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Cablegate: Usun Instruction: Vote in Favor of Somalia

VZCZCXYZ0000
OO RUEHWEB

DE RUEHC #1624 3212037
ZNR UUUUU ZZH
O R 162024Z NOV 08
FM SECSTATE WASHDC
TO RUCNDT/USMISSION USUN NEW YORK IMMEDIATE 0000
INFO RUEHDS/AMEMBASSY ADDIS ABABA 0000
RUEHNR/AMEMBASSY NAIROBI 0000
RUEATRS/TREASURY DEPT WASHINGTON DC 0000
RHEHNSC/NSC WASHINGTON DC 0000

UNCLAS STATE 121624

SIPDIS

E.O. 12958: N/A
TAGS: KDEM KTFN PGOV PREL PTER SO XW UNSC
SUBJECT: USUN INSTRUCTION: VOTE IN FAVOR OF SOMALIA
SANCTIONS RESOLUTION

REF: A. USUN 664
B. STATE 108662

1. This is an action request. USUN is instructed to
vote
in favor of the adoption of the resolution (text in
para
2) that will expand the current UNSC Somalia
sanctions
regime from a comprehensive arms embargo to include
targeted measures (asset freeze and travel ban) for
those
threatening the peace process.

------------------
TEXT OF RESOLUTION
------------------
2. The Security Council,

Recalling its previous resolutions concerning the
situation in Somalia, in particular resolution 733
(1992),
resolution 751 (1992), resolution 1356 (2001),
resolution
1425 (2002), resolution 1519 (2003), resolution 1676
(2006), resolution 1725 (2006), resolution 1744
(2007),
resolution 1772 (2007), resolution 1801 (2008),
resolution
1811 (2008), and resolution 1814 (2008), and the
statements of its President, in particular those of
13
July 2006 --S/PRST/2006/31--, 22 December 2006
--S/PRST/2006/59--, 30 April 2007 --S/PRST/2007/13--, and
14
June 2007 --S/PRST/2007/19), and recalling also its
resolution 1730 (2006) on general issues relating to
sanctions,

Reaffirming its respect for the sovereignty,
territorial
integrity, political independence and unity of
Somalia,

Underlining the importance of providing and
maintaining
stability and security throughout Somalia,

Reaffirming its condemnation of all acts of violence
in
Somalia and incitement to violence inside Somalia,
and
expressing its concern at all acts intended to
prevent or
block a peaceful political process,

Expressing its grave concern over the recent increase
in
acts of piracy and armed robbery at sea against
vessels
off the coast of Somalia, and noting the role piracy
may
play in financing embargo violations by armed groups,
as
described in the statement of 9 October 2008 by the
Chairman of the Committee established pursuant to
resolution 751 (1992) (hereinafter "the Committee")
to the
Security Council,

Emphasizing the continued contribution made to
Somalia's
peace and security by the arms embargo imposed by
paragraph 5 of resolution 733 (1992), as elaborated
and
amended by resolutions 1356 (2001), 1425 (2002), 1725
(2006), 1744 (2007) and 1772 (2007), and reiterating
its
demand that all Member States, in particular those in
the
region, comply fully with the requirements of these
resolutions,

Recalling its intention, outlined in paragraph 6 of
resolution 1814 (2008), to take measures against
those who
seek to prevent or block a peaceful political
process, or
those who threaten the Transitional Federal
Institutions
(TFIs) of Somalia or the African Union Mission in
Somalia
(AMISOM) by force, or take action that undermines
stability in Somalia or the region,

Further recalling its intention to strengthen the
effectiveness of the United Nations arms embargo on
Somalia, outlined in paragraph 7 of resolution 1814
(2008)
and to take measures against those who breach the
arms
embargo, and those who support them in doing so,

Recalling also its request, outlined in paragraphs 6
and 7
of resolution 1814 (2008), to the Committee to
provide
recommendations on specific targeted measures to be
imposed against such individuals or entities,

Taking note of the letter of 1 August 2008 from the
Vice
Chairman of the Committee to the President of the
Security
Council,

Determining that the situation in Somalia continues
to
constitute a threat to international peace and
security in
the region,

Acting under Chapter VII of the Charter of the United
Nations,

1. Decides that all Member States shall take the
necessary
measures to prevent the entry into or transit through
their territories of individuals designated by the
Committee pursuant to paragraph 8 below, provided
that
nothing in this paragraph shall oblige a State to
refuse
its own nationals entry into its territory;

2. Decides that the measures imposed by paragraph 1
above
shall not apply:

(a) where the Committee determines on a case-by-
case
basis that such travel is justified on the grounds of
humanitarian need, including religious obligation; or

(b) where the Committee determines on a case-by-
case
basis that an exemption would otherwise further the
objectives of peace and national reconciliation in
Somalia
and stability in the region;

