UNSC SOMALIA SANCTIONS COMMITTEE: BIOIDENTIFIERS

C O N F I D E N T I A L STATE 052684 SIPDIS E.O. 12958: DECL: 05/20/2034 TAGS: EFIN ETTC KTFN PREL PTER XW UNSC SUBJECT: UNSC SOMALIA SANCTIONS COMMITTEE: BIOIDENTIFIERS FOR FRENCH TARGETS REF: A. PARIS 681 ¶B. STATE 49092 ¶C. USUN 475 ¶D. USEU BRUSSELS 616 ¶E. USEU BRUSSELS 517 ¶F. USUN 28 Classified By: IO A/S ESTHER BRIMMER FOR REASONS 1.4 (B) & (D) ¶1. (U) This is an action request; please see para 3. -------------- STRATEGIC OBJECTIVES -------------- ¶2. (U) The strategic objective is to reaffirm to France that the United States can only support UN sanctions against those targets for which we have sufficient unclassified bio-identifiers and unclassified information demonstrating the individual or entity meets the designation criteria. -------------- ACTION REQUEST -------------- ¶3. (U) USUN and Embassy Paris are requested to inform the French that the United States, like the French, considers fairness and transparency to be of utmost importance in imposing targeted sanctions. We can only implement such sanctions domestically, and hence can only agree to UN designation, when there are adequate unclassified bio-identifiers (see para 8 below) for the U.S. and other UN Member States to be able to implement the sanctions as well as unclassified information demonstrating the target meets the criteria for designation (see para 9 below). While the U.S. does not object to the French sharing their list of targets with the UNSC Somalia Sanctions Committee's Monitoring Group, this does not mean we agree to these targets being designated absent additional information. Additionally, we request the French share their list with other relevant countries, i.e., Djibouti for Djebruah, Canada for Aburashid Abdulahi Abduli, and Ethiopia for Mohamed Abdi Afweyne, to see if those countries can provide additional bio-identifiers, e.g., passport numbers. We welcome further discussions in New York with France and the UK to develop an agreed P-3 list of targets to submit to the Somalia Sanctions Committee. However, the work of assembling adequate supporting information (including bio-identifiers) must take place in capitals. -------------- BACKGROUND -------------- ¶4. (U) The UN Security Council Committee established pursuant to resolution 751 (1992) concerning Somalia ("the Committee") was initially established to oversee implementation of the general and complete arms embargo. On 20 November 2008, the Security Council adopted resolution 1844 authorizing the Committee to designate for an asset freeze, travel ban, and targeted arms embargo those individuals and entities threatening the peace, security, or stability of Somalia; violating the arms embargo; or obstructing delivery, access, or distribution of humanitarian assistance. The Committee has not yet designated any individuals or entities. ¶5. (SBU) Many in the international community have recently expressed concerns regarding the legitimacy and effectiveness of UN sanctions, highlighted by numerous European Union judicial challenges; questions about the fairness, weak coordination, and follow-through on implementation; and lingering misperceptions about the humanitarian impact of sanctions (reftels D, E, and F). Targeted sanctions should be implemented as fairly and transparently as possible, and each listing should be supported by adequate bio-identifiers and information demonstrating that the listing meets the designation criteria in order to avoid further criticism and lawsuits. ¶6. (C/REL FRANCE) The French UN Mission shared with USUN the list in para 10 of fourteen individuals linked to piracy whom France would like designated by the Committee for having violated the Somalia arms embargo and/or impeded the delivery of humanitarian assistance (reftel C). All of the individuals on this list are in some way connected to abductions or attacks on French ships. Per the French UN Mission's request, the United States will keep this list confidential on a bilateral basis. The U.S. requested the French provide additional bio-identifiers and information demonstrating that each target they proposed meets the designation criteria (reftel B). France has not provided additional information, but requests the U.S. agree to the French proposing these fourteen targets for designation in the UNSC Somalia Sanctions Committee (reftel A). ¶7. (C/REL FRANCE) The U.S. will object to any request for a listing under UNSC resolution 1844 (2008) that lacks basic bio-identifier information because banks and others cannot implement an asset freeze without such information. We cannot agree to designations unless we are confident that we can implement them. We want to support the French efforts to list viable targets in the UNSC Somalia Sanctions Committee, but insufficient bio-identifiers is not a problem we can overlook to reach P-3 unanimity. We also need to be sure there is sufficient unclassified supporting information to explain how the activities of the targets meet the criteria for listing. Without a clearly laid out, well-documented case, we will run afoul of critics of UN sanctions regimes who claim that sanctions are imposed in a non-transparent fashion and cannot be effectively implemented by Member States. The French indicated in Paris that they would like the P-3 coordination of targets to occur between our UN Missions in New York. It is appropriate for discussions on the target list to occur in New York; however, the work of assembling adequate supporting information (including bio-identifiers) must take place in capitals. -------------- BIO-IDENTIFIERS -------------- ¶8. (U) Posts are to request as much of the following UNCLASSIFIED information as can be provided (date of birth being the most critical). If exact information is not available, please request that France provide whatever information is available (for example, years of birth and current believed locations would be useful, even if specific dates of birth and addresses are not available): - Full name - Aliases and AKAs - Passport number(s) or