Proliferation Security Initiative (PSI)
Combating Illicit WMD Trafficking
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The Proliferation Security Initiative (PSI)
is a US-led political initiative that seeks to increase cooperation
among an informal grouping of member states (the initial members
were: Australia, France, Germany, Italy, Japan, The Netherlands,
Poland, Portugal, Spain, United Kingdom and United States)
to curtail trafficking of weapons of mass destruction (WMD)
on the seas, in the air and on the ground. This web section
provides background information on the PSI as well as updates
on BASIC's research project.
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Contents
BASIC PSI Project Objectives
With
funding from the Economic and Social Research Council BASIC is tracking
and analysing implementation of the PSI, and is also researching
the implications for international law and international security.
The focus is on interdiction of maritime shipping, but will also
cover other forms of interdiction (in the air and on the ground).
The aim of the project is to form a comprehensive
picture of the PSI and how it relates to arms control, international
security and international law, especially the framework of current
international disarmament organisations (for example the International
Atomic Energy Agency) as well as comparably new organisations and
loose coalitions, such as the Missile Technology Control Regime,
the Port Security Initiative and the Container Security Initiative.
BASIC is seeking to fill several 'knowledge gaps'
on the PSI, including:
a. Jurisdiction issues on the High Seas, including the nature
and scope of rights of third states to carry out interdictions
as a result of bilateral boarding agreements.
b. Whether new measures can be introduced to place the legal
responsibility on flag states, shippers and masters to ensure
that their cargoes are WMD-free.
c. The inter-relationship between the myriad of maritime counter-terrorism
and counter-proliferation initiatives, e.g. do all of these initiatives
(SUA Convention, the PSI, the Container Security Initiative, the
Port Security Initiative etc) add up to a coherent whole?
d. How to improve the regulation of 'flags of convenience' vessels.
We anticipate that the project activities will lead to the development
of, or strengthened support for:
a. Multilateral and international law-based approaches to curtailing
the proliferation of WMD arms, materials and delivery systems;
b. New thinking on measures to curb loopholes surrounding 'flags
of convenience' (FOC);
c. Strengthened governmental and non-governmental channels for
bi-lateral, regional, inter-regional dialogue on 'best practice'
in combating and preventing illicit trafficking in WMD materials;
and
d. Practical policy recommendations for enhancing the PSI and
other nonproliferation enforcement mechanisms of the transatlantic
community.
Finally, the research will also illuminate the transatlantic relationship,
and develop policy proposals that are likely to strengthen and enhance
that relationship.
For further details, please contact BASIC's Director, Dr Ian Davis
BASIC Publications on the PSI
- Transcript of a roundtable discussion
organized by BASIC, at the Carnegie Endowment for International
Peace, Washington D.C, 25 September 2006
- Present at the Creation:
U.S. Perspectives on the Origins and Future Direction of the Proliferation
Security Initiative, by Ian Davis, David Isenberg and Katherine
Miller, BASIC Paper No. 54, February 2007. Also available as a
pdf file at: www.basicint.org/pubs/Papers/BP54.pdf.
- The Proliferation Security
Initiative: Targeting Iran and North Korea?, by Richard Bond,
BASIC Paper No. 53, January 2007. Also available as a pdf file
at: www.basicint.org/pubs/Papers/BP53.pdf.
- The Proliferation Security
Initiative: Three Years On, by Richard Bond, BASIC Notes,
2 August 2006
- The Proliferation Security
Initiative: Towards a New Anti-Proliferation Consensus? by
Fabrice Pothier, BASIC Notes, 18 November 2004
- Sailing Into Uncharted
Waters? The Proliferation Security Initiative and the Law of the
Sea, by Andreas Persbo and Ian Davis, BASIC Research Report
2004.2, June 2004;
- The Proliferation Security
Initiative: Dead in the water or steaming ahead?, BASIC Notes,
12 December 2003; and
- Interdiction Under the
Proliferation Security Initiative: Counter-Proliferation or Counter-Productive?
BASIC Briefing, 6 October 2003
What is the Proliferation Security Initiative?
The
US led Proliferation Security Initiative (PSI) forms one strand
of the 2002 US National Strategy to combat WMD proliferation, which
called for a comprehensive approach to counter the threat of WMD
reaching the hands of terrorists. Frustrated efforts to prevent
the delivery of a shipment of North Korean SCUD missiles to the
Yemen in December 2002, added further impetus to the PSI launch.
President Bush formally announced the initiative on 31 May 2003,
in Krakow, Poland. The PSI is an activity, not an organization.
