PERMANENT COUNCIL of the OEA/Ser.G s18

PERMANENT COUNCIL OF THE OEA/Ser.G ORGANIZATION OF AMERICAN STATES CP/CSH-1738/16 10 May 2016 COMMITTEE ON HEMISPHERIC SECURITY Original: Spanish

OBSERVATIONS AND RECOMMENDATIONS OF THE MEMBER STATES ON THE ANNUAL REPORT OF THE INTER-AMERICAN COMMITTEE AGAINST TERRORISM (CICTE) TO THE FORTY-SIXTH REGULAR SESSION OF THE GENERAL ASSEMBLY (CP/doc.5177/16)

(The Inter-American Committee against Terrorism presented its Annual Report to the CSH on May 5, 2016) OBSERVATIONS AND RECOMMENDATIONS OF THE MEMBER STATES ON THE ANNUAL REPORT OF THE INTER-AMERICAN COMMITTEE AGAINST TERRORISM (CICTE) TO THE FORTY-SIXTH REGULAR SESSION OF THE GENERAL ASSEMBLY1/ (CP/doc.5177/16)

(The Inter-American Committee against Terrorism presented its Annual Report to the CSH on May 5, 2016)

I. INTRODUCTION

Pursuant to Article 91(f) of the Charter of the Organization, the Permanent Council shall:

“Consider the reports of the Inter-American Council for Integral Development, of the Inter- American Juridical Committee, of the InterAmerican Commission on Human Rights, of the General Secretariat, of specialized agencies and conferences, and of other bodies and agencies, and present to the General Assembly any observations and recommendations it deems necessary.”

Accordingly, in keeping with Article 91(f) of the Charter, the Permanent Council decided in the document “Distribution of Mandates Assigned by the General Assembly at Its Forty-fifth Regular Session and Other Previous Sessions” (Approved by the Permanent Council at the regular meeting held on August 5, 2015) (CP/doc.5141/15 rev. 1) to entrust the Committee on Hemispheric Security (CSH) with the preparation of observations and recommendations of member states on the annual reports of the following organs, agencies, and entities of the Organization (Article 91.f of the OAS Charter):

a. Inter-American Defense Board (IADB) b. Inter-American Committee against Terrorism (CICTE) c. Inter-American Drug Abuse Control Commission (CICAD)

For those purposes, the texts of the above three annual reports must be submitted for publication and distribution as Permanent Council documents; then, their consideration by the member states must be programmed at a formal meeting of the CSH, after which the CSH Secretariat drafts a report summarizing the observations and recommendations of the member states on the annual reports; finally, the observations and recommendations of the member states on the annual reports of the organs, agencies, and entities of the Organization are presented to the relevant regular session of the General Assembly for the consideration.

The CICTE Chair and Permanent Representative of Chile to the OAS, Ambassador Juan Pablo Lira Bianchi, submitted the Annual Report of the CICTE to the Chair of the Permanent Council in a communication dated March 15, 2016, and the document was published and distributed on March 23. The CSH, chaired by the Permanent Representative of Ecuador to the OAS, Ambassador Marco Vinicio Albuja Martínez, met on May 5, 2016, to receive the presentation of the Annual Report of the Inter-American Committee against Terrorism (CICTE), document CP/doc.5177/16. Representing the 1. Prepared by the Secretariat of the Committee on Hemispheric Security. 2

CICTE were its Chair, the Permanent Representative of Chile to the OAS, Ambassador Juan Pablo Lira Bianchi, and its Executive Secretary, Mr. Alfred Schandlbauer; present in the room were the delegations of Argentina, Barbados, Bolivia, Brazil, Canada, Chile, Colombia, Costa Rica, Dominican Republic, Ecuador, El Salvador, Guatemala, Haiti, Honduras, Jamaica, Mexico, Nicaragua, Panama, Paraguay, Peru, Saint Vincent and the Grenadines, United States, Uruguay, and Venezuela.

