Identifier
Created
Classification
Origin
09STATE3354
2009-01-13 19:19:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
Secretary of State
Cable title:  

4 NAMES TO BE ADDED TO UNSC DRC SANCTIONS

Tags:  EFIN ETTC KTFN PREL PTER ZF UNSC 
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VZCZCXYZ0002
OO RUEHWEB

DE RUEHC #3354 0131928
ZNR UUUUU ZZH
O R 131919Z JAN 09
FM SECSTATE WASHDC
TO RUEHBS/AMEMBASSY BRUSSELS IMMEDIATE 0000
RUEHLGB/AMEMBASSY KIGALI IMMEDIATE 0000
RUEHLO/AMEMBASSY LONDON IMMEDIATE 0000
RUEHFR/AMEMBASSY PARIS IMMEDIATE 0000
INFO RUEHKI/AMEMBASSY KINSHASA 0000
RUCNDT/USMISSION USUN NEW YORK 0000
RHEHNSC/NSC WASHINGTON DC 0000
RUEATRS/TREASURY DEPT WASHINGTON DC 0000
UNCLAS STATE 003354 

SENSITIVE
SIPDIS

E.O. 12958: N/A
TAGS: EFIN ETTC KTFN PREL PTER ZF UNSC
SUBJECT: 4 NAMES TO BE ADDED TO UNSC DRC SANCTIONS
COMMITTEE'S LIST

REF: A. STATE 731

B. 08 STATE 131896

C. 08 PARIS 1695

D. 08 USUN 808

E. 08 BRUSSELS 1346

F. 08 LONDON 2196

G. 08 STATE 90905

H. 08 KIGALI 568

I. 08 STATE 86006

J. 08 PARIS 1100

K. 08 STATE 60880

UNCLAS STATE 003354

SENSITIVE
SIPDIS

E.O. 12958: N/A
TAGS: EFIN ETTC KTFN PREL PTER ZF UNSC
SUBJECT: 4 NAMES TO BE ADDED TO UNSC DRC SANCTIONS
COMMITTEE'S LIST

REF: A. STATE 731

B. 08 STATE 131896

C. 08 PARIS 1695

D. 08 USUN 808

E. 08 BRUSSELS 1346

F. 08 LONDON 2196

G. 08 STATE 90905

H. 08 KIGALI 568

I. 08 STATE 86006

J. 08 PARIS 1100

K. 08 STATE 60880


1. (U) This is an action request. Please see para 3.

--------------
STRATEGIC OBJECTIVE
--------------

2. (SBU) The United States wishes to lift our holds on a
Government of Rwanda request to the UN Security Council
Committee established pursuant to resolution 1533 (2004)
concerning the Democratic Republic of the Congo ("the DRC
Committee") to list four individuals (para 7) linked to the
Forces Democratiques de Liberation du Rwanda ("FDLR"). Once
listed, these four individuals will be subject to an asset
freeze and travel ban.

--------------
ACTION REQUEST
--------------

3. (U) Embassy Kigali is instructed to present to the
Government of Rwanda (GOR) and to ask whether the GOR would
care to present these enhanced Statements of Case (para 8) to
the DRC Committee as its own. Embassies London and Paris are
requested to inform host governments that we believe this
approach best serves our goals to enhance transparency and
due process in UNSC sanctions regimes. Posts may draw on the
points in paragraphs 9 and 10 below when discussing with host
governments.

--------------
BACKGROUND
--------------

4. (SBU) In May 2008, the Government of Rwanda requested that
the UN Security Council DRC Sanctions Committee list nineteen
individuals linked to the FDLR. The GOR submission was
twelve pages long, and it was clearly resource-intensive to
produce. However, the submission was not fully supported by
complete identification information ("bio-identifiers") for
each individual and information demonstrating that each
individual meets the listing criteria. This information is
necessary in order to ensure that there are fair and clear
procedures for implementing UN sanctions. Therefore, U.S.,
UK, Belgium, and France placed holds on the entire GOR
submission.


5. (SBU) The U.S. thanked the GOR for its extraordinary

effort and expressed a desire to work with the GOR to list as
many of the individuals as possible. Since May 2008, the
USG has worked to develop "evidentiary packages" (the
compilation of all necessary information) for the
individuals, and during this process we learned of additional
bio-identifiers than those provided by the GOR. The U.S. can
now agree to the DRC Committee listing the four individuals
from the GOR submission listed in para 7, and has shared
information in New York and in capitals with a view to
jointly lifting the holds.


6. (SBU) Given events in the DRC, allies have been anxious to
take action as soon as possible, and we share the desire to
move forward on this listing as soon as possible. It is
important for countries in the region to make listing
proposals so that sanctions are not viewed as a mere tool of
the U.S., UK, and France.

