Republic, El Salvador, Mexico, Nicaragua, Panama, Paraguay, and Peru are among the 54 state parties to the Nuclear Terrorism Convention.

1540 Implementation

When UNSCR 1540 was adopted, Argentina, Brazil, and Chile had already taken significant steps to prevent the proliferation of NBC-related materials. UNSCR 1540-related activities of other countries in the region vary. It took substantial time for the Caribbean states to submit UNSCR 1540 reports.[17] Given the small size of these states and the need to address more pressing socio-economic problems, their governments have few resources to allocate to nonproliferation efforts. Despite such socio-economic and political challenges, only Saint Lucia and Haiti have neglected to submit national reports to the 1540 Committee.[18] They have, however, provided some information for the 1540 Matrix. Within the region, the Bahamas, Belize, Bolivia, Colombia, Ecuador, Guatemala and Jamaica have requested financial and technical assistance through the 1540 Committee's matching mechanism.[19] Recently, two sub-regional organizations, the Caribbean Community (CARICOM) and the Central American System for Integration (SICA), have advanced sub-regional approaches to 1540 implementation that tailor assistance to bolster other security and development priorities beyond combatting NBC proliferation.

Export Controls and Related Measures

The clear regional leaders on export controls and related measures are Argentina and Brazil. Argentina is a member of the Nuclear Suppliers Group (NSG), the Zangger Committee (ZAC), the Australia Group (AG), the Wassenaar Arrangement (WA), and the Missile Technology Control Regime (MTCR). The criteria and lists devolving from these organizational obligations have all been incorporated into national legislation (1992 Decree Number 603).[20] The National Commission for the Control of Sensitive Exports and Military Material, created by this piece of legislation, provides for an interagency process including the Ministries of Foreign Affairs, International Trade, Defense, Economic Affairs and Production, and the General Customs Directorate.[21] The National Commission has also adopted a catch-all principle that allows Argentina to deny exports it believes pose a proliferation risk. Also of note is Argentina's use of its chairmanship of both the WA (September 2003- October 2004) and the MTCR (September 2003 - December 2004) at the time of UNSCR 1540 adoption to promote its full implementation. In Brazil, the General Coordination Office for Sensitive Materials within the Ministry of Science and Technology is responsible for controlling the import, export and re-export of sensitive goods. National lists are updated in accordance with NSG and MTCR guidelines.[22]

Export controls and related measures in the Central America and Caribbean sub-regions are comparatively underdeveloped. Numerous countries in both regions have participated in both the Proliferation Security Initiative (PSI) and the Container Security Initiative (CSI). Participation in these U.S. initiatives addresses obligations devolving from operative paragraphs 3c and 10 of UNSCR 1540, and provides indirect capacity-building opportunities related to implementation of appropriate and effective export and border controls. In Central America, Belize, El Salvador, Honduras, and Panama participate in PSI.[23] Ports in Panama and Honduras are part of the U.S. Customs and Border Protection CSI.[24] The small Caribbean states of Antigua and Barbuda, the Bahamas, Dominica, the Dominican Republic, St. Lucia, and St. Vincent and the Grenadines are listed as PSI participants.[25] Ports in the Bahamas, Dominican Republic, and Jamaica participate in CSI.[26]

Regional Outreach

Outreach both within the Latin America and the Caribbean region and from outside states and international organizations has been instrumental for implementation of UNSCR 1540. In June 2005, Argentina and Spain organized the first regional seminar specifically addressing the fundamental issue of report preparation in Central America and the Caribbean.[27] A second seminar, organized by Argentina and the United Kingdom in September 2005, provided the first opportunity for the 1540 Committee to make contact with representatives from an entire region.[28] Between 2006 and 2008, the United Nations Office of Disarmament Affairs (UNODA) hosted three seminars on regional implementation of 1540 in Peru (November 2006), Jamaica (May 2007), and Brazil (November 2008).[29]

The United States provides assistance to Latin American countries for strengthening their counterterrorism capabilities through programs such as the State Department's Anti-Terrorism Assistance (ATA) program, the Export Control and Related Border Security (EXBS) program, the Counterterrorism Financing (CTF) program, and the Terrorist Interdiction Program (TIP).[30] The EXBS program helps recipient countries develop export and border control systems. EXBS currently provides assistance to Argentina, Brazil, Chile, and Panama.[31] The Department of Energy Megaports Initiative actively deploys and monitors radiation detection equipment to detect and interdict illicit trafficking in nuclear and radioactive materials in regional CSI ports.[32]

In February 2010, representatives from Argentina, Brazil, Canada, Chile, Mexico, Panama, the Dominican Republic, the United States, and the International Civil Aviation Organization met in Mexico City to draft and sign the Joint Declaration of Aviation Security. The declaration is an international framework that strengthens information sharing between countries, and shares best practices in areas such as threat detection, passenger screening, and baggage screening.[33]