II. REMARKS BY THE CHAIR OF THE CSH, AMBASSADOR MARCO VINICIO ALBUJA MARTÍNEZ, PERMANENT REPRESENTATIVE OF ECUADOR TO THE OAS

Upon initiating consideration of the item, the Chair of the CSH welcomed the Chair of the CICTE and Permanent Representative of Chile to the OAS, Ambassador Juan Pablo Lira Bianchi. He also underscored the work of the CICTE, a specialized body with the extremely delicate task of analyzing, discussing, and implementing mechanisms and programs to prevent the countries, inhabitants, and institutions of the Americas from being victims of terrorist attacks. The Chair of the CSH also congratulated Ambassador Lira and Chile on his excellent stewardship as Chair of the CICTE, and commended the Executive Secretariat of the CICTE for the advisory services and specialized technical assistance that it provides to the countries on such matters.

Following the presentation of the Annual Report of the CICTE, the Chair of the CSH offered the floor to the delegations to make observations and invited them to submit them in writing to the Secretariat in a timely manner if they wished them to be published verbatim. Having concluded consideration of the topic, the Chair of the CSH obtained the meeting’s assent to submit the Annual Report of the CICTE to the forty-sixth regular session of the OAS General Assembly and to transmit, through the Permanent Council, a summary report for that body’s consideration containing the observations and recommendations advanced by member states.

III. PRESENTATION OF THE REPORT BY THE CHAIR OF CICTE AND PERMANENT REPRESENTATIVE OF CHILE TO THE OAS, AMBASSADOR JUAN PABLO LIRA BIANCHI

Distinguished Ambassadors and Delegates:

Ambassador Albuja, thank you very much for the opportunity to address the meeting. Good morning to you all.

I am grateful of this opportunity to submit to this regular meeting of the Committee on Hemispheric Security the ANNUAL REPORT OF THE INTER-AMERICAN COMMITTEE AGAINST TERRORISM (CICTE) TO THE FORTY-SIXTH REGULAR SESSION OF THE GENERAL ASSEMBLY, which is contained in document CP/doc.5177/16 of March 23, 2016, and comprises 67 pages.

It is worth mentioning that the Executive Secretary of CICTE, Alfred Schandlbauer, has kindly given up his time to enable the Chair of the CICTE to refer to the report.

Therefore, I am pleased to present the Annual Report and to summarize the successful results yielded by the Executive Secretariat’s implementation of the programs contained in 3

the CICTE Work Plan, which the member states adopted by consensus, in keeping with the guidelines and mandates issued by you, the member states, for better implementing the Inter- American Convention against Terrorism.

The purpose of the Inter-American Convention against Terrorism is to prevent, punish, and eliminate terrorism. The states party undertook to adopt the necessary measures to that end and to strengthen cooperation among themselves.

The CICTE Work Plan covers 14 programs grouped into five areas that target capacity building, providing technical assistance, and promoting cooperation among member states, with international and regional organizations, and with the United Nations system, to support efforts by OAS member states to prevent, punish, and eliminate terrorism.

The 59 events that were held in member states by the CICTE Secretariat, enabling the training and professionalization of 3,687 officials in the region with the support of specific funds, are clear evidence of the success of the member states and their representatives in accomplishing the objectives set.

The programs, which are designed to improve implementation of the Inter-American Convention against Terrorism and the mandates of the General Assembly and this committee, include the necessary controls for protecting airports and maritime installations and detecting fraudulent documents; enhancing security for critical infrastructure, tourism, major public events, and cyber networks; preparedness against emerging threats, such as proliferation of nuclear, biological, chemical, and radiological (NBCR) materials; implementation of United Nations Security Council 1540; and assistance in drafting legislation to prevent terrorism financing.

In presenting the Annual Report of CICTE, I would like to take the opportunity to summarize the main activities and achievements of the Committee and its Secretariat over the past year.

BORDER CONTROL

Airport Security Program

The Aviation Security Program aims at building the capacity of Member States to comply with the standards and recommended practices established by the International Civil Aviation Organization (ICAO) with respect to safeguarding international civil aviation and its facilities, to prevent and combat potential acts of terrorism as well as others of unlawful interference. In 2015, CICTE trained 91 aviation and border security officials in the region on insider threats and risk management, passenger interdiction, and conducting inspections and audits .

Maritime security

In 2015, CICTE trained 35 customs and navy officers in charge of cargo vessel security and container control. More important, the CICTE Secretariat developed two projects and obtained backing and financing from specific funds for a total of US$ 1,640,000 to carry them out over the course of the 2016-2019 term, the purpose being to support efforts by member states to enhance implementation of the International Ship and Port Facility Security (ISPS) Code by means of port needs assessments, training to mitigate any vulnerabilities found, and capacity building to prevent 4

and mitigate threats to maritime and port infrastructure, particularly in Central America and the Caribbean.

