JAPAN'S REPORT TO UNSC ON UNSCRS 1737 AND 1747

C O N F I D E N T I A L SECTION 01 OF 02 TOKYO 002461 SIPDIS SIPDIS E.O. 12958: DECL: 05/31/2017 TAGS: KNNP EFIN IR UNSC AORC ETRD TRGY JA SUBJECT: JAPAN'S REPORT TO UNSC ON UNSCRS 1737 AND 1747 REF: STATE 73219 Classified By: Ambassador J. Thomas Schieffer for reasons 1.4 (b) and ( d) ¶1. (C) Embassy Tokyo political and EST officers delivered reftel demarche to UN Policy Division Principal Deputy Director Kentaro Fujimoto, 2nd Middle East Division Iran Desk Officer Junichi Sumi, and Non-proliferation, Science, and Nuclear Energy Division Officer Isami Takada. Fujimoto said that the U.S. report demonstrated a "very strict" enforcement of UNSCRs 1737 and 1747. Japan is also striving for stringent enforcement of the resolutions, stated Fujimoto, noting that Japan was one of the first countries to submit its own report, on May 23. Takada provided the following text of Japan's report to the UNSC. ¶2. (U) Begin text of Japan's report to the UNSC: Report to the United Nations Security Council Committee established pursuant to paragraph 18 of the United Nations Security Council Resolution 1737 (2006) (hereinafter "the Committee") with regard to the implementation of paragraphs 2, 4, 5, 6 and 7 of the United Nations Security Council Resolution 1747 (2007) (hereinafter "the Resolution"). The Government of Japan (hereinafter "the Government") has taken the following measures with a view to steadily implementing the relevant paragraphs of the Resolution. ¶1. Announcement by the Government on May 18, 2007 Based on the Resolution and the Cabinet approval on May 18, 2007, the Government announced that it would invoke "Measures based on the Foreign Exchange and Foreign Trade Law (Law No. 228 of 1948) (hereinafter "Foreign Exchange Law") to Freeze the Assets of Persons and Entities Engaged in Iran's Proliferation Sensitive Nuclear and Other Activities and to Prohibit the Import of Arms from Iran" in accordance with Foreign Exchange Law, to implement paragraphs 4 and 5 of the Resolution. In addition to the aforementioned paragraphs, the Government announced that it would reinforce the implementation of the measures with regard to paragraphs 2, 6 and 7 of the Resolution, according to the relevant national legislation and system in force. ¶2. The measures taken by the Government 2-1 Paragraph 2 The Government has already initiated, in accordance with the Law for the Establishment of the Ministry of Foreign Affairs ;and the Immigration Control and Refugee Recognition Act (hereinafter "Immigration Control Act"),necessary measures to exercise vigilance and restraint regarding the entry into or transit through its territory of individuals who are engaged in, directly associated with or providing support for Iran's proliferation sensitive nuclear activities or the development of nuclear weapon delivery systems (hereinafter "Iran's nuclear and other activities"),and to notify the Committee of the entry into or transit through its territory of the 15 persons designated in the Annex I to the Resolution in addition to the 12 persons designated in the Annex to the Resolution 1737 (2006). Under these measures, the Minister for Foreign Affairs, in accordance with the Law for the Establishment of the Ministry of Foreign Affairs, exercises strict vigilance in examination of entry/transit visas for the entry into or transit through Japan of individuals who are engaged in, directly associated with or providing support for Iran's nuclear and other activities, including those designated in the Annex I to the Resolution as well as the Annex to the Resolution 1737 (2006). The Ministry of Justice, in accordance with the Immigration Control Act, also exercises strict vigilance for the aforementioned individuals in landing examinations and examinations of applications for certificates of eligibility. The Government will notify, without delay, the Committee of the entry into or transit through its territories of the 27 persons designated in the Annex I to the Resolution and the Annex to the Resolution 1737 (2006),as well as other persons, if any, who will be additionally designated by the Security Council or the Committee. TOKYO 00002461 002 OF 002 2-2 Paragraph 4 The Government has taken, in accordance with Foreign Exchange Law and the Cabinet approval, necessary measures to freeze the funds, other financial assets and economic resources, which are within the Japanese territory and owned or controlled by the 15 persons and 13 entities designated in the Annex I to the Resolution in addition to the 12 persons and 10 entities designated in the Annex to the Resolution 1737 (2006) as being engaged in Iran's nuclear and other activities, and to ensure that such funds, financial assets or economic resources are prevented from being available by any persons or entities, to or for the benefit of these persons and entities. Under these measures, payments to or by, and capital transactions with, those designated in the Annex I to the Resolution as well as the 10 entities and 12 persons designated in the Annex to the Resolution 1737 (2006) are subject to licensing by the Minister of Finance or the Minister of Economy, Trade and Industry. In light of the Resolution, licenses will not be granted for these payments and capital transactions, except for those stipulated in paragraphs 13, 14 and 15 of the Resolution 1737 (2006). The Government is prepared to take necessary measures to freeze the funds, other financial assets and economic resources of those persons or entities, if any, who will be additionally designated by the Security Council or the Committee. 2-3 Paragraph 5 The Government has taken, in accordance with Foreign Exchange Law and the Cabinet approval, necessary measures to prohibit the import of any arms and related materiel by Japanese nationals, or using its flag vessels or aircraft, originating from or shipped from Iran. Under these measures, importation of arms and related materiel originating from or shipped from Iran is subject to approval of the Minister of Economy, Trade and Industry. In light of the Resolution, approvals will not be granted for these arms and related materiel. 2-4 Paragraph 6 The Government has already taken, in accordance with the Foreign Exchange Law regulations established under the said Law such as the Export Trade Control Order (Cabinet Order No. 378 of 1949),necessary measures to prevent the supply, sale or transfer directly or indirectly from Japanese territory or by its nationals or using its vessels or aircraft of any battle tanks, armoured combat vehicles, large calibre artillery system, combat aircraft, attack helicopters, warships, missiles or missile systems as defined for the purpose of the United Nations Register on Conventional Arms to Iran, and in the provision to Iran of any technical assistance or training, brokering or services related to the supply, sale, transfer, manufacture or use of such items. Under these measures, exportation to Iran of items specified in paragraph 6 of the Resolution continues to be subject to licensing by the Minister of Economy, Trade and Industry. In light of the Resolution, licenses will not be granted for exportation to Iran of the aforementioned items. Furthermore, the Government has already taken, through administrative guidance to Japanese financial institutions, necessary measures to exercise vigilance and restraint in the provision to Iran of any financial assistance, investment, and the transfer of financial resources or services, related to the supply, sale, transfer, manufacture or use of such items. 2-5 Paragraph 7 Japanese Official Development Assistance (ODA) to the Government of the Islamic Republic of Iran has already been limited to that for humanitarian or developmental purposes which are the exceptions stipulated in paragraph 7 of the Resolution. SCHIEFFER