INFORMATION SHARING FOR UN SANCTIONS IN DRC

S E C R E T STATE 090905 SIPDIS E.O. 12958: DECL: 08/20/2018 TAGS: EFIN ETTC KTFN PREL PTER ZF UNSC SUBJECT: INFORMATION SHARING FOR UN SANCTIONS IN DRC COMMITTEE REF: A. KIGALI 568 ¶B. STATE 086006 ¶C. PARIS 1100 ¶D. STATE 60880 Classified By: IO ACTING A/S HOOK FOR REASONS 1.4 (B) AND (D) ¶1. (U) This is an action request. USUN please see paras 2 and 3. Embassies Brussels, London, and Paris please see para 4. Embassy Paris please also see para 5. -------------- ACTION REQUEST -------------- ¶2. (SBU) USUN is requested to share the information in paragraph 6 with the Belgian, French and UK Missions to the UN. Please coordinate to obtain additional information, including identifiers and information demonstrating how the individuals meet designation criteria, for the joint submission to the UN Security Council Committee established pursuant to resolution 1533 (2004) concerning the Democratic Republic of the Congo (the DRC Sanctions Committee) for listing of the targets in para 12 in the near future and the potential targets in para 13 at some later point in time. The information we are seeking includes additional identifiers and information demonstrating how the individuals meet the designation criteria set out in paragraph 11 of UN Security Council resolution 1807 (2008). If there are additional names that governments would like listed that are not included in paras 12 and 13 please request full identifiers and background on how the individuals meet the listing criteria per UNSC resolution 1807 (2008) for our consideration. ¶3. (SBU) USUN is also requested to thank the Rwanda's mission again for their Government's extraordinary efforts to produce such a comprehensive submission. Please explain that we have reviewed the GOR list of proposed targets in great detail, along with other information, and we have developed a list of targets that we hope to be able to support with sufficient identifying and other information for Member States to effectively implement the sanctions. Please also explain that, in order to implement UN sanctions, the U.S. Government must be able to meet U.S. domestic legal requirements, which require adequate identifying information and information demonstrating that each target meets the listing criteria. Unfortunately, we were not able to meet those standards on some of the targets proposed by the Government of Rwanda. ¶4. (S) Embassies Paris, Brussels, and London are requested to engage full Country Teams to check for all available information and approach host governments to request additional identifying information for the individuals listed in paras 12 and 13 and for any other individuals that the host government plans to submit for listing by the DRC Sanctions Committee. The U.S. would also like host governments to consider moving Gaston IYAMUREMYE from Tier II to Tier I, as we believe the information we have on IYAMUREMYE (para 7 below) meets the requirements for listing in the DRC Sanctions Committee. The U.S. also requests governments consider adding Leodomir MUGARAGU to Tier I for listing in the near future, depending on the availability of relevant information. ¶5. (SBU) The French UN Mission in New York indicated they have significant identifiers and information on the potential targets in Tier II (para 13 below),which they said they will share with us, the UK, and Belgium. We would like the French to share that information with us, the UK, Belgians, and Rwandans at this time. -------------- STRATEGIC OBJECTIVE -------------- ¶6. (SBU) The objective is to obtain and share adequate identifiers and information demonstrating that targets meet the criteria for designation under UNSCR 1807 (2008) so that USUN, in coordination with other UN Missions, may propose these names for inclusion on the consolidated travel ban and asset freeze list maintained by the DRC Sanctions Committee. Passport