Document Security and Fraud Prevention

The program carried out six training activities for approximately 200 immigration, customs, and law enforcement officials. The CICTE Secretariat also secured specific funds to provide technical assistance in 2016 with the aim of addressing specific needs identified in certain member states related to border control and security as well as to migrants in Central America. It also obtained additional funding commitments for a second phase to be carried out in 2017.

Customs and Immigration Control

Likewise, the CICTE Secretariat planned and obtained specific fund support and financing for a total of US$ 580,000 for the next stage of the program, to be executed in the 2016-2018 term. In response to priorities identified by member states, the program will focus on specialized training in the area container and cargo ship security, with a focus on risk assessment and inspection techniques for containerized goods and the infrastructure of the ships that carry them.

Following the adoption of Executive Order 16-01 by the General Secretariat on January 25, 2016, the Border Control Section will be transferred under the supervision of the new Department against Transnational Organized Crime, which is in the process of being established.

LEGISLATIVE ASSISTANCE AND COMBATING TERRORISM FINANCING

In this area, the CICTE Secretariat has facilitated exchanges of experience, information, and best practices by small island states of the Caribbean with small island states of the Pacific for dealing with common challenges. It has also provided assistance to member states to enable them to exchange best practices in minimizing the risks of abuse of free trade zones in the Americas. There were four training workshops held, in which 101 officials took part.

It is worth mentioning that under General Secretariat Executive Order 16-01 of January 25, 2016, this section is to be dissolved and its program located elsewhere in the Secretariat.

Implementation of United Nations Security Council Resolution 1540

Assistance for drafting legislation was provided to Mexico, with studies completed on Mexican legislation governing export controls, the ban on proliferation, and the criminalization of related offenses. In addition, a draft law on Freezing of Assets for Financing Weapons of Mass Destruction was introduced. Furthermore, the CICTE Secretariat planned and developed a Resolution 1540 implementation model that includes technical assistance in drafting national action plans, review and strengthening of legal frameworks, exchanges of best practices through the use of a “peer review” methodology, and facilitating coordination to identify areas for regional and subregional cooperation. The resounding success of this program has been underpinned by the express interest of numerous member states in receiving technical assistance for implementing Resolution 1540 and by the fact that the CICTE Secretariat has managed to obtain specific funds to support that 5

implementation in Chile, Colombia, Costa Rica, El Salvador, Honduras, Guatemala, Mexico, Panama, Paraguay, and Uruguay for a total of US$1,650,000 for the 2016-2017 term.

Under the aforementioned Executive Order, the same fate awaits this section as those mentioned above.

PROTECTION OF CRITICAL INFRASTRUCTURE

Cybersecurity

The CICTE Secretariat continued to support the Hemispheric Network of Cyber Security Incident Response Teams (CSIRT). In addition, among other efforts, activities in support of critical infrastructure protection and industrial control systems were organized in coordination with the Governments of Chile and Paraguay and with assistance from the National Cyber Security Institute (INCIBE). The CICTE Secretariat partnered with INCIBE to organize the first International CyberEx which was attended by 39 teams from OAS member states and 7 international teams.

A Cybersecurity Technical Colloquium was organized in partnership with the Forum for Incident Response Teams (FIRST), and a workshop and national cybersecurity assessment was held with the Government of Mexico.

Recommendations were put forward for the new National Cybersecurity Strategy for Colombia and a tailored Cybersecurity Education and Awareness Strategy was developed for Trinidad and Tobago.

The OAS General Secretariat became a founding member of the Global Forum on Cyber Expertise (GFCE) in which more than 50 states and organizations work on cyber security strengthening initiatives. A memorandum of understanding was signed with Microsoft to develop training initiatives.

The CICTE Secretariat partnered with Trend Micro and produced a report on “Cybersecurity and Critical Infrastructure Protection in the Americas.” It has also partnered with the Inter-American Development Bank (IDB) and with the Global Cyber Security Capacity Center (GCSCC) at the University of Oxford to produce a cybersecurity gap analysis of Latin America and the Caribbean, which was published in April 2016.

