Identifier
Created
Classification
Origin
07USUNNEWYORK510
2007-06-22 22:56:00
UNCLASSIFIED
USUN New York
Cable title:  

UN/DPRK SANCTIONS: SANCTIONS COMMITTEE ADOPTS

Tags:  PREL UNSC PHUM ETTC MCAP KN 
pdf how-to read a cable
VZCZCXRO3845
OO RUEHBZ
DE RUCNDT #0510/01 1732256
ZNR UUUUU ZZH
O 222256Z JUN 07
FM USMISSION USUN NEW YORK
TO RUEHC/SECSTATE WASHDC IMMEDIATE 2121
INFO RUEHGG/UN SECURITY COUNCIL COLLECTIVE IMMEDIATE
RUEHUL/AMEMBASSY SEOUL IMMEDIATE 0809
RUEHGV/USMISSION GENEVA IMMEDIATE 2744
UNCLAS SECTION 01 OF 05 USUN NEW YORK 000510 

SIPDIS

SIPDIS

E.O. 12958: N/A
TAGS: PREL UNSC PHUM ETTC MCAP KN
SUBJECT: UN/DPRK SANCTIONS: SANCTIONS COMMITTEE ADOPTS
GUIDELINES DURING FORMAL MEETING


UNCLAS SECTION 01 OF 05 USUN NEW YORK 000510

SIPDIS

SIPDIS

E.O. 12958: N/A
TAGS: PREL UNSC PHUM ETTC MCAP KN
SUBJECT: UN/DPRK SANCTIONS: SANCTIONS COMMITTEE ADOPTS
GUIDELINES DURING FORMAL MEETING



1. (U) On June 20 the Committee concerning the Democratic
People's Republic of North Korea (DPRK),established pursuant
to resolution 1718 (2006),convened for a formal meeting to
adopt Committee Guidelines (see full text in para 3 below).
Italian PermRep and Chairman of the Committee Marcello
Spatafora led the meeting.


2. (U) USUN and China made statements following the adoption
of the guidelines. China welcomed the unanimous adoption of
the guidelines and thanked the Chairman for his impartiality
and patience, stating that the guidelines reaffirm the
Committee's mandate, provide important direction on reviewing
the measures, and reflect the common understanding of
Committee members of the purpose of the Committee. Without
explicitly referring to the February 13 agreement of the
Fifth Round of the Six Party Talks, China noted &progress8
on disarmament with DPRK and pledged to ensure the Committee
demonstrated a &constructive approach.8


3. (U) USUN thanked the Chairman for his leadership and
welcomed the DPRK's announcement that it would receive an
IAEA delegation to discuss the shutdown of the Yongbyon
facilities. The United States considered this to be an
important first step toward realizing the commitments of the
February 13 agreement, and called on the DPRK to move swiftly
to implement those commitments. USUN recalled the shared
goal of the verifiable denuclearization of the Korean
Peninsula and emphasized its commitment to the full and
effective implementation of resolution 1718.


4. (U) Text of 1718 Committee Guidelines:

SECURITY COUNCIL COMMITTEE ESTABLISHED PURSUANT TO RESOLUTION
1718 (2006)

20 June 2007

GUIDELINES OF THE COMMITTEE FOR THE CONDUCT OF ITS WORK

This document contains the Guidelines of the Committee for
the conduct of its work, as adopted by the Committee on 20
June 2007. In accordance with the decision of the Committee,
copies of these Guidelines are to be transmitted to all
Member States and relevant international
organizations/agencies as soon as possible. These Guidelines
will also be posted on the Committee's webpage:

http://www.un.org/Docs/sc/committees/1718Temp late.htm.


1. The 1718 Committee

(a) The Committee was established pursuant to paragraph 12 of
Security Council resolution 1718 (2006).

(b) The Committee is a subsidiary organ of the Security
Council and will consist of all the members of the Council.

(c) The Chairperson of the Committee will be appointed by the
Security Council to serve in her/his personal capacity. The
Chairperson will be assisted by two delegations which act as
Vice Chairpersons, which will also be appointed by the
Council.

(d) The Chairperson will chair meetings of the Committee.
When she/he is unable to chair a meeting, she/he will
nominate one of the Vice-Chairpersons to act on her/his
behalf. The Chairperson or one of her/his designated
representatives may also convene and chair informal
consultations of the Committee.