PSI objectives
The PSI seeks to create a web of counter proliferation partnerships
through which to combat and prevent 'states and non state actors
of proliferation concern' from carrying out their WMD and missile
related technology trade. The military objective of PSI is to interdict
WMD, or WMD related shipments, between source countries, terrorist
organizations and state recipients on land, in the air and on the
high seas.
PSI participants
Australia, France, Germany, Italy, Japan, The Netherlands, Poland,
Portugal, Spain, the UK and the US form the eleven original participants.
Canada, Denmark, Norway Singapore and Turkey all joined in January
2004. The entry of the Russian Federation, in June 2004 brought
'membership' to its current 17. A 'core group' of participating
states took an active role in creating the statement
of interdiction principles and other activities. The group consisted
of the eleven founding members, plus Singapore, Russia and others
that joined later. The 'core group' has now been disbanded, all
members share equal input opportunities. More than 70 states have
expressed support for the PSI, with Argentina, Iraq and Georgia
the latest to do so. A number of non-participants, such as Pakistan,
have joined PSI exercises as observers.
The PSI and International law
Over 100,000 registered merchant vessels participate in international
trade. All of these vessels must bear the flag of a Nation-State.
All PSI participants, except Turkey, have signed and ratified The
United Nations Convention on the Law of the Sea (UNCLOS), which
allows each state criminal and civil jurisdiction over ships flying
its own flag. In most cases, interdiction would be legal only when
carried out by, or with the permission of, the target ships own
flag state. The majority of PSI operations on the high seas are
likely to be undertaken by states other than the flag state. Therefore,
further development of international maritime law may be necessary
to ensure swift and efficient interdiction. The PSI could represent
the embryonic beginnings of an action, which may grow into an effective
multilateral regime. For the time being, the contemplated PSI parameters
are constrained by international law.
A comprehensive analysis of the relationship between PSI and the
Law of the Sea can be found in Sailing
Into Uncharted Waters? The Proliferation Security Initiative and
the Law of the Sea.
Diplomatic Developments
The statement of interdiction
principles
The
PSI statement of interdiction principles serves as the blueprint
for PSI activities.
It identifies concrete steps to facilitate effective WMD shipment
interdiction. The statement encourages PSI States to adopt streamlined
intelligence sharing procedures and to strengthen international
legal authorities to fulfill their interdiction commitments. The
eleven original participants adopted the statement at the Paris
meeting, September 2003. The full statement can be found at: http://www.state.gov/t/np/rls/fs/23764.htm
Operational experts meetings
Beginning in Brisbane, Australia, in July 2003, the PSI states
have completed 13 'operational experts meetings' to date. Details
can be found at: http://www.state.gov/t/np/c12684.htm.
The next scheduled meeting will be held in Singapore in July 2006.
Boarding agreements with flag states
Boarding agreements have been achieved on a bilateral basis only.
An agreement between the US and Liberia, the second-largest flag
state, was reached in February 2004., An agreement with Panama,
the world’s leading flag state, was signed in May 2004. Together
these two flag states cover 20% of world merchant shipping, which
means the US may now legally board 2 out of ten merchant vessels.
The US has reached agreements with other flag states, including
the Marshall Islands, Croatia, Belize and Cyprus. Details can be
found at: http://www.state.gov/t/np/c12386.htm.
The UK in particular, has expressed an interest in ‘piggybacking’
on US bilateral arrangements, but no concrete developments to this
end have occurred as yet.
Military Developments
Joint interdiction exercises:
Beginning
with the Australian led maritime interdiction exercise PACIFIC PROTECTOR
in September 2003, PSI states have completed 23 maritime, air, ground
and command post interdiction exercises to date, taking turns to
lead. A list of exercises can be found at: http://www.state.gov/t/np/c12684.htm.
Two further exercises are scheduled for 2006 with Poland and the
United States the designated leaders.
Operational Successes
In November 2003, John Bolton, the then US Under Secretary of
State for Non-Proliferation and International Security, publicly
acknowledged that some interdictions have taken place. However,
operational details, including intelligence sharing procedures,
are rarely publicized for security reasons. However, US Administration
officials have stated that between April 2005 and April 2006, approximately
two-dozen successful interdictions took place. Specifically, it
is claimed that co-operation has prevented the export of dual-use
goods to Iran's missile programme and heavy water-related equipment
destined for its nuclear programme.