In sum, the CICTE Secretariat has continued vigorously to support the cybersecurity efforts of member states by providing training to nearly 2,500 professionals at more than 30 events.

Security for Major Events

With the support and cooperation of the International Center for Sport Security (ICSS), this program organized a regional conference for the Americas on “Major Sporting Events: The Crossroads of Security and Socioeconomic Development,” which was held in Washington, D.C, on June 25 and 26, 2015. The meeting brought together high-level government officials from ministries of sport, security, and human rights as well as representatives from the academic community and the international development sectors to explore topics ranging from regional security policies to 6

financial integrity and the protection of vulnerable groups within the context of major sporting events.

Supply Chain Security

Efforts centered on the development and implementation of the Authorized Economic Operators program, a public-private partnership initiative internationally accepted as a best practice in terms of risk management and supply chain security. Training programs carried out in that connection in 2015 were attended by more than 200 private-sector and customs officials from 11 countries.

Tourism Security

A seminar for tourism sector officials, was held on crisis management, physical security, risk assessment and mitigation and best security practices in Puerto Vallarta, Mexico. Also for this program, the CICTE Secretariat planned and developed a new training program on Tourism Security in Central America, Mexico, and the Caribbean, scheduled for implementation in the 2016-2019 term, for which specific fund support and financing was secured in the amount of US$2,180,000.

STRENGTHENING STRATEGIES ON EMERGING TERRORIST THREATS

Strategies against Emerging Terrorist Threats

The goal of this program is to assist member states in developing national preparedness plans and inter-institutional action protocols in the event of a bio-incident, be it accidental, natural, or intentional in origin. In 2015, the CICTE Secretariat organized 6 activities attended by 272 officials to evaluate crisis response and management capabilities in four countries.

This section will also be eliminated and rearranged under the previously mentioned executive order.

INTERNATIONAL COORDINATION AND COOPERATION

CICTE has continued to strengthen its interaction and cooperation with the United Nations system (Counter-Terrorism Committee of the Security Council, CTITF, ICAO, UNODA, IOM, UNICRI); international organizations such as Interpol and GAFILAT; regional organizations such as SICA, CARICOM, IDB, PAHO, the Council of Europe, and APEC; multiple governmental agencies; and civil society and private organizations such as the World Economic Forum, ICSS, Microsoft, Symantec, Trend-Micro, and Stop-Think-Connect, among others, in order better to fulfill its mandate and objectives.

Regarding the sixteenth regular session of the CICTE, I would underscore the fact that it adopted by consensus the Declaration on “Strengthening Cooperation and Development in Cybersecurity and the Fight against Terrorism in the Americas” It also adopted the Committee’s work plan for 2016 and the resolution convening the seventeenth regular session, which, as you know, will be held in Panama in February 2017.

In the wake of the sixteenth regular session, the Chair would like to emphasize the value of 7

two activities that are not included in the Annual Report because they took place after it was drafted.

The first was the inclusion on the agenda of the Permanent Council meeting of April 6 of an item connected with the terrorist attacks in Paris and Brussels that for which the so-called Islamic State responsibility. That initiative received a strong welcome from all the delegations.

The second activity consisted of the work done by the Executive Secretariat of CICTE with the support of this chair, to encourage those states that have not yet done so to ratify or accede to, as appropriate, the Inter-American Convention against Terrorism.

Currently, 10 countries are not yet party to this international legal instrument, for which reason the Executive Secretariat, through Ambassador Francisco Laínez, has held meetings with the relevant delegations to that end.

Executive Order No. 16-01, issued by the Secretary General on January 26, 2016, alters the Structure of the Secretariat for Multidimensional Security and has ramifications for the CICTE.

Simply put, CICTE has been reduced to just two sections: “Protection of Critical Infrastructure and Resources” and “Counter-Terrorism Policy”; the sections “Strategies on Emerging Threats,” “Legislative Assistance And Combating Terrorism Financing,” “Project Formulation and Review,” and “UN/RES 1540 Implementation” have been eliminated and their programs will be accommodated within the Secretariat.

The “Border Controls” section will be transferred to the new Department against Transnational Organized Crime.