(e) The Secretariat of the United Nations will provide the
Committee with secretariat support.


2. Mandate of the Committee

In accordance with rule 28 of the Security Council
provisional rules of procedures, the Committee is established
to undertake the following tasks:

(a) to seek from all States, in particular those producing or
possessing the items, materials, equipment, goods and
technology referred to in paragraph 8 (a) of resolution 1718
(2006),information regarding the actions taken by them to
implement effectively the measures imposed by paragraph 8 of
the resolution and whatever further information it may
consider useful in this regard;

(b) to examine and take appropriate action on information
regarding alleged violations of measures imposed by paragraph
8 of the resolution;


USUN NEW Y 00000510 002 OF 005


(c) to consider and decide upon requests for exemptions set
out in paragraphs 9 and 10 of the resolution;

(d) to determine additional items, materials, equipment,
goods and technology to be specified for the purpose of
paragraphs 8 (a) (i) and 8 (a) (ii) of the resolution;

(e) to designate additional individuals and entities subject
to the measures imposed by paragraphs 8 (d) and 8 (e) of the
resolution;

(f) to promulgate guidelines as may be necessary to
facilitate the implementation of the measures imposed by the
resolution;

(g) to report at least every 90 days to the Security Council
on its work, with its observations and recommendations, in
particular on ways to strengthen the effectiveness of the
measures imposed by operative paragraph 8 of resolution 1718
(2006).


3. Decision-making

(a) The Committee shall make all decisions by consensus of
its members.

(b) In cases where the Committee so agrees, decisions will be
taken by a written procedure. In such cases the Chairman will
circulate to all Members of the Committee the proposed
decision of the Committee, and will request Members of the
Committee to indicate their objection to the proposed
decision within five working days or, in urgent situations,
such a shorter period as the Chairperson shall determine but
usually no less than two working days. If no objection is
received within the stated period, the decision will be
considered adopted. Otherwise, the Committee may convene a
meeting to revisit the issue at the request of the Chairman
or any Member of the Committee.


4. Meetings of the Committee

(a) Meetings of the Committee, both formal and informal, will
be convened at any time the Chairperson deems necessary, or
at the request of a Member of the Committee. Two working days
notice will be given for any meeting of the Committee,
although shorter notice may be given in urgent situations.

(b) The meetings of the Committee will be closed, unless the
Committee decides otherwise. If the Committee so decides, the
Committee may invite other UN Member States, members of the
Secretariat and relevant regional or international

SIPDIS
organizations or agencies to participate in meetings of the
Committee for the purpose of providing information or
explanations relating to any violations or alleged violations
of the sanctions measures imposed by resolution 1718 (2006),
or to address the Committee on an ad hoc basis, if necessary
and useful to the progress of its work. The Committee will
consider requests from Member States to send representatives
to meet with the Committee for more in-depth discussion of
relevant issues.

(c) Meetings of the Committee, both formal and informal, will
be facilitated by interpretation in the six official
languages of the Security Council of the United Nations,
except in such cases where all Members of the Committee
consent to meet without such support.


5. Documentation and Agenda

(a) The Chairperson, in conjunction with the Secretariat,
will circulate a provisional agenda and related documents at
least two working days before a meeting of the Committee.

(b) The Chairperson, in conjunction with the Secretariat,
will circulate other relevant documents and papers to members
of the Committee.

(c) Documents circulated in the Committee for eventual formal
decision will be translated into all official languages of
the Security Council of the United Nations, subject to the
following conditions:

(i) documents concerning technical matters related to
paragraphs 8(a)(i),8(a)(ii) and 12(d) of resolution 1718
(2006) will be translated before the Committee commences its
discussion on such documents;
(ii) documents of a non-deliberative, procedural nature will
not be translated;
(iii) all other documents will be translated into all
official languages if and when one delegation so requests

USUN NEW Y 00000510 003.2 OF 005


without prejudice to the decision-making procedure outlined
in paragraph 3 (b) above.


6. Arms Embargo referred to in Paragraph 8 (a)(i) of
Resolution 1718 (2006)

(a) For the purpose of paragraph 8(a)(i) of resolution 1718
(2006),the Committee may discuss and make decisions
consistent with its mandate.