numbers and dates of birth are particularly useful for listing. Other helpful identifying information includes: place of birth, aliases and AKAs, and current location. -------------- -------------- INFORMATION ON TARGETS FOR SHARING WITH HOST GOVERNMENTS -------------- -------------- ¶7. (SBU) - MBARUSHIMANA, Callixte Current Title: FDLR J-3; FDLR Deputy Executive Secretary Current Location: Paris, France; or Thiasis DOB: 24 July 1963 POB: Ndusu district, Ruhengeri Prefecture Northern Province, Rwanda Citizenship: Rwandan - RUZINDANA, Emmanuel Current Title: FDLR Political Commissioner Current Location: Sotteville les Rouen, France DOB: 1960 (est) POB: Gikongoro, Rwanda Citizenship: Rwandan - NZEYIMANA, Stanislas (Brigadier General) Current Title: Deputy Commander FOCA (since mid-2007); may be FDLR Vice President since April 2008. Current Location: Kibua North Kivu, DRC (according to French); Katoyi/Kalongi, North Kivu, DRC (according to Rwandans) Alias/AKAs: Gen. Brig. Bigaruka; Deo Izabayo; Mateso DOB: 1967 (est) POB: Butare (according to French) Citizenship: Rwandan - NTAWUNGUKA, Pacifique Current Title: First Division Commander FDLR or Commander of the North Division of FOCA Current Location: Peti, Walikale/Masisis border, North Kivu, DRC Alias/AKAs: Colonel Omega, Nzeri or Israel DOB: 1964 (est) POB: Gaseke, Western Province, Rwanda Citizenship: Rwandan Education: 16th promotion of ESM; Military training in Egypt - MUJYAMBERE, Leopold (Colonel) Current Title: Chief of the Reserve Bridgades of FOCA; FDLR CO second Division Current Location: Kasdindaba/Mwenga, South Kivu, DRC Alias/AKAs: Musenyeri; Achille; Petrus; Ibrahim DOB: 1966 (est) POB: Rulindo, North Province, Rwanda Citizenship: Rwandan Education: ESM 24th intake; Commando course in Belgium. - HAKIZIMANA, Apollinaire (Brigadier General) Current Title: FDLR Defense Commissioner Current Location: Kibua, North Kivu, DRC Alias/AKAs: Lepic Amikwe; Poete; DOB: 1964 (est) POB: Gatsiza former Gikongoro Prefecture, Western Province, Rwanda Citizenship: Rwandan Education: ESM 20th intake, intel Courses in Egypt and Italy Worked in intelligence Department in 1994 Shareholder in Radio Television des Milles Collines While in the camps in DRC he was a commandant in Goma. Previously head of ALIR's department of military intelligence (G2). A major FDLR policy maker and shares responsibility in crimes committed by the FDLR/FOCA. - IYAMUREMYE, Gaston Current Title: Second Vice President of FDLR Current Location: Kibua, DRC Alias/AKAs: BYILINGIRO, Michel; RUMURI, Victor; DOB: 1948 (est) POB: Ruhengeri, Rwanda Citizenship: Rwandan Education: Master's degree in electro-mechanics, Belgium; ESM 14th intake. - MUGARAGU, Leodomir Current Title: Brigadier General, FOCA Chief of Staff Current Location: Kalonge/Masisi/North Kivu Alias/AKAs: Leon Manzi, Leon Mansi DOB: 1953 (est.) POB: Rushashi, Northern Province Citizenship: Rwandan Education: ESM 15th intake - NGILINSHUTI, Juma Citizenship: Rwandan - DUSABE, Enock Citizenship: Rwandan - NZABAMWITA, Felicien (Lt. Col.) Current Title: Commander Reserve Brigade Current Location: Ngingo/Kibua/Masisi/North Kivu Alias/AKAs: Kalume, Andre; Lucien Nzabamwita DOB: 1966 (est.) POB: Cyangugu Citizenship: Rwandan Education: ESM 28th intake - BIZENGIMANA, Sam Abraham Kunda Current Title: 2 BnCO/2nd Division Current Location: Kasheshe towards Kashindaba-Kabale District Alias/AKAs: Mutima, Ido DOB: 1971 POB: Rusenyi, Western Province Citizenship: Rwandan Education: ESM 29th intake - NSENGIYUNVA, Venuste Citizenship: Rwandan - NIZEYIMANA, Wenceslas - NTABERESHYA, Kiyombe Citizenship: Rwandan -------------- BACKGROUND -------------- - STATUS OF FDLR DESIGNATIONS AT UN - ¶8. (SBU) In May, the Government of Rwanda submitted nineteen FDLR targets for listing by the DRC Sanctions Committee. The U.S., France, the UK, and Belgium placed a hold on the submission by the Government of Rwanda (GOR) in