--------------
INDIVIDUALS
--------------

7. (U) Names

(1) MBARUSHIMANA, Callixte
(2) NTAWUNGUKA, Pacifique
(3) MUJYAMBERE, Leopold
(4) NZEYIMANA, Stanislas

--------------
STATEMENTS OF CASE
--------------

8. Statements of Case to be provided to the DRC Committee:

(1) MBARUSHIMANA, Callixte
AKA: -
Title: FDLR Executive Secretary
DOB: 24 July 1963
POB: Ndusu/Ruhengeri, Northern Province, Rwanda
Nationality: Rwandan
Location: Paris or Thiais, France
Designation Justification: Callixte Mbarushimana is a
military leader of a foreign armed group operating in the
Democratic Republic of the Congo that impedes the
disarmament, repatriation, or resettlement of combatants.

(2) NTAWUNGUKA, Pacifique
AKA: NTAWUNGULA, Pacifique
AKA: Colonel Omega
AKA: Nzeri
AKA: Israel
Title: Commander of FDLR 1st Division
Title: Colonel
DOB: 01 January 1964
DOB: Est. 1964
POB: Gaseke, Gisenyi Province, Rwanda
Nationality: Rwandan
Location: Peti, Walikale - Masisi Border, DRC
Designation Justification: Pacifique Ntawunguka is a
political leader of a foreign armed group operating in the
Democratic Republic of the Congo that impedes the
disarmament, repatriation, or resettlement of combatants.

(3) MUJYAMBERE, Leopold
AKA: Ibrahim, Frere Petrus
AKA: Musenyeri
AKA: Achille
Title: Commander, FDLR CO 2nd Division
Title: Colonel
DOB: 17 March 1962
DOB: Est. 1966
POB: Kigali, Rwanda
Nationality: Rwandan
Location: Mwenga, South Kivu Province, DRC
Designation Justification: Leopold Mujyambere is a
military leader of a foreign armed group operating in the
Democratic Republic of the Congo that impedes the
disarmament, repatriation, or resettlement of combatants.

(4) NZEYIMANA, Stanislas
AKA: BIGARUKA IZABAYO, Deogratias
AKA: Bigarura
AKA: Bigaruka
AKA: Izabayo Deo
Title: Deputy Overall Commander FOCA
Title: Brig. General
DOB: 01 January 1966
DOB: Est. 1967
DOB: alt. 28 August 1966
POB: Mugusa (Butare),Rwanda
Nationality: Rwandan
Location: Kalonge, Masisi, North Kivu, DRC
Location: Kibua, DRC
Designation Justification: Stanislas Nzeyimana is a
military leader of a foreign armed group operating in the
Democratic Republic of the Congo that impedes the
disarmament, repatriation, or resettlement of combatants.

--------------
POINTS FOR DISCUSSION
--------------

9. (U) Posts may draw on the following points in discussions
with the Government of Rwanda:

-- The U.S. would like to thank the GOR again for its
extraordinary effort and wants to work with the GOR to list
as many of the individuals as possible.

-- In order to ensure UN sanctions are implemented in as fair
and transparent a manner as possible, each listing should be
supported by adequate identifying information and information
demonstrating that each individual meets the listing
criteria.

-- The Government of Rwanda's submission was clearly the
result of much effort. However, some supporting information,
particularly bio-identifiers, required for effective
implementation of UN sanctions was not included.

-- The U.S. has developed additional identifier information
for four of the individuals (found in para 8) in the GOR,s
submission. The U.S. stands ready to support these four
listings once the UNSC DRC Sanctions Committee has the
additional identifiers.

-- The U.S. respectfully requests the GOR consider
resubmitting these four individuals for listing with the
additional information, to the DRC Committee.

-- Once the new submission is made, there will be a five day
no objection deadline during which the 15 members of the
Committee will review the information. We are confident the
DRC Committee Members will be agreeable to the listing of the
four individuals when the additional information is presented.


10. (U) Posts may draw on the following points in discussions
with the Governments of the UK, France, and Belgium:

-- The Government of Rwanda's submission was clearly
resource-intensive to produce. We should be respectful of
the work they have done, and allow them to take the lead as
the designating state.

-- We (U.S., UK, Belgium, and France) can cosponsor the
designations, but we should not submit the four names as our
own new submission, because this would discourage Rwanda's
efforts.

-- Non-western governments, particularly those with strong
interests in a particular sanctions regime, should be
encouraged to propose listings. A lack of their
participation can fuel the perception that sanctions
committees are primarily a tool of western governments.

-- Blocking the GOR submission and submitting the names as
our own proposal would likely discourage other countries from
proposing names for designation.

-- Every listing in the DRC Committee has been submitted by
the UK, France and the U.S. It is an important development
that a country from the region is trying to work within the
UN sanctions program to pressure bad actors in the conflict.

--------------
POC AND REPORTING DEADLINE
--------------

11. (U) Jean Clark in IO's Office of Peacekeeping, Sanctions,
and Counterterrorism (clarkjt@state.sgov.gov, 202.736.7736)
is the point of contact. Reporting deadline is 16 January.



12. (U) Department appreciates Posts' efforts.
RICE