USUN INSTRUCTION: U.S. IMPLEMENTATION OF UNSC

UNCLAS STATE 116273

SIPDIS

E.O. 12958: N/A
TAGS: EFIN ETTC KTFN PREL PTER XW UNSC
SUBJECT: USUN INSTRUCTION: U.S. IMPLEMENTATION OF UNSC
SUDAN SANCTIONS

REF: A. SCA/1/09(19)

B. UNSCR 1891 (2009)


1. This is an action request. USUN is requested to submit
the U.S. implementation report found in para 4 below to the
UN Security Council Committee established pursuant to
resolution 1591 (2005) concerning Sudan.

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STRATEGIC OBJECTIVE
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2. The strategic objective is to report on U.S.
implementation of the Sudan sanctions adopted by the Security
Council. The UNSC unanimously adopted resolution 1891 on 13
October 2009, which renewed the mandate of the Panel of
Experts for one year and added the following reporting
request in paragraph 5:
Encourages all States, in particular those in the region, to
report to the Committee on the actions they have taken to
implement measures imposed by resolutions 1591 (2005) and
1556 (2004).


3. UNSC resolution 1591 (2005) imposed a travel ban and asset
freeze on those individuals designated by the Sudan Sanctions
Committee as impeding the peace process, constituting a
threat to stability in Darfur and the region, committing
violations of international humanitarian or human rights law
or other atrocities, violating the arms embargo imposed by
UNSC resolution 1556 (2004),or being responsible for
offensive military overflights. UNSC resolution 1556 (2004)
imposed an arms embargo, which was expanded by resolution
1591 (2005) to apply to all entities and individuals
operating in Darfur.

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REPORT
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4. COVER NOTE: The Permanent Mission of the United States of
America presents its compliments to the Chair of the Security
Council Committee established pursuant to resolution 1591
(2005) concerning the Sudan, and has the honor to enclose the
United States' report on the implementation of the sanctions
imposed by United Nations Security Council resolutions 1591
(2005) and 1556 (2004). END COVER NOTE.


United States' Report on the Implementation of Sanctions
Imposed by United Nations Security Council Resolutions 1591
(2005) and 1556 (2004)

- Travel Ban -
Under the applicable provisions of the Immigration and
Nationality Act, the United States takes the necessary
measures to prevent the entry into or transit through the
United States' territories of individuals designated by the
Committee established pursuant to resolution 1591 (2005)
concerning the Sudan (herein "the Committee"),provided that
the individuals are not nationals of the United States.
Travel exemptions will be granted if the Committee determines
on a case by case basis that such travel is justified on the
grounds of humanitarian need, including religious obligation,
or if it will further the objectives for the creation of
peace and stability in Sudan and the region, or if the United
States is obliged to permit the travel due to the United
Nations Headquarters Agreement.

- Asset Freeze -
The United States takes the necessary measures to freeze
without delay the funds, other financial assets and economic
resources which are within the jurisdiction of the United
States, which are owned or controlled, directly or
indirectly, by the individuals or entities designated by the
Committee, or by individuals or entities acting on their
behalf or at their direction, or by entities owned or
controlled by them, as designated by the Committee.
Additionally, the United States ensures that any funds,
financial assets or economic resources are not made available
to or for the benefit of designated individuals and entities
by United States nationals or by any individuals or entities
within the territory of the United States. The U.S. may
authorize the release of frozen assets in certain compelling
circumstances.

The United States implements the asset freeze pursuant to
Presidential authorities under the Constitution and the laws
of the United States of America, including the International
Emergency Economic Powers Act (50 U.S.C. 1701 et seq.)
(IEEPA),the National Emergencies Act (50 U.S.C. 1601 et
seq.) (NEA),section 5 of the United Nations Participation
Act, as amended (22 U.S.C. 287c) (UNPA),and section 301 of
title 3, United States Code.

- Arms Embargo -
The United States complies with the arms embargo on Darfur
imposed by resolution 1556 (2004) and expanded by resolution
1591 (2005). The United States export controls are
implemented through the Arms Export Control Act and the
International Traffic in Arms Regulations. The U.S.
munitions export control system is designed to deny
adversaries and parties whose interests are inimical to those
of the United States access to U.S.-origin defense equipment
and technology. This function is administered by the
Directorate of Defense Trade Controls, U.S. Department of
State. The export control process is closely regulated and
excludes the participation of embargoed and other ineligible
parties in U.S. defense trade.

The United States takes the necessary measures to prevent the
direct or indirect supply, sale or transfer of weapons and
military equipment and the direct supply of technical
assistance or training, financial and other assistance
including investment, brokering or other financial services,
related to military activities or to the supply, sale,
transfer, manufacture, maintenance or use of weapons and
military equipment to the individuals and entities operating
in Darfur. The United States requires all U.S. persons that
manufacture or export defense articles, furnish defense
services, or U.S. and foreign persons engaged in arms
brokering to register with the Department of State. The
Department of State must approve a license application prior
to the export of defense articles or defense services. A
review of all parties to the proposed transactions, including
end-users, is made against a "Watch List," which includes
individuals and entities designated by the United Nations
Sanctions Committees. Pursuant to the U.S. Arms Export
Control Act, arms export control violations including
provision of defense equipment and technology to ineligible
persons and associate persons are subject to strict criminal
and civil penalties. Criminal penalties may include a jail
sentence of ten years and/or $1 million for each violation.
Possible civil penalties include debarment from participation
in U.S. defense trade and monetary penalties up to $500,000
per violation.

END REPORT.
CLINTON