External Perspectives
The PSI has been highly successful in securing the
participation of numerous key Western states. Most major NATO states
are in, plus Russia. Yet a number of key maritime or strategic states
remain outside, citing unique concerns and reservations. These include:
China
China’s location, unique leverage with the DPRK and burgeoning
military capabilities makes its participation highly desirable.
Yet this remains unlikely anytime soon.
China's official response to the PSI is reflected in remarks by
Foreign ministry officials. Zhang Yan, director-general of the Department
of Arms Control and Disarmament within the Chinese Ministry of Foreign
Affairs, recently reiterated China's reluctance to join the PSI,
citing concerns about the legality of interdictions.
The following statement, given by a foreign ministry official
at a press conference in December 2004, clarifies the Chinese position:.
‘China understands the concerns of the PSI participating
countries over the proliferation of WMD and their delivery systems.
However, there are also many concerns in the international community
about the legitimacy and effectiveness of PSI interdictions and
consequences that may arise therefrom. The PSI participants should
take this into serious consideration. China consistently holds the
view that proliferation issues should be resolved within the international
legal frameworks by political and diplomatic means, and that any
non proliferation measures to be taken should serve to promote international
and regional peace, security and stability.
China has met one of the goals of PSI, by joining in the Container
Security Initiative in July 2003. It has allowed for pre-screening
of containers destined for the United States from the ports of Shenzhen
and Shanghai.
India
India's location, size and growing economic and strategic strength
make its participation desirable. But India's response towards the
PSI has been, until recently, ambiguous. This was partly influenced
by the initial Russian opposition. To India's surprise, Moscow joined
the PSI a year later, after the Kremlin's concerns on the legality
of the PSI were addressed.
India has voiced concerns about the 'two-tiered structure' of the
PSI that seems, in the Indian view, to differentiate between the
core group and other members. US Under Secretary of State for Non-Proliferation
and International Security, Robert Joseph, sought to allay Indian
concerns. Speaking recently at a seminar in India on 'South East
Asia's role in Non-Proliferation,' he said:
The core group was never conceived as an exclusive club. Its
objective was to layout the basic terms of the initiative and
open up the membership to others.
Joseph also sought to allay Indian concerns. He suggested, that
having defined the basic principles of interdiction, the maintenance
of the 'core group' was no longer necessary. He went on to say:
The PSI must focus on activity, rather than on creating organizational
structures. The PSI is not a treaty but a cooperative arrangement
to counter trafficking in WMD material and equipment
Despite efforts being made to smooth the way for its inclusion,
India has not joined the PSI as yet.
Other strategically located states
Other key states still outside the PSI include:
- Egypt (important for its control of the Suez canal);
- Saudi Arabia (for its Red Sea and Persian Gulf coasts); and
- Indonesia and Malaysia (for the straits of Malacca).
Little or no official PSI related statements from these States
have been recorded. It is likely that they will be high priorities
for inclusion.
*In June 2006, it was reported that the Indonesian government is
preparing to join the PSI, although this has yet to be confirmed.
The Future of PSI
In
line with the statement of interdiction principles, the PSI seeks
to include more participants, strengthen related international law
and streamline intelligence sharing procedures. The major challenge
for PSI states is to balance their vital security concerns with
often-complex domestic and international legal considerations.
In Sailing Into Uncharted
Waters? The Proliferation Security Initiative and the Law of the
Sea, BASIC suggested a number of recommendations for strengthening
the PSI. These include:
- Continuing to expand PSI 'membership' through regional outreach
activities;
- Focusing on specific nuclear, biological or chemical technologies;
- Considering enlarging the scope to include other illicit trafficking
acitivities;
- Seeking a wider mandate for interdiction through new multilateral
negotiations and agreements;
- Working with the International Maritime Organisation (IMO) to
further develop the PSI;
- Placing the burden of proof on flag states, shippers and masters
to ensure WMD free cargoes;
- Undertaking a feasibility study for the development of an international
maritime tracking system with global coverage;
- Promoting technical cooperation and assistance;
- Considering establishing a UN interdiction committee;
- Negotiating towards a common position on 'states of concern';
- Increasing the visibility of national contributions to PSI activities
and enhanced parliamentary oversight; and
- Expanding bilateral and multilateral boarding agreements.
Selected Links
US State Department
UK Foreign office
Australian Department of Foreign affairs and trade
Canadian Department of national defence and the Canadian forces
website
Polish Ministry of Foreign Affairs
- Overview of the PSI including a report on the High Level Political
Meeting (HLPM) in Warsaw, Poland, which took place on 23 June
2006: http://www.psi.msz.gov.pl.
The PSI in the media
Other PSI related links
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