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.

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ACTION REQUEST
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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.

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STRATEGIC OBJECTIVE
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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.

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INFORMATION ON TARGETS FOR SHARING WITH HOST GOVERNMENTS
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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

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BACKGROUND
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- 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).

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POC AND REPORTING DEADLINE
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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