Beginning in 2007, the IAEA established a regional nuclear security assistance program to increase the awareness and capacity of countries in the region for the prevention, detection and response to malicious acts involving nuclear and other radioactive materials or facilities. Countries involved in the IAEA program include Argentina, Belize, Bolivia, Brazil, Chile, Colombia, Costa Rica, Cuba, the Dominican Republic, Ecuador, El Salvador, Guatemala, Haiti, Honduras, Jamaica, Mexico, Nicaragua, Panama, Paraguay, Peru, Uruguay, and Venezuela.[34] As a part of the program, in 2009 the IAEA undertook a technical cooperation project to build human resource capacity for developing a sustainable nuclear security infrastructure. Training in this area included prevention and response to illicit trafficking and nuclear threats; safety and security of radiation sources; security of nuclear and radioactive materials; and physical protection of nuclear facilities.[35]

In February 2009, the IAEA organized a regional seminar for 25 Caribbean and Latin American countries; the seminar underscored the indispensable role of UNSCR 1540 in international nuclear security, and encouraged all participants to comply with their UNSCR 1540 obligations.[36] Since then a number of workshops have been held to assist states in implementing the resolution. By focusing on issues such as emergency management and disaster response, port/maritime security, and illicit trafficking, implementation of UNSCR 1540 benefits more citizens, and increases the likelihood of sustained cooperation by Caribbean states.[37]

Regional Organizational Work on 1540

The Organization of American States (OAS) has an important role to play in the implementation of UNSCR 1540. The OAS created the Inter-American Committee against Terrorism (CICTE) in 1999 to facilitate cooperation on terrorism issues and disrupt terrorist funding mechanisms.[38] The CICTE already addresses many issues related to Resolution 1540. Following the September 11, 2001 attacks in the United States, OAS approved the resolution "Strengthening Hemispheric Cooperation to Prevent, Combat, and Eliminate Terrorism."[39] The CICTE has provided over $5 million in aid for counterterrorism and capacity-building assistance in the region. It advises the 15 OAS member states on how to meet their obligations under UN Resolution 1373 on denying support for terrorists, and the 13 international conventions on terrorism. In 2010, CICTE experts trained more than 3,500 employees and conducted more than 100 assistance projects. The CICTE Secretariat has supported activities related to the implementation of Resolution 1540. The secretariat, together with the UNODA and the 1540 Committee, implemented a pilot project to define specific needs and challenges related to physical protection and control of chemical, biological, radiological and nuclear (CBRN) material, and to customize training to improve preventive efforts.[40] The pilot project operated its first phase in Mexico and Colombia.[41] In 2012, CICTE conducted port security, air cargo interdiction, and aviation security training courses in Barbados, Mexico, Colombia, El Salvador, Costa Rica, the Bahamas, St. Kitts and Nevis, and Trinidad and Tobago, in order to strengthen these countries' capacities to combat WMD terrorism.[42]

In July 2003, following an assessment of security threats facing the Caribbean, CARICOM states established the CARICOM Ministerial Subcommittee on Resource Mobilization for Crime and Security. In June 2008, the CARICOM Caucus of Ambassadors proposed a regional approach to the implementation of the Resolution. The CARICOM-UNSCR 1540 Implementation Programme provides a number of services including the training and resources necessary to detect, identify, and prevent transfers that violate export control laws and regulations.[43] In July 2011, a UNSCR 1540 Coordinator for the Central American Integration System (SICA) was installed. This effort was funded by the Canadian government. The objective of the SICA coordinator was to help sub-regional organizations to integrate UNSCR 1540 implementation with their border security enforcement.[44] In 2012, CARICOM and SICA actively pursued regional approaches to the UNSCR 1540 implementation process. With assistance from the UNSCR 1540 Committee, CARICOM developed a Reference Legal Framework (RLF), which can assist regional countries in building institutional controls to combat the potential illicit transfer of WMD-related materials.[45]

Regional Progress and Challenges

In a region still struggling with issues of drug smuggling, organized crime, and corruption, the implementation of UNSCR 1540 has often taken a subordinate role to other more pressing concerns. However, in recent years leaders in the region have begun to recognize that full implementation of UNSCR 1540 would likely have positive spillover effects on the capacity of their domestic systems to deal with problems related to pressing issues such as securing borders and enforcing anti-smuggling laws. Regional organizations have also recognized this approach and have linked the implementation of UNSCR 1540 with overall capacity building aimed at increasing development. As noted in a recent report by the Stimson Center, this region in particular should take a "'whole of society' approach to bridging the security/development divide that would leverage donor investments in both security and development assistance, so as to ensure recipient state buy-in and an enduring return on investment."[46]

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