22 June 1998
Source:
http://www.usia.gov/current/news/latest/98062202.glt.html?/products/washfile/newsitem.shtml
USIS Washington
File
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22 June 1998
(Convention enters into force for U.S. and others) (1530) Washington -- State Department Spokesman James Rubin says that a convention seeking international cooperation in the control and handling of plastic explosives has entered into force -- marking a major step in the campaign to combat international terrorism. Negotiated in the wake of the bombing of Pan Am Flight 103 in December 1988, the convention mandates the use of selected chemical marking agents in the manufacture of plastic explosives to facilitate their detection by commercially available mechanical detectors and canines. To date, 51 nations have signed the convention and 38 have ratified, accepted, approved or acceded to it. The U.S. Senate ratified the convention in 1993. Rubin said that parties to the convention are committed to an international control regime aimed at diminishing and eliminating the availability of very difficult-to-detect explosives -- unmarked plastic explosives -- that have been attractive to terrorists over the years. Rubin added, however, that the convention can do little to impact plastic explosives that may already be in the hands of terrorists. "Action against that threat can only come from advances in explosive detection technologies...better training and procedures for inspectors and security personnel, and international implementation of agreed upgraded security standards for checking baggage and cargo," he said. Rubin also called on all nations -- that have not yet done so -- to become party to this convention and to 10 other antiterrorism conventions, including the newest one, the International Convention for the Suppression of Terrorist Bombings, which opened for signature last January. Following is the text of Rubin's statement: (begin text) US DEPARTMENT OF STATE June 22, 1998 STATEMENT BY JAMES P. RUBIN, SPOKESMAN Plastic Explosives Marking Convention Yesterday, June 21, 1998, marked another major step in the campaign by the United States and many other nations to join together to combat the threat posed by international terrorism. On that date, the Convention on the Marking of Plastic Explosives for the Purpose of Detection entered into force for those nations that have ratified the Convention so far. Negotiated in the wake of the bombing of Pan Am Flight 103 in December 1988, the Convention seeks international cooperation in the control and handling of plastic explosives. It mandates the use of selected chemical marking agents in the manufacture of plastic explosives to facilitate their detection by commercially available mechanical detectors and canines. To date, 51 nations have signed the Convention and 38 have ratified, accepted, approved, or acceded to it. The United States signed the Convention on March 1, 1991 and obtained US Senate advice and consent to ratification on November 20,1993. Following passage of legislation by the US Congress that implements the Convention on April 24, 1996 (contained in the Antiterrorism and Effective Death Penalty Act), the United States deposited its instrument of ratification with the international Civil Aviation Organization in Montreal on April 9, 1997. Anticipating US ratification of the Convention, the US Army, which manufactures nearly 95 percent of the plastic explosives produced by the United States, began marking plastic explosives in the manufacturing phase beginning in 1995. The Department of the Treasury's Bureau of Alcohol, Tobacco and Firearms (ATF) has issued temporary regulations to implement the pertinent provisions of the Antiterrorism and Effective Death Penalty Act of 1996. These regulations address requirements for marking and storing plastic explosives and for transactions involving marked and unmarked plastic explosives. Now that the Convention has entered into force, ATF will re-issue the regulations in final form. This Convention is but one step in a long-range international effort to combat terrorist use of explosives. States Parties to this Convention commit to an international control regime ultimately aimed at diminishing and eliminating the availability of a very difficult-to-detect explosive form (unmarked plastic explosives) that has been attractive to terrorists over the years. This Convention can do little to impact plastic explosives that may already be in the hands of terrorists. Action against that threat can only come from advances in explosive detection technologies (some of which have already been realized), better training and procedures for inspectors and security personnel, and international implementation of agreed upgraded security standards for checking baggage and cargo. The Convention, however, signals the intention of the international community to cooperate in practical ways to begin to address the problem posed specifically by plastic explosives, and by explosives in general. To that end, it should be applauded