USUN INSTRUCTION: U.S. IMPLEMENTATION OF UNSC

UNCLAS STATE 033405

SIPDIS

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

REF: UNSCR 1844 (2008)


1. This is an action request. USUN is requested to submit
the U.S. implementation report found in para 2 below to the
UN Security Council Committee established pursuant to
resolution 751 (1992) concerning Somalia.

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REPORT
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2. 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 751
(1992) concerning Somalia, and has the honor to enclose the
United States, report on the implementation of the sanctions
imposed by United Nations Security Council resolution 1844
(2008). END COVER NOTE.


United States' Report on the Implementation of Sanctions
Imposed by United Nations Security Council resolution 1844
(2008)

United Nations Security Council resolution 1844 ("UNSCR
1844") adopted 20 November 2008 expanded the Somalia
sanctions regime from a comprehensive arms embargo to include
targeted measures. Those designated by the Security
Council's Committee established pursuant to resolution 751
(1992) concerning Somalia ("the Committee") are subject to an
asset freeze, travel ban, and arms embargo wherever they are
located. The comprehensive arms embargo on Somalia is still
in effect. The Security Council decided in paragraph 25 of
UNSCR 1844 that all Members States shall report to the
Committee on the steps they have taken with a view to
implementing paragraphs 1 to 7 of the resolution.

- Travel Ban -
Under the applicable provisions of the Immigration and
Nationality Act, the United States will take the necessary
measures to prevent the entry into or transit through the
United States' territories of individuals designated by the
Committee, provided that the individuals are not nationals of
the United States (paragraph 1). Travel exemptions will be
granted if the Committee determines the travel to be
justified on the grounds of humanitarian need, including
religious obligation, or if it will further the objectives of
peace and national reconciliation in Somalia and stability in
the region (paragraph 2),or if the United States is obliged
to permit the travel due to the United Nations Headquarters
Agreement.

- Asset Freeze -
The United States will take 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 shall ensure 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 (paragraph 3).

Asset freeze exemptions will be granted if the United States
determines they are necessary for basic expenses,
extraordinary expenses, or to satisfy a judicial,
administrative or arbitral lien or judgment, provided the
lien or judgment was entered into prior to 20 November 2008,
is not for the benefit of a designated individual or entity,
and has been notified to the Committee (paragraph 4).

The United States will permit the addition to the accounts
frozen of interest or other earnings due on those accounts or
payments due under contracts, agreements or obligations that
arose prior to the date on which those accounts became
subject to the provisions of UNSCR 1844; any such interest,
other earnings and payments will continue to be subject to
the provisions of UNSCR 1844 and will be frozen (paragraph
5). The United States will implement 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 general and complete arms
embargo against Somalia imposed by resolution 733 (1992),as
elaborated and amended by resolutions 1356 (2001),1425
(2002),1725 (2006),1744 (2007) and 1772 (2007). The United
States export controls are implemented through the Arms
Export Control Act and the International Traffic in Arms
Regulations (paragraph 6). 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 will take 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
designated by the Committee (paragraph 7). 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
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