3. Decides that all Member States shall freeze
without
delay the funds, other financial assets and economic
resources which are on their territories at the date
of
adoption of this resolution or at any time
thereafter,
which are owned or controlled, directly or
indirectly, by
the individuals or entities designated by the
Committee
pursuant to paragraph 8 below, or by individuals or
entities acting on their behalf or at their
direction, or
entities owned or controlled by them, as designated
by the
Committee, and decides further that all Member States
shall ensure that any funds, financial assets or
economic
resources are prevented from being made available by
their
nationals or by any individuals or entities within
their
territories, to or for the benefit of such
individuals or
entities;

4. Decides that the measures imposed by paragraph 3
above
do not apply to funds, other financial assets or
economic
resources that have been determined by relevant
Member
States:

(a) to be necessary for basic expenses, including
payment for foodstuffs, rent or mortgage, medicines
and
medical treatment, taxes, insurance premiums, and
public
utility charges or exclusively for payment of
reasonable
professional fees and reimbursement of incurred
expenses
associated with the provision of legal services, or
fees
or service charges, in accordance with national laws,
for
routine holding or maintenance of frozen funds, other
financial assets and economic resources, after
notification by the relevant State to the Committee
of the
intention to authorize, where appropriate, access to
such
funds, other financial assets or economic resources
and in
the absence of a negative decision by the Committee
within
three working days of such notification;

(b) to be necessary for extraordinary expenses,
provided that such determination has been notified by
the
relevant Member State or States to the Committee and
has
been approved by the Committee; or

(c) to be the subject of a judicial,
administrative or
arbitral lien or judgment, in which case the funds,
other
financial assets and economic resources may be used
to
satisfy that lien or judgment provided that the lien
or
judgment was entered into prior to the date of the
present
resolution, is not for the benefit of a person or
entity
designated pursuant to paragraph 3 above, and has
been
notified by the relevant Member State or States to
the
Committee;

5. Decides that Member States may permit the addition
to
the accounts frozen pursuant to the provisions of
paragraph 3 above of interests or other earnings due
on
those accounts or payments due under contracts,
agreements
or obligations that arose prior to the date on which
those
accounts became subject to the provisions of this
resolution, provided that any such interest, other
earnings and payments continue to be subject to these
provisions and are frozen;

6. Reaffirms the general and complete arms embargo
against
Somalia imposed by resolution 733 (1992), as
elaborated
and amended by resolutions 1356 (2001), 1425 (2002),
1725
(2006), 1744 (2007) and 1772 (2007);

7. Decides that all Member States shall take the
necessary
measures to prevent the direct or indirect supply,
sale or
transfer of weapons and military equipment and the
direct
or indirect supply of technical assistance or
training,
financial and other assistance including investment,
brokering or other financial services, related to
military
activities or to the supply, sale, transfer,
manufacture,
maintenance or use of weapons and military equipment,
to
the individuals or entities designated by the
Committee
pursuant to paragraph 8 below;

8. Decides that the provisions of paragraphs 1, 3,
and 7
above shall apply to individuals, and that the
provisions
of 3 and 7 above shall apply to entities, designated
by
the Committee;

(a) as engaging in or providing support for acts
that
threaten the peace, security or stability of Somalia,
including acts that threaten the Djibouti Agreement
of 18
August 2008 or the political process, or threaten the
TFIs
or AMISOM;

(b) as having acted in violation of the general
and
complete arms embargo reaffirmed in paragraph 6
above;

(c) as obstructing the delivery of humanitarian
assistance to Somalia, or access to, or distribution
of,
humanitarian assistance in Somalia;

9. Decides that the measures outlined in paragraphs
1, 3
and 7 above cease to apply in respect of such
individuals
or entities if, and at such time as the Committee
removes
them from the list of designated individuals and
entities;

10. Underlines the importance of coordination by the
Committee with other UN Sanctions Committees and with
the
Special Representative of the Secretary General,

11. Decides further to expand the mandate of the
Committee
as set out in resolution 751 (1992) to include the
following tasks:

(a) to monitor, with the support of the Monitoring
Group established pursuant to resolution 1519 (2003),
implementation of the measures imposed in paragraphs
1, 3
and 7 above, in addition to the general and complete
arms
embargo reaffirmed in paragraph 6 above;

(b) to seek from all Member States, in particular
those
in the region, information regarding the actions
taken by
them to implement effectively the measures imposed by
paragraphs 1, 3, and 7 above and whatever further
information it may consider useful in this regard;

(c) to examine information regarding alleged
violations
of measures imposed by paragraphs 1, 3 and 7 above,
paragraph 5 of resolution 733 (1992) and paragraphs 1
and
2 of resolution 1425 (2002), and take appropriate
action
if necessary;

(d) to designate individuals and entities pursuant
to
paragraphs 3 and 8 above, upon the request of Member
States referred to in paragraph 12 below;

(e) to consider and decide upon requests for
exemptions
set out in paragraphs 2 and 4 above;

(f) to review regularly the list of individuals
and
entities designated by the Committee pursuant to
paragraphs 3 and 8 above, with a view to keeping the
list
as updated and accurate as possible and to confirm
that
listings remain appropriate, and to encourage Member
States to provide any additional information whenever
such
information becomes available;

