UNCLAS STATE 147093

SIPDIS

SENSITIVE
SIPDIS

E.O. 12958: N/A
TAGS: EFIN ETTC KTFN PREL PTER UNSC
SUBJECT: 1267 COMMITTEE: FRANCO-AMERICAN PROPOSAL ON


PROCEDURAL FAIRNESS


REF: A. USUN 1430


B. STATE 65363


C. USUN 917


D. USUN 1078


1. (U) This is an Action Request. Please see Paragraph


2. (SBU) The Department appreciates USUN's efforts to
draft a compromise proposal with the French Mission
regarding procedural protections and fairness in the 1267
(al-Qaida/Taliban) Sanctions Committee (REF A). The
Department instructs USUN to secure French agreement to
the text in Para 3 (slightly changed from the original)
and present the proposal to the 1267 Committee jointly
with the French Mission.


3. (SBU) BEGIN TEXT:

The SC would request the SG to establish, within the
Secretariat (Sanctions Branch), a focal point to receive

SIPDIS

delisting requests. Individuals seeking to submit a
request for de-listing could do so either through the focal
pointprocess outlined below or throught their state of
residence or citizenship, if permitted or required by that
state(s)

The tasks the focal point would perform would,
sequentially, be the following:


1. receive requests of delisting from a petitioner
(individual(s), groups, undertakings, and/or entities on
the sanctions committees lists);


2. verify if the request is new or is a repeated request;


3. if it is a repeated request and if it does not contain
any new justification, return it to the petitioner;


4. acknowledge receipt of the request to the petitioner
and inform the petitioner on the general procedure for
processing that request;


5. forward the request, for information and comments
(approve, disapprove, no comment, other), to the
designating government/s and to the government/s of
citizenship and residence.


6. (a) If, after consultation with the designating
government, any of these governments recommend de-listing,
the focal point or that government would forward that
government's recommendation to the Chairman of the
sanctions committee, accompanied by that government's
justification for the recommendation. The Chairman would
then place the petition on the Committee's agenda,
accompanied by the justification/s provided.


6. (b) If, after a reasonable time (3 months), none of the
governments which reviewed the petition under paragraph 5
above recommend de-listing or indicate that they are
working on the petition and require additional time, the
focal point will so notify all members of the committee
and provide copies of the de-listing request. Any member
of the committee may, after consultation with the

designating government, recommend de-listing by forwarding
the petition to the Chairman of the sanctions committee,
accompanied by a justification, within a set timeframe
(one month). (Only one member of the committee would have
to recommend de-listing, after consultation with the
designating government, in order to place the issue on the
Committee's agenda.)



7. inform the petitioner
(a) of the decision of the sactions committee to de-list
him/her; or
(b) that the process of consideration of the petition
within the commitee has been completed and that he/she
remains on the list of the committee.

The role of the sanctions committee would be the
following:


1. Review the requests submitted to it pursuant to 6(a)

and 6(b) above;


2. decide to accept the request or refuse it or that it
is not in a position to accept it at this stage


3. request the focal point to inform the petitioner of
its decision.


END TEXT.
RICE