USUN INSTRUCTION: OBJECT TO LIBERIA FOCAL POINT

UNCLAS STATE 012334 SENSITIVE SIPDIS E.O. 12958: N/A TAGS: EFIN ETTC KTFN LI PREL PTER UNSC SUBJECT: USUN INSTRUCTION: OBJECT TO LIBERIA FOCAL POINT DELISTING REQUEST FOR NAYDO REF: A. S/AC.41/2009/OC.9 ¶B. 08 STATE 50539 ¶C. S/AC.41/2008/COMM.7 ¶1. (U) This is an action request. USUN is requested to block the Ukrainian request to delist Valeriy Naydo. -------------- BACKGROUND -------------- ¶2. (U) Valeriy Naydo, a Ukrainian national, has been described as Viktor Bout's number two man in South Africa. He was a former pilot for Bout and one of the directors of a Bout front company. Naydo was also the CEO of holding company that Bout organized, which was used in the Liberian arms trade. ¶3. (U) Valeriy Naydo (AKA: Valerii Naido; DOB: 10 August 1957; Ukrainian Passports: AC251295 and KC024178) is listed subject to the measures imposed by paragraph 4 of UN Security Council Resolution 1521 (2003) concerning Liberia, which include a travel ban and asset freeze. Naydo was also listed by the U.S. Department of Treasury's Office of Foreign Asset Control (OFAC) as a Specially Designated National (SDN) on 26 April 2005. ¶4. (SBU) Valeriy Naydo petitioned OFAC for delisting from the SDN list in December 2006. In May 2007, OFAC requested Naydo answer a list of questions and provide supporting documentation. Naydo did not respond to OFAC's request for additional information. The Ukrainian Mission to the UN approached USUN in March 2008 to seek support for Naydo's delisting, explaining that the Government of Ukraine had examined Naydo's case and determined that he was innocent of the allegations made against him by the Security Council. USUN informed the Ukrainian Mission that the USG did not have sufficient evidence to delist Naydo, and invited Ukraine to provide USUN with additional information to support his delisting, which Ukraine refused to do. Nonetheless, on 28 April 2008, the Ukrainian Mission submitted a request to the Liberia Sanctions Committee for Naydo's delisting, which was discussed in an informal Liberia Sanctions Committee meeting on 7 May 2008. USUN explained that the U.S. could not agree to Naydo's delisting until it received independently verifiable evidence that Naydo no longer met the criteria for sanctions. Committee decisions cannot be made in informal meetings, and thus the Ukrainian delisting request was circulated with a No Objection deadline of 4:00 PM, 15 May ¶2008. The U.S. objected to Naydo's delisting. ¶5. (U) The Ukrainian Government has once again requested that Valeriy Naydo be delisted, and the GOU request will be discussed on Friday, 13 February at an informal meeting of the UNSC Liberia Sanctions Committee. However, Naydo has not provided concrete information disputing his role with Viktor Bout's front companies in the past or present. It is not possible to properly evaluate Naydo's delisting request until Naydo provides information indicating that he has broken from Viktor Bout's companies and proof of current employment. ¶6. (U) Department appreciates Mission's efforts. CLINTON