(g) to report at least every 120 days to the
Security
Council on its work and on the implementation of this
resolution, with its observations and
recommendations, in
particular on ways to strengthen the effectiveness of
the
measures imposed by paragraphs 1, 3 and 7 above;

(h) to identify possible cases of non-compliance
with
the measures pursuant to paragraphs 1, 3 and 7 above
and
to determine the appropriate course of action on each
case, and requests the Chairman, in periodic reports
to
Council pursuant to paragraph 11(g) above to provide
progress reports on the Committee's work on this
issue;

(i) to amend its existing guidelines, to
facilitate the
implementation of the measures imposed by this
resolution
and keep these guidelines under active review as may
be
necessary;

Listing

12. Encourages Member States to submit to the
Committee
for inclusion on its list of designees, names of
individuals or entities who meet the criteria set out
in
paragraph 8 above, as well as any entities owned or
controlled, directly or indirectly, by the submitted
individuals or entities or individuals or entities
acting
on behalf of or at the direction of the submitted
entities;

13. Decides that, when proposing names to the
Committee
for listing, Member States shall provide a detailed
statement of case, together with sufficient
identifying
information to allow for the positive identification
of
individuals and entities by Member States, and
decides
further that for each such proposal Member States
shall
identify those parts of the statement of case that
may be
publicly released, including for use by the Committee
for
development of the summary described in paragraph 14
below
or for the purpose of notifying or informing the
listed
individual or entity, and those parts which may be
released upon request to interested States;

14. Directs the Committee, in coordination with the
relevant designating States and with assistance of
the
Monitoring Group, after a name is added to the list,
to
make accessible on the Committee's website a
narrative
summary of reasons for listing;

15. Decides that the Secretariat shall, after
publication
but within one week after a name is added to the list
of
individuals and entities, notify the Permanent
Mission of
the country or countries where the individual or
entity is
believed to be located and, in the case of
individuals,
the country of which the person is a national (to the
extent this information is known) and to include with
this
notification a copy of the publicly releasable
portion of
the state of case, any information on reasons for
listing
available on the Committee's website, a description
of the
effects of designation, the Committee's procedures
for
considering delisting requests, and the provisions
regarding available exemptions;

16. Demands that Member States receiving notification
as
in paragraph 15 above take, in accordance with their
domestic laws and practices, all possible measures to
notify or inform in a timely manner the listed
individual
or entity of the designation, together with the
information provided by the Secretariat as set out in
paragraph 15 above;

17. Encourages Member States receiving notification
as in
paragraph 15 above to inform the Committee on steps
they
have taken to implement the measures set out in
paragraphs
1, 3 and 7 above;

Delisting

18. Welcomes [Notes (Russia)] the establishment
within the
Secretariat of the Focal Point, pursuant to
resolution
1730 (2006), that provides listed individuals,
groups,
undertakings or entities with the option to submit a
petition for de-listing directly to the Focal Point;

19. Urges designating States and States of
citizenship and
residence to review de-listing petitions received
through
the Focal Point, in accordance with the procedures
outlined in the annex to resolution 1730 (2006), in a
timely manner and to indicate whether they support or
oppose the request in order to facilitate the
Committee's
review;

20. Directs the Committee to consider requests, in
accordance with its guidelines, for the removal from
the
Committee's list of designees those who no longer
meet the
criteria pursuant to this resolution;

21. Decides that the Secretariat shall, within one
week
after a name is removed from the Committee's list of
designees, notify the Permanent Mission of the
country or
countries where the individual or entity is believed
to be
located and, in the case of individuals, the country
of
which the person is a national (to the extent this
information is known), and demands that States
receiving
such notification take measures, in accordance with
their
domestic laws and practices, to notify or inform the
concerns individual or entity of the delisting in a
timely
manner;

22. Encourages the Committee to ensure the fair and
clear
procedures exist for placing individuals and entities
on
the Committee's list of designees and for removing
them as
well as for granting humanitarian exemptions;

23. Decides that the mandate of the Monitoring Group,
as
set out in paragraph 3 of resolution 1811 (2008)
shall
also include the tasks outlined below:

(a) to assist the Committee in monitoring
implementation of this resolution by providing any
information on violations, of the measures imposed in
paragraphs 1, 3 and 7 above, in addition to the
general
and complete arms embargo reaffirmed in paragraph 6
above;

(b) to include in its reports to the Committee any
information relevant to the Committee's designation
of the
individuals and entities described in paragraph 8
above;

(c) to assist the Committee in compiling narrative
summaries referred to in paragraph 14 above;

24. Reminds all Member States of their obligation to
implement strictly the measures imposed by this and
all
relevant resolutions;

25. Decides that all Member States shall report to
the
Committee within 90 days of the adoption of this
resolution on the steps they have taken with a view
to
implementing effectively paragraphs 1 and 7 above;

26. Decides to review the measures imposed by
paragraphs
1, 3, and 7 above, with a view to their possible
strengthening, in 12 months or sooner if necessary;

27. Decides to remain actively seized of the matter.

END TEXT
RICE

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