As I have said on a number of occasions, the Chair supports any proposal to overhaul the Secretariat for Multidimensional Security and turn it into a more efficient and effective entity, provided that such a measure does not impair or harm the normal execution pursuit of CICTE’s activities under its 2016 Work Plan.

As regards the draft 2016–2020 Strategic Plan of the OAS (document GT/VE-31/16 of May 2, 2016), due to be presented today to the Committee on Hemispheric Security, I would like to mention the following concerns of the Chair regarding the chapter on security and strategic lines of action, and how it relates to the CICTE.

The Chair is surprised that the CICTE is not referenced at all in that chapter (I refer to pages 9 and 10) and that the word “terrorism” appears only once in it. 8

Furthermore, CICTE does not appear in the strategic lines contained in the Annex to Chapter IV “Security,” which we find disconcerting.

Moreover, CICTE only appears in the paragraph on organization on p. 25, where it is mentioned as one of the entities of the Secretariat for Multidimensional Security.

The above is a concern given that the purpose of the CICTE is “to promote and develop cooperation among member states to prevent, combat, and eliminate terrorism, in accordance with the principles of the OAS Charter and with the Inter-American Convention against Terrorism, and with full respect for the sovereignty of states, the rule of law, and international law, including international humanitarian law, international human rights law, and international refugee law.”

The Chair of CICTE recalls that the security pillar is one of the fundamental elements of the OAS, while terrorism is a real concern for the governments and peoples of the Americas as it disregards the most basic human rights.

I would like to end my remarks by insisting that CICTE should have its human and financial resources strengthened since the scourge of terrorism recognizes no borders, and therefore all our governments must be alert and work together to banish it from the face of the earth.

IV. OBSERVATIONS AND RECOMMENDATIONS OF THE MEMBER STATES ON THE ANNUAL REPORT OF THE INTER-AMERICAN COMMITTEE AGAINST TERRORISM (CICTE)

Note: This report contains observations and recommendations expressed at the meeting of the CSH of May 5, 2016. Thus, this report broadly reflects the positions of the states but in no sense represents an advance or a consensus in the discussions on the matters to which the delegations individually referred.

At the meeting, the representatives of the permanent missions of Canada, Colombia, Nicaragua, Paraguay, and the United States put forward observations and recommendations on the Annual Report of the CICTE, which are summarized as follows:

1. They thanked and commended the CICTE on the contents of the 2015 Annual Report, and its chair for the report’s presentation. 9

2. They recalled with concern the multiple terrorist attacks that have struck many nations in recent years as well as the traumatic impact that they have had on the population. 3. They expressed their concern at the fact that both the CICTE and the subject of counter-terrorism are “weakly” only reflected in recent General Secretariat documents of paramount importance, such as Executive Order 16-01 and the draft 2016–2020 Strategic Plan of the OAS. 4. They asked the CICTE Secretariat to provide the states with relevant information about the current position with regard to the financial resources of the Committee’s Executive Secretariat. 5. They reiterated their concern that the Executive Secretariat of CICTE should be reduced to only two sections. 6. They requested specific information about the cuts in the staff that work for the Executive Secretariat of the CICTE. 7. They noted that the body of the Annual Report of the CICTE refers to that report as a report of the Chair.

Next, Dr. Paulina Duarte, Acting Secretary for Multidimensional Security, observed that, as had been clarified on previous occasions, none of the programs of the CICTE or the SMS had been disrupted as a result of Executive Order 16-01. She added that there had only been a restructuring. She said that talks were underway with the Department of Human Resources and how a minimum of staff could be assigned in order efficiently to address the mandates given to the CICTE without sacrificing quality.

Finally, Mr. Alfred Schandlbauer, Executive Secretary of the CICTE, clarified that information on the financial situation of the Executive Secretariat of the CICTE was included in the presentation of the CICTE chair (see pp. 2 to 8 of the Report).

V. TEXTS TRANSMITTED TO THE SECRETARIAT CONTAINING OBSERVATIONS AND RECOMMENDATIONS OF MEMBER STATES

As at the publication of the Report none of the member states had submitted text containing observations and recommendations for publication.

VI. LINK TO THE AUDIO RECORDING OF THE MEETING

http://scm.oas.org/Audios/2016/CP_CSH-1735_05-05-2016.MP3

07084de21e23ac97cd74073c96037a34.doc