National Identification Number and country of issuance - Citizenship - Date of Birth (ideally, a precise date; if not, the year of birth) - Place of birth - Current location - Professional title -------------- DESIGNATION CRITERIA -------------- ¶9. (U) Operative paragraph 8 of UNSC resolution 1844 decided the asset freeze, travel ban, and targeted arms embargo would apply to individuals and entities designated by the Committee: (a) as engaging in or providing support for acts that threaten the peace, security or stability of Somalia, including acts that threaten the Djibouti Agreement of 18 August 2008 or the political process, or threaten the Transitional Federal Institutions (TFIs) or the African Union Mission in Somalia (AMISOM) by force; (b) as having acted in violation of the general and complete arms embargo; (c) as obstructing the delivery of humanitarian assistance to Somalia, or access to, or distribution of, humanitarian assistance in Somalia. -------------- INDIVIDUALS -------------- ¶10. (C/REL FRANCE) Posts should express appreciation for the information the French UN Mission in New York provided USUN (repeated verbatim below) and request all available bio-identifier information on each target (see para 8 above) and information demonstrating that each target meets the designation criteria (see para 9 above). While clan affiliation is important identifying information in Somalia, it will not likely suffice on its own without additional bio-identifiers to ensure fair and transparent application of the sanctions. ¶1. Abdi Mohamed Mahamoud Hussein, aka Mohamed Garad - former leader of the "Somali Marines", from the Issa Mohamud under clan, one of the main supporters of piracy and investors, implicated in the hijacking of a least 4 ships, "BBC Trinidad," "Iran Deyanat", "Stella Maris" and Bunga Melati Dua". May have taken part in the capture of other ships such as "Irene and "Bright Ruby"; came on board of the Ukrainian ship MV Faina in November 2008 to try to buy some of the armament that was in the ship. ¶2. Abdiqafar Abdi Hussein, aka Hukun - one of the alleged financiers of the capture of the Sirius Star, and one of those who supported the hijacking of the "Ponant" ship in April 2008. He has become one of the main organizers of pirate attacks in the Garacad region. ¶3. Shire Haji Youssouf - works for the Department of Ports and Fishing in Caluula, officer of the Criminal Investigation Department for the Bari region, financier of groups of pirates in Puntland. He is the husband of the daughter of the sister of former President of Puntland Adde Muse, who protects him. ¶4. Djebruah - alleged financier of the attack against the ship "Ponant". Travels a lot (would have been in Djibouti in April 2008),recruiting officer of young pirates with Aburashid Abdulahi Abduli, provides vehicles, ships, and weapons. ¶5. Aburashid Abdulahi Abduli, aka Boyah - a member of the darod majertine issa Mahamud clan, implicated in the hijacking of the "Ponant" ship. He travels with a Canadian passport. He would be linked to the group of Mohamed Garad. Was in jail in Puntland, but was freed thanks to his supporters in the Puntland administration. ¶6. Osman Youssouf - leader of the group of the Bari region. He is one of the influential members of the Darod Majertine clan, and the elder son of Adiaziz Aw Youssouf, aka Abdiaziz Harin, mayor of Jarrban. He is directly responsible for the abductions of French journalist Gwen Legouil on 16 December 2007, of the NGO humanitarian workers of Medicine Sans Frontiere on 26 December 2007 and of a German citizen in Boosaso on 21 September 2008. ¶7. Abshir Ato, from the Darod Siwaq-roon clan - implicated in the hijacking of the ships Carre d'As and Yenegoa Ocean. He was arrested by Puntland police, but freed by his protectors. ¶8. Munye Said Omar - Member of the Parliament of Somalia, leader of the firm "Shifco", owner of several ships active in Aden, alleged partner in business operations with the son of Yemeni President Ali Abdallah Saleh. Would provide some ships to pirates, and terrorize fishermen to keep the monopoly of the exploitation of the fishing resources of Somalia. Actively supported the candidature of former Somali President Abdullah Youssouf Ahmed and received in return the ability to use the ships belonging to the Somali State. ¶9. Sheikh Salad Isse - from the Hawiye Haber Gidir Suleiman clan. Allegedly supports and finances the activities of pirates in Xarardheere. Important businessman, illegally exports coal from Kismayo, Mogadishu and Hobyo. ¶10. Mohamed Aw Jamal - allegedly one of the investors implicated in the capture of the Carre d'As ship. ¶11. Mohamed Abdi Afweyne - from the Hawiye Haber Gidir clan, native of Adado. Member of a group in Xarardheere implicated in several hijackings and attacks of pirates, leader of the Somali Marines before Mohamed Garad. He has officially switched now to business and travels to Djibouti. Travels with an Ethiopian passport and may have brought some finds in this country. ¶12. Mrs. Asha Ali Jawanieh - from the Darod Ali Suleiman clan, lives in Bossaso. She is allegedly involved in the illegal crossing of migrants, as well as other illegal activities with Yemen. She is a recruiting officer of pirates. ¶13. Ali Omar Abderahman, aka Ali Horhore - from the Darod Dishishe clan. He is allegedly the main support of a group arrested by French forces and handed over to Puntland authorities on 23 October 2008. He is presumably involved in several recently hijackings, and in the trafficking of migrants, drugs, and smuggling. ¶14. Fouad Hanano - from the Darod Warsangeli clan, implicated in the abduction of the German couple of the "Rockall Berlin" in June 2008. He leads more or less 50 pirates. He is based in Somaliland. -------------- REPORTING DEADLINE AND POC -------------- ¶11. (U) Posts are requested to respond by 27 May. Point of contact in IO's Office of Peacekeeping, Sanctions, and Counterterrorism is Jean Clark (202.736.7736; clarkjt@state.sgov.gov). ¶12. (U) Department appreciates Posts' efforts. CLINTON