RUSSIANS SEEK ADOPTION OF WORKING PAPER ON

C O N F I D E N T I A L USUN NEW YORK 000890

SIPDIS

SIPDIS

E.O. 12958: DECL: 10/18/2017
TAGS: UNGA
SUBJECT: RUSSIANS SEEK ADOPTION OF WORKING PAPER ON
SANCTIONS

Classified By: Carolyn Willson, Minister Counselor, for
reasons 1.4(b) and (d).


1. (U) Action Request: para 8.


2. (U) BEGIN SUMMARY: The Russians have circulated a paper,
entitled "Working paper on the basic conditions and standard
criteria for the introduction and implementation of sanctions
and other coercive measures," (A/AC.182/L.114/Rev.2) and
proposed that the General Assembly adopt it during the 62nd
session. END SUMMARY.


3. (U) The working paper on sanctions is a substantially
revised version of a proposal Russia first presented to the
Special Committee on the Charter of the United Nations and on
the Strengthening of the Role of the Organization in 1997.
In the ten years since then, the Charter Committee has
discussed the Russian paper at its annual meetings, and
Russia has circulated a series of revisions that incorporate
delegations' comments. The Charter Committee has not reached
consensus on it, and USUN has consistently advised the
Russians that the United States does not see a need for the
General Assembly to adopt the paper, particularly since it
could duplicate the work of the Security Council. Notably
and usefully, however, Russia's paper has served to deflect
delegations' attention from two more problematic proposals on
sanctions, proposed by Libya and Cuba.


4. (U) Two years ago, the Russian delegation advised USUN
that it sought a "face saving" way to remove its paper, along
with other longstanding Russian proposals, from the Charter
Committee's agenda and appealed to USUN for flexibility.
Since then, the Charter Committee has taken many of the
Russian proposals off its agenda, without adopting any of
them in substance. Russia's paper on sanctions, along with a
Russian/Belarussian proposal for the General Assembly to seek
an advisory opinion from the International Court of Justice
are the only two proposals that remain. The proposal to seek
an advisory opinion on the legality of the use of force
without prior authorization from the Security Council is
particularly problematic. On October 19, the Russian
Mission's legal officer advised USUN's legal adviser that the
Russians would be willing to withdraw their proposal to seek
an ICJ advisory opinion if the Charter Committee could agree
to its paper on sanctions.


5. (U) At its 252nd meeting, held on February 15, the
Charter Committee had adopted by consensus a recommendation
for the Committee to continue to consider Russia's working
paper "on a priority basis." The Russians have now amended
many of the most objectionable provisions setting forth
mandatory terms for imposing sanctions. Formerly problematic
language in many cases is now hortatory, or has been amended
to add phrases like "as appropriate." In addition, several
paras of the text are consensus language from the "Outcome
Document," A/Res/60/1.


6. (U) Since Russia has revised its paper significantly,
since it has already invested ten years on the paper, since
it has suffered the defeat of many of its other longstanding
proposals before the Charter Committee, and since there is
widespread GA concern about the Security Council's imposition
of sanctions, Russia is pressing hard for the Committee to
adopt its paper. Although the revised text is not acceptable
as drafted, in particular because it still contains language
concerning the humanitarian and socio-economic consequences
of sanctions that could constrain the Security Council, it
could serve as the basis for discussion.


7. (U) During the Sixth Committee's debate on the Charter
Committee report October 16 and 17, many delegations
expressed support for the Russian paper and said the Sixth
Committee should convene a Working Group this fall to
complete consideration of the paper. In the U.S. statement,
USUN noted that the United States does not believe that the
Charter Committee should aim to devise norms concerning the
design and implementation of sanctions. Similarly, Portugal,
speaking on behalf of the European Union, cited several
Security Council initiatives to make sanctions fairer and
more effective, argued that the Security Council has
addressed concerns about the conditions and criteria for the
introduction and implementation of sanctions, and concluded
that the Charter Committee should take these developments
into account when considering its future work on this issue.


8. (U) On the margins of the Sixth Committee debate, USUN
advised the Russian delegation of U.S. concerns about
convening a Working Group this fall and said it could not
support the draft paper. In response, the Russian delegation
complained that the U.S. view is "extreme" and argued that
the revised paper is anodyne and accommodates delegations'
concerns. If the United States refuses to support continuing
discussions of the paper, the Russian delegation said it
would consult with Moscow to determine whether Russia would
present the paper for a vote in the Sixth Committee. (If the
Russians put the paper forward for a vote, the Sixth
Committee will adopt it overwhelmingly.)


9. (C) On October 17, the Chairman of the Sixth Committee
invited delegations' views on Russia's proposal to establish
a Working Group of the Sixth Committee to discuss the Russian
paper this fall. Portugal, speaking on behalf of the
European Union, expressed concern that the Sixth Committee's
schedule this fall is full. (Privately, they told USUN they
would, if pressed, engage in a discussion of the paper.)
Russia asked the Chairman for time to hold an informal
meeting to discuss its paper. USUN and Norway then both
noted that the Sixth Committee's work program does not
provide for another Working Group and said we would have to
seek instructions on the proposal. The Chairman concluded by
recommending that Russia continue its informal consultations
with delegations on how best to proceed.


10. (C) Although it is not clear whether the Russians will
follow through on their threat to push the paper to a vote,
it is unlikely that they will abandon this project. If the
Russians push to discuss it during the current GA session,
USUN can boycott the discussions and vote no on the document
produced or engage in the discussion with the objective of
delaying completion and/or improving the text to make it
acceptable. Action Request: Instructions requested on
whether to attend discussions of the revised sanctions draft,
which Russia is convening at 3 p.m. on October 22. End
Action Request.


KHALILZAD