7. Embargo on Items, Materials, Equipment, Goods and
Technology related to Nuclear, Ballistic Missile and other
Weapon of Mass Destruction Programmes referred to in
Paragraph 8 (a)(ii) of Resolution 1718 (2006)

(a) As per paragraph 8(a)(ii) of resolution 1718 (2006) the
Committee may discuss and decide on items, materials,
equipment, goods and technology in addition to those
specified by the operative paragraph above, which could
contribute to DPRK,s nuclear-related, ballistic
missile-related or other weapons of mass destruction-related
programmes, or modify existing lists.

(b) Any items, materials, equipment, goods and technology to
be proposed to the Committee for its consideration shall be
accompanied to the greatest extent possible by a narrative
description that clarifies the relation between those items,
materials, equipment, goods and technology and DPRK,s
nuclear-related, ballistic missile-related or other weapons
of mass destruction-related programmes.


8. Lists of Individuals and/or Entities referred to in
Paragraphs 8(d) and 8(e) of Resolution 1718 (2006)

(a) The Committee will decide on a request for designation of
an individual and/or entity referred to in paragraph 8(d)
and/or 8(e) of resolution 1718 (2006),in two separate lists,
on the basis of the criteria contained in these paragraphs,
when it receives the request of designation and relevant
information with respect to that individual or entity.

(b) Member States will provide an appropriate statement of
the case that forms the basis for taking action. The name of
an individual and/or entity proposed for designation shall be
accompanied by, to the greatest extent possible, a narrative
description of the information that clarifies how the
criteria contained in paragraph 8(d) and/or 8(e) of
resolution 1718 (2006) may apply to the named individual or
entity. States may indicate what portions of the statement of
case, if any, the Committee may publicly release or release
to other UN Member States upon request.

(c) The name of any individual or entity proposed for
designation shall be accompanied by, to the greatest extent
possible, relevant, specific and as up-to-date as possible
information to facilitate their identification by competent
authorities:

For individuals designated according to paragraph(s) 8(d) or
8(e): name (in original and Latin script),date of birth,
place of birth, nationality, aliases, residence, current and
previous addresses, current location, passport or travel
document number, professional or functional title and/or any
other information relevant to facilitate the application of
the measures in paragraph(s) 8(d) or 8(e),including bank
account number(s) of that individual, etc.
For entities designated according to paragraph 8(d): name,
acronyms, address, headquarters, subsidiaries, affiliates,
fronts, nature of business or activity, leadership, tax or
other identification number and other names by which it is
known or was formerly known, and/or any other information
relevant to facilitate the application of the measures in
paragraph 8(d),including bank account number(s) of that
entity, etc.
(d) Regarding de-listing requests of individuals and
entities, petitioners seeking to submit a request for
de-listing can do so either through the focal point process
outlined in resolution 1730 (2006) or through their state of
residence or citizenship, and these requests will be subject
to the procedure as established in resolution 1730 (2006).
The Committee will consider expeditiously requests to update
these lists to be provided through Member States, on the
basis of relevant information received by the Committee.

(e) States are encouraged to submit to the Committee any
evidence in support of the submission for listing or
de-listing.

(f) Once the updated list is communicated to Member States,
states are encouraged to circulate it widely, such as to

USUN NEW Y 00000510 004.2 OF 005


banks and other financial institutions, border points,
consulates, customs agents, intelligence agencies,
alternative remittance systems and charities.


9. Reviewing

Pursuant to paragraph 12 and consistent inter alia with
paragraph 15 of resolution 1718 (2006),the Committee will
keep the lists under continuous review, and may also report
to the Security Council its observations and recommendations
on the measures contained in paragraph 8 of resolution 1718
(2006) as it sees fit.


10. Requests for Exemptions to Assets Freeze Pursuant to
Paragraph 9 of Resolution 1718 (2006)

(a) The Committee shall receive notifications in writing from
Member States of their intention to authorize, where
appropriate, access to frozen funds or other financial assets
or economic resources to cover expenses, as provided for in
paragraphs 9(a) and (b) of resolution 1718 (2006). The
Committee, through the Secretariat, will inform the
submitting State of receipt of the notification and the
Committee's position at the conclusion of the five-day
notification period.

(b) Notifications under paragraph 9(c) require no Committee
decision.