order to evaluate the information available for each proposed target. In order to be responsive to the GOR, we need to lift our hold and indicate our objection to or support for the listing by the DRC Sanctions Committee of each of the GOR proposed targets. - U.S. SANCTIONS PROCESS - ¶9. (C) Before the U.S. can agree to the listing of individuals or entities (targets) by the UN Security Council or its sanctions committees, we must be able to domestically designate each target. In the absence of a domestic designation, we will not be able to implement our UN obligation to freeze assets. The U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC) compiles information to create an "evidentiary package" for each target for designation. In order to meet U.S. legal sufficiency requirements, each package includes information from multiple sources, and has: a) adequate unclassified identifiers (e.g., DOB, POB, AKAs, aliases, passport number & issuing country, address, title); and b) information demonstrating that the individual meets the criteria for listing in UNSCR 1807 (2008) and the corresponding U.S. domestic authority (Executive Order 13413). ¶10. (SBU) In order to build support for listing proposals, the U.S. typically consults with other Council members in advance of submitting targets for designation by the UN Security Council or its sanctions committees. UNSC decisions are made by an affirmative nine votes of the Council, including concurring votes of the five permanent members. The UNSC sanctions committees operate by consensus, so any one of the 15 Member States can block or place a hold on listing submissions (as we did on the Rwandan submission). It is therefore almost always in our best interest to consult first with like-minded Council members prior to proposing targets for listing in the sanctions committees. We request the same of our allies in order to minimize public disagreements in the sanctions committees and potential damage to our bilateral relationships. - UNSC DRC Sanctions Committee Discussions with Allies - ¶11. (S/REL FRANCE, UK, and BELGIUM) USUN has had consultations with the French, Belgian, and UK Missions to the UN regarding the GOR submission, and two potential tiers of targets were established (paras 12 and 13 below). The French will not agree to listing targets if the only source of information on the target is the GOR. Tier I includes targets for which our governments have significant information, and it is believed we can move to designate in the next 30 days. France, Belgium, and the UK were agreeable to add Apollinaire HAKIZIMANA to Tier I, even though they do not have information on this individual, based on assurances that we will provide them with sufficient information to designate. The potential targets in Tier II (with the exception of #1 - Gaston IYAMUREMYE - for whom we have sufficient information to designate),were French suggestions. - Two Tiers of Targets - ¶12. (SBU) Tier I ¶1. Mbarushimana, Callixte ¶2. Ruzindana, Emmanuel ¶3. Nzeyimana, Stanislas ¶4. Ntawunguka or Ntawungula, Pacifique ¶5. Mujyambere, Leopold ¶6. Hakizimana, Apollinaire ¶13. (SBU) Tier II - POTENTIAL TARGETS ¶1. Byilingiro, Victor / Iyamuremye, Gaston ¶2. Njilinshuti or Ngilinshuti, Juma ¶3. Dusabe, Enock ¶4. Nzabamwita, Felicien ¶5. Bisengimana, Abraham Sam or Abraham Kunda ¶6. Nsengiyunva, Venuste ¶7. Nizeyimana, Wenceslas ¶8. Ntabareshya, Kiyombe - UNSC DRC Sanctions Committee Listing Criteria - ¶14. (U) The Committee Guidelines and all relevant resolutions are on the UNSC website - www.un.org/sc/committees/1533/index.shtml. The listing criteria are listed in operative paragraph 13 of resolution 1807 (2008). -------------- POC AND REPORTING DEADLINE -------------- ¶15. (U) Jean T Clark (clarkjt@state.sgov.gov, 202.736.7736) in IO/PSC is the point of contact. Reporting deadline is 29 August 2008. ¶16. (U) Department appreciates Posts' efforts. RICE