and joined by all nations that seek to cooperate in combating this threat. The United States calls upon all other nations that have yet to become party to this Convention to do so in order to strengthen even further the international control regime on plastic explosives. We also call for all nations that have not yet done so to become party to the other ten antiterrorism conventions, including the newest one, the International Convention for the Suppression of Terrorist Bombings, which opened for signature last January. Marking Plastic Explosives for the Purpose of Detection -- In the wake of the bombing of Pan Am Flight 103 over Scotland in December 1988, the United States and a number of other nations began a dedicated effort to examine plastic explosives and to identify some means to make such explosives more detectable. -- Working under the auspices of the United Nations, and specifically within the structure of the International Civil Aviation Organization (ICAO), the United States and 40 other member states negotiated and adopted a Convention in March 1991 to address this problem. -- The Convention on the Marking of Plastic Explosives for the Purpose of Detection requires States Parties to mark plastic explosives they manufacture with a chemical agent which can be detected by commercially available vapor/particle trace detectors and canines. Four such chemical agents are identified in the Convention. -- The Convention also requires states to import and export only marked plastic explosives, to ensure that they have effective controls over stockpiles of existing plastic explosives, and requires states to mark, use up, or destroy within 15 years their military stockpiles of unmarked plastic explosives (3 years for stockpiles held by non-military entities). -- Between 1989 and 1995, the United States and many other nations conducted major testing and evaluation programs involving plastic explosives and candidate chemical marking agents to determine which were suitable, compatible and safe for the project at hand. -- After extensive testing by the US Army (which manufactures nearly 95 percent of the plastic explosives produced in this country), the United States has selected 2,3 dimethyl-2,3 dinitrobutane (DMNB) as its marking agent. -- Following hearings before the Senate Foreign Relations Committee on the results of the US testing program and the Convention's requirements, the US Senate provided its advice and consent to ratification for the Convention on November 20, 1993. -- Efforts to bring implementing legislation for the provisions of the Convention before the US Congress for consideration and passage began in 1994 and were finally successful in the 1996 Congressional session. -- The US implementing legislation for the Convention is contained in Title VI of the Antiterrorism and Effective Death Penalty Act. The President signed that legislation on April 24, 1996. The provisions of Title VI took effect in the United States on April 24, 1997. -- The Convention came into force internationally on June 21, 1998 which is 60 days following accession or ratification of the Convention by the 35th state, provided that five ratifying states declare themselves to be producers of plastic explosives. Ghana was the 35th state. -- So far, 38 nations (including some 11 major plastic explosive manufacturing states) have ratified the Convention. -- The 38 nations that have ratified the Convention to date include: Algeria, Bahrain, Cameroon, Canada, Czech Republic, Egypt, Ecuador, Eritrea, Estonia, France, Ghana, Greece, Guatemala, Hungary, Japan, Jordan, Kazakhstan, Kuwait, Lebanon, Lithuania, Malta, Mexico, Monaco, The Netherlands, Norway, Panama, Peru, Republic of Moldova, Saudi Arabia, Slovakia, Spain, Switzerland, Tunisia, Turkey, United Arab Emirates, United Kingdom, United States, and Zambia. -- Eleven states (Canada, Czech Republic, France, Greece, Japan, Norway, Slovakia, Spain, Switzerland, United Kingdom, United States) have declared themselves to be producer states for plastic explosives. International Conventions to Combat Terrorism -- 1998 international Convention for the Suppression of Terrorist Bombing; -- 1991 Montreal Convention on the Marking of Plastic Explosives for the Purposes of Detection; -- 1988 Rome Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation; -- 1988 Rome Protocol for the Suppression of Unlawful Acts Against the Safety of Fixed Platforms on the Continental Shelf; -- 1988 Montreal Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation; -- 1979 New York Convention Against the Taking of Hostages; -- 1979 Vienna Convention on the Physical Protection of Nuclear Materials; -- 1973 New York Convention on the Prevention and Punishment of Crimes Against Internationally Protected Persons; -- 1971 Montreal Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation; -- 1970 The Hague Convention for the Unlawful Seizure of Aircraft; and -- 1963 Tokyo Convention on Offenses and Certain Other Acts Committed On Board Aircraft. 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