(c) Notifications and requests should, as appropriate,
include the following information:

i. Recipient (name and address)
ii. Recipient's bank information (name and address of bank,
account
number)
iii. Purpose of payment
iv. Amount of installment
v. Number of installments
vi. Payment starting date
vii. Bank transfer or direct debit
viii. Interests
ix. Specific funds being unfrozen
x. Other information


11. Requests for Exemptions to Travel Restrictions Pursuant
to Paragraph 10 of resolution 1718 (2006)

(a) In paragraph 10 of resolution 1718 (2005),the Security
Council decided that the travel restrictions imposed under
paragraph 8 (e) of the resolution shall not apply where the
Committee determines on a case by case basis that such travel
is justified on the ground of humanitarian need, including
religious obligation, or where the Committee concludes that
an exemption would otherwise further the objectives of the
resolution 1718 (2006).

(b) Each request for exemption to the travel restrictions
imposed under paragraph 8(e) of resolution 1718 (2006) shall
be submitted in writing, on behalf of the listed individual,
to the Chairperson of the Committee through the Permanent
Mission to the United Nations of any Member State, including
inter alia the State of which the listed individual is a
national or resident, the State(s) of transit and/or the
State of final destination.

(c) Except in cases of emergency, to be determined by the
Committee, all requests shall be received by the Chairperson
no less than five working days before the commencement date
of the proposed travel.

(d) All requests should include the following information,
with accompanying documents:

i. the name, designation, nationality and passport number(s)
of the person(s) undertaking the proposed travel.
ii. the purpose(s) for the proposed travel, with copies of
supporting documents furnishing details connected to the
request such as specific dates and times of meetings or
appointments.
iii. the proposed dates and times of departure from and
return to the country from which the travel commenced.
iv. the complete itinerary for such travel including the
points of departure and return and all transit stops.
v. details of the mode of transport to be used, including
where applicable, record locator, flight numbers and names of
vessels.
vi. a statement of specific justification for the exemption.

(e) Any request for extension(s) of exemptions approved by

USUN NEW Y 00000510 005 OF 005


the Committee under paragraph 10 of resolution 1718 (2006)
shall also be subject to the provisions above, and shall be
received by the Committee Chairperson in writing, attaching a
revised itinerary, no less than five working days before the
expiry of the approved exemption period, and circulated to
Committee members.

(f) The Committee shall receive written confirmation from the
government in whose territory the listed individual resides,
with supporting documents, confirming the itinerary and date
on which the listed individual traveling under an exemption
granted by the Committee returned to the country of
residence.

(g) Any changes to the required travel information previously
submitted to the Committee, particularly the points of
transit, shall require the prior approval of the Committee
and shall be received by the Committee Chairperson and
circulated to Committee members no less than two working days
prior to the commencement of the travel, except in cases of
emergency.

(h) The Committee Chairperson shall be immediately informed
in writing in the event of advancement or postponement of
travel for which the Committee has already issued an
exemption. Submission to the Committee Chairperson of written
notification will be sufficient in cases where the time of
departure is advanced or postponed no more than 48 hours and
the previously submitted itinerary remains otherwise
unchanged. If travel is to be advanced or postponed more than
48 hours before or after the date previously approved by the
Committee, then a new exemption request must be submitted,
and should be received by the Chairperson and circulated to
Committee members in conformity with paragraphs (a),(b) and
(c) above.

(i) In cases of emergency medical evacuations to the nearest
appropriate State, the Committee will determine whether the
travel is justified within the exemption of paragraph 10 of
resolution 1718 (2006),once notified of the name of the
traveler, the reason for travel, the date and time of
evacuation, along with flight details, including transit
points and destination(s) and shall also be promptly provided
with a doctor,s note containing as many details as possible
of the nature of the medical emergency and the facility where
treatment was received by the patient without prejudice to
the respect of medical confidentiality, as well as
information regarding the date, time, and mode of travel by
which the patient returned to his/her country of residence.


12. Communication and transparency
(a) The information received by the Committee will be kept
confidential if the provider so requests or if the Committee

SIPDIS
so decides. Elements of identification of individuals or
entities, once available, as well as any significant
modification to the lists will be promptly communicated to
all Member States through a Note Verbale from the
Chairperson. The updated lists will be made promptly
available on the web page of the Committee, and will be
published in a press release.
(b) The Chairperson may brief interested Member States and
the press following formal meetings of the Committee, unless
the Committee decides otherwise. In addition, the Chairperson
may be authorized, after prior consultations and with the
approval of the Committee, to hold press conferences or issue
press releases on any aspect of the